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            COMMISSION REGULATION (EC) No 2171/2004

of 17 December 2004         

laying down rules for the management and distribution of textile quotas established for the year 2005 under Council Regulation (EC) No 517/94

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules, (1) and in particular Article 17(3) and (6) and Article 21(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation is to lay down rules on the management of quantitative quotas for imports of certain textile products set out in Annexes IIIB and IV to Regulation (EC) No 517/94 for the year 2005.

Article 2

The quotas referred to in Article 1 shall be allocated according to the chronological order of receipt by the Commission of Member States’ notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator set out in Annex I.

The maximum quantities shall not, however, apply to operators able to prove to the competent national authorities, when making their first application for 2005, that, in respect of given categories and given third countries, they imported more than the maximum quantities specified for each category pursuant to import licences granted to them for 2004.

In the case of such operators, the competent authorities may authorise imports not exceeding the quantities imported in 2004 from given third countries and in given categories, provided that enough quota capacity is available.

Article 3

Any importer who has already used up 50 % or more of the amount allocated to him under this Regulation may make a further application, in respect of the same category and country of origin, for amounts not exceeding the maximum quantities laid down in Annex I.

Article 4

1.   The competent national authorities listed in Annex II may, from 10.00 a.m. on 4 January 2005, notify the Commission of the amounts covered by requests for import authorisations.

The time fixed in the first subparagraph shall be understood as Brussels time.

2.   The competent national authorities shall issue authorisations only after being notified by the Commission pursuant to Article 17(2) of Regulation (EC) No 517/94 that quantities are available for importation.

They shall issue authorisations only if an operator:

3.   Import authorisations shall be valid for nine months from the date of issue, but until 31 December 2005 at the latest.

The competent national authorities may, however, at the importer’s request, grant a three-month extension for authorisations which are at least 50 % used up at the time of the request. Such extension shall in no circumstances expire later than 31 March 2006.

Article 5

This Regulation shall enter into force on 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2004.

For the Commission

Peter MANDELSON            

Member of the Commission

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(1)OJ L 67, 10.3.1994, p.1; Regulation as last amended by Commission Regulation (EC) No 1877/2004 (OJ L 326, 29.10.2004, p. 25).

(2)OJ L 342, 29.12.2003, p. 13.

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ANNEX I

Maximum amounts referred to in Articles 2 and 3

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(1)  Including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999.

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ANNEX II

List of licensing offices referred to in Article 4

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