29. 6. 95 Official Journal of the European Communities No L 145/13 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 (*), as modi- fied by Regulation (EC) No 1325/95 (%), 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 () established specific rules for the management and distri- bution 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 noti- fied 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 Regula- tion (EC) No 2944/94, with the exception of those rela- ting 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 (*) foresees that these quantities will be export managed by the Peoples’ Republic of China; Whereas past experience accumulated during the alloca- tion of the quantities of the first tranche tends to indicate, taking into account the quantities notified by the compe- tent authorities of the Member States, that the continua- tion 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 chro- () OJ No L 67, 10. 3. 1994, p. 1. () OJ No L 128, 13. 6. 1995, p. 1. () OJ No L 310, 3. 12. 1994, p. 48. () O No L 104, 6. 5. 1995, p. 1. nological order of reception by the Commission of Member States’ notifications, following the principle of ‘first come, first served’ ; this choice relies on the conside- ration 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 author- ization 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 esta- blished by Regulation (EC) No 517/94, HAS ADOPTED THIS REGULATION : Article 1 This Regulation specifies certain rules concerning the management of the second tranche of quantitative limits established by Regulation (EC) No 517/94 and applicable for 1995 as indicated in Annex I. It indicates rules for the allocation applicable to quantities still available within these quotas. - TITLE 1 Article 2 The second tranche of quotas referred to in Article 1 and indicated Annex II is distributed from the date of entry into force of the present Regulation in chronological order of reception by the Commission of the notifications by the Member States of requests for quantities not ex- ceeding for each operator the predetermined quantities indicated in Annex IV, according to the principle first come, first served.