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COUNCIL REGULATION ( EEC ) NO 288/82

OF 5 FEBRUARY 1982

ON COMMON RULES FOR IMPORTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE INSTRUMENTS ESTABLISHING COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND TO THE INSTRUMENTS CONCERNING PROCESSED AGRICULTURAL PRODUCTS ADOPTED IN PURSUANCE OF ARTICLE 235 OF THE TREATY , IN PARTICULAR THE PROVISIONS OF THOSE INSTRUMENTS WHICH ALLOW FOR DEROGATION FROM THE GENERAL PRINCIPLE THAT ALL QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT MAY BE REPLACED SOLELY BY THE MEASURES PROVIDED FOR IN THOSE SAME INSTRUMENTS ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THE COMMON COMMERCIAL POLICY MUST BE BASED ON UNIFORM PRINCIPLES ; WHEREAS THE IMPORT RULES ESTABLISHED BY REGULATION ( EEC ) NO 926/79 ( 1 ) ARE AN IMPORTANT ASPECT OF THAT POLICY ;

WHEREAS THE LIBERALIZATION OF IMPORTS , THAT IS TO SAY THE ABSENCE OF ANY QUANTITATIVE RESTRICTIONS SUBJECT TO EXCEPTIONS AND DEROGATIONS PROVIDED FOR IN COMMUNITY RULES , IS THE STARTING POINT FOR COMMON RULES IN THIS FIELD ;

WHEREAS THE COMMISSION MUST BE INFORMED BY THE MEMBER STATES OF ANY DANGER CREATED BY TRENDS IN IMPORTS WHICH MIGHT CALL FOR PROTECTIVE MEASURES ;

WHEREAS , IN SUCH A CASE , THE COMMISSION MUST EXAMINE IMPORT TERMS AND CONDITIONS , IMPORT TRENDS , THE VARIOUS ASPECTS OF THE ECONOMIC AND COMMERCIAL SITUATION , AND THE MEASURES , IF ANY , TO BE TAKEN ;

WHEREAS IT MAY BECOME APPARENT THAT THERE SHOULD BE EITHER COMMUNITY SURVEILLANCE OR SURVEILLANCE AT NATIONAL LEVEL OVER CERTAIN OF THESE IMPORTS ;

WHEREAS IN THIS CASE THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS CONCERNED SHOULD BE MADE SUBJECT TO PRODUCTION OF AN IMPORT DOCUMENT SATISFYING UNIFORM CRITERIA ; WHEREAS THAT DOCUMENT MUST , ON DECLARATION OR ON SIMPLE APPLICATION BY THE IMPORTER , BE ISSUED OR ENDORSED BY THE AUTHORITIES OF THE MEMBER STATES WITHIN A CERTAIN PERIOD BUT WITHOUT THE IMPORTER THEREBY ACQUIRING ANY RIGHT TO IMPORT ; WHEREAS THE DOCUMENT MUST THEREFORE BE VALID ONLY DURING SUCH PERIOD AS THE IMPORT RULES REMAIN UNCHANGED ;

WHEREAS IT IS IN THE INTEREST OF THE COMMUNITY THAT THE MEMBER STATES AND THE COMMISSION SHOULD MAKE AS FULL AN EXCHANGE AS POSSIBLE OF INFORMATION RESULTING FROM EITHER COMMUNITY SURVEILLANCE OR SURVEILLANCE AT NATIONAL LEVEL ;

WHEREAS IT IS FOR THE COMMISSION AND THE COUNCIL TO ADOPT THE PROTECTIVE MEASURES CALLED FOR BY THE INTERESTS OF THE COMMUNITY WITH DUE REGARD FOR EXISTING INTERNATIONAL OBLIGATIONS ; WHEREAS , THEREFORE , PROTECTIVE MEASURES AGAINST A COUNTRY WHICH IS A CONTRACTING PARTY TO GATT MAY BE CONSIDERED ONLY IF THE PRODUCT IN QUESTION IS IMPORTED INTO THE COMMUNITY IN SUCH GREATLY INCREASED QUANTITIES AND ON SUCH TERMS OR CONDITIONS AS TO CAUSE , OR THREATEN TO CAUSE , SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS , UNLESS INTERNATIONAL OBLIGATIONS PERMIT DEROGATION FROM THIS RULE ;

WHEREAS MEMBER STATES SHOULD BE EMPOWERED , IN CERTAIN CIRCUMSTANCES AND PROVIDED THAT THEIR ACTIONS ARE ON AN INTERIM BASIS ONLY , TO TAKE PROTECTIVE EASURES INDIVIDUALLY ;

WHEREAS ARTICLES 14 ( 6 ) AND 16 ( 1 ) OF REGULATION ( EEC ) NO 926/79 PROVIDE THAT THE COUNCIL SHALL DECIDE ON THE ADJUSTMENTS TO BE MADE TO THAT REGULATION ;

WHEREAS A REVIEW OF THE REGULATION , IN THE LIGHT OF EXPERIENCE GAINED IN APPLYING IT , HAS SHOWN THAT IT IS NECESSARY TO ADOPT MORE PRECISE CRITERIA FOR ASSESSING POSSIBLE INJURY AND TO INTRODUCE AN INVESTIGATION PROCEDURE WHILE STILL ALLOWING THE COMMISSION AND THE MEMBER STATES TO INTRODUCE APPROPRIATE MEASURES IN URGENT CASES ;

WHEREAS TO THIS END MORE DETAILED PROVISIONS SHOULD BE INTRODUCED ON THE OPENING OF INVESTIGATIONS , ON THE CHECKS AND INSPECTIONS REQUIRED , ON THE HEARING OF THOSE CONCERNED , THE TREATMENT OF INFORMATION OBTAINED AND THE CRITERIA FOR ASSESSING INJURY ;

WHEREAS THE PROVISIONS ON THE INVESTIGATIONS INTRODUCED BY THIS REGULATION DO NOT PREJUDICE COMMUNITY OR NATIONAL RULES CONCERNING PROFESSIONAL SECRECY ;

WHEREAS , FURTHERMORE , IN A DESIRE FOR SIMPLICITY AND GREATER TRANSPARENCY OF IMPORT ARRANGEMENTS , IT SEEMED PREFERABLE TO DRAW UP A LIST OF QUANTITATIVE RESTRICTIONS STILL APPLICABLE AT NATIONAL LEVEL RATHER THAN A COMMON LIBERALIZATION LIST ;

WHEREAS A PROCEDURE SHOULD BE AVAILABLE FOR APPLICATION WHERE IMPORT RESTRICTIONS MAINTAINED BY CERTAIN MEMBER STATES ARE AMENDED ; WHEREAS IN ORDER TO PREVENT THESE AUTONOMOUS AMENDMENTS FROM CONSTITUTING OBSTACLES TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY AND FROM INJURING THE INTERESTS OF THE COMMUNITY OR ONE OF ITS MEMBER STATES , THESE AMENDMENTS SHOULD BE SUBJECT TO PRIOR CONSULTATION AND , WHERE NECESSARY , TO AN AUTHORIZATION PROCEDURE ;

WHEREAS , IN ADDITION , THE PROVISIONS OF THE AGREEMENT ON IMPORT LICENCING PROCEDURES SIGNED WITHIN THE FRAMEWORK OF GATT SHOULD BE TRANSPOSED INTO COMMUNITY LAW , IN PARTICULAR SO AS TO ENSURE A GREATER TRANSPARENCY OF THE SYSTEMS OF RESTRICTIONS APPLIED BY THE MEMBER STATES ;

WHEREAS THE REGULATION THUS AMENDED SHOULD BE PUBLISHED IN ITS ENTIRETY ,

HAS ADOPTED THIS REGULATION :

TITLE I

GENERAL PRINCIPLES

ARTICLE 1

1 . THIS REGULATION SHALL APPLY TO IMPORTS OF PRODUCTS COVERED BY THE TREATY ORIGINATING IN THIRD COUNTRIES , EXCEPT FOR

- TEXTILE PRODUCTS SUBJECT TO SPECIFIC COMMON IMPORT RULES FOR THE DURATION OF THOSE RULES , SUBJECT TO MEASURES WHICH MAY BE TAKEN REGARDING THESE PRODUCTS IN ACCORDANCE WITH TITLE IV ,

- THE PRODUCTS ORIGINATING IN STATE-TRADING COUNTRIES LISTED IN REGULATION ( EEC ) NO 925/79 ( 2 ) ,

- THE PRODUCTS ORIGINATING IN THE PEOPLE'S REPUBLIC OF CHINA LISTED IN REGULATION ( EEC ) NO 2532/78 ( 3 ) ,

- PRODUCTS ORIGINATING IN CUBA .

2 . IMPORTATION INTO THE COMMUNITY OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE FREE , AND THEREFORE NOT SUBJECT TO ANY QUANTITATIVE RESTRICTION , WITHOUT PREJUDICE TO

- MEASURES WHICH MAY BE TAKEN UNDER TITLE V ,

- MEASURES MAINTAINED UNDER TITLE VI ,

- QUANTITATIVE RESTRICTIONS FOR THE PRODUCTS LISTED IN ANNEX I AND MAINTAINED IN THE MEMBER STATES INDICATED OPPOSITE THESE PRODUCTS IN THAT ANNEX .

ARTICLE 2

THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , DECIDE TO DELETE CERTAIN PRODUCTS FROM ANNEX I , IF IT CONSIDERS THAT SUCH ACTION IS NOT LIABLE TO CREATE A SITUATION WHERE THE REINTRODUCTION OF PROTECTIVE MEASURES WOULD BE JUSTIFIED .

TITLE II

COMMUNITY INFORMATION AND CONSULTATION PROCEDURE

ARTICLE 3

THE COMMISSION SHALL BE INFORMED BY THE MEMBER STATES SHOULD TRENDS IN IMPORTS APPEAR TO CALL FOR SURVEILLANCE OR PROTECTIVE MEASURES . THIS INFORMATION SHALL CONTAIN THE AVAILABLE EVIDENCE ON THE BASIS OF THE CRITERIA LAID DOWN IN ARTICLE 9 . THE COMMISSION SHALL PASS ON THIS INFORMATION TO ALL THE MEMBER STATES FORTHWITH .

ARTICLE 4

CONSULTATIONS MAY BE HELD , EITHER AT THE REQUEST OF A MEMBER STATE OR ON THE INITIATIVE OF THE COMMISSION . THEY SHALL TAKE PLACE WITHIN EIGHT WORKING DAYS FOLLOWING RECEIPT BY THE COMMISSION OF THE INFORMATION PROVIDED FOR IN ARTICLE 3 AND , IN ANY EVENT , BEFORE THE INTRODUCTION OF ANY MEASURE OF SURVEILLANCE OR PROTECTIVE MEASURE BY THE COMMUNITY .

ARTICLE 5

1 . CONSULTATION SHALL TAKE PLACE WITHIN AN ADVISORY COMMITTEE ( HEREINAFTER CALLED " THE COMMITTEE " ) WHICH SHALL CONSIST OF REPRESENTATIVES OF EACH MEMBER STATE WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .

2 . THE COMMITTEE SHALL MEET WHEN CONVENED BY ITS CHAIRMAN . HE SHALL PROVIDE THE MEMBER STATES , AS PROMPTLY AS POSSIBLE , WITH ALL RELEVANT INFORMATION .

3 . CONSULTATION SHALL COVER IN PARTICULAR :

( A ) TERMS AND CONDITIONS OF IMPORTATION , IMPORT TRENDS , AND THE VARIOUS ASPECTS OF THE ECONOMIC AND COMMERCIAL SITUATION AS REGARDS THE PRODUCT IN QUESTION ;

( B ) THE MEASURES , IF ANY , TO BE TAKEN .

4 . CONSULTATIONS MAY BE IN WRITING IF NECESSARY . THE COMMISSION SHALL IN THIS EVENT INFORM THE MEMBER STATES , WHICH MAY EXPRESS THEIR OPINION OR REQUEST ORAL CONSULTATIONS WITHIN A PERIOD OF FIVE TO EIGHT WORKING DAYS TO BE DECIDED BY THE COMMISSION .

TITLE III

COMMUNITY INVESTIGATION PROCEDURE

ARTICLE 6

1 . WHERE , AFTER CONSULTATION IT IS APPARENT TO THE COMMISSION THAT THERE IS SUFFICIENT EVIDENCE TO JUSTIFY AN INVESTIGATION , THE COMMISSION SHALL :

( A ) ANNOUNCE THE OPENING OF AN INVESTIGATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ; SUCH ANNOUNCEMENTS SHALL GIVE A SUMMARY OF THE INFORMATION RECEIVED , AND STIPULATE THAT ALL RELEVANT INFORMATION IS TO BE COMMUNICATED TO THE COMMISSION ; IT SHALL STATE THE PERIOD WITHIN WHICH INTERESTED PARTIES MAY MAKE KNOWN THEIR VIEWS IN WRITING ;

( B ) COMMENCE THE INVESTIGATION , ACTING IN COOPERATION WITH THE MEMBER STATES .

2 . THE COMMISSION SHALL SEEK ALL INFORMATION IT DEEMS TO BE NECESSARY AND , WHERE IT CONSIDERS IT APPROPRIATE , AFTER CONSULTING THE COMMITTEE , ENDEAVOUR TO CHECK THIS INFORMATION WITH IMPORTERS , TRADERS , AGENTS , PRODUCERS , TRADE ASSOCIATIONS AND ORGANIZATIONS .

THE COMMISSION SHALL BE ASSISTED IN THIS TASK BY STAFF OF THE MEMBER STATE ON WHOSE TERRITORY THESE CHECKS ARE BEING CARRIED OUT , PROVIDED THIS MEMBER STATE SO WISHES .

3 . THE MEMBER STATES SHALL SUPPLY THE COMMISSION , AT ITS REQUEST AND FOLLOWING PROCEDURES LAID DOWN BY IT , WITH ALL INFORMATION AT THEIR DISPOSAL ON DEVELOPMENTS IN THE MARKET OF THE PRODUCT BEING INVESTIGATED .

4 . THE COMMISSION MAY HEAR THE INTERESTED NATURAL AND LEGAL PERSONS . SUCH PARTIES MUST BE HEARD WHERE THEY HAVE APPLIED IN WRITING WITHIN THE PERIOD LAID DOWN IN THE NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , SHOWING THAT THEY ARE ACTUALLY LIKELY TO BE AFFECTED BY THE OUTCOME OF THE INVESTIGATIONS AND THAT THERE ARE SPECIAL REASONS FOR THEM TO BE HEARD ORALLY .

5 . WHERE THE INFORMATION REQUESTED BY THE COMMISSION IS NOT SUPPLIED WITHIN A REASONABLE PERIOD , OR THE INVESTIGATION IS SIGNIFICANTLY IMPEDED , FINDINGS MAY BE MADE ON THE BASIS OF THE FACTS AVAILABLE .

ARTICLE 7

1 . AT THE END OF THE INVESTIGATION , THE COMMISSION SHALL SUBMIT A REPORT ON THE RESULTS TO THE COMMITTEE .

2 . IF THE COMMISSION CONSIDERS THAT NO COMMUNITY SURVEILLANCE OR PROTECTIVE MEASURES ARE NECESSARY , IT SHALL PUBLISH IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , AFTER CONSULTING THE COMMITTEE , A NOTICE THAT THE INVESTIGATIONS ARE CLOSED , STATING THE MAIN CONCLUSIONS OF THE INVESTIGATIONS .

3 . IF THE COMMISSION CONSIDERS THAT COMMUNITY SURVEILLANCE OR PROTECTIVE MEASURES ARE NECESSARY , IT SHALL TAKE THE NECESSARY DECISIONS IN ACCORDANCE WITH TITLES IV AND V .

4 . THE PROVISIONS OF THIS TITLE SHALL NOT PRECLUDE THE TAKING , AT ANY TIME , OF SURVEILLANCE MEASURES IN ACCORDANCE WITH ARTICLES 10 TO 14 OR , IN AN EMERGENCY , PROTECTIVE MEASURES IN ACCORDANCE WITH ARTICLES 15 TO 17 .

IN THE LATTER CASE , THE COMMISSION SHALL IMMEDIATELY TAKE THE INVESTIGATION MEASURES IT CONSIDERS TO BE STILL NECESSARY . THE RESULTS OF THE INVESTIGATION SHALL BE USED TO RE-EXAMINE THE MEASURES TAKEN .

ARTICLE 8

1 . INFORMATION RECEIVED IN PURSUANCE OF THIS REGULATION SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS REQUESTED .

2 . ( A ) NEITHER THE COUNCIL , NOR THE COMMISSION , NOR MEMBER STATES , NOR THE OFFICIALS OF ANY OF THESE , SHALL REVEAL ANY INFORMATION OF A CONFIDENTIAL NATURE RECEIVED IN PURSUANCE OF THIS REGULATION , OR ANY INFORMATION PROVIDED ON A CONFIDENTIAL BASIS , WITHOUT SPECIFIC PERMISSION FROM THE SUPPLIER OF SUCH INFORMATION .

( B ) EACH REQUEST FOR CONFIDENTIALITY SHALL STATE THE REASONS WHY THE INFORMATION IS CONFIDENTIAL .

HOWEVER , IF IT APPEARS THAT A REQUEST FOR CONFIDENTIALITY IS UNJUSTIFIED AND IF THE SUPPLIER OF THE INFORMATION WISHES NEITHER TO MAKE IT PUBLIC NOR TO AUTHORIZE ITS DISCLOSURE IN GENERAL TERMS OR IN THE FORM OF A SUMMARY , THE INFORMATION CONCERNED MAY BE DISREGARDED .

3 . INFORMATION WILL IN ANY CASE BE CONSIDERED TO BE CONFIDENTIAL IF ITS DISCLOSURE IS LIKELY TO HAVE A SIGNIFICANTLY ADVERSE EFFECT UPON THE SUPPLIER OR THE SOURCE OF SUCH INFORMATION .

4 . THE ABOVE PARAGRAPHS SHALL NOT PRECLUDE REFERENCE BY THE COMMUNITY AUTHORITIES TO GENERAL INFORMATION AND IN PARTICULAR TO REASONS ON WHICH DECISIONS TAKEN IN PURSUANCE OF THIS REGULATION ARE BASED . THESE AUTHORITIES MUST , HOWEVER , TAKE INTO ACCOUNT THE LEGITIMATE INTEREST OF THE LEGAL AND NATURAL PERSONS CONCERNED THAT THEIR BUSINESS SECRETS SHOULD NOT BE DIVULGED .

ARTICLE 9

1 . THE EXAMINATION OF THE TREND OF IMPORTS , OF THE CONDITIONS IN WHICH THEY TAKE PLACE AND OF THE SUBSTANTIAL INJURY OR THREAT OF SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS RESULTING FROM SUCH IMPORTS , SHALL COVER IN PARTICULAR THE FOLLOWING FACTORS :

( A ) THE VOLUME OF IMPORTS , IN PARTICULAR WHERE THERE HAS BEEN A SIGNIFICANT INCREASE , EITHER IN ABSOLUTE TERMS OR RELATIVE TO PRODUCTION OR CONSUMPTION IN THE COMMUNITY ;

( B ) THE PRICES OF THE IMPORTS , IN PARTICULAR WHERE THERE HAS BEEN A SIGNIFICANT PRICE UNDERCUTTING AS COMPARED WITH THE PRICE OF A LIKE PRODUCT IN THE COMMUNITY ;

( C ) THE CONSEQUENT IMPACT ON THE COMMUNITY PRODUCERS OF SIMILAR OR DIRECTLY COMPETITIVE PRODUCTS AS INDICATED BY TRENDS IN CERTAIN ECONOMIC FACTORS SUCH AS :

- PRODUCTION ,

- UTILIZATION OF CAPACITY ,

- STOCKS ,

- SALES ,

- MARKET SHARE ,

- PRICES ( I.E . DEPRESSION OF PRICES OR PREVENTION OF PRICE INCREASES WHICH WOULD NORMALLY HAVE OCCURRED ) ,

- PROFITS ,

- RETURN ON CAPITAL EMPLOYED ,

- CASH FLOW ,

- EMPLOYMENT .

2 . WHERE A THREAT OF SERIOUS INJURY IS ALLEGED THE COMMISSION SHALL ALSO EXAMINE WHETHER IT IS CLEARLY FORESEEABLE THAT A PARTICULAR SITUATION IS LIKELY TO DEVELOP INTO ACTUAL INJURY . IN THIS REGARD ACCOUNT MAY BE TAKEN OF FACTORS SUCH AS :

( A ) RATE OF INCREASE OF THE EXPORTS TO THE COMMUNITY ;

( B ) EXPORT CAPACITY IN THE COUNTRY OF ORIGIN OR EXPORT , ALREADY IN EXISTENCE OR WHICH WILL BE OPERATIONAL IN THE FORESEEABLE FUTURE , AND THE LIKELIHOOD THAT THE RESULTING EXPORTS WILL BE TO THE COMMUNITY .

TITLE IV

SURVEILLANCE

ARTICLE 10

1 . WHERE DEVELOPMENTS ON THE MARKET IN RESPECT OF A PRODUCT ORIGINATING IN A THIRD COUNTRY COVERED BY THIS REGULATION THREATEN TO CAUSE INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS AND WHERE THE INTERESTS OF THE COMMUNITY SO REQUIRE , IMPORTATION OF THAT PRODUCT MAY BE MADE SUBJECT , AS THE CASE MAY BE , TO :

( A ) RETROSPECTIVE COMMUNITY SURVEILLANCE CARRIED OUT ACCORDING TO THE PROCEDURES LAID DOWN IN THE DECISION REFERRED TO IN PARAGRAPH 2 , OR

( B ) PRIOR COMMUNITY SURVEILLANCE CARRIED OUT ACCORDING TO THE PROCEDURES LAID DOWN IN ARTICLE 11 .

IN THESE CASES THE PRODUCT TOGETHER WITH THE INDICATION " EUR " SHALL BE ENTERED IN ANNEX II .

2 . WHERE THE DECISION TO IMPOSE SURVEILLANCE IS TAKEN SIMULTANEOUSLY WITH THE LIBERALIZATION OF IMPORTATION OF THE PRODUCT IN QUESTION , THAT DECISION SHALL BE TAKEN BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION . IN ALL OTHER CASES IT SHALL BE TAKEN BY THE COMMISSION AND ARTICLE 15 ( 5 ) SHALL APPLY .

3 . THE SURVEILLANCE MEASURES SHALL BE OF LIMITED DURATION . UNLESS OTHERWISE PROVIDED , THEY SHALL CEASE TO BE VALID AT THE END OF THE SECOND HALF CALENDAR YEAR FOLLOWING THAT IN WHICH THEY WERE INTRODUCED .

ARTICLE 11

1 . PRODUCTS UNDER PRIOR COMMUNITY SURVEILLANCE MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT DOCUMENT . SUCH DOCUMENT SHALL BE ISSUED OR ENDORSED BY MEMBER STATES , FREE OF CHARGE , FOR ANY QUANTITY REQUESTED AND WITHIN A MAXIMUM OF FIVE WORKING DAYS FOLLOWING SUBMISSION , IN ACCORDANCE WITH THE NATIONAL LAWS IN FORCE , EITHER OF A DECLARATION OR SIMPLY OF AN APPLICATION BY ANY COMMUNITY IMPORTER , REGARDLESS OF HIS PLACE OF BUSINESS IN THE COMMUNITY , WITHOUT PREJUDICE TO THE OBSERVANCE OF THE OTHER CONDITIONS REQUIRED BY THE REGULATIONS IN FORCE .

2 . SUBJECT TO ANY PROVISION TO THE CONTRARY MADE WHEN SURVEILLANCE WAS IMPOSED AND UNDER THE PROCEDURE THERE FOLLOWED , THE DECLARATION OR APPLICATION BY THE IMPORTER MUST GIVE :

( A ) THE NAME AND ADDRESS OF THE IMPORTER ;

( B ) A DESCRIPTION OF THE PRODUCT WITH THE FOLLOWING PARTICULARS :

- COMMERCIAL DESCRIPTION ,

- TARIFF HEADING , OR REFERENCE NUMBER , OF THE PRODUCT IN THE GOODS NOMENCLATURE USED FOR FOREIGN TRADE PURPOSES BY THE COUNTRY CONCERNED ,

- COUNTRY OF ORIGIN ,

- EXPORTING COUNTRY ;

( C ) THE CIF PRICE FREE-AT-FRONTIER AND THE QUANTITY OF THE PRODUCT IN UNITS CUSTOMARILY USED IN THE TRADE IN QUESTION ;

( D ) THE PROPOSED DATE OR DATES AS WELL AS THE PLACE OR PLACES OF IMPORTATION .

MEMBER STATES MAY REQUEST FURTHER PARTICULARS .

3 . PARAGRAPH 2 SHALL NOT PRECLUDE THE PUTTING INTO FREE CIRCULATION OF THE PRODUCT IN QUESTION IF THE UNIT PRICE AT WHICH THE TRANSACTION IS EFFECTED EXCEEDS THAT INDICATED IN THE IMPORT DOCUMENT , OR IF THE TOTAL VALUE OR QUANTITY OF THE PRODUCTS TO BE IMPORTED EXCEEDS THE VALUE OR QUANTITY GIVEN IN THE IMPORT DOCUMENT BY LESS THAN 5 % . THE COMMISSION , HAVING HEARD THE OPINIONS EXPRESSED IN THE COMMITTEE AND TAKING ACCOUNT OF THE NATURE OF THE PRODUCTS AND OTHER SPECIAL FEATURES OF THE TRANSACTIONS CONCERNED , MAY FIX A DIFFERENT PERCENTAGE , WHICH , HOWEVER , SHOULD NOT NORMALLY EXCEED 10 % .

4 . IMPORT DOCUMENTS MAY BE USED ONLY FOR SUCH TIME AS ARRANGEMENTS FOR THE LIBERALIZATION OF IMPORTS REMAIN IN FORCE IN RESPECT OF THE TRANSACTIONS CONCERNED AND IN ANY EVENT NOT BEYOND THE EXPIRY OF A PERIOD LAID DOWN , WITH REGARD TO THE NATURE OF THE PRODUCTS AND OTHER SPECIAL FEATURES OF THE TRANSACTIONS , AT THE SAME TIME AND BY MEANS OF THE SAME PROCEDURE AS THE IMPOSITION OF SURVEILLANCE .

5 . WHERE THE DECISION TAKEN UNDER ARTICLE 10 SO REQUIRES , THE ORIGIN OF PRODUCTS UNDER COMMUNITY SURVEILLANCE MUST BE PROVED BY A CERTIFICATE OF ORIGIN . THIS PARAGRAPH SHALL NOT PREJUDICE OTHER PROVISIONS CONCERNING THE PRODUCTION OF ANY SUCH CERTIFICATE .

6 . WHERE THE PRODUCT UNDER PRIOR COMMUNITY SURVEILLANCE IS NOT LIBERALIZED IN A MEMBER STATE , THE IMPORT AUTHORIZATION GRANTED BY THAT MEMBER STATE MAY REPLACE THE IMPORT DOCUMENT .

ARTICLE 12

1 . WHERE IMPORTATION OF A PRODUCT HAS NOT BEEN MADE SUBJECT TO PRIOR COMMUNITY SURVEILLANCE WITHIN A PERIOD OF EIGHT WORKING DAYS FOLLOWING THE END OF CONSULTATIONS , THE MEMBER STATE , HAVING INFORMED THE COMMISSION UNDER ARTICLE 3 MAY CARRY OUT SURVEILLANCE OVER SUCH IMPORTATION AT NATIONAL LEVEL .

2 . IN CASES OF EXTREME URGENCY THE MEMBER STATE MAY CARRY OUT SURVEILLANCE AT NATIONAL LEVEL AFTER INFORMING THE COMMISSION IN ACCORDANCE WITH ARTICLE 3 . THE LATTER SHALL INFORM THE OTHER MEMBER STATES .

3 . THE COMMISSION SHALL BE INFORMED , UPON THE ENTRY INTO FORCE OF THE SURVEILLANCE , OF THE DETAILED RULES FOR ITS APPLICATION AND SHALL AMEND ANNEX II BY MEANS OF A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , BY ENTERING THE NAME OF THE MEMBER STATE APPLYING THE SURVEILLANCE OPPOSITE THE PRODUCT IN QUESTION .

ARTICLE 13

PRODUCTS UNDER NATIONAL SURVEILLANCE MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT DOCUMENT . SUCH DOCUMENT SHALL BE ISSUED OR ENDORSED BY THE MEMBER STATE , FREE OF CHARGE , FOR ANY QUANTITY REQUESTED AND WITHIN A MAXIMUM OF FIVE WORKING DAYS FOLLOWING SUBMISSION OF A DECLARATION OR SIMPLY OF AN APPLICATION BY ANY COMMUNITY IMPORTER , REGARDLESS OF HIS PLACE OF BUSINESS IN THE COMMUNITY , WITHOUT PREJUDICE TO THE OBSERVANCE OF THE OTHER CONDITIONS REQUIRED BY THE REGULATIONS IN FORCE . IMPORT DOCUMENTS MAY BE USED ONLY FOR SUCH TIME AS ARRANGEMENTS FOR THE LIBERALIZATION OF IMPORTS REMAIN IN FORCE IN RESPECT OF THE TRANSACTIONS CONCERNED .

ARTICLE 14

1 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION WITHIN THE FIRST 10 DAYS OF EACH MONTH IN THE CASE OF COMMUNITY SURVEILLANCE AND WITHIN THE FIRST 20 DAYS OF EACH QUARTER IN THE CASE OF NATIONAL SURVEILLANCE :

( A ) IN THE CASE OF PRIOR SURVEILLANCE , DETAILS OF THE SUMS OF MONEY ( CALCULATED ON THE BASIS OF CIF PRICES ) AND QUANTITIES OF GOODS IN RESPECT OF WHICH IMPORT DOCUMENTS WERE ISSUED OR ENDORSED DURING THE PRECEDING PERIOD ;

( B ) IN EVERY CASE , DETAILS OF IMPORTS DURING THE PERIOD PRECEDING THE PERIOD REFERRED TO IN SUBPARAGRAPH ( A ) .

THE INFORMATION SUPPLIED BY MEMBER STATES SHALL BE BROKEN DOWN BY PRODUCT AND BY COUNTRIES .

DIFFERENT PROVISIONS MAY BE LAID DOWN AT THE SAME TIME AND BY THE SAME PROCEDURE AS THE SURVEILLANCE ARRANGEMENTS .

2 . WHERE THE NATURE OF THE PRODUCTS OR SPECIAL CIRCUMSTANCES SO REQUIRE , THE COMMISSION MAY , AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , AMEND THE TIMETABLES FOR SUBMITTING THIS INFORMATION .

3 . THE COMMISSION SHALL INFORM THE MEMBER STATE .

TITLE V

PROTECTIVE MEASURES

ARTICLE 15

1 . WHERE A PRODUCT IS IMPORTED INTO THE COMMUNITY IN SUCH GREATLY INCREASED QUANTITIES AND/OR ON SUCH TERMS OR CONDITIONS AS TO CAUSE , OR THREATEN TO CAUSE , SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS , AND WHERE A CRITICAL SITUATION , IN WHICH ANY DELAY WOULD CAUSE INJURY WHICH IT WOULD BE DIFFICULT TO REMEDY , CALLS FOR IMMEDIATE INTERVENTION IN ORDER TO SAFEGUARD THE INTERESTS OF THE COMMUNITY , THE COMMISSION MAY , ACTING AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE :

( A ) LIMIT THE PERIOD OF VALIDITY OF IMPORT DOCUMENTS WITHIN THE MEANING OF ARTICLE 11 TO BE ISSUED OR ENDORSED AFTER THE ENTRY INTO FORCE OF THIS MEASURE ;

( B ) ALTER THE IMPORT RULES FOR THE PRODUCT IN QUESTION BY PROVIDING THAT IT MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT AUTHORIZATION , THE GRANTING OF WHICH SHALL BE GOVERNED BY SUCH PROVISIONS AND SUBJECT TO SUCH LIMITS AS THE COMMISSION SHALL LAY DOWN PENDING ACTION , IF ANY , BY THE COUNCIL UNDER ARTICLE 16 .

THE MEASURES REFERRED TO IN ( A ) AND ( B ) SHALL TAKE EFFECT IMMEDIATELY .

2 . WHERE THE ESTABLISHMENT OF A QUOTA CONSTITUTES A WITHDRAWAL OF LIBERALIZATION , ACCOUNT SHALL BE TAKEN IN PARTICULAR OF :

- THE DESIRABILITY OF MAINTAINING , AS FAR AS POSSIBLE , TRADITIONAL TRADE FLOWS ,

- THE VOLUME OF GOODS EXPORTED UNDER CONTRACTS CONCLUDED ON NORMAL TERMS AND CONDITIONS BEFORE THE ENTRY INTO FORCE OF A PROTECTIVE MEASURE WITHIN THE MEANING OF THIS TITLE , WHERE SUCH CONTRACTS HAVE BEEN NOTIFIED TO THE COMMISSION BY THE MEMBER STATE CONCERNED ,

- THE NEED TO AVOID JEOPARDIZING ACHIEVEMENT OF THE AIM PURSUED IN ESTABLISHING THE QUOTA .

3 . ( A ) THE MEASURES REFERRED TO IN THIS ARTICLE SHALL APPLY TO EVERY PRODUCT WHICH IS PUT INTO FREE CIRCULATION AFTER THEIR ENTRY INTO FORCE . THEY MAY BE LIMITED TO IMPORTS INTENDED FOR CERTAIN REGIONS OF THE COMMUNITY .

( B ) HOWEVER , SUCH MEASURES SHALL NOT PREVENT THE PUTTING INTO FREE CIRCULATION OF PRODUCTS ALREADY ON THEIR WAY TO THE COMMUNITY PROVIDED THAT THE DESTINATION OF SUCH PRODUCTS CANNOT BE CHANGED AND THAT THOSE PRODUCTS WHICH , UNDER ARTICLES 10 AND 11 MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT DOCUMENT ARE IN FACT ACCOMPANIED BY SUCH A DOCUMENT .

4 . WHERE INTERVENTION BY THE COMMISSION HAS BEEN REQUESTED BY A MEMBER STATE , THE COMMISSION SHALL TAKE A DECISION WITHIN A MAXIMUM OF FIVE WORKING DAYS OF RECEIPT OF SUCH REQUEST .

5 . ANY DECISION TAKEN BY THE COMMISSION UNDER THIS ARTICLE SHALL BE COMMUNICATED TO THE COUNCIL AND TO THE MEMBER STATES . ANY MEMBER STATE MAY , WITHIN ONE MONTH FOLLOWING THE DAY OF COMMUNICATION , REFER SUCH DECISION TO THE COUNCIL .

6 . IF A MEMBER STATE REFERS THE DECISION TAKEN BY THE COMMISSION TO THE COUNCIL , THE COUNCIL SHALL , BY A QUALIFIED MAJORITY , CONFIRM , AMEND OR REVOKE THE DECISION OF THE COMMISSION .

IF WITHIN THREE MONTHS OF THE REFERRAL OF THE MATTER TO THE COUNCIL , THE LATTER HAS NOT GIVEN A DECISION , THE MEASURE TAKEN BY THE COMMISSION SHALL BE DEEMED REVOKED .

ARTICLE 16

1 . WHERE THE INTERESTS OF THE COMMUNITY SO REQUIRE , THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , ADOPT APPROPRIATE MEASURES :

( A ) TO PREVENT A PRODUCT BEING IMPORTED INTO THE COMMUNITY IN SUCH GREATLY INCREASED QUANTITIES AND/OR ON SUCH TERMS OR CONDITIONS AS TO CAUSE , OR THREATEN TO CAUSE , SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS ;

( B ) TO ALLOW THE RIGHTS AND OBLIGATIONS OF THE COMMUNITY OR OF ALL ITS MEMBER STATES TO BE EXERCISED AND FULFILLED AT INTERNATIONAL LEVEL , IN PARTICULAR THOSE RELATING TO TRADE IN PRIMARY PRODUCTS .

2 . ARTICLE 15 ( 2 ) AND ( 3 ) SHALL APPLY .

ARTICLE 17

1 . IN THE FOLLOWING CASES A MEMBER STATE MAY , AS AN INTERIM PROTECTIVE MEASURE , ALTER THE IMPORT RULES FOR A PARTICULAR PRODUCT BY PROVIDING THAT IT MAY BE PUT INTO FREE CIRCULATION ONLY ON PRODUCTION OF AN IMPORT AUTHORIZATION , THE GRANTING OF WHICH SHALL BE GOVERNED BY SUCH PROVISIONS AND SUBJECT TO SUCH LIMITS AS THAT MEMBER STATE SHALL LAY DOWN :

( A ) WHERE THERE EXISTS IN ITS TERRITORY A SITUATION SUCH AS THAT DEFINED AS REGARDS THE COMMUNITY IN ARTICLE 15 ( 1 ) ;

( B ) WHERE SUCH MEASURE IS JUSTIFIED BY A PROTECTIVE CLAUSE CONTAINED IN A BILATERAL AGREEMENT BETWEEN THE MEMBER STATE AND A THIRD COUNTRY .

2 . ( A ) THE MEMBER STATE SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES BY TELEX OF THE REASONS FOR AND THE DETAILS OF THE PROPOSED MEASURES . THE COMMISSION AND THE OTHER MEMBER STATES SHALL TREAT THIS INFORMATION IN STRICTEST CONFIDENCE . THE COMMISSION SHALL FORTHWITH CONVENE THE COMMITTEE . THE MEMBER STATE MAY TAKE THESE MEASURES AFTER HAVING HEARD THE OPINIONS EXPRESSED BY THE COMMITTEE .

( B ) WHERE A MEMBER STATE CLAIMS THAT THE MATTER IS ESPECIALLY URGENT , CONSULTATIONS SHALL TAKE PLACE WITHIN A PERIOD OF FIVE WORKING DAYS FOLLOWING INFORMATION TRANSMITTED TO THE COMMISSION : AT THE END OF THIS PERIOD , THE MEMBER STATE MAY TAKE THESE MEASURES . DURING THIS PERIOD THE MEMBER STATE MAY MAKE IMPORTS OF THE PRODUCT IN QUESTION SUBJECT TO PRODUCTION OF AN IMPORT AUTHORIZATION TO BE GRANTED UNDER THE PROCEDURE AND WITHIN THE LIMITS TO BE LAID DOWN AT THE END OF THE SAID PERIOD .

3 . THE COMMISSION SHALL BE NOTIFIED BY TELEX OF THE MEASURES IMMEDIATELY FOLLOWING THEIR ADOPTION .

4 . THE NOTIFICATION SHALL BE EQUIVALENT TO A REQUEST WITHIN THE MEANING OF ARTICLE 15 ( 4 ) . THE MEASURES SHALL OPERATE ONLY UNTIL THE COMING INTO OPERATION OF THE DECISION TAKEN BY THE COMMISSION . HOWEVER , WHERE THE COMMISSION DECIDES NOT TO INTRODUCE ANY MEASURE OR ADOPTS MEASURES PURSUANT TO ARTICLE 15 , DIFFERENT FROM THOSE TAKEN BY THE MEMBER STATE , ITS DECISION SHALL APPLY AS FROM THE SIXTH DAY FOLLOWING ITS ENTRY INTO FORCE , UNLESS THE MEMBER STATE WHICH HAS TAKEN THE MEASURES REFERS THE DECISION TO THE COUNCIL ; IN THAT CASE , THE NATIONAL MEASURES SHALL CONTINUE TO OPERATE UNTIL THE ENTRY INTO FORCE OF THE DECISION TAKEN BY THE COUNCIL AND FOR THE MAXIMUM OF ONE MONTH FOLLOWING REFERRAL OF THE MATTER TO THE LATTER . THE COUNCIL SHALL TAKE A DECISION BEFORE THE EXPIRY OF THAT PERIOD . THE COUNCIL MAY UNDER THE SAME CONDITIONS DECIDE IN CERTAIN CASES TO EXTEND THIS PERIOD , WHICH MAY , IN NO FASHION , EXCEED A TOTAL OF THREE MONTHS .

THE PRECEDING SUBPARAGRAPH DOES NOT AFFECT THE MEMBER STATES RIGHT OF RECOURSE UNDER ARTICLE 15 ( 5 ) AND ( 6 ) .

5 . THIS ARTICLE SHALL APPLY UNTIL 31 DECEMBER 1984 . BEFORE 31 DECEMBER 1983 , THE COMMISSION SHALL PROPOSE TO THE COUNCIL AMENDMENTS TO BE MADE TO IT . THE COUNCIL SHALL ACT , BEFORE 31 DECEMBER 1984 BY A QUALIFIED MAJORITY , UPON THE COMMISSION PROPOSAL . HOWEVER , THE PROVISIONS RELATING TO PROTECTIVE MEASURES :

- JUSTIFIED BY A SAFEGUARD CLAUSE CONTAINED IN A BILATERAL AGREEMENT SHALL NOT BE EFFECTED BY THAT TIME LIMIT ,

- CONCERNING IMPORTS OF PRODUCTS WHICH HAVE BEEN LIBERALIZED IN CERTAIN MEMBER STATES BUT SUBJECT TO QUOTA IN OTHERS SHALL APPLY UNTIL 31 DECEMBER 1987 .

ARTICLE 18

1 . WHILE ANY MEASURE OF SURVEILLANCE OR PROTECTIVE MEASURE APPLIED IN ACCORDANCE WITH TITLES IV AND V IS IN OPERATION , CONSULTATIONS WITHIN THE COMMITTEE SHALL BE HELD , EITHER AT THE REQUEST OF A MEMBER STATE OR ON THE INITIATIVE OF THE COMMISSION . THE PURPOSE OF SUCH CONSULTATIONS SHALL BE :

( A ) TO EXAMINE THE EFFECTS OF THE MEASURE ;

( B ) TO ASCERTAIN WHETHER ITS APPLICATION IS STILL NECESSARY .

2 . WHERE , AS A RESULT OF THE CONSULTATIONS REFERRED TO IN PARAGRAPH 1 , THE COMMISSION CONSIDERS THAT ANY MEASURE REFERRED TO IN ARTICLE 10 , 12 , 15 OR 16 SHOULD BE REVOKED OR AMENDED IT SHALL PROCEED AS FOLLOWS :

( A ) WHERE THE COUNCIL HAS ACTED ON A MEASURE , THE COMMISSION SHALL PROPOSE THAT IT BE REVOKED OR AMENDED ; THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY ;

( B ) IN ALL OTHER CASES , THE COMMISSION SHALL AMEND OR REVOKE COMMUNITY PROTECTIVE MEASURES AND MEASURES OF SURVEILLANCE . WHERE THIS DECISION CONCERNS NATIONAL MEASURES OF SURVEILLANCE , IT SHALL APPLY AS FROM THE SIXTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , UNLESS THE MEMBER STATE WHICH HAS TAKEN THE MEASURE REFERS IT TO THE COUNCIL ; IN THAT CASE THE NATIONAL MEASURE SHALL CONTINUE TO OPERATE UNTIL THE ENTRY INTO FORCE OF THE DECISION TAKEN BY THE COUNCIL , BUT IN NO EVENT AFTER THE EXPIRY OF A PERIOD OF THREE MONTHS FOLLOWING REFERRAL OF THE MATTER TO THE LATTER . THE COUNCIL SHALL ACT BEFORE THE EXPIRY OF THAT PERIOD .

TITLE VI

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 19

1 . BY 31 DECEMBER 1984 AT THE LATEST , THE COUNCIL SHALL DECIDE ON THE ADJUSTMENTS TO BE MADE TO THIS REGULATION FOR THE PURPOSE OF GREATER UNIFORMITY OF RULES FOR IMPORTS . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION AND WITH DUE REGARD TO THE PROGRESS OF THE COMMON COMMERCIAL POLICY .

2 . PENDING THESE ADJUSTMENTS :

( A ) IN SO FAR AS STANDARDIZATION BETWEEN THE AREAS OF LIBERALIZATION HAS NOT BEEN WHOLLY REALIZED , MEMBER STATES MAY SUBJECT IMPORTS OF PRODUCTS NOT INCLUDED IN THE ANNEX TO REGULATION ( EEC ) NO 925/79 TO THE REQUIREMENT THAT NOT ONLY THE COUNTRY OF ORIGIN BUT ALSO THE COUNTRY OF PURCHASE OR THE COUNTRY OF EXPORT SHALL BE AMONG THE COUNTRIES COVERED BY THIS REGULATION ; FOR THE FEDERAL REPUBLIC OF GERMANY , THIS SHALL APPLY ALSO TO THOSE PRODUCTS INCLUDED IN THE ANNEX TO THE ABOVEMENTIONED REGULATION WHOSE IMPORTATION IS NOT YET EXEMPTED IN RESPECT OF ALL THIRD COUNTRIES , UNDER GERMAN IMPORT ARRANGEMENTS , FROM THE REQUIREMENT OF AN IMPORT AUTHORIZATION ;

( B ) THE ITALIAN REPUBLIC MAY SUBJECT IMPORTS OF PRODUCTS ORIGINATING IN EGYPT , YUGOSLAVIA AND JAPAN TO THE REQUIREMENT THAT THE COUNTRY OF ORIGIN SHALL BE THE SAME AS THE COUNTRY OF EXPORT ;

( C ) IMPORT DOCUMENTS REQUIRED FOR COMMUNITY SURVEILLANCE UNDER ARTICLE 11 SHALL BE VALID ONLY IN THE MEMBER STATE WHICH ISSUED OR ENDORSED THEM ;

( D ) THE BENELUX COUNTRIES AND THE ITALIAN REPUBLIC MAY RETAIN THE AUTOMATIC-LICENCE OR IMPORT-DECLARATION FORMALITIES CURRENTLY APPLIED BY THEM TO IMPORTS ORIGINATING IN JAPAN AND HONG KONG ;

( E ) THE MEMBER STATES LISTED IN ANNEX II OPPOSITE THE PRODUCTS MARKED WITH AN ASTERISK MAY RETAIN NATIONAL SURVEILLANCE OVER IMPORTS OF SUCH PRODUCTS , INCLUDING IMPORTS UNDER AUTOMATIC LICENCES ; ARTICLE 12 , ARTICLE 13 , LAST SENTENCE , ARTICLE 14 AND ARTICLE 18 SHALL NOT BE APPLICABLE .

( F ) THIS REGULATION SHALL NOT PRECLUDE THE CONTINUANCE OF MEASURES TAKEN BY THE ITALIAN REPUBLIC - PURSUANT TO THE MINISTERIAL DECREE OF 6 MAY 1976 , INCLUDING THE LIST ANNEXED THERETO AND THE SUBSEQUENT AMENDMENTS TO IT - MAKING SUBJECT TO SPECIAL AUTHORIZATION THE IMPORTATION OF ARTICLES , MACHINERY AND EQUIPMENT , WHETHER USED OR NEW BUT IN POORLY MAINTAINED CONDITION , FALLING WITHIN HEADING NO 73.24 , CHAPTERS 84 TO 87 AND 93 OR SUBHEADING 97.04 B OF THE COMMON CUSTOMS TARIFF .

3 . MEMBER STATES SHALL FORWARD TO THE COMMISSION DETAILS OF ANY MEASURES TAKEN IN CONFORMITY WITH THE AGREEMENT ON IMPORT LICENSING PROCEDURES CONCLUDED BY THE COMMUNITY BY DECISION 80/271/EEC ( 4 ) . IN PARTICULAR THEY SHALL MAKE AVAILABLE TO THE COMMISSION THE RULES AND ALL INFORMATION CONCERNING THE PROCEDURES FOR THE SUBMISSION OF REQUESTS FOR LICENCES , INCLUDING THE CONDITIONS RELATING TO ADMISSIBILITY OF PERSONS , ENTERPRISES OR INSTITUTIONS WHO SUBMIT SUCH REQUESTS . ALL CHANGES OF THESE RULES SHALL ALSO BE SENT TO THE COMMISSION .

ARTICLE 20

1 . WHERE A MEMBER STATE WHICH APPLIES AN IMPORT RESTRICTION REFERRED TO IN THE LAST INDENT OF ARTICLE 1 ( 2 ) INTENDS TO CHANGE IT , IT SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES THEREOF .

2 . ( A ) AT THE REQUEST OF THE COMMISSION OR A MEMBER STATE , THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE THE SUBJECT OF PRIOR CONSULTATION WITHIN THE COMMITTEE .

( B ) IF THE COMMISSION DOES NOT REQUEST ON ITS OWN INITIATIVE CONSULTATIONS WITHIN FIVE WORKING DAYS AFTER RECEIVING THE INFORMATION REFERRED TO IN PARAGRAPH 1 , NOR AT THE REQUEST OF A MEMBER STATE MADE SUFFICIENTLY EARLY BEFORE THE END OF THE SAID PERIOD THE MEMBER STATE CONCERNED , MAY THEN PUT THE PROPOSED MEASURE INTO EFFECT .

( C ) IN OTHER CASES , THE CONSULTATION PROCEDURE SHALL COMMENCE WITHIN FIVE WORKING DAYS AFTER THE EXPIRY OF THE PERIOD PROVIDED FOR IN ( B ) .

3 . ( A ) IF AFTER CONSULTATION NO OBJECTION HAS BEEN RAISED BY THE OTHER MEMBER STATES OR BY THE COMMISSION , THE COMMISSION SHALL FORTHWITH INFORM THE MEMBER STATE CONCERNED , WHICH MAY PUT THE MEASURE INTO EFFECT IMMEDIATELY .

( B ) IN OTHER CASES , THE MEMBER STATE CONCERNED MAY NOT PUT THE PROPOSED MEASURE INTO EFFECT UNTIL THREE WEEKS AFTER THE OPENING OF THE CONSULTATION .

( C ) IF , WITHIN THIS PERIOD , THE COMMISSION SUBMITS TO THE COUNCIL , UNDER ARTICLE 113 OF THE TREATY , A PROPOSAL MEETING THE OBJECTIONS RAISED , THE PROPOSED MEASURE MAY NOT BE PUT INTO EFFECT UNTIL THE COUNCIL HAS ACTED .

4 . IN CASES OF EXTREME URGENCY , THE FOLLOWING PROVISIONS SHALL APPLY :

( A ) A QUOTA MAY BE REDUCED OR ANY POSSIBILITY OF IMPORTATION MAY BE TAKEN AWAY WITHOUT PRIOR CONSULTATION BUT AFTER THE TRANSMISSION OF INFORMATION REFERRED TO IN PARAGRAPH 1 ;

( B ) WHEN A QUOTA HAS BEEN EXHAUSTED AND THE ECONOMIC REQUIREMENTS OF A MEMBER STATE CALL FOR ADDITIONAL IMPORTS FROM THE NON-MEMBER COUNTRY OR COUNTRIES BENEFITING FROM THE QUOTA THE MEMBER STATE CONCERNED MAY , WITHOUT PRIOR NOTIFICATION , OPEN ADDITIONAL IMPORT FACILITIES UP TO A MAXIMUM OF 20 % OF THE QUANTITY OR VALUE OF THE EXHAUSTED QUOTA ; IT SHALL FORTHWITH INFORM THE COMMISSION AND THE OTHER MEMBER STATES THEREOF . THE EMERGENCY PROCEDURE LAID DOWN IN THIS PARAGRAPH SHALL NOT APPLY ONCE THE OPENING OF NEGOTIATIONS WITH THE NON-MEMBER COUNTRY CONCERNED HAS BEEN AUTHORIZED ;

( C ) AT THE REQUEST OF ANY MEMBER STATE OR OF THE COMMISSION , SUBSEQUENT CONSULTATION UNDER THE TERMS OF PARAGRAPH 3 SHALL BE HELD ON MEASURES TAKEN BY A MEMBER STATE UNDER THIS PARAGRAPH .

5 . WHERE A MEMBER STATE INTENDS TO MAKE A UNILATERAL CHANGE TO ITS IMPORT ARRANGEMENTS FOR A PETROLEUM PRODUCT WHICH IS ENTERED IN ANNEX I AND REFERRED TO IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 802/68 OF 27 JUNE 1968 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS ( 5 ) , IT SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES THEREOF . THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 , 3 AND 4 SHALL BE APPLICABLE IN THIS CASE ; THE OTHER PROVISIONS OF THIS REGULATION SHALL NOT APPLY .

6 . THE BENELUX COUNTRIES MAY , WHERE THEY ARE MENTIONED IN ANNEX II OPPOSITE A PRODUCT LISTED IN THAT ANNEX AND MARKED WITH AN ASTERISK , RETAIN THE AUTOMATIC LICENCE FORMALITY AS CURRENTLY APPLIED BY THEM ; SUCH LICENCES SHALL BE ISSUED , FREE OF CHARGE , FOR ANY QUANTITY REQUESTED AND SIMPLY ON SUBMISSION OF AN APPLICATION BY THE COMMUNITY IMPORTER , REGARDLESS OF HIS PLACE OF BUSINESS IN THE COMMUNITY ; ARTICLE 13 SHALL NOT APPLY TO THESE PRODUCTS .

ARTICLE 21

WITHOUT PREJUDICE TO OTHER COMMUNITY PROVISIONS , THIS REGULATION SHALL NOT PRECLUDE THE ADOPTION OR APPLICATION BY MEMBER STATES :

( A ) OF PROHIBITIONS , QUANTITATIVE RESTRICTIONS OR MEASURES OF SURVEILLANCE ON GROUNDS OF PUBLIC MORALITY , PUBLIC POLICY OR PUBLIC SECURITY ; THE PROTECTION OF HEALTH AND LIFE OF HUMANS , ANIMALS OR PLANTS , THE PROTECTION OF NATIONAL TREASURES POSSESSING ARTISTIC , HISTORIC OR ARCHAEOLOGICAL VALUE , OR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY ;

( B ) OF SPECIAL FORMALITIES CONCERNING FOREIGN EXCHANGE ;

( C ) OF FORMALITIES INTRODUCED PURSUANT TO INTERNATIONAL AGREEMENTS IN ACCORDANCE WITH THE TREATY .

ARTICLE 22

1 . THIS REGULATION SHALL BE WITHOUT PREJUDICE TO THE OPERATION OF THE INSTRUMENTS ESTABLISHING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS OR OF COMMUNITY OR NATIONAL ADMINISTRATIVE PROVISIONS DERIVED THEREFROM OR OF THE SPECIFIC INSTRUMENTS ADOPTED UNDER ARTICLE 235 OF THE TREATY APPLICABLE TO GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ; IT SHALL OPERATE BY WAY OF COMPLEMENT TO THOSE INSTRUMENTS .

2 . HOWEVER , IN THE CASE OF PRODUCTS COVERED BY THE INSTRUMENTS REFERRED TO IN PARAGRAPH 1 , ARTICLES 10 TO 14 AND 18 SHALL NOT APPLY TO THOSE IN RESPECT OF WHICH THE COMMUNITY RULES ON TRADE WITH THIRD COUNTRIES REQUIRE THE PRODUCTION OF A LICENCE OR OTHER IMPORT DOCUMENT .

ARTICLES 15 , 17 AND 18 SHALL NOT APPLY TO THOSE PRODUCTS IN RESPECT OF WHICH SUCH RULES MAKE PROVISION FOR THE APPLICATION OF QUANTITATIVE IMPORT RESTRICTIONS .

ARTICLE 23

THE COMMISSION SHALL PUBLISH AT REGULAR INTERVALS AN UPDATED TEXT OF ANNEXES I AND II WHICH WILL TAKE ACCOUNT OF ACTS ADOPTED IN ACCORDANCE WITH THIS REGULATION BOTH BY THE COMMUNITY AND BY MEMBER STATES . THE COMMISSION SHALL BE INFORMED OF THE INTRODUCTION , AMENDMENT OR REPEAL OF ALL NATIONAL MEASURES .

ARTICLE 24

REGULATION ( EEC ) NO 926/79 IS HEREBY REPEALED .

REFERENCES TO THE REPEALED REGULATION SHALL BE UNDERSTOOD AS REFERRING TO THIS REGULATION .

ARTICLE 25

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 FEBRUARY 1982 .

FOR THE COUNCIL

THE PRESIDENT

L . TINDEMANS

( 1 ) OJ NO L 131 , 29 . 5 . 1979 , P . 15 .

( 2 ) OJ NO L 131 , 29 . 5 . 1979 , P . 1 .

( 3 ) OJ NO L 306 , 31 . 10 . 1978 , P . 1 .

( 4 ) OJ NO L 71 , 17 . 3 . 1980 , P . 1 .

( 5 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .

ANNEX I

LIST OF PRODUCTS SUBJECT TO NATIONAL QUANTITATIVE RESTRICTION ON THEIR ENTRY INTO FREE CIRCULATION

EXPLANATION OF SIGNS , LETTERS OR FIGURES

PRACTICAL SCOPE OF THE RESTRICTION :

+ = COMPLETELY RESTRICTED ;

- = PARTIALLY RESTRICTED .

GEOGRAPHICAL SCOPE :

WHERE THERE ARE NO SPECIAL INDICATIONS THE RESTRICTION APPLIES TO ALL THE COUNTRIES COVERED BY THE REGULATION .

WHERE THE RESTRICTION APPLIES TO A GEOGRAPHICAL ZONE OR TO ONE OR MORE COUNTRIES , A MARGINAL NOTE DESCRIBES THE COUNTRY OR COUNTRIES OR THE ZONE OR ZONES TO WHICH THE RESTRICTION APPLIES . THESE GEOGRAPHICAL ZONES ARE DESCRIBED AT THE END OF THE ANNEX ON THE BASIS OF THE EXISTING PROVISIONS IN THE MEMBER STATES .

IN ANY EVENT , THE APPLICATION OF THESE RESTRICTIONS IS SUBJECT TO :

- ANY SPECIAL RULES LAID DOWN IN THE AGREEMENTS CONCLUDED BETWEEN THE COMMUNITY AND CERTAIN THIRD COUNTRIES ,

- THE SPECIFIC COMMON RULES REFERRED TO IN ARTICLE 1 ( 1 ) , FIRST INDENT OF THIS REGULATION .

THIS LIST COVERS ONLY NATIONAL RESTRICTIONS . AT PRESENT THERE ARE NO COMMUNITY RESTRICTIONS WHICH COME WITHIN THE SCOPE OF THIS REGULATION ; ANY SUCH MEASURES WHICH MAY BE TAKEN PURSUANT TO TITLE V WILL BE LISTED IN AN AD HOC PUBLICATION .

LIST OF PRODUCTS : SEE O.J .

FRANCE

GEOGRAPHICAL ZONES TO WHICH , IN GENERAL , THE QUANTITATIVE RESTRICTIONS APPLY

ZONE I

024 ICELAND

025 FAROE ISLANDS

028 NORWAY

030 SWEDEN

032 FINLAND

036 SWITZERLAND

038 AUSTRIA

040 PORTUGAL

042 SPAIN

043 ANDORRA

044 GIBRALTAR

045 VATICAN CITY STATE

046 MALTA

048 YUGOSLAVIA

052 TURKEY

202 CANARY ISLANDS

204 MOROCCO

205 CEUTA AND MELILLA

208 ALGERIA

212 TUNISIA

220 EGYPT

224 SUDAN

228 MAURITANIA

232 MALI

236 UPPER VOLTA

240 NIGER

244 CHAD

247 REPUBLIC OF CAPE VERDE

248 SENEGAL

252 GAMBIA

257 GUINEA BISSAU

260 GUINEA

264 SIERRA LEONE

268 LIBERIA

272 IVORY COAST

276 GHANA

280 TOGO

284 BENIN

288 NIGERIA

302 CAMEROON

306 CENTRAL AFRICAN REPUBLIC

310 EQUATORIAL GUINEA

311 SAO TOME AND PRINCIPE

314 GABON

318 CONGO

322 ZAIRE

324 RWANDA

328 BURUNDI

329 SAINTE HELEN AND DEPENDENCIES

330 ANGOLA

334 ETHIOPIA

338 JIBUTI

342 SOMALIA

346 KENYA

350 UGANDA

352 TANZANIA

355 SEYCHELLES AND DEPENDENCIES

357 BRITISH INDIAN OCEAN TERRITORY

366 MOZAMBIQUE

370 MADAGASCAR

373 MAURITIUS

375 COMOROS

378 ZAMBIA

382 ZIMBABWE ( FORMERLY RHODESIA )

386 MALAWI

391 BOTSWANA

393 SWAZILAND

395 LESOTHO

400 UNITED STATES OF AMERICA

404 CANADA

406 GREENLAND

413 BERMUDA

421 BELIZE

451 WEST INDIES

453 BAHAMAS

454 TURKS AND CAICOS ISLANDS

457 VIRGIN ISLANDS OF THE UNITED STATES

460 DOMINICA

463 CAYMAN ISLANDS

464 JAMAICA

465 ST LUCIA

467 ST VINCENT

469 BARBADOS

472 TRINIDAD AND TOBAGO

473 GRENADA

476 NETHERLANDS ANTILLES

488 GUYANA

492 SURINAM

529 FALKLAND ISLANDS AND DEPENDENCIES

600 CYPRUS

604 LEBANON

608 SYRIA

624 ISRAEL

628 JORDAN

636 KUWAIT

640 BAHRAIN

644 QATAR

647 UNITED ARAB EMIRATES

649 OMAN

656 SOUTH YEMEN

684 LAOS

696 KAMPUCHEA ( CAMBODIA )

701 MALAYSIA

703 BRUNEI

706 SINGAPORE

740 HONG KONG

743 MACAO

801 PAPUA NEW GUINEA

803 NAURU

806 SOLOMON ISLANDS

807 TUVALU

808 AMERICAN OCEANIA

812 KIRIBATI

813 PITCAIRN ISLANDS

815 FIJI

816 VANUATU ( FORMERLY NEW HEBRIDES )

ZONE I ( CONT'D )

817 TONGA

819 WESTERN SAMOA

ZONE II

216 LIBYA

390 REPUBLIC OF SOUTH AFRICA AND NAMIBIA

412 MEXICO

416 GUATEMALA

424 HONDURAS

428 EL SALVADOR

432 NICARAGUA

436 COSTA RICA

442 PANAMA

452 HAITI

456 DOMINICAN REPUBLIC

480 COLOMBIA

484 VENEZUELA

500 ECUADOR

504 PERU

508 BRAZIL

512 CHILE

516 BOLIVIA

520 PARAGUAY

524 URUGUAY

528 ARGENTINA

612 IRAQ

616 IRAN

632 SAUDI ARABIA

652 NORTH YEMEN

660 AFGHANISTAN

662 PAKISTAN

664 INDIA

666 BANGLADESH

667 MALDIVES

669 SRI LANKA

672 NEPAL

675 BHUTAN

676 BURMA

680 THAILAND

700 INDONESIA

708 PHILIPPINES

728 SOUTH KOREA

732 JAPAN

736 TAIWAN

800 AUSTRALIA

802 AUSTRALIAN OCEANIA

804 NEW ZEALAND

814 NEW ZEALAND OCEANIA

ITALY

GEOGRAPHICAL ZONES TO WHICH , BARRING EXCEPTIONS , THE QUANTITATIVE RESTRICTIONS APPLY

ZONE A2

( A ) OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EEC ( OCT ) :

476 NETHERLANDS ANTILLES ( ARUBA , BONAIRE , CURACAO , SABA , ST EUSTATIUS AND SOUTHERN PART OF ST MARTIN )

377 MAYOTTE

809 NEW CALEDONIA AND DEPENDENCIES

822 FRENCH POLYNESIA

890 FRENCH SOUTHERN AND ANTARCTIC TERRITORIES

811 WALLIS AND FATUNA ISLANDS

421 BELIZE

703 BRUNEI

463 CAYMAN ISLANDS

529 FALKLAND ISLANDS AND DEPENDENCIES

451 MONTSERRAT

813 PITCAIRN

329 ST HELENA AND DEPENDENCIES

451 WEST INDIES ASSOCIATED STATES ( ANGUILLA , ANTIGUA , NEVIS AND ST CHRISTOPHER )

890 BRITISH ANTARCTIC TERRITORY

357 BRITISH INDIAN OCEAN TERRITORY

454 TURKS AND CAICOS ISLANDS

451 BRITISH VIRGIN ISLANDS

( B ) ACP STATES :

236 UPPER VOLTA

453 BAHAMAS

469 BARBADOS

284 BENIN

391 BOTSWANA

328 BURUNDI

302 CAMEROON

247 REPUBLIC OF CAPE VERDE

306 CENTRAL AFRICAN REPUBLIC

244 CHAD

375 COMOROS

318 CONGO

272 IVORY COAST

460 DOMINICA

334 ETHIOPIA

815 FIJI

314 GABON

252 GAMBIA

276 GHANA

464 JAMAICA

338 DJIBOUTI

473 GRENADA ( INCLUDING THE SOUTHERN GRENADINES )

260 GUINEA

257 GUINEA BISSAU

310 EQUATORIAL GUINEA

488 GUYANA

346 KENYA

812 KIRIBATI ( FORMERLY GILBERT ISLANDS )

395 LESOTHO

268 LIBERIA

370 MADAGASCAR

386 MALAWI

232 MALI

228 MAURITANIA

373 MAURITIUS

240 NIGER

288 NIGERIA

801 PAPUA NEW GUINEA

324 RWANDA

ZONE A2 ( CONT'D )

806 SOLOMON ISLANDS

465 ST LUCIA

467 ST VINCENT ( INCLUDING THE NORTHERN GRENADINES )

819 WESTERN SAMOA

311 SAO TOME AND PRINCIPE

355 SEYCHELLES

248 SENEGAL

264 SIERRA LEONE

342 SOMALIA

224 SUDAN

492 SURINAM

393 SWAZILAND

352 TANZANIA

280 TOGO

817 TONGA

472 TRINIDAD AND TOBAGO

807 TUVALU ( FORMERLY ELLICE ISLANDS )

350 UGANDA

816 VANUATU ( FORMERLY NEW HEBRIDES )

322 ZAIRE

378 ZAMBIA

382 ZIMBABWE ( FORMERLY RHODESIA )

038 AUSTRIA

032 FINLAND

024 ICELAND

028 NORWAY

040 PORTUGAL

030 SWEDEN

036 SWITZERLAND

208 ALGERIA

600 CYPRUS

220 EGYPT

628 JORDAN

025 FAROE ISLANDS

624 ISRAEL

048 YUGOSLAVIA

604 LEBANON

046 MALTA

204 MOROCCO

608 SYRIA

042 SPAIN

212 TUNISIA

052 TURKEY

ZONE A3

660 AFGHANISTAN

647 UNITED ARAB EMIRATES ( ABU DHABI , DUBAI , SHARJAH , AJMAN , UMM AL-QAIWAN , RAS AL KHAIMAH AND FUJAIRAH )

043 ANDORRA

330 ANGOLA AND CABINDA

632 SAUDI ARABIA

528 ARGENTINA

800 AUSTRALIA ( AND TERRITORIES UNDER AUSTRALIAN ADMINISTRATION )

040 AZORES

640 BAHRAIN

666 BANGLADESH

413 BERMUDA

675 BHUTAN

676 BURMA

516 BOLIVIA

508 BRAZIL

036 BUSINGEN ( GERMAN TERRITORY OF )

696 CAMBODIA ( ORA KMER )

404 CANADA

202 CANARY ISLANDS

205 CEUTA

512 CHILE

480 COLOMBIA

728 SOUTH KOREA

436 COSTA RICA

448 CUBA

456 DOMINICAN REPUBLIC

500 ECUADOR

428 EL SALVADOR

708 PHILIPPINES

044 GIBRALTAR

406 GREENLAND

416 GUATEMALA

452 HAITI

424 HONDURAS

740 HONG KONG

664 INDIA

700 INDONESIA

612 IRAQ

616 IRAN

696 KAMPUCHEA ( CAMBODIA )

636 KUWEIT

684 LAOS

216 LIBYA

743 MACAO

701 MALAYSIA

667 MALDIVES

205 CEUTA AND MELILLA

412 MEXICO

366 MOZAMBIQUE

803 NAURU

672 NEPAL

432 NICARAGUA

804 NEW ZEALAND ( AND TERRITORIES UNDER NEW ZEALAND ADMINISTRATION )

649 OMAN

662 PAKISTAN

442 PANAMA

520 PARAGUAY

504 PERU

644 QATAR

706 SINGAPORE

669 SRI LANKA

400 UNITED STATES OF AMERICA ( AND TERRITORIES UNDER UNITED STATES ADMINISTRATION )

390 SOUTH AFRICA

736 TAIWAN

680 THAILAND

524 URUGUAY

484 VENEZUELA

652 NORTH YEMEN

656 SOUTH YEMEN ( PEOPLE'S REPUBLIC )

ZONE C

732 JAPAN

UNITED KINGDOM

GEOGRAPHICAL ZONES TO WHICH , BARRING EXCEPTIONS , THE QUANTITATIVE RESTRICTIONS APPLY

I . DOLLAR ZONE

516 BOLIVIA

404 CANADA

480 COLOMBIA

436 COSTA RICA

448 CUBA

456 DOMINICAN REPUBLIC

500 ECUADOR

428 EL SALVADOR

416 GUATEMALA

452 HAITI

424 HONDURAS

268 LIBERIA

412 MEXICO

432 NICARAGUA

442 PANAMA

708 PHILIPPINES

400 USA

484 VENEZUELA

II . RESIDUAL TEXTILE ZONE = ALL COUNTRIES AND TERRITORIES OTHER THAN :

208 ALGERIA

528 ARGENTINA

666 BANGLADESH

516 BOLIVIA

508 BRAZIL

480 COLOMBIA

428 EL SALVADOR

416 GUATEMALA

452 HAITI

740 HONG KONG

664 INDIA

700 INDONESIA

616 IRAN

628 JORDAN

728 SOUTH KOREA

743 MACAO

701 MALAYSIA

412 MEXICO

432 NICARAGUA

662 PAKISTAN

520 PARAGUAY

504 PERU

708 PHILIPPINES

706 SINGAPORE

669 SRI LANKA

608 SYRIA

736 TAIWAN

680 THAILAND

524 URUGUAY

382 ZIMBABWE

AND THOSE MAKING UP THE ACP ZONE , THE COMMUNITY/EFTA ZONE , THE FAR EAST ZONE AND WESTERN ZONE , THE MEDITERRANEAN ZONE AND THE OCT ZONE .

1 . ACP ZONE

453 BAHAMAS

469 BARBADOS

284 BENIN

391 BOTSWANA

328 BURUNDI

302 CAMEROON

247 REPUBLIC OF CAPE VERDE

306 CENTRAL AFRICAN REPUBLIC

244 CHAD

375 COMOROS

318 CONGO

338 DJIBOUTI

460 DOMINICA

310 EQUITORIAL GUINEA

334 ETHIOPIA

815 FIJI

314 GABON

252 GAMBIA

276 GHANA

473 GRENADA

260 GUINEA

257 GUINEA BISSAU

488 GUYANA

272 IVORY COAST

346 KENYA

812 KIRIBATI

395 LESOTHO

268 LIBERIA

370 MADAGASCAR

386 MALAWI

232 MALI

228 MAURITANIA

373 MAURITIUS

240 NIGER

288 NIGERIA

801 PAPUA NEW GUINEA

324 RWANDA

465 ST LUCIA

467 ST VINCENT

311 SAO TOME AND PRINCIPE

248 SENEGAL

355 SEYCHELLES

264 SIERRA LEONE

806 SOLOMON ISLANDS

342 SOMALIA

224 SUDAN

492 SURINAM

393 SWAZILAND

352 TANZANIA

280 TOGO

817 TONGA

472 TRINIDAD AND TOBAGO

807 TUVALU

350 UGANDA

236 UPPER VOLTA

819 WESTERN SAMOA

322 ZAIRE

378 ZAMBIA

2 . COMMUNITY - EFTA ZONE

038 AUSTRIA

002 BELGIUM

008 DENMARK

032 FINLAND

001 FRANCE

004 FEDERAL REPUBLIC OF GERMANY ( AND WEST BERLIN )

009 GREECE

024 ICELAND

007 IRELAND

005 ITALY

002 LUXEMBOURG

003 NETHERLANDS

028 NORWAY

040 PORTUGAL

030 SWEDEN

036 SWITZERLAND

006 UNITED KINGDOM

3 . FAR EAST AND WEST ZONE

800 AUSTRALIA

404 CANADA

732 JAPAN

804 NEW ZEALAND

400 UNITED STATES OF AMERICA

4 . MEDITERRANEAN ZONE

600 CYPRUS

220 EGYPT

624 ISRAEL

604 LEBANON

046 MALTA

204 MOROCCO

042 SPAIN

212 TUNISIA

052 TURKEY

048 YUGOSLAVIA

5 . OCT ZONE

421 BELIZE

890 BRITISH ANTARCTIC TERRITORY

357 BRITISH INDIAN OCEAN TERRITORY ( CHAGOS ARCHIPELAGO )

451 WEST INDIES ( ANTIGUA , ST CHRISTOPHER ( ST KITTS ) , NEVIS-ANGUILLA , BRITISH VIRGIN ISLANDS , MONTSERRAT )

703 BRUNEI

463 CAYMAN ISLANDS

529 FALKLAND ISLANDS AND DEPENDENCIES

822 FRENCH POLYNESIA

890 POLAR REGIONS

377 MAYOTTE

476 NETHERLANDS ANTILLES ( ARUBA , BONAIRE , CURACAO , SABA , ST EUSTATIUS , ST MARTIN ( SOUTH ) )

809 NEW CALEDONIA AND DEPENDENCIES

813 PITCAIRN

329 ST HELENA AND DEPENDENCIES

408 ST PIERRE AND MIQUELON

454 TURKS AND CAICOS ISLANDS

816 VANUATU ( NEW HEBRIDES )

811 WALLIS AND FUTUNA ISLANDS

ANNEX II

LIST OF PRODUCTS SUBJECT TO SURVEILLANCE

KEY TO SYMBOLS :

+ = TOTALLY UNDER SURVEILLANCE

- = PARTIALLY UNDER SURVEILLANCE

SEE O.J .

Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports

Modified by

Commission Regulation (EEC) No 371/91 of 14 February 1991 introducing prior Community surveillance of imports into the Community of diammonium hydrogenorthophosphate falling within CN code 3105 30 00 originating in non- Member Countries