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COUNCIL REGULATION ( EEC ) NO 3588/82 OF 23 DECEMBER 1982 ON RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN YUGOSLAVIA

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 PROPOSAL FROM THE COMMISSION ,

WHEREAS THE COMMUNITY HAS NEGOTIATED WITH YUGOSLAVIA AN ADDITIONAL PROTOCOL TO THE COOPERATION AGREEMENT , CONCERNING TRADE IN TEXTILE PRODUCTS ;

WHEREAS THE PROTOCOL , WITHIN A PROSPECT OF PERMANENT COOPERATION AND IN CONDITIONS ASSURING COMPLETE SECURITY OF EXCHANGES , SEEKS TO PROMOTE THE RECIPROCAL EXPANSION AND THE ORDERLY , EQUITABLE DEVELOPMENT OF TRADE IN TEXTILE PRODUCTS BETWEEN THE COMMUNITY AND YUGOSLAVIA , TAKING INTO THE FULLEST CONSIDERATION THE GRAVE ECONOMIC AND SOCIAL PROBLEMS CURRENTLY FACED BY THE TEXTILE INDUSTRY IN BOTH THE IMPORTING AND EXPORTING COUNTRIES , AND IN PARTICULAR TO ELIMINATE THE GENUINE RISK OF DISRUPTION OF THE COMMUNITY MARKET AND THE GENUINE RISK OF DISRUPTION OF TRADE IN TEXTILE PRODUCTS ORIGINATING IN YUGOSLAVIA ;

WHEREAS IT IS NECESSARY TO ENSURE THAT THE PURPOSE OF EACH OF THESE AGREEMENTS SHOULD NOT BE OBSTRUCTED BY DEFLECTION OF TRADE AND THAT IT IS THEREFORE NECESSARY TO DETERMINE THE WAY IN WHICH THE ORIGIN OF THE PRODUCTS IN QUESTION IS CONTROLLED AND THE METHODS BY WHICH THE APPROPRIATE ADMINISTRATIVE COOPERATION IS ACHIEVED ;

WHEREAS COMPLIANCE WITH THE QUANTITATIVE LIMITS ON EXPORTS ESTABLISHED UNDER THE AGREEMENTS IS ENSURED BY A DOUBLE-CHECKING SYSTEM ; WHEREAS THE EFFECTIVENESS OF THESE MEASURES DEPENDS ON THE COMMUNITY ESTABLISHING A SET OF COMMUNITY QUANTITATIVE LIMITS TO BE APPLIED TO IMPORTS OF ALL PRODUCTS FROM YUGOSLAVIA EXPORTS OF WHICH ARE SUBJECT TO QUANTITATIVE LIMITS ;

WHEREAS PRODUCTS ENTERING THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER THE ARRANGEMENTS FOR INWARD PROCESSING OR OTHER TEMPORARY ADMISSION ARRANGEMENTS AND INTENDED FOR RE-EXPORTATION OUT OF THE SAID TERRITORY IN THE SAME STATE OR AFTER PROCESSING SHOULD NOT BE SUBJECT TO SUCH COMMUNITY QUANTITATIVE LIMITS ;

WHEREAS SPECIAL RULES ARE REQUIRED FOR PRODUCTS RE-IMPORTED UNDER THE ARRANGEMENTS FOR OUTWARD PROCESSING ;

WHEREAS IT WAS AGREED IN THE COURSE OF THE NEGOTIATIONS BY THE DELEGATIONS FROM THE COMMUNITY AND YUGOSLAVIA THAT THE SAID DELEGATIONS SHOULD RECOMMEND THEIR RESPECTIVE AUTHORITIES TO APPLY THE ARRANGEMENTS SET OUT IN THE AGREEMENTS NEGOTIATED ON A PROVISIONAL BASIS FROM 1 JANUARY 1983 , PENDING THEIR SUBSEQUENT ENTRY INTO FORCE ;

WHEREAS , IN ORDER TO APPLY COMMUNITY QUANTITATIVE LIMITS IN CONFORMITY WITH THE AGREEMENTS NEGOTIATED WITH YUGOSLAVIA IT IS NECESSARY TO ESTABLISH A SPECIAL MANAGEMENT PROCEDURE ; WHEREAS IT IS DESIRABLE THAT SUCH COMMON MANAGEMENT SYSTEM BE DECENTRALIZED BY ALLOCATING THE QUANTITATIVE LIMITS AMONG THE MEMBER STATES , AND THAT THE IMPORT AUTHORIZATIONS BE ISSUED BY THE MEMBER STATES' AUTHORITIES IN ACCORDANCE WITH THE DOUBLE-CHECKING SYSTEM DEFINED IN THE PROTOCOL ;

WHEREAS , IN ORDER TO ENSURE THE BEST POSSIBLE UTILIZATION OF THE COMMUNITY QUANTITATIVE LIMITS , THEY SHOULD BE ALLOCATED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MEMBER STATES AND WITH THE QUANTITATIVE OBJECTIVES ESTABLISHED BY THE COUNCIL ; WHEREAS , HOWEVER , THE EXTENT OF THE DISPARITIES EXISTING IN THE CONDITIONS FOR IMPORTATION OF THESE PRODUCTS INTO THE MEMBER STATES AND THE PARTICULARLY SENSITIVE POSITION OF THE COMMUNITY TEXTILES INDUSTRY MEAN THAT THE SAID CONDITIONS CAN BE STANDARDIZED ONLY GRADUALLY ; WHEREAS FOR THESE REASONS ALLOCATION OF SUPPLIES CANNOT IMMEDIATELY BE EFFECTED ON THE BASIS OF REQUIREMENTS ALONE ;

WHEREAS IT IS ALSO NECESSARY TO INTRODUCE EFFICIENT AND RAPID PROCEDURES FOR ALTERING COMMUNITY QUANTITATIVE LIMITS AND THEIR ALLOCATION TO TAKE ACCOUNT OF THE DEVELOPMENT OF TRADE FLOWS , NEEDS FOR ADDITIONAL IMPORTS AND THE COMMUNITY'S OBLIGATIONS UNDER THE PROTOCOL NEGOTIATED WITH YUGOSLAVIA ;

WHEREAS , IN THE CASE OF PRODUCTS NOT SUBJECT TO QUANTITATIVE LIMITATION , THE PROTOCOL PROVIDES FOR A CONSULTATION PROCEDURE WHEREBY , IN THE EVENT THAT THE VOLUME OF IMPORTS OF A GIVEN CATEGORY OF PRODUCTS INTO THE COMMUNITY OR ONE OF ITS REGIONS EXCEEDS A CERTAIN THRESHOLD , AGREEMENT CAN BE REACHED WITH THE SUPPLYING COUNTRY ON THE INTRODUCTION OF QUANTITATIVE LIMITS ; WHEREAS YUGOSLAVIA ALSO UNDERTAKES TO SUSPEND OR LIMIT ITS EXPORTS FROM THE DATE OF A REQUEST FOR SUCH CONSULTATIONS , AT THE LEVEL FIXED IN THE PROTOCOL ; WHEREAS , IF NO AGREEMENT IS REACHED WITH THE SUPPLYING COUNTRY WITHIN THE PERIOD STIPULATED , THE COMMUNITY MAY INTRODUCE QUANTITATIVE LIMITS AT A SPECIFIC ANNUAL OR MULTIANNUAL LEVEL ;

WHEREAS THE PROTOCOL ESTABLISHED A SYSTEM OF COOPERATION BETWEEN THE COMMUNITY AND YUGOSLAVIA WITH THE AIM OF PREVENTING CIRCUMVENTION BY MEANS OF TRANSHIPMENT , RE-ROUTING OR OTHER MEANS ; WHEREAS A CONSULTATION PROCEDURE IS ESTABLISHED UNDER WHICH AN AGREEMENT CAN BE REACHED WITH YUGOSLAVIA ON AN EQUIVALENT ADJUSTMENT TO THE RELEVANT QUANTITATIVE LIMIT WHEN IT APPEARS THAT THE PROTOCOL HAS BEEN CIRCUMVENTED ; WHEREAS YUGOSLAVIA ALSO AGREED TO TAKE THE NECESSARY MEASURES TO ENSURE THAT ANY ADJUSTMENTS COULD BE RAPIDLY APPLIED ; WHEREAS IN THE ABSENCE OF AGREEMENT WITH YUGOSLAVIA WITHIN THE TIME LIMIT PROVIDED , THE COMMUNITY MAY , WHERE CLEAR EVIDENCE OF CIRCUMVENTION IS PROVIDED , APPLY THE EQUIVALENT ADJUSTMENTS ;

WHEREAS , IN ORDER INTER ALIA TO COMPLY WITH TIME LIMITS SET IN THE PROTOCOL , IT IS NECESSARY TO LAY DOWN A RAPID AND EFFICIENT PROCEDURE FOR INTRODUCING SUCH QUANTITATIVE LIMITS AND CONCLUDING THIS PROTOCOL WITH YUGOSLAVIA ;

WHEREAS THE PROVISIONS OF THIS REGULATION MUST BE APPLIED IN CONFORMITY WITH THE OBLIGATIONS OF THE COMMUNITY TOWARDS YUGOSLAVIA ARISING FROM THIS PROTOCOL ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THIS REGULATION SHALL APPLY TO IMPORTS INTO THE COMMUNITY OF THE TEXTILE PRODUCTS LISTED IN ANNEX I AND ORIGINATING IN YUGOSLAVIA .

2 . THE CLASSIFICATION OF THE PRODUCTS LISTED IN ANNEX I SHALL BE BASED ON THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AND IN THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND THE STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) , WITHOUT PREJUDICE TO ARTICLE 3 ( 7 ) . THE PROCEDURES FOR THE APPLICATION OF THIS PARAGRAPH ARE LAID DOWN IN ANNEX V .

ARTICLE 2

1 . THE ORIGIN OF THE PRODUCTS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE DETERMINED IN ACCORDANCE WITH THE RULES IN FORCE IN THE COMMUNITY .

2 . THE PROCEDURES FOR CONTROL OF THE ORIGIN OF THE PRODUCTS REFERRED TO IN ARTICLE 1 ( 1 ) ARE LAID DOWN IN ANNEX IV .

ARTICLE 3

1 . THE IMPORTATION INTO THE COMMUNITY OF THE TEXTILE PRODUCTS LISTED IN ANNEX II , ORIGINATING IN YUGOSLAVIA AND SHIPPED BETWEEN 1 JANUARY 1983 AND 31 DECEMBER 1986 SHALL BE SUBJECT TO THE ANNUAL QUANTITATIVE LIMITS LAID DOWN IN THAT ANNEX .

2 . THESE QUANTITATIVE LIMITS ARE BROKEN DOWN BETWEEN MEMBER STATES OF THE COMMUNITY FOR THE YEAR 1983 AS SET OUT IN ANNEX III . THE BREAKDOWN FOR THE YEARS 1984 TO 1986 SHALL BE ADOPTED IN ACCORDANCE TO THE PROCEDURES LAID DOWN IN ARTICLE 14 .

3 . THE RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF IMPORTS SUBJECT TO THE COMMUNITY QUANTITATIVE LIMITS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO THE PRESENTATION OF AN IMPORT AUTHORIZATION OR EQUIVALENT DOCUMENT ISSUED BY THE MEMBER STATES' AUTHORITIES IN ACCORDANCE WITH ARTICLE 9 .

4 . THE AUTHORIZED IMPORTS SHALL BE CHARGED AGAINST THE COMMUNITY QUANTITATIVE LIMITS LAID DOWN FOR THE YEAR IN WHICH THE PRODUCTS ARE SHIPPED FROM YUGOSLAVIA . IN THIS REGULATION , SHIPMENT OF PRODUCTS SHALL BE CONSIDERED TO HAVE TAKEN PLACE ON THE DATE OF THEIR LOADING ONTO THE EXPORTING AIRCRAFT , VEHICLE OR VESSEL .

5 . IMPORTS OF PRODUCTS NOT SUBJECT TO QUANTITATIVE LIMITATION BEFORE 1 JANUARY 1983 WHICH WERE IN THE COURSE OF SHIPMENT TO THE COMMUNITY BEFORE THAT DATE SHALL NOT BE SUBJECT TO THE COMMUNITY QUANTITATIVE LIMITS REFERRED TO IN THIS ARTICLE PROVIDED THAT THEY WERE SHIPPED FROM THE SUPPLIER COUNTRY IN WHICH THEY ORIGINATE BEFORE 1 JANUARY 1983 .

6 . THE RELEASE FOR FREE CIRCULATION OF PRODUCTS THE IMPORTATION OF WHICH WAS SUBJECT TO QUANTITATIVE LIMITATION BEFORE 1 JANUARY 1983 AND WHICH WERE SHIPPED BEFORE THE SAID DATE SHALL CONTINUE FROM THAT DATE TO BE SUBJECT TO THE PRESENTATION OF THE SAME IMPORT DOCUMENTS , AND TO THE SAME IMPORT CONDITIONS , AS BEFORE 1 JANUARY 1983 .

7 . THE DEFINITION OF COMMUNITY QUANTITATIVE LIMITS LAID DOWN IN ANNEX II AND THE CATEGORIES OF PRODUCTS TO WHICH THEY APPLY SHALL BE ADAPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 WHERE THIS PROVES NECESSARY TO ENSURE THAT ANY SUBSEQUENT AMENDMENT TO THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF OR THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND THE STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) OR ANY DECISION AMENDING THE CLASSIFICATION OF SUCH PRODUCTS DO NOT RESULT IN A REDUCTION OF SUCH QUANTITATIVE LIMITS .

ARTICLE 4

THE COMMUNITY QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 SHALL NOT APPLY TO THE COTTAGE INDUSTRY AND FOLKLORE PRODUCTS DEFINED IN ANNEX VI WHICH ARE ACCOMPANIED ON IMPORTATION BY A CERTIFICATE ISSUED BY THE COMPETENT AUTHORITIES OF YUGOSLAVIA IN ACCORDANCE WITH THE PROVISIONS OF ANNEX VI AND WHICH FULFIL THE OTHER CONDITIONS LAID DOWN THEREIN .

ARTICLE 5

1 . THE COMMUNITY QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 SHALL NOT APPLY TO PRODUCTS ADMITTED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER THE ARRANGEMENTS FOR INWARD PROCESSING OR OTHER SUSPENSIVE ARRANGEMENTS , PROVIDED THAT THEY ARE DECLARED TO BE FOR RE-EXPORT UNDER SUCH A SYSTEM OUTSIDE THE SAID TERRITORY IN THE SAME STATE OR AFTER PROCESSING .

THE SUBSEQUENT RELEASE FOR FREE CIRCULATION OF THE PRODUCTS REFERRED TO IN THE FIRST SUBPARAGRAPH SHALL BE SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 AND TO THE PRESENTATION OF AN IMPORT AUTHORIZATION OR EQUIVALENT DOCUMENT ISSUED IN ACCORDANCE WITH ARTICLE 3 ( 3 ) AND THE PRODUCTS SO RELEASED SHALL BE CHARGED AGAINST THE COMMUNITY QUANTITATIVE LIMIT ESTABLISHED FOR THE YEAR FOR WHICH THE EXPORT LICENCE WAS ISSUED .

2 . WHERE THE AUTHORITIES IN THE MEMBER STATES ESTABLISH THAT IMPORTS OF TEXTILE PRODUCTS HAVE BEEN CHARGED AGAINST A COMMUNITY QUANTITATIVE LIMIT FIXED PURSUANT TO ARTICLE 3 AND THAT THESE PRODUCTS HAVE SUBSEQUENTLY BEEN RE-EXPORTED OUTSIDE THE COMMUNITY , THEY SHALL INFORM THE COMMISSION THEREOF AND ISSUE ADDITIONAL IMPORT AUTHORIZATIONS FOR THE SAME PRODUCTS AND THE SAME QUANTITIES IN ACCORDANCE WITH ARTICLE 3 ( 3 ) .

IMPORTS EFFECTED UNDER COVER OF SUCH AUTHORIZATIONS SHALL NOT BE CHARGED AGAINST THE COMMUNITY QUANTITATIVE LIMIT FOR THE CURRENT YEAR OR THE FOLLOWING YEAR .

3 . RE-IMPORTS INTO THE COMMUNITY OF TEXTILE PRODUCTS AFTER PROCESSING IN YUGOSLAVIA SHALL BE SUBJECT TO THE SPECIFIC ARRANGEMENTS PROVIDED FOR IN ANNEX VII PROVIDED THAT THEY ARE EFFECTED IN ACCORDANCE WITH THE REGULATIONS ON ECONOMIC OUTWARD PROCESSING IN FORCE IN THE COMMUNITY .

ARTICLE 6

1 . THE COMMUNITY QUANTITATIVE LIMITS SHALL BE ALLOCATED IN SUCH A WAY AS TO ENSURE THE IMPROVED UTILIZATION OF THESE QUANTITATIVE LIMITS AND TO ATTAIN PROGRESSIVELY A MORE BALANCED PENETRATION OF THE MARKETS BY MEANS OF IMPROVED BURDEN-SHARING BETWEEN THE MEMBER STATES .

2 . THE ALLOCATION OF THE COMMUNITY QUANTITATIVE LIMITS SHALL BE ADAPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 AND ACCORDING TO THE CRITERIA DEFINED IN PARAGRAPH 1 WHERE THIS PROVES NECESSARY , PARTICULARLY IN VIEW OF TRENDS IN PATTERNS OF TRADE , IN ORDER TO ENSURE THEIR IMPROVED UTILIZATION .

3 . IN CASES REFERRED TO IN PARAGRAPH 1 WHICH ARE OF PARTICULAR ECONOMIC IMPORTANCE TO ONE OR MORE MEMBER STATE , THE COMMISSION SHALL , HOWEVER , REFER PROPOSALS FOR AMENDMENT OF THE ALLOCATION DIRECTLY TO THE COUNCIL . THE COUNCIL SHALL ACT UPON SUCH PROPOSALS IN ACCORDANCE WITH ARTICLE 113 OF THE TREATY .

ARTICLE 7

1 . YUGOSLAVIA MAY , AFTER NOTIFYING THE COMMISSION IN ADVANCE , UTILIZE THE SHARES ALLOCATED TO MEMBER STATES IN THE FOLLOWING WAYS :

( A ) ADVANCE UTILIZATION DURING ANY GIVEN YEAR OF A PORTION OF A SHARE ESTABLISHED FOR THE FOLLOWING YEAR SHALL BE AUTHORIZED FOR EACH CATEGORY OF PRODUCTS UP TO 5 % OF THE SHARE FOR THE YEAR OF ACTUAL UTILIZATION EXCEPT FOR CATEGORIES 1 , 2 AND 3 .

SUCH ADVANCE IMPORTS SHALL BE DEDUCTED FROM THE CORRESPONDING SHARES ESTABLISHED FOR THE FOLLOWING YEAR ;

( B ) CARRY-OVER OF AMOUNTS NOT UTILIZED DURING ANY GIVEN YEAR TO THE CORRESPONDING SHARE FOR THE FOLLOWING YEAR SHALL BE AUTHORIZED UP TO 5 % OF THE SHARE FOR THE YEAR OF ACTUAL UTILIZATION , EXCEPT FOR CATEGORIES 1 , 2 AND 3 ;

( C ) TRANSFERS OF QUANTITIES IN THE CATEGORIES IN GROUP I MAY BE MADE IN THE FOLLOWING CASES ONLY ;

- TRANSFERS BETWEEN CATEGORIES 4 , 5 , 6 , 7 AND 8 SHALL BE AUTHORIZED UP TO 5 % OF THE SHARE ESTABLISHED FOR THE CATEGORY TO WHICH THE TRANSFER IS MADE ,

- TRANSFERS OF QUANTITIES INTO THE DIFFERENT CATEGORIES IN GROUP II OR III MAY BE MADE FROM ANY CATEGORY IN GROUP I , II OR III , UP TO A MAXIMUM OF 5 % OF THE SHARE ESTABLISHED FOR THE CATEGORY TO WHICH THE TRANSFER IS MADE ,

- THE CUMULATIVE APPLICATION OF THE PROVISIONS OF POINTS ( A ) , ( B ) AND ( C ) MAY NOT , IN THE COURSE OF ANY GIVEN YEAR , CAUSE A LIMIT ESTABLISHED FOR THE CATEGORY AND FOR THE YEAR IN QUESTION TO BE EXCEEDED BY MORE THAN 15 % .

THE TABLE OF EQUIVALENCE APPLICABLE TO THE ABOVEMENTIONED TRANSFERS IS GIVEN IN ANNEX I .

2 . IN THE EVENT OF RECOURSE BY YUGOSLAVIA TO THE PROVISIONS OF PARAGRAPH 1 , THE COMMISSION SHALL NOTIFY THE AUTHORITIES OF THE MEMBER STATES CONCERNED , WHICH SHALL AUTHORIZE THE IMPORTS IN QUESTION IN ACCORDANCE WITH THE DOUBLE-CHECKING SYSTEM DEFINED IN ANNEX V .

3 . WHERE A MEMBER STATE'S SHARE HAS BEEN INCREASED BY THE APPLICATION OF PARAGRAPH 1 OF ARTICLE 8 , OR WHERE FURTHER POSSIBILITIES OF IMPORTS INTO THAT MEMBER STATE HAVE BEEN CREATED UNDER ARTICLE 8 , SUCH INCREASES OR FURTHER IMPORT POSSIBILITIES SHALL NOT BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF APPLYING PARAGRAPH 1 IN THE CURRENT YEAR OR IN SUBSEQUENT YEARS .

ARTICLE 8

1 . MEMBER STATES WHICH FIND THAT THEY REQUIRE ADDITIONAL IMPORTS FOR THEIR INTERNAL CONSUMPTION OR WHICH CONSIDER THAT THEIR SHARE MAY NOT BE FULLY UTILIZED SHALL NOTIFY THE COMMISSION ACCORDINGLY .

2 . THE COMMUNITY QUANTITATIVE LIMITS LAID DOWN IN ARTICLE 3 MAY BE INCREASED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 WHERE IT APPEARS THAT ADDITIONAL IMPORTS ARE REQUIRED .

3 . AT THE REQUEST OF A MEMBER STATE WHICH FINDS THAT IT REQUIRES ADDITIONAL IMPORTS , EITHER ON THE OCCASION OF FAIRS OR WHERE IT HAS ISSUED IMPORT AUTHORIZATIONS OR EQUIVALENT DOCUMENTS FOR UP TO 80 % OF ITS NATIONAL SHARE , THE COMMISSION MAY , AFTER ORAL OR WRITTEN CONSULTATION WITH THE MEMBER STATES WITHIN THE COMMITTEE SET UP UNDER ARTICLE 14 , OPEN UP ADDITIONAL POSSIBILITIES FOR IMPORTS INTO THAT MEMBER STATE .

IN AN EMERGENCY , THE COMMISSION SHALL OPEN CONSULTATIONS WITHIN THE COMMITTEE WITHIN FIVE WORKING DAYS FOLLOWING RECEIPT OF THE REQUEST FROM THE MEMBER STATE CONCERNED AND SHALL TAKE A DECISION WITHIN 15 WORKING DAYS CALCULATED FROM THE SAME DATE .

ARTICLE 9

1 . THE AUTHORITIES OF THE MEMBER STATES SHALL ISSUE THE IMPORT AUTHORIZATIONS OR EQUIVALENT DOCUMENTS PROVIDED FOR IN ARTICLE 3 ( 3 ) UP TO THE AMOUNT OF THEIR SHARES , TAKING INTO ACCOUNT THE MEASURES TAKEN PURSUANT TO ARTICLES 6 , 7 AND 8 .

2 . THE IMPORT AUTHORIZATIONS OR EQUIVALENT DOCUMENTS SHALL BE ISSUED IN ACCORDANCE WITH ANNEX V .

3 . THE QUANTITIES OF PRODUCTS COVERED BY THE IMPORT AUTHORIZATIONS OR EQUIVALENT DOCUMENTS PROVIDED FOR IN ARTICLE 3 SHALL BE CHARGED AGAINST THE SHARE OF THE MEMBER STATE WHICH ISSUED THOSE AUTHORIZATIONS OR DOCUMENTS .

4 . THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL CANCEL IMPORT AUTHORIZATIONS OR EQUIVALENT DOCUMENTS ALREADY ISSUED IN CASES WHERE THE CORRESPONDING EXPORT LICENCES HAVE BEEN WITHDRAWN OR CANCELLED BY THE COMPETENT AUTHORITIES IN YUGOSLAVIA . HOWEVER , IF THE COMPETENT AUTHORITIES OF A MEMBER STATE HAVE NOT BEEN INFORMED BY THE COMPETENT AUTHORITIES OF YUGOSLAVIA OF THE WITHDRAWAL OR CANCELLATION OF AN EXPORT LICENCE UNTIL AFTER THE RELATED PRODUCTS HAVE BEEN IMPORTED INTO SUCH MEMBER STATE , THE QUANTITIES IN QUESTION SHALL BE SET OFF AGAINST THE MEMBER STATE'S QUOTA SHARE FOR THE YEAR DURING WHICH SHIPMENT OF PRODUCTS TOOK PLACE .

ARTICLE 10

1 . THE IMPORTATION INTO THE COMMUNITY OF TEXTILE PRODUCTS LISTED IN ANNEX I , ORIGINATING IN YUGOSLAVIA AND NOT SUBJECT TO THE COMMUNITY QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 SHALL BE SUBJECT TO A SYSTEM OF ADMINISTRATIVE SURVEILLANCE .

2 . SHOULD IMPORTS INTO THE COMMUNITY OF PRODUCTS FALLING WITHIN ANY GIVEN CATEGORY , REFERRED TO IN PARAGRAPH 1 , NOT SUBJECT TO THE ARRANGEMENTS LAID DOWN IN ANNEX VII AND ORIGINATING IN YUGOSLAVIA EXCEED , IN RELATION TO THE PRECEDING CALENDAR YEAR'S TOTAL IMPORTS INTO THE COMMUNITY OF PRODUCTS IN THE SAME CATEGORY , THE PERCENTAGES INDICATED BELOW , SUCH IMPORTS MAY BE MADE SUBJECT TO QUANTITATIVE LIMITS UNDER THE CONDITIONS LAID DOWN IN THIS ARTICLE :

- FOR ALL CATEGORIES OF GROUP I PRODUCTS : 0.5 % ,

- FOR ALL CATEGORIES OF GROUP II PRODUCTS : 2.5 % ,

- FOR ALL CATEGORIES OF GROUP III PRODUCTS : 5.0 % .

THESE ARRANGEMENTS MAY BE LIMITED TO IMPORTS INTO SPECIFIC REGIONS OF THE COMMUNITY .

3 . SHOULD THE IMPORTS REFERRED TO IN PARAGRAPH 2 INTO A GIVEN REGION OF THE COMMUNITY EXCEED , IN RELATION TO THE TOTAL QUANTITIES CALCULATED FOR THE WHOLE COMMUNITY ACCORDING TO THE PERCENTAGE SPECIFIED IN PARAGRAPH 2 , THE PERCENTAGE SET FOR THAT REGION IN THE TABLE BELOW , SUCH IMPORTS MAY BE MADE SUBJECT TO QUANTITATIVE LIMITS IN THE REGION IN QUESTION :

GERMANY * 28.5 %

BENELUX * 10.5 %

FRANCE * 18.5 %

ITALY * 15.0 %

DENMARK * 3.0 %

IRELAND * 1.0 %

UNITED KINGDOM * 23.5 %

GREECE * 2.0 %

4 . PARAGRAPHS 2 AND 3 SHALL NOT APPLY WHERE THE PERCENTAGES SPECIFIED THEREIN HAVE BEEN REACHED AS A RESULT OF A FALL IN TOTAL IMPORTS INTO THE COMMUNITY , AND NOT AS A RESULT OF AN INCREASE IN EXPORTS OF PRODUCTS ORIGINATING IN YUGOSLAVIA .

5 . WHERE THE COMMISSION FINDS , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 , THAT THE CONDITIONS SET OUT IN PARAGRAPHS 2 AND 3 ARE FULFILLED AND CONSIDERS THAT A GIVEN CATEGORY OF PRODUCTS SHOULD BE MADE SUBJECT TO A QUANTITATIVE LIMIT , WITH THE CONCURRING OPINION OF THE COMMITTEE UNDER THE PROCEDURE IN ARTICLE 14 :

( A ) IT SHALL OPEN CONSULTATIONS WITH YUGOSLAVIA IN ACCORDANCE WITH THE PROCEDURE SPECIFIED IN ARTICLE 13 , WITH A VIEW TO REACHING AN AGREEMENT OR JOINT CONCLUSIONS ON A SUITABLE LEVEL OF LIMITATION FOR THE CATEGORY OF PRODUCTS IN QUESTION ;

( B ) PENDING A MUTUALLY SATISFACTORY SOLUTION , IT SHALL , AS A GENERAL RULE , REQUEST YUGOSLAVIA TO LIMIT EXPORTS OF THE PRODUCTS IN THE CATEGORY CONCERNED TO THE COMMUNITY OR TO ONE OR MORE OF ITS REGIONS FOR A PROVISIONAL PERIOD OF THREE MONTHS FROM THE DATE ON WHICH THE REQUEST FOR CONSULTATIONS IS MADE . SUCH PROVISIONAL LIMITS SHALL BE ESTABLISHED AT 25 % OF THE LEVEL OF IMPORTS REACHED DURING THE CALENDAR YEAR PRECEDING THAT IN WHICH IMPORTS EXCEEDED THE LEVEL RESULTING FROM THE APPLICATION OF THE FORMULA SET OUT IN PARAGRAPH 2 , AND GAVE RISE TO THE REQUEST FOR CONSULTATION OR 25 % OF THE LEVEL RESULTING FROM THE APPLICATION OF THE FORMULA SET OUT IN PARAGRAPH 2 , WHICHEVER IS THE HIGHER ;

( C ) IT SHALL , PENDING THE CONCLUSION OF THE REQUESTED CONSULTATIONS APPLY TO THE IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION QUANTITATIVE LIMITS IDENTICAL TO THOSE REQUESTED OF YUGOSLAVIA PURSUANT TO POINT ( B ) . THESE MEASURES SHALL BE WITHOUT PREJUDICE TO THE DEFINITIVE ARRANGEMENTS TO BE MADE BY THE COMMUNITY , TAKING INTO ACCOUNT THE OUTCOME OF THE CONSULTATIONS .

MEASURES TAKEN PURSUANT TO THIS PARAGRAPH SHALL BE THE SUBJECT OF A COMMISSION COMMUNICATION PUBLISHED WITHOUT DELAY IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

6 . THE CONSULTATION WITH YUGOSLAVIA PROVIDED FOR IN PARAGRAPH 5 MAY LEAD TO THE CONCLUSION OF AN ARRANGEMENT BETWEEN THAT COUNTRY AND THE COMMUNITY OR THE ADOPTION OF JOINT CONCLUSIONS ON THE INTRODUCTION AND LEVEL OF QUANTITATIVE LIMITS .

SUCH ARRANGEMENTS OR JOINT CONCLUSIONS SHALL STIPULATE THAT THE QUANTITATIVE LIMITS AGREED BE ADMINISTERED IN ACCORDANCE WITH A DOUBLE-CHECKING SYSTEM .

7 . SHOULD THE COMMUNITY AND YUGOSLAVIA BE UNABLE TO REACH A SATISFACTORY SOLUTION WITHIN ONE MONTH FOLLOWING THE OPENING OF CONSULTATIONS , AND AT THE LATEST WITHIN TWO MONTHS FOLLOWING NOTIFICATION OF THE REQUEST FOR CONSULTATIONS , IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION MAY BE SUBJECT TO QUANTITATIVE LIMITS AT AN ANNUAL LEVEL NOT LOWER THAN THE LEVEL RESULTING FROM THE APPLICATION OF THE FORMULA SET OUT IN PARAGRAPH 2 , OR 106 % OF THE LEVEL OF IMPORTS REACHED DURING THE CALENDAR YEAR PRECEDING THAT IN WHICH IMPORTS EXCEEDED THE LEVEL RESULTING FROM THE APPLICATION OF THE FORMULA SET OUT IN PARAGRAPH 2 AND GAVE RISE TO THE REQUEST FOR CONSULTATIONS WHICHEVER IS THE HIGHER .

8 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 6 SHALL BE CONCLUDED AND THE MEASURES PROVIDED FOR IN EITHER PARAGRAPHS 5 AND 7 OR THE ARRANGEMENTS OR JOINT CONCLUSIONS REFERRED TO IN PARAGRAPH 6 SHALL BE DECIDED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 .

9 . THE ANNUAL LEVEL OF THE QUANTITATIVE LIMITS LAID DOWN IN ACCORDANCE WITH PARAGRAPHS 5 TO 8 MAY NOT BE LESS THAN THE LEVEL OF IMPORTS INTO THE COMMUNITY OR INTO THE REGION OR REGIONS CONCERNED IN 1980 OF PRODUCTS OF THE SAME CATEGORY AND ORIGINATING IN YUGOSLAVIA .

10 . WHERE THE DEVELOPMENT OF TOTAL IMPORTS INTO THE COMMUNITY OF A PRODUCT WHICH IS SUBJECT TO A QUANTITATIVE LIMIT FIXED IN ACCORDANCE WITH PARAGRAPHS 5 TO 8 RENDERS IT NECESSARY , THE ANNUAL LEVEL OF THAT QUANTITATIVE LIMIT SHALL BE INCREASED , AFTER CONSULTATION WITH THE SUPPLIER COUNTRY , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 TO ENSURE COMPLIANCE WITH THE CONDITIONS SET OUT IN PARAGRAPHS 2 AND 3 .

11 . THE QUANTITATIVE LIMITS FIXED IN ACCORDANCE WITH PARAGRAPHS 6 AND 8 SHALL PROVIDE FOR AN ANNUAL GROWTH RATE DETERMINED BY MUTUAL AGREEMENT WITH YUGOSLAVIA IN THE CONTEXT OF THE CONSULTATION PROCEDURE LAID DOWN IN ARTICLE 13 .

12 . THE QUANTITATIVE LIMITS ESTABLISHED PURSUANT TO PARAGRAPHS 5 TO 8 SHALL NOT APPLY TO PRODUCTS WHICH HAVE ALREADY BEEN DISPATCHED TO THE COMMUNITY PROVIDED THAT THEY WERE SHIPPED FROM YUGOSLAVIA FOR EXPORT TO THE COMMUNITY BEFORE THE DATE OF NOTIFICATION OF THE REQUEST FOR CONSULTATIONS .

13 . THE QUANTITATIVE LIMITS ESTABLISHED PURSUANT TO PARAGRAPHS 5 TO 8 SHALL BE ADMINISTERED IN ACCORDANCE WITH ARTICLES 3 TO 9 , SAVE AS OTHERWISE PROVIDED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 .

ARTICLE 11

1 . FOR THE TEXTILE PRODUCTS SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 , MEMBER STATES SHALL NOTIFY THE COMMISSION , WITHIN THE FIRST 10 DAYS OF EACH MONTH , OF THE TOTAL QUANTITIES , IN THE APPROPRIATE UNITS AND BY CATEGORY OF PRODUCTS , FOR WHICH IMPORT AUTHORIZATIONS HAVE BEEN ISSUED DURING THE PRECEDING MONTH .

2 . IN RESPECT OF THE TEXTILE PRODUCTS IN ANNEX I , MEMBER STATES SHALL NOTIFY THE COMMISSION MONTHLY , WITHIN 30 DAYS FOLLOWING THE END OF EACH MONTH , OF THE TOTAL QUANTITIES IMPORTED DURING THAT MONTH , BY NIMEXE CODE AND IN THE UNITS , INCLUDING , WHERE APPROPRIATE , SUPPLEMENTARY UNITS , OF THE NIMEXE CODE . THE IMPORTS SHALL BE BROKEN DOWN IN ACCORDANCE WITH THE STATISTICAL PROCEDURES IN FORCE .

3 . FOR PRODUCTS CITED IN PARAGRAPH 1 OF ANNEX VII , MEMBER STATES SHALL NOTIFY THE COMMISSION MONTHLY WITHIN 30 DAYS FOLLOWING THE END OF EACH MONTH , OF THE BEST INFORMATION AVAILABLE ON THE TOTAL QUANTITIES IMPORTED DURING THAT MONTH , IN THE APPROPRIATE UNITS AND BY CATEGORY OF PRODUCTS .

4 . IN ORDER TO ENABLE MARKET TRENDS IN THE PRODUCTS COVERED BY THIS REGULATION TO BE MONITORED , MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , BEFORE 31 MARCH EACH YEAR , STATISTICAL DATA FOR THE PRECEDING YEAR ON EXPORTS . THE STATISTICAL DATA RELATING TO THE PRODUCTION AND CONSUMPTION OF EACH PRODUCT SHALL BE FORWARDED UNDER ARRANGEMENTS TO BE DETERMINED SUBSEQUENTLY PURSUANT TO THE PROCEDURE LAID DOWN IN ARTICLE 14 .

5 . WHERE THE NATURE OF THE PRODUCTS OR PARTICULAR CIRCUMSTANCES SO REQUIRE , THE COMMISSION MAY , AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , ALTER THE TIME LIMITS FOR COMMUNICATING THE ABOVEMENTIONED INFORMATION UNDER THE PROCEDURE LAID DOWN IN ARTICLE 14 .

6 . MEMBER STATES SHALL NOTIFY THE COMMISSION UNDER CONDITIONS SET IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 , OF ALL OTHER PARTICULARS DEEMED UNDER THAT PROCEDURE TO BE NECESSARY IN ORDER TO ENSURE COMPLIANCE WITH THE OBLIGATIONS AGREED BETWEEN THE COMMUNITY AND YUGOSLAVIA .

ARTICLE 12

1 . WHERE INFORMATION AVAILABLE TO THE COMMISSION AS A RESULT OF INVESTIGATIONS CARRIED OUT IN ACCORDANCE WITH PROCEDURES LAID DOWN IN ANNEX IV CONSTITUTES EVIDENCE THAT PRODUCTS ORIGINATING IN YUGOSLAVIA AND SUBJECT TO QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 OR ESTABLISHED UNDER THE PROCEDURE LAID DOWN IN ARTICLE 10 , HAVE BEEN TRANSHIPPED , RE-ROUTED OR OTHERWISE IMPORTED INTO THE COMMUNITY IN CIRCUMVENTION OF SUCH QUANTITATIVE LIMITS , THE COMMISSION MAY OPEN CONSULTATIONS WITH THE SUPPLIER COUNTRY CONCERNED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 , WITH A VIEW TO REACHING AGREEMENT ON AN EQUIVALENT ADJUSTMENT OF THE CORRESPONDING QUANTITATIVE LIMITS .

2 . PENDING THE OUTCOME OF THE CONSULTATIONS , THE COMMISSION MAY REQUEST YUGOSLAVIA TO MAKE THE NECESSARY ARRANGEMENTS AS A PRECAUTIONARY MEASURE TO ENSURE THAT ADJUSTMENTS OF QUANTITATIVE LIMITS AGREED FOLLOWING SUCH CONSULTATIONS MAY BE CARRIED OUT IN THE YEAR IN WHICH THE REQUEST TO OPEN CONSULTATIONS WAS MADE , OR FOR THE FOLLOWING YEAR IF THE QUANTITATIVE LIMIT FOR THE CURRENT YEAR IS EXHAUSTED , WHERE CLEAR EVIDENCE OF CIRCUMVENTION IS PROVIDED .

3 . SHOULD THE COMMUNITY AND YUGOSLAVIA FAIL TO REACH A SATISFACTORY SOLUTION WITHIN THE PERIOD SPECIFIED IN ARTICLE 13 , THE COMMISSION MAY , WHERE CLEAR EVIDENCE OF CIRCUMVENTION HAS BEEN PROVIDED , DEDUCT FROM THE RELEVANT QUANTITATIVE LIMITS AMOUNTS EQUIVALENT TO THE PRODUCTS ORIGINATING IN YUGOSLAVIA IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 .

ARTICLE 13

THE COMMISSION SHALL CONDUCT THE CONSULTATIONS WITH YUGOSLAVIA PROVIDED FOR BY THE PRESENT REGULATION IN ACCORDANCE WITH THE FOLLOWING RULES :

- THE COMMISSION SHALL NOTIFY YUGOSLAVIA OF THE REQUEST FOR CONSULTATIONS ,

- THE REQUEST FOR CONSULTATIONS SHALL BE FOLLOWED WITHIN A REASONABLE PERIOD , AND IN ANY CASE NOT LATER THAN 15 DAYS FOLLOWING THE NOTIFICATION , BY A STATEMENT SETTING OUT THE REASONS AND CIRCUMSTANCES WHICH , IN THE COMMISSION'S OPINION , JUSTIFY THE SUBMISSION OF SUCH A REQUEST ,

- THE COMMISSION SHALL INITIATE CONSULTATIONS WITHIN ONE MONTH AT THE LATEST OF NOTIFICATION OF THE REQUEST , WITH A VIEW TO REACHING AGREEMENT OR A MUTUALLY ACCEPTABLE CONCLUSION WITHIN ONE FURTHER MONTH AT THE LATEST .

ARTICLE 14

1 . THE TEXTILE COMMITTEE-YUGOSLAVIA , HEREINAFTER CALLED " THE COMMITTEE " , COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES AND CHAIRED BY A COMMISSION REPRESENTATIVE , IS HEREBY SET UP .

2 . THE COMMITTEE SHALL DRAW UP ITS RULES OF PROCEDURE .

3 . WHERE REFERENCE IS MADE TO THE PROCEDURE DEFINED IN THIS ARTICLE , THE CHAIRMAN , ON HIS OWN INITIATIVE OR AT THE REQUEST OF A MEMBER STATE , SHALL REFER THE MATTER TO THE COMMITTEE .

4 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES PROPOSED WHERE THEY ARE IN CONFORMITY WITH THE COMMITTEE'S OPINION .

( B ) WHERE THE MEASURES PROPOSED ARE NOT IN CONFORMITY WITH THE COMMITTEE'S OPINION , OR WHERE NO OPINION HAS BEEN GIVEN , THE COMMISSION SHALL SUBMIT TO THE COUNCIL WITHOUT DELAY A PROPOSAL FOR THE MEASURES TO BE TAKEN . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .

( C ) SHOULD THE COUNCIL FAIL TO TAKE A DECISION WITHIN ONE MONTH OF THE DATE ON WHICH THE PROPOSAL WAS LAID BEFORE IT , THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES .

5 . THE COMMISSION REPRESENTATIVE SHALL SUBMIT DRAFT MEASURES TO THE COMMITTEE . THE COMMITTEE SHALL DELIVER AN OPINION ON THE DRAFT MEASURES WITHIN A PERIOD WHICH MAY BE FIXED BY THE CHAIRMAN DEPENDING ON THE DEGREE OF URGENCY OF THE MATTERS TO BE EXAMINED . THE COMMITTEE SHALL DECIDE BY A QUALIFIED MAJORITY , AS SPECIFIED IN THE FIRST INDENT OF ARTICLE 148 ( 2 ) , OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .

6 . THE CHAIRMAN MAY , ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE , CONSULT THE COMMITTEE ABOUT ANY OTHER MATTER RELATING TO THE APPLICATION OF THIS REGULATION .

ARTICLE 15

THE MEMBER STATES SHALL INFORM THE COMMISSION FORTHWITH OF ALL MEASURES TAKEN PURSUANT TO THIS REGULATION AND OF ALL LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS CONCERNING ARRANGEMENTS FOR IMPORTATION OF THE PRODUCTS COVERED BY THIS REGULATION .

ARTICLE 16

AMENDMENTS AND ADJUSTMENTS TO THE ANNEXES TO THIS REGULATION WHICH ARE NECESSARY TO TAKE INTO ACCOUNT AMENDMENTS TO COMMUNITY RULES ON STATISTICS , CUSTOMS ARRANGEMENTS OR COMMON IMPORT ARRANGEMENTS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 .

ARTICLE 17

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1983 .

IT SHALL APPLY UNTIL 31 DECEMBER 1986 .

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

DONE AT BRUSSELS , 23 DECEMBER 1982 .

FOR THE COUNCIL

THE PRESIDENT

O . MOELLER

ANNEXES : SEE O.J . L NO 374 OF 31 . 12 . 82

February 2, 1984	annex	Replacement
February 2, 1984	article 10.5.C	Amendment
February 2, 1984	article 3	Amendment

Council Regulation (EEC) No 3588/82 of 23 December 1982 on rules for imports of certain textile products originating in Yugoslavia

Modified by

Council Regulation (EEC) No 194/84 of 4 January 1984 amending Regulation (EEC) No 3588/82 on common rules for imports of certain textile products originating in Yugoslavia