11.2.2005 Official Journal of the European Union L 39/5 COMMISSION REGULATION (EC) No 218/2005 of 10 February 2005 opening and providing for the administration of an autonomous tariff quota for garlic from 1 January 2005 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof, Whereas: (1)  Commission Regulation (EC) No 565/2002 () establishes the method for managing tariff quotas and introduces a system of certificates of origin for garlic imported from third countries. (2)  Commission Regulation (EC) No 228/2004 of 3 February 2004 laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia () adopts measures allowing importers from these countries to benefit from Regulation (EC) No 565/2002. The aim of the measures is to make a distinction between traditional importers and new importers in the new Member States, and to adapt the definition of the reference quantity so that these importers may benefit from the system. (3)  To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to accession, a new autonomous and temporary import tariff quota should be opened for fresh or chilled garlic falling within CN code 0703 20 00. This new tariff quota is in addition to those opened by Commission Regulations (EC) No 1077/2004 (}) and (EC) No 1743/2004 (4). (") OJ L 86, 3.4.2002, p. 11. Regulation as last amended by Regulation (EQ) No 537/2004 (O] L 86, 24.3.2004, p. 9). () OJ L 39, 11.2.2004, p. 10. () O] L 203, 8.6.2004, p. 7. () OJ L 311, 8.10.2004, p. 19. (4 This new quota must be transitional and must not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of new members. (5)  The Management Committee for fresh Fruit and Vege- tables has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 1. An autonomous tariff quota of 4 400 tonnes, (bearing the serial number 09.4115), hereinafter the ‘autonomous quota’, shall be opened from 1 January 2005 for Community imports of fresh or chilled garlic falling within CN code 0703 20 00. 2. The ad valorem duty applicable to products imported under the autonomous quota shall be 9,6 %. Article 2 Regulations (EC) No 565/2002 and (EC) No 228/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation. However, Articles 1, 5(5) and 6(1) of Regulation (EC) No 565/2002 shall not apply to the management of the autonomous quota. Article 3 Import licences issued under the autonomous quota, hereinafter Tlicences’, shall be valid until 30 June 2005. Box 24 of licences shall show one of the entries listed in Annex L Article 4 1. Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.