Commission Regulation (EC) No 1473/95 of 28 June 1995 establishing rules for management and distribution of the second tranche of textile quotas established under Council Regulation (EC) No 517/94

COMMISSION REGULATION (EC) No 1473/95 of 28 June 1995 establishing rules  for management and distribution of the second tranche of textile quotas established 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 relating to the 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), as modified by  Regulation (EC) No 1325/95  (2), and in particular Article 17 (3) and (6) and Article 21 (2) and  (3), in relation to Article 25 (3) thereof,
Whereas Commission Regulation (EC) No 2944/94  (3) established specific rules for the management  and distribution of all quantitative textile quotas established by Regulation (EC) No 517/94 and,  for 1995, opened a first tranche for distribution on the basis of the requests notified by the  Member States' competent authorities between 3 December and 15 December 1994;
Whereas for these quotas of which the level has been increased by Regulation (EC) No 1325/95 to  take into account the accession of the new Member States it is appropriate to open rapidly a second  tranche and to foresee that it will cover quantities not covered by Regulation (EC) No 2944/94,  with the exception of those relating to quotas applicable to products originating in the People's  Republic of China, since the bilateral agreement on textile products not covered by the MFA  bilateral agreement of 1988, initialled on 19 January 1995 and put into provisional application by  Council Decision 95/155/EC  (4) foresees that these quantities will be export managed by the  Peoples' Republic of China;
Whereas past experience accumulated during the allocation of the quantities of the first tranche  tends to indicate, taking into account the quantities notified by the competent authorities of the  Member States, that the continuation of the same method based on the taking into account of  traditional trade flows seems to be indicated on account of the motives which led to it being  retained in Regulation (EC) No 2944/94, for a limited number of quotas; it is therefore  appropriate, for the allocation of the second tranche, to maintain it, mutatis mutandis, only for  these quotas and to foresee that other quotas will be allocated according to the method based on  the chronological order of reception by the Commission of Member States' notifications, following  the principle of 'first come, first served`; this choice relies on the consideration that this  method constitutes, according to the letter and the spirit of Regulation (EC) No 517/94, the basic  method of allocation; it is however appropriate with a view to satisfying the largest number of  operators to limit the quantities to be allocated to each operator, on the basis of this method, to  a predetermined quantity to a level however sufficient to allow operators concerned to make  transactions economically justifiable;
Whereas for optimum use of the quantities which will be confirmed pursuant to this Regulation it is  appropriate to fix the period of validity of the import authorizations to six months from the date  of issuing and to allow their issuance by the Member States, after notification of the Commission  decision to the Member States and provided that the operator concerned can justify the existence of  a contract and certifies not to have already benefited for the category and the country concerned  of an import authorization within the Community in application of the present Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Committee established by Regulation (EC) No 517/94,