L 103/14 Official Journal of the European Communities 28.4.2000 COMMISSION REGULATION (EC) No 849/2000 of 27 April 2000 redistributing unused portions of the 1999 quantitative quotas for certain products originating in the People's Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure for adminis- tering quantitative quotas ('), as last amended by Regulation (EC) No 138/96 (3, and in particular Article 2(5) and Articles 14 and 24 thereof, Whereas: (1) Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83 (%), as last amended by Regulation (EC) No 1138/98 (¥, introduced annual quantitative quotas for certain products originating in the People's Republic of China listed in Annex II to that Regulation. The provisions of Regulation (EC) No 520/ 94 are applicable to those quotas. (2)  The Commission accordingly adopted Regulation (EC) No 738/94 (%), as last amended by Regulation (EC) No 983/96 (%), laying down general rules for the imple- mentation of Regulation (EC) No 520/94. These provi- sions apply to the administration of the above quotas subject to the provisions of this Regulation. (3)  In accordance with Article 20 of Regulation (EC) No 520/94, the competent authorities of the Member States notified the Commission of the quantities of quotas assigned in 1999 and not used. (4)  The unused quantities could not be redistributed in time to be used before the end of the 1999 quota year. (5)  Examination of the data received for each of the prod- ucts in question indicates that the quantities not used in the 1999 quota year should be redistributed in 2000, up to a limit of the amounts set out in Annex I to this Regulation. (6)  The different administrative methods provided for by Regulation (EC) No 520/94 have been considered; the method based on traditional trade flows should be 66, 10.3.1994, p. 1. 21, 27.1.1996, p. 6. 67, 10.3.1994, p. 89. 159, 3.6.1998, p. 1 (corrigendum O] L 241, 29.8.1998, (10) (11) adopted. Under this method quota tranches are divided into two portions, one of which is reserved for tradi- tional importers and the other for other applicants. This has proved to be the best way of ensuring the continuity of business for the Community importers concerned and avoiding any disturbance of trade flows. Quantities redistributed under this Regulation should be divided using the same criteria as for the allocation of the 2000 quotas. The reference period used for the apportionment of the 2000 quotas, consisting of either the year 1997 or 1998, should again be applied to the allocation of the share set aside for traditional importers, since it continues to reflect the normal trend of trade flows for the products in question. Therefore, traditional impor- ters must prove that they imported products originating in China subject to the relevant quotas in the course of either 1997 or 1998. It is necessary to simplify the formalities to be fulfilled by traditional importers who already hold import licences issued when the 2000 Community quotas were allocated. The competent administrative authorities already possess the requisite evidence of either 1997 or 1998 imports for all traditional importers. The latter need therefore only enclose copies of their previous licences with their new licence applications. Measures should be taken to provide the best conditions for the allocation of that portion of the quota reserved for non-traditional importers with a view to optimum use of quotas. To this end, it is appropriate to provide for that portion to be allocated in proportion to the quantities requested, on the basis of a simultaneous examination of import licence applications actually lodged, and grant access only to importers who can prove that they obtained and made use of at least 80 % of an import licence for the product in question during the 1999 quota year and to importers who did not obtain an import licence for the product in question during the 1999 quota year. The amount that any non- traditional importer may request should also be restricted to a set volume or value.