++++

( 1 ) OJ NO L 365 , 27 . 12 . 1978 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3589/82 OF 23 DECEMBER 1982 ON COMMON RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN THIRD COUNTRIES

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 NEGOTIATED AGREEMENTS WITH A NUMBER OF SUPPLIER COUNTRIES ON TRADE IN TEXTILE PRODUCTS ; WHEREAS BOTH THESE AGREEMENTS AND THE RULES CONCERNING THEIR MANAGEMENT LAID DOWN IN COUNCIL REGULATION ( EEC ) NO 3059/78 ( 1 ) APPLY UNTIL 31 DECEMBER 1982 ;

WHEREAS THE COMMUNITY HAS ACCEPTED THE EXTENSION OF THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES ON THE CONDITIONS LAID DOWN IN THE PROTOCOL FOR THE EXTENSION OF THE ARRANGEMENT AND THE CONCLUSIONS ADOPTED BY THE GATT TEXTILES COMMITTEE ON 21 DECEMBER 1981 AND ANNEXED TO THAT PROTOCOL ;

WHEREAS THE COMMUNITY HAS NEGOTIATED AGREEMENTS WITH A NUMBER OF SUPPLYING COUNTRIES ON TRADE IN TEXTILE PRODUCTS ; WHEREAS THE SAID AGREEMENTS ARE INTENDED TO PROMOTE THE ORDERLY AND EQUITABLE DEVELOPMENT OF TRADE IN TEXTILE PRODUCTS BETWEEN THE COMMUNITY AND ITS SUPPLIER COUNTRIES , ON THE BASIS OF COOPERATION BETWEEN THE CONTRACTING PARTIES , AND IN PARTICULAR TO ELIMINATE THE REAL DANGER OF DISRUPTION OF THE COMMUNITY MARKET AND THE TEXTILE TRADE OF THE SUPPLYING COUNTRIES ; WHEREAS TO THIS END THEY PROVIDE INTER ALIA THAT SUPPLIER COUNTRIES' EXPORTS OF CERTAIN TEXTILE PRODUCTS SHALL BE SUBJECT TO QUANTITATIVE LIMITS , AND THAT THE COMMUNITY SHALL REFRAIN FROM INTRODUCING QUANTITATIVE RESTRICTIONS UNDER ARTICLE XIX OF THE GATT OR ARTICLE 3 OF THE ABOVEMENTIONED ARRANGEMENT , OR APPLYING MEASURES HAVING EQUIVALENT EFFECT TO SUCH QUANTITATIVE RESTRICTIONS ;

WHEREAS IT WAS AGREED IN THE COURSE OF THE NEGOTIATIONS BY THE DELEGATIONS FROM THE COMMUNITY AND THE SUPPLIER COUNTRIES 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 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'S ESTABLISHING A SET OF COMMUNITY QUANTITATIVE LIMITS TO BE APPLIED TO IMPORTS OF ALL PRODUCTS FROM SUPPLIER COUNTRIES WHOSE EXPORTS ARE SUBJECT TO QUANTITATIVE LIMITATIONS ;

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 , IN ORDER TO APPLY COMMUNITY QUANTITATIVE LIMITS IN CONFORMITY WITH THE AGREEMENTS NEGOTIATED WITH THE SUPPLIER COUNTRIES , 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 AGREEMENTS ;

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 AGREEMENTS NEGOTIATED WITH SUPPLIER COUNTRIES ;

WHEREAS , IN RESPECT OF CERTAIN TEXTILE PRODUCTS UNDER LIMITATION , THE AGREEMENTS PROVIDE FOR A CONSULTATION PROCEDURE WITH SUPPLIER COUNTRIES WHEREBY A LIMIT TO THE GROWTH OF IMPORTS OF A PRODUCT MAY BE AGREED WHERE SIGNIFICANT USE OF ITS RELATED QUANTITATIVE LIMIT FOLLOWS A MARKED UNDER-USE ; WHEREAS SUPPLIER COUNTRIES AGREED AS WELL TO LIMIT THEIR EXPORTS FROM THE TIME OF THE CONSULTATION REQUEST TO A LEVEL ESTABLISHED IN THE AGREEMENTS ; WHEREAS , IN THE ABSENCE OF AGREEMENT WITHIN THE SPECIFIED TIME LIMITS , SUPPLIER COUNTRIES AGREED TO LIMIT THE GROWTH IN THEIR EXPORTS TO A LEVEL ESTABLISHED IN THE AGREEMENTS ;

WHEREAS , IN THE CASE OF PRODUCTS NOT SUBJECT TO QUANTITATIVE LIMITATION , THE AGREEMENTS PROVIDE 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 SUPPLIER COUNTRY ON THE INTRODUCTION OF QUANTITATIVE LIMITS ; WHEREAS THE SUPPLIER COUNTRIES ALSO UNDERTAKE TO SUSPEND OR LIMIT THEIR EXPORTS FROM THE DATE OF A REQUEST FOR SUCH CONSULTATIONS , AT THE LEVEL INDICATED BY THE COMMUNITY ; WHEREAS IF NO AGREEMENT IS REACHED WITH THE SUPPLIER COUNTRY WITHIN THE PERIOD STIPULATED , THE COMMUNITY MAY INTRODUCE QUANTITATIVE LIMITS AT A SPECIFIC ANNUAL OR MULTIANNUAL LEVEL ;

WHEREAS THE AGREEMENTS ESTABLISHED A SYSTEM OF COOPERATION BETWEEN THE COMMUNITY AND THE SUPPLIER COUNTRIES 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 THE SUPPLIER COUNTRY IN QUESTION ON AN EQUIVALENT ADJUSTMENT TO THE RELEVANT QUANTITATIVE LIMIT WHEN IT APPEARS THAT THE AGREEMENT HAS BEEN CIRCUMVENTED ; WHEREAS SUPPLIER COUNTRIES ALSO AGREED TO TAKE THE NECESSARY MEASURES TO ENSURE THAT ANY ADJUSTMENTS COULD BE RAPIDLY APPLIED ; WHEREAS , IN THE ABSENCE OF AGREEMENT WITH A SUPPLIER COUNTRY WITHIN THE TIME LIMIT PROVIDED , THE COMMUNITY MAY , WHERE CLEAR EVIDENCE OF CIRCUMVENTION IS PROVIDED , APPLY THE EQUIVALENT ADJUSTMENT ;

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

WHEREAS THE PROVISIONS OF THIS REGULATION MUST BE APPLIED IN CONFORMITY WITH THE COMMUNITY'S INTERNATIONAL OBLIGATIONS , IN PARTICULAR WITH THOSE ARISING FROM THE ABOVEMENTIONED AGREEMENTS WITH SUPPLIER COUNTRIES ,

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 THE COUNTRIES LISTED IN ANNEX II ( HEREINAFTER CALLED " SUPPLIER COUNTRIES " ) .

2 . THE CLASSIFICATION OF THE PRODUCTS LISTED IN ANNEX I SHALL BE BASED ON THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AND ON 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 VI .

3 . SUBJECT TO THE PROVISIONS OF THIS REGULATION , THE IMPORTATION INTO THE COMMUNITY OF THE TEXTILE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL NOT BE SUBJECT TO QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT TO SUCH RESTRICTIONS .

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 V .

ARTICLE 3

1 . THE IMPORTATION INTO THE COMMUNITY OF THE TEXTILE PRODUCTS LISTED IN ANNEX III ORIGINATING IN ONE OF THE SUPPLIER COUNTRIES LISTED IN THAT ANNEX AND SHIPPED BETWEEN 1 JANUARY 1983 AND 31 DECEMBER 1986 SHALL BE SUBJECT TO THE ANNUAL COMMUNITY 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 IV .

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 10 .

4 . THE AUTHORIZED IMPORTS SHALL BE CHARGED AGAINST THE COMMUNITY QUANTITATIVE LIMITS LAID DOWN FOR THE YEAR IN WHICH THE PRODUCTS ARE SHIPPED IN THE SUPPLIER COUNTRY CONCERNED . 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 III AND THE CATEGORIES OF PRODUCTS TO WHICH THEY APPLY SHALL BE ADAPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 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 DOES NOT RESULT IN A REDUCTION OF SUCH QUANTITATIVE LIMITS .

ARTICLE 4

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

2 . THE RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF THE TEXTILE PRODUCTS REFERRED TO IN PARAGRAPH 1 ORIGINATING IN THE SUPPLIER COUNTRIES LISTED IN ANNEX VIII SHALL BE GRANTED ONLY FOR THOSE PRODUCTS COVERED BY AN IMPORT DOCUMENT ISSUED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES , PROVIDED THAT SIMILAR MACHINE-MADE PRODUCTS ARE SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 .

THE SAID IMPORT DOCUMENT SHALL BE ISSUED AUTOMATICALLY WITHIN A MAXIMUM OF FIVE WORKING DAYS FROM THE DATE OF PRESENTATION BY THE IMPORTER OF THE CERTIFICATE REFERRED TO IN PARAGRAPH 1 ISSUED BY THE COMPETENT AUTHORITIES OF THE SUPPLIER COUNTRY .

THE IMPORT DOCUMENT SHALL BE VALID FOR SIX MONTHS AND SHALL STATE THE GROUNDS FOR EXEMPTION AS GIVEN IN THE CERTIFICATE REFERRED TO IN PARAGRAPH 1 .

ARTICLE 5

1 . SHOULD THE LEVEL OF IMPORTS INTO THE COMMUNITY OR ANY OF ITS REGIONS OF PRODUCTS FALLING WITHIN A GIVEN GROUP I CATEGORY REFERRED TO IN ARTICLE 3 AND ORIGINATING IN ONE OF THE SUPPLIER COUNTRIES EXCEED , IN THE COURSE OF A CALENDAR YEAR , THE LEVEL OF THE PRECEDING CALENDAR YEAR BY 10 % OF THE QUANTITATIVE LIMIT FOR THE CURRENT YEAR IN RESPECT OF THAT CATEGORY , THESE IMPORTS MAY BE MADE SUBJECT TO THE MEASURES PROVIDED FOR IN THIS ARTICLE .

2 . PARAGRAPH 1 SHALL NOT APPLY WHERE THE COMMUNITY QUANTITATIVE LIMITS ESTABLISHED UNDER ARTICLE 3 FOR THE PRODUCT WITHIN THE CATEGORY IN QUESTION ORIGINATING IN THE SUPPLIER COUNTRY CONCERNED IS LESS THAN 2.5 % OF TOTAL COMMUNITY IMPORTS IN 1980 FOR THAT CATEGORY . HOWEVER , IN THE CASE OF THE COUNTRIES REFERRED TO IN ANNEXES XII , XIIA AND XIIB , THIS LEVEL IS 1 % .

PARAGRAPH 1 SHALL NOT APPLY WHERE THE LEVEL OF IMPORTS OF PRODUCTS WITHIN THE CATEGORY IN QUESTION ORIGINATING IN THE SUPPLIER COUNTRY CONCERNED DURING THE CURRENT YEAR IS LESS THAN 50 % OF THE COMMUNITY OR REGIONAL QUANTITATIVE LIMITS ESTABLISHED UNDER ARTICLE 3 .

3 . WHERE THE COMMISSION FINDS , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 , THAT THE CONDITIONS SET OUT IN PARAGRAPHS 1 AND 2 ARE FULFILLED AND CONSIDERS THAT IT IS NECESSARY , IN THE CASE OF A GIVEN CATEGORY OF PRODUCT , TO :

- SUSPEND WHOLLY OR IN PART THE APPLICATION OF THE PROVISIONS OF ARTICLE 8 , OR

- MODIFY THE QUANTITATIVE LIMIT ESTABLISHED UNDER ARTICLE 3 , AND

- COMPENSATE IN AN EQUITABLE AND QUANTIFIABLE MANNER , IN RESPECT OF THE THIRD COUNTRY CONCERNED , FOR THE MEASURES REFERRED TO IN THE FIRST AND SECOND INDENTS OF THIS PARAGRAPH ,

THE COMMISSION , WITH THE CONCURRING OPINION OF THE COMMITTEE UNDER THE PROCEDURE IN ARTICLE 15 , SHALL :

( A ) OPEN CONSULTATIONS WITH THE SUPPLIER COUNTRY CONCERNED , IN ACCORDANCE WITH THE PROCEDURE SET OUT IN ARTICLE 14 , WITH A VIEW TO REACHING AGREEMENT OR JOINT CONCLUSIONS IN RESPECT OF THE CATEGORY PRODUCTS IN QUESTION ON :

- THE SUSPENSION WHOLLY OR IN PART OF THE PROVISIONS OF ARTICLE 8 , OR

- THE MODIFICATION OF THE QUANTITATIVE LIMIT ESTABLISHED UNDER ARTICLE 3 ,

- AS WELL AS THE CORRESPONDING EQUITABLE AND QUANTIFIABLE COMPENSATION ;

( B ) AS A GENERAL RULE , PENDING A MUTUALLY SATISFACTORY SOLUTION , REQUEST THE SUPPLIER COUNTRY CONCERNED TO RESTRAIN , FOR A PROVISIONAL ONE-MONTH PERIOD FROM THE DATE OF NOTIFICATION OF THE REQUEST FOR CONSULTATIONS , EXPORTS TO THE COMMUNITY OR TO ONE OR MORE OF ITS REGIONS OF THE CATEGORY OF PRODUCTS IN QUESTION . THIS PROVISIONAL LIMIT SHALL BE EQUAL TO ONE-TWELFTH OF THE LEVEL OF IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION FROM THE SUPPLIER COUNTRY CONCERNED DURING THE PRECEDING CALENDAR YEAR ;

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

THE MEASURES TAKEN UNDER THIS PARAGRAPH SHALL BE THE SUBJECT OF A COMMISSION COMMUNICATION PUBLISHED FORTHWITH IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

4 . THE CONSULTATIONS WITH THE SUPPLIER COUNTRY CONCERNED WHICH ARE PROVIDED FOR IN PARAGRAPH 3 ( A ) MAY LEAD TO THE CONCLUSION OF AN ARRANGEMENT BETWEEN THAT COUNTRY AND THE COMMUNITY OR THE ADOPTION OF JOINT CONCLUSIONS ON THE MODIFICATION OF THE QUANTITATIVE LIMIT IN QUESTION OR ON THE SUSPENSION WHOLLY OR IN PART OF THE PROVISIONS OF ARTICLE 8 AND ON THE COMPENSATION REFERRED TO IN PARAGRAPH 3 .

5 . SHOULD THE COMMUNITY AND THE SUPPLIER COUNTRY FAIL TO REACH A SATISFACTORY SOLUTION WITHIN 15 DAYS FOLLOWING THE OPENING OF CONSULTATIONS AND AT THE LATEST WITHIN ONE MONTH FOLLOWING THE REQUEST FOR CONSULTATIONS , THE PROVISIONS OF ARTICLE 8 MAY , FOR THE CATEGORY OF PRODUCTS IN QUESTION , BE WHOLLY OR IN PART SUSPENDED , OR THE QUANTITATIVE LIMIT ESTABLISHED UNDER ARTICLE 3 MAY BE MODIFIED SO AS TO RESTRAIN EXPORTS TO THE COMMUNITY OR ANY OF ITS REGIONS TO 125 % OF IMPORTS ATTAINED DURING THE PRECEDING CALENDAR YEAR OR TO THE LEVEL OF EXPORTS UP TO THE DATE OF THE REQUEST FOR CONSULTATIONS PLUS THE LEVEL OF EXPORTS PROVIDED FOR DURING THE CONSULTATION PERIOD UNDER PARAGRAPH 4 , WHICHEVER IS THE HIGHER .

THE APPLICATION OF THE MEASURES PROVIDED FOR IN THIS PARAGRAPH SHALL BE LIMITED TO THE YEAR IN WHICH THEY ARE TAKEN .

SHOULD THE PROVISIONS OF THIS PARAGRAPH BE APPLIED , AN OFFER OF EQUITABLE AND QUANTIFIABLE COMPENSATION SHALL BE MAINTAINED .

6 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 4 SHALL BE CONCLUDED AND THE MEASURES PROVIDED FOR EITHER IN PARAGRAPHS 3 AND 5 OR IN THE ARRANGEMENT OR JOINT CONCLUSIONS REFERRED TO IN PARAGRAPH 4 SHALL BE DECIDED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 .

7 . THE ANNUAL LEVEL OF THE QUANTITATIVE LIMITS MODIFIED UNDER PARAGRAPHS 3 TO 6 MAY NOT BE LESS THAN THE LEVEL OF IMPORTS INTO THE COMMUNITY OR INTO THE REGION CONCERNED IN 1980 OF PRODUCTS OF THE SAME CATEGORY ORIGINATING IN THE SAME SUPPLIER COUNTRY .

8 . THE QUANTITATIVE LIMITS MODIFIED IN ACCORDANCE WITH PARAGRAPHS 4 AND 6 IN ANY YEAR PRECEDING 1986 SHALL BE SUBJECT TO A GROWTH RATE SO AS TO ENSURE THAT THE LEVEL OF THE QUANTITATIVE LIMIT ESTABLISHED UNDER ARTICLE 3 FOR THE YEAR 1986 IS REGAINED IN THAT YEAR .

9 . WHERE THIS ARTICLE IS APPLIED IN RESPECT OF ONE OR MORE COMMUNITY REGIONS , THE COMPENSATION REFERRED TO IN PARAGRAPHS 3 , 4 AND 5 WILL CONCERN THE REGION OR REGIONS OF THE COMMUNITY IN RESPECT OF WHICH MEASURES OF LIMITATION OR RESTRAINT ARE TAKEN UNDER THIS ARTICLE .

10 . NOTWITHSTANDING ANY LIMITATIONS ESTABLISHED UNDER THIS ARTICLE , GOODS ALREADY SHIPPED BEFORE THE DATE OF NOTIFICATION OF THE REQUEST FOR CONSULTATIONS REFERRED TO IN PARAGRAPH 3 SHALL BE ADMITTED , PROVIDED THAT THEY WOULD HAVE BEEN ADMITTED IN THE ABSENCE OF ANY MEASURES TAKEN UNDER THIS ARTICLE .

ARTICLE 6

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 . SUBJECT TO THE CONDITIONS LAID DOWN IN ANNEX XIII , REIMPORTS INTO THE COMMUNITY OF TEXTILE PRODUCTS AFTER PROCESSING IN THE COUNTRIES LISTED IN THAT ANNEX SHALL NOT BE SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 PROVIDED THAT THEY ARE EFFECTED IN ACCORDANCE WITH THE REGULATIONS ON ECONOMIC OUTWARD PROCESSING IN FORCE IN THE COMMUNITY .

4 . REIMPORTS INTO THE COMMUNITY OF TEXTILE PRODUCTS AFTER PROCESSING IN THE COUNTRIES LISTED IN ANNEX IX SHALL NOT BE SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 PROVIDED THAT THEY ARE EFFECTED IN ACCORDANCE WITH THE REGULATIONS ON ECONOMIC OUTWARD PROCESSING IN FORCE IN THE COMMUNITY AND THAT SPECIFIC QUANTITATIVE LIMITATIONS OR MEASURES OF LIBERALIZATION HAVE BEEN ESTABLISHED FOR GOODS IMPORTED UNDER ECONOMIC OUTWARD PROCESSING ARRANGEMENTS FOR THE MEMBER STATE , PRODUCT AND THIRD COUNTRY CONCERNED .

5 . WHERE IMPORTS INTO THE COMMUNITY OF TEXTILE PRODUCTS LISTED IN ANNEX I AND ORIGINATING IN THE SUPPLIER COUNTRIES LISTED IN ANNEX IX ARE EFFECTED AT ABNORMALLY LOW PRICES , THE PROVISIONS OF ANNEX X SHALL APPLY .

ARTICLE 7

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 15 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 STATES , 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 8

1 . SUPPLIER COUNTRIES OTHER THAN THE COUNTRIES LISTED IN ANNEXES XI , XII , XIIA AND XIIB 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 .

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 .

( C ) EXCEPT FOR THE COUNTRIES LISTED IN ANNEX IX , WHERE THE RELEVANT PERCENTAGES IN EACH CASE REFERRED TO BELOW SHALL BE 3.5 % , TRANSFERS OF QUANTITIES IN GROUP I CATEGORIES SHALL BE MADE ONLY AS FOLLOWS :

- TRANSFERS FROM CATEGORY 1 TO CATEGORIES 2 AND 3 SHALL BE AUTHORIZED UP TO 5 % OF THE SHARE ESTABLISHED FOR THE CATEGORY TO WHICH THE TRANSFER IS MADE ,

- TRANSFERS BETWEEN CATEGORIES 2 AND 3 SHALL BE AUTHORIZED UP TO 5 % OF THE SHARE ESTABLISHED FOR THE CATEGORY TO WHICH THE TRANSFER IS MADE ,

- 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 SUBJECT TO A MAXIMUM OF 5 % OF THE SHARE ESTABLISHED FOR THE CATEGORY TO WHICH THE TRANSFER IS MADE .

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

( D ) 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 % ; HOWEVER , IN THE CASE OF CATEGORIES OF PRODUCTS ORIGINATING IN THE COUNTRIES LISTED IN ANNEX IX , SUCH AN EXCESS MAY NOT BE GREATER THAN 11 % FOR GROUP I CATEGORIES AND 12.5 % FOR CATEGORIES IN GROUP II AND III .

2 . THE COUNTRY LISTED IN ANNEX XI MAY UTILIZE THE SHARES IN THE WAYS PROVIDED IN PARAGRAPH 1 , PROVIDED THAT :

- IN THE CASE OF POINTS ( A ) AND ( B ) , THERE SHALL BE NO AUTHORIZATION FOR CATEGORY 1 , AND THE AUTHORIZATION IN RESPECT OF CATEGORY 2 SHALL BE LIMITED TO 2.5 % ,

- IN THE CASE OF POINT ( C ) , TRANSFERS TO CATEGORY 2 SHALL BE LIMITED TO 2.5 % .

3 . THE COUNTRY LISTED IN ANNEX XII MAY UTILIZE THE SHARES IN THE SAME WAY AS PROVIDED IN PARAGRAPH 1 , PROVIDED THAT :

- IN THE CASE OF POINTS ( A ) AND ( B ) , THERE SHALL BE NO AUTHORIZATION FOR CATEGORIES 2 AND 3 AND AUTHORIZATION IN RESPECT OF ALL OTHER CATEGORIES SHALL BE LIMITED TO 1 % , EXCEPT THAT FURTHER AUTHORIZATION TO 5 % MAY BE AGREED FOLLOWING CONSULTATIONS IN ACCORDANCE WITH ARTICLE 14 ,

- IN THE CASE OF POINT ( C ) , THERE SHALL BE NO TRANSFERS TO CATEGORIES 2 AND 3 AND TRANSFERS BETWEEN CATEGORIES 4 , 5 , 6 , 7 AND 8 SHALL BE LIMITED TO 3.5 % ,

- IN THE CASE OF POINT ( D ) , SUCH EXCESS MAY NOT BE GREATER THAN 10 % FOR GROUP I CATEGORIES AND 11 % FOR CATEGORIES IN GROUPS II AND III .

THE SAME PROVISIONS SHALL APPLY TO THE COUNTRY LISTED IN ANNEX XIIA EXCEPT THAT , IN THE CASE OF POINTS ( A ) AND ( B ) REFERRED TO IN THE FIRST INDENT , THERE SHALL BE NO AUTHORIZATION FOR CATEGORIES 1 , 2 AND 3 .

4 . IN THE EVENT OF RECOURSE BY A SUPPLIER COUNTRY TO THE PROVISIONS OF PARAGRAPHS 1 TO 3 , THE COMMISSION SHALL NOTIFY THE AUTHORITIES OF THE MEMBER STATE CONCERNED , WHICH SHALL AUTHORIZE THE IMPORTS IN QUESTION IN ACCORDANCE WITH THE DOUBLE-CHECKING SYSTEM DEFINED IN ANNEX VI .

5 . WHERE A MEMBER STATE'S SHARE HAS BEEN INCREASED BY THE APPLICATION OF PARAGRAPHS 1 TO 3 ABOVE OR OF ARTICLE 9 , OR WHERE FURTHER POSSIBILITIES FOR IMPORTS INTO THAT MEMBER STATE HAVE BEEN CREATED UNDER ARTICLE 9 , SUCH INCREASES OR FURTHER IMPORT POSSIBILITIES SHALL NOT BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF APPLYING PARAGRAPH 1 IN THE CURRENT YEAR OR SUBSEQUENT YEARS .

ARTICLE 9

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 15 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 CONSULTATIONS WITH THE MEMBER STATES WITHIN THE COMMITTEE SET UP UNDER ARTICLE 15 , 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 10

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 5 , 7 , 8 AND 9 .

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

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 THE SUPPLIER COUNTRIES . HOWEVER , IF THE COMPETENT AUTHORITIES OF A MEMBER STATE HAVE NOT BEEN INFORMED BY THE COMPETENT AUTHORITIES OF A SUPPLIER COUNTRY 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 11

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

2 . SHOULD IMPORTS INTO THE COMMUNITY OF PRODUCTS FALLING WITHIN ANY GIVEN CATEGORY , REFERRED TO IN PARAGRAPH 1 AND ORIGINATING IN ONE OF THE SUPPLIER COUNTRIES , EXCEED , IN RELATION TO THE PRECEDING CALENDAR YEAR'S TOTAL IMPORTS INTO THE COMMUNITY OF PRODUCTS IN THE SAME CATEGORY , THE PERCENTAGES INDICATED IN THE TABLE APPEARING IN ANNEX XIV SUCH IMPORTS MAY BE MADE SUBJECT TO QUANTITATIVE LIMITS UNDER THE CONDITIONS LAID DOWN IN THIS ARTICLE . 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 %

DENMARK * 3 %

IRELAND * 1 %

UNITED KINGDOM * 23.5 %

GREECE * 2 %

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 THE SUPPLIER COUNTRY CONCERNED .

5 . WHERE THE COMMISSION FINDS , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 , 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 15 :

( A ) IT SHALL OPEN CONSULTATIONS WITH THE SUPPLIER COUNTRY CONCERNED IN ACCORDANCE WITH THE PROCEDURE SPECIFIED IN ARTICLE 14 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 , THE COMMISSION SHALL , AS A GENERAL RULE , REQUEST THE SUPPLIER COUNTRY CONCERNED TO LIMIT EXPORTS OF THE PRODUCTS IN THE CATEGORY CONCERNED TO THE COMMUNITY , TO THE REGION OR REGIONS OF THE COMMUNITY MARKET SPECIFIED BY THE COMMUNITY FOR A PROVISIONAL PERIOD OF THREE MONTHS FROM THE DATE ON WHICH THE REQUEST FOR CONSULTATIONS IS MADE . SUCH PROVISIONAL LIMIT 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 MAY REQUEST THE SUPPLIER COUNTRIES LISTED IN ANNEXES IX AND XII , WITH EFFECT FROM THE DATE OF NOTIFICATION OF THE REQUEST FOR CONSULTATIONS AND PENDING A MUTUALLY SATISFACTORY SOLUTION , TO SUSPEND OR LIMIT AT THE LEVEL INDICATED BY THE COMMISSION ITS EXPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION TO THE COMMUNITY OR TO ONE OR MORE REGIONS THEREOF ;

( D ) IT MAY , PENDING THE OUTCOME OF THE REQUESTED CONSULTATIONS , APPLY TO THE IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION QUANTITATIVE LIMITS IDENTICAL TO THOSE REQUESTED OF THE SUPPLIER COUNTRY PURSUANT TO POINTS ( B ) AND ( C ) . THESE MEASURES SHALL BE WITHOUT PREJUDICE TO THE DEFINITIVE ARRANGEMENTS TO BE MADE BY THE COMMUNITY , TAKING INTO ACCOUNT THE RESULTS 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 CONSULTATIONS WITH THE SUPPLIER COUNTRY CONCERNED WHICH ARE PROVIDED FOR IN PARAGRAPH 5 ( A ) 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 PARTIES BE UNABLE , IN THE COURSE OF CONSULTATIONS , 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 , THE COMMUNITY SHALL HAVE THE RIGHT TO INTRODUCE A DEFINITIVE QUANTITATIVE LIMIT 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 .

IN RESPECT OF THE COUNTRY LISTED IN ANNEX XII , THE TIME LIMITS REFERRED TO ABOVE SHALL BE REDUCED BY HALF .

8 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 6 SHALL BE CONCLUDED , AND THE MEASURES PROVIDED FOR EITHER IN PARAGRAPHS 5 AND 7 , OR IN THE ARRANGEMENTS OR JOINT CONCLUSIONS REFERRED TO IN PARAGRAPH 6 SHALL BE DECIDED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 .

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 THE SAME SUPPLIER COUNTRY .

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 14 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 THE SUPPLIER COUNTRY CONCERNED IN THE CONTEXT OF THE CONSULTATION PROCEDURE LAID DOWN IN ARTICLE 14 .

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 THE SUPPLIER COUNTRY IN WHICH THEY ORIGINATE 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 AND 4 AND 6 TO 10 , SAVE AS OTHERWISE PROVIDED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 .

ARTICLE 12

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 COUNTRY OF ORIGIN AND CATEGORY OF PRODUCTS , FOR WHICH IMPORT AUTHORIZATIONS HAVE BEEN ISSUED DURING THE PRECEDING MONTH .

2 . FOR THE TEXTILE PRODUCTS CITED IN ANNEX VII AND ORIGINATING IN THE SUPPLIER COUNTRIES LISTED IN ANNEX VIII , MEMBER STATES SHALL NOTIFY THE COMMISSION WITHIN THE FIRST 10 DAYS OF EACH MONTH OF THE TOTAL QUANTITIES IN THE APPROPRIATE UNITS AND BY COUNTRY OF ORIGIN AND CATEGORY OF PRODUCTS , FOR WHICH IMPORT DOCUMENTS HAVE BEEN ISSUED IN ACCORDANCE WITH ARTICLE 4 ( 2 ) DURING THE PRECEDING MONTH .

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 COUNTRY OF ORIGIN AND 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 COUNTRY OF ORIGIN AND 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 15 .

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 15 .

6 . MEMBER STATES SHALL NOTIFY THE COMMISSION UNDER CONDITIONS SET IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 , OF ALL OTHER PARTICULARS DEEMED UNDER THAT PROCEDURE TO BE NECESSARY IN ORDER TO ENSURE COMPLIANCE WITH THE OBLIGATIONS AGREED BETWEEN THE COMMUNITY AND THE SUPPLIER COUNTRIES .

ARTICLE 13

1 . WHERE , FOLLOWING THE ENQUIRIES CARRIED OUT IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED UNDER ANNEX V , THE COMMISSION NOTES THAT THE INFORMATION IN ITS POSSESSION CONSTITUTES PROOF THAT PRODUCTS ORIGINATING IN A SUPPLIER COUNTRY LISTED IN ANNEX II AND SUBJECT TO THE QUANTITATIVE LIMITS REFERRED TO IN ARTICLE 3 OR INTRODUCED UNDER ARTICLE 11 HAVE BEEN TRANSHIPPED , RE-ROUTED OR OTHERWISE IMPORTED INTO THE COMMUNITY THROUGH CIRCUMVENTION OF SUCH QUANTITATIVE LIMITS AND THAT THERE IS NEED FOR THE NECESSARY ADJUSTMENTS TO BE MADE , IT SHALL REQUEST THAT CONSULTATIONS BE OPENED , IN ACCORDANCE WITH THE PROCEDURE DESCRIBED IN ARTICLE 14 , SO THAT AGREEMENT MAY BE REACHED ON AN EQUIVALENT ADJUSTMENT OF THE CORRESPONDING QUANTITATIVE LIMITS .

2 . PENDING THE OUTCOME OF THE CONSULTATIONS REFERRED TO IN PARAGRAPH 1 , THE COMMISSION MAY ASK THE SUPPLIER COUNTRY CONCERNED TO TAKE THE NECESSARY PRECAUTIONARY STEPS TO ENSURE THAT ADJUSTMENTS TO THE QUANTITATIVE LIMITS AGREED ON FOLLOWING SUCH CONSULTATIONS MAY BE CARRIED OUT FOR THE YEAR IN WHICH THE REQUEST FOR CONSULTATIONS WAS LODGED OR FOR THE FOLLOWING YEAR , IF THE QUANTITATIVE LIMIT FOR THE CURRENT YEAR IS EXHAUSTED , WHERE THERE IS CLEAR EVIDENCE OF CIRCUMVENTION .

THIS PARAGRAPH SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX XII .

3 . IF THE COMMUNITY AND THE SUPPLIER COUNTRY FAIL TO ARRIVE AT A SATISFACTORY SOLUTION WITHIN THE PERIOD STIPULATED IN ARTICLE 14 AND IF THE COMMISSION NOTES THAT THERE IS CLEAR EVIDENCE OF CIRCUMVENTION , IT SHALL DEDUCT FROM THE QUANTITATIVE LIMITS AN EQUIVALENT VOLUME OF PRODUCTS ORIGINATING IN THE SUPPLIER COUNTRY CONCERNED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 .

4 . IN THE CASE OF THE COUNTRIES LISTED IN ANNEX XII , THIS ARTICLE SHALL APPLY ALSO TO IMPORTS AFTER 1 JANUARY 1982 . THIS ARTICLE SHALL ALSO APPLY TO IMPORTS PRIOR TO THAT DATE WHERE ANY CONSULTATIONS FOR THE ADJUSTMENT OF QUANTITATIVE LIMITS WHICH MAY HAVE BEEN OPENED WITH THE SUPPLIER COUNTRY CONCERNED BEFORE THE ENTRY INTO FORCE OF THIS REGULATION HAVE NOT YET PRODUCED A MUTUALLY SATISFACTORY SOLUTION .

ARTICLE 14

1 . THE COMMISSION SHALL CONDUCT THE CONSULTATIONS REFERRED TO IN THE REGULATION OTHER THAN THOSE REFERRED TO IN PARAGRAPH 2 OF THIS ARTICLE , IN ACCORDANCE WITH THE FOLLOWING RULES :

- THE COMMISSION SHALL NOTIFY THE SUPPLIER COUNTRY CONCERNED 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 .

2 . THE CONSULTATIONS REFERRED TO IN ARTICLE 5 OF THIS REGULATION AND THOSE HELD WITH THE COUNTRY LISTED IN ANNEX XII SHALL BE GOVERNED BY THE FOLLOWING RULES :

- THE COMMISSION SHALL NOTIFY THE SUPPLIER COUNTRY CONCERNED OF THE REQUEST FOR CONSULTATIONS , TOGETHER WITH 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 15 DAYS AT THE LATEST OF NOTIFICATION OF THE REQUEST , WITH A VIEW TO REACHING AGREEMENT OR A MUTUALLY ACCEPTABLE CONCLUSION WITHIN 15 DAYS AT THE LATEST .

ARTICLE 15

1 . A TEXTILE COMMITTEE , 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 . 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 ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .

5 . ( 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 .

6 . THE CHAIRMAN MAY , ON HIS OWN INITIATIVE OR AT THE REQUEST OF ONE OF THE MEMBER STATES' REPRESENTATIVES , CONSULT THE COMMITTEE ABOUT ANY OTHER MATTER RELATING TO THE OPERATION OF THIS REGULATION .

ARTICLE 16

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 17

AMENDMENTS TO THE ANNEXES TO THIS REGULATION WHICH MAY BE NECESSARY TO TAKE INTO ACCOUNT THE CONCLUSION , AMENDMENT OR EXPIRY OF AGREEMENTS WITH THIRD COUNTRIES OR AMENDMENTS MADE TO COMMUNITY RULES ON STATISTICS , CUSTOMS ARRANGEMENTS OR COMMON IMPORT ARRANGEMENTS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 15 OF THIS REGULATION .

ARTICLE 18

THE PRESENT REGULATION REPLACES REGULATION ( EEC ) NO 3059/78 . ANY REFERENCE TO REGULATION ( EEC ) NO 3059/78 SHALL BE UNDERSTOOD AS A REFERENCE TO THIS REGULATION .

ARTICLE 19

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 OJ L NO 374 OF 31 . 12 . 82

Council Regulation (EEC) No 3589/82 of 23 December 1982 on common rules for imports of certain textile products originating in third countries

Modified by

Commission Regulation (EEC) No 461/85 of 21 February 1985 amending quantitative limits fixed for imports of certain textile products (categories 1 and 2) originating in Peru