COUNCIL REGULATION (EEC) N° 2135/89
of 12 June 1989
on common rules for imports of certain textile products originating in the People's Republic of China
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 in 1988 the European Economic Community negotiated an Agreement with the People's Republic of China (hereinafter referred to as 'China') on trade in textile products (1); (hereinafter referred to as 'the Agreement');
Whereas the Community and China have decided that the provisions of this Agreement shall be fully implemented as from 1 January 1989 until 31 December 1992;
Whereas it is necessary, with a view to implementing the provisions of the Agreement to establish new specific common rules for imports of certain textile products originating in China;
Whereas it is necessary to ensure that the purpose of the Agreements should not be obstructed by defletion 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 Agreement is ensured by a double-checking system; whereas the effectiveness of these measures depends on the Community establishing a set of quantitative limits to be applied to imports of all products from China which 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 quantitative limits;
(1) OJ N° L 380, 31. 12. 1988, p. 1.
Whereas special rules are required for products re-imported under the arrangements for economic outward processing;
Whereas, in order to apply quantitative limits in conformity with the Agreement, 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 Agreement;
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 disparitities existing in the conditions for importation of these products into the Member States and the particularly sensitive position of the Community textile 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 the Agreement provides for the possibility of automatic transfers between the shares allocated to the Member States within the Community quantitative limit on the basis of increasing percentages from the first year of application of the Agreement onwards, with a view in particular to giving China more flexibility in using each Community quantitative limit;
Whereas it is also necessary to maintain 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 Agreement;
Whereas, in respect of certain textile products under limitations, the Agreement provides for a consultation procedure with China 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 China also agreed to limit its exports, from the time of the consultation request, to a level established in the Agreement; whereas, in the absence of agreement within the specified time limits, China agreed to limit the growth in its exports to a level established in the Agreement;
Whereas, in the case of products not subject to quantitative limitation, the Agreement 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 China on the introduction of quantitative limits; whereas China also undertakes to limit its exports from the date of a request for such consultations, at the level indicated by the Community; whereas, if no agreement is reached with China within the period stipulated, the Community may introduce quantitative limits at a specific annual or multiannual level;
Whereas the Agreement established a system of cooperation between the Community and China 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 China on an equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has been circumvented; whereas China also agreed to take the necessary measures to ensure that any adjustments could be rapidly applied; whereas, in the absence of agreement with China 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 Agreement, it is necessary to establish a rapid and efficient procedure for introducing such quantitative limits and concluding such Agreements with China;
Whereas, for practical reasons, it is convenient to make use, for the purposes enumerated above, of the management committee already set up by Regulation (EEC) N° 4136/86 (1);
Whereas the provisions of this Regulation must be applied in conformity which the Community's international obligations, in particular with those arising from the Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to imports into the Community of the textile products referred to in Annex I and originating in China.
2. The classification of products listed in Annex I shall be based on the combined nomenclature, without prejudice to
(1) OJ N° L 387, 31. 12. 1986, p. 42.
Article 3 (6). The procedures for the application of this paragraph are laid down in Annex V.
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 IV.
Article 3
1. The importation into the Community of the textile products listed in Annex III, originating in China and shipped between 1 January 1989 and 31 December 1992 shall be subject to the annual quantitative limits laid down in that Annex.
2. The release for free circulation in the Community of imports subject to the 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 11.
3. The authorized imports shall be charged against the quantitative limits laid down for the year in which the products are shipped in China. 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.
4. Imports of products not subject to quantitative limitation before 1 January 1989 which were in the course of shipment to the Community before that date shall not be subject to the quantitative limits referred to in this Article, provided that they were shipped in China before 1 January 1989.
Imports of products not subject to quantitative limitations before 1 January 1989, shipped in China on or after 1 January 1989, shall be subject to and charged against the quantitative limits referred to in paragraph 1. These limits shall not, however, prevent the importation of such products as were shipped in China between 1 January 1989 and the date of entry into force of this Regulation.
5. The release for free circulation of products the importation of which was subject to quantitative limitation before 1 January 1989 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 1989.
6. The definition of 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 16 where this proves necessary to ensure that any subsequent amendment to the combined nomenclature or any decision amending the classification of such products does not result in a reduction of such quantitative limits.
7. The quantitative limits fixed in Annex III may be adapted in accordance with the procedure laid down in Article 16 in order to take into account changes in classification occurring following the entry into force of the combined nomenclature.
Article 4
1. The 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 China in accordance with the provisions of Annex VI 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 and originating in China 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 China.
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. Where the Commission finds, in accordance with the procedure laid down in Article 16, that difficulties have arisen in the Community or any of its regions as a result of a sudden and substantial increase in one calendar year by comparison with the preceding year in imports of a Group I category product subject to the quantitative limits laid down in Article 3, originating in China, it may, with the approval of the Committee under the procedure set out in Article 16, open consultations with China, in accordance with the procedure set out in Article 15 with a view to seeking naturally acceptable solutions to the difficulties.
2. The consultations with the supplier country concerned which are provided for in paragraph 1 may lead to the conclusion of an arrangement between that supplier country and the Community or the adoption of joint conclusions.
3. The arrangements provided for in paragraph 2 shall be concluded and the measures provided for in the arrangements or joint conclusions referred to in paragraph 2 shall be adopted in accordance with the procedure laid down in Article 16.
Article 6
1. The quantitative limits referred to in Article 3 shall not apply to products placed in a free zone or imported under
the arrangements governing warehouses, temporary importation or inward processing (suspension system).
Where the products referred to in the preceding subparagraph are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 3 (2) shall apply and the products so released shall be charged against the 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 quantitative limit fixed pursuant to Article 3 and that these products have subsequently been re-exported outside the customs territory of the Community, they shall inform the Commission within four weeks of the quantities concerned and issue additional import authorizations for the same products and the same quantities in accordance with Article 3 (2).
Imports effected under cover of such authorizations shall not be charged against the quantitative limit for the current year or the following year.
Subject to the conditions laid down in Annex VII, re-imports 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.
Article 7
1. The Community quantitative limits shall be allocated in such a way as to ensure the best possible utilization of these quantitative limits and to attain progressively a more balanced penetration of the markets by means of improved burden sharing among the Member States.
2. The allocation of the Community quantitative limits shall be adjusted in accordance with the procedure laid down in Article 15 and according to the criteria established in paragraph 1 where this proves necessary, particularly in view of trends in patterns of trade, in order to ensure the best possible utilization of the limits.
3. Without prejudice to the provisions of paragraph 2, after 1 June each year China may, after notifying the Commission in advance, transfer the unused quantities of the
shares allocated to Member States of a Community quantitative limit provided for in Article 3 to the shares of the same limit allocated to other Member States, provided that less than 80 % of the share of the Member State from which the transfer is being made has been used and subject to the following percentages of the share to which the transfer is being made:
- 4 % in 1989,
- 8 % in 1990,
- 16 % in 1991.
The percentage in the fourth year of application of the Agreement shall be determined following consultations between the Parties.
4. 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
In order that the Community textile and clothing industry may benefit from the utilization of all the quantitative limits established in Annex III and in particular those established for categories 2, 3 and 37, and in order to contribute to the improvement of supplies to these industries of raw silk, silk waste, angora and cashmere, the Commission shall, at the request of one or more Member States, submit to the Chinese authorities before 1 December of each Agreement year a list of interested manufacturing and processing companies and, where appropriate, the quantities of products requested by the companies concerned.
Article 9
1. China may, after notifying the Commission in advance, utilize the shares allocated to Member State 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 7 % of the share for the year of actual utilization.
(c) 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 7 % of the share established for the category to which the transfer is made,
- transfers between categories 2 and 3 are governed by the provisions of the Appendix to Annex III,
- transfers between categories 4, 5, 6, 7 and 8 shall be authorized up to 7 % 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 7 % 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 points (a), (b) and (c) may not, in the course of any given year, cause a limit established for the category in question to be exceeded by more than 17 %.
2. In the event of recourse by China to the provisions of paragraph 1, 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 V.
3. Where a Member State's share has been increased by the application of paragraph 1 above or of Article 10, or where further possibilities for imports into that Member State have been created under Article 10, 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 10
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 quantitative limits laid down in Article 3 may be increased in accordance with the procedure laid down in Article 16 where it appears that additional imports are required.
3. As 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 referred to in Article 16, 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 11
1. The authorities of the Member States shall issue the import authorizations or equivalent documents provided for in Article 3 (2) up to the amount of their shares, taking into account the measures taken pursuant to Articles 5, 7, 9 and 10.
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 State 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 China. However, if the competent authorities of a Member State have not been informed by the competent authorities of China 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 12
1. The importation into the Community of textile products listed in Annex I, originating in China and not subject to the 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, not subject to the arrangements laid down in Annex VII and originating in China 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 II products: 5 %,
- for all categories of group III products: 10 %.
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:
Germany25,5 %,
Benelux9,5 %,
France16,5 %,
Italy13,5 %,
Denmark2,7 %,
Ireland0,8 %,
United Kingdom21,0 %,
Greece1,5 %,
Spain7,5 %,
Portugal1,5 %.
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 China.
5. Where the Commission finds, in accordance with the procedure laid down in Article 16, 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 16:
(a) it shall open consultations with China, in accordance with the procedure specified in Article 15, 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 China to limit exports of the products in the category concerned to the Community, or 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 consultation 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, 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 China 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.
(d) The Commission shall refer urgent cases to the Committee provided for in Article 16 within five working days of receipt of the request from the Member State or States setting out the reasons for urgency and
take a decision within five working days of the end of the Committee's deliberations.
(e) Measures taken pursuant to this paragraph shall be the subject of a Commission communication published without delay in the Offical Journal of the European Communities.
The consultations with China 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 Community and China 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.
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 16.
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 1988, of products of the same category in China.
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 China, in accordance with the procedure laid down in Article 15, 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 China in the context of the consultation procedure laid down in Article 15.
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 China 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, 4, 6, 7, 9, 10 and 11, save as otherwise provided in accordance with the procedure laid down in Article 16.
Article 13
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 months.
2. For the textile products referred to in Annex VI and originating in China, 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 documents have been issued in accordance with Article 4 (2) during the preceding month.
For the textile products referred to in Annexes I and II, Member States shall notify the Commission monthly, within 30 days of the end of each month, of the total quantities imported during that month, indicating the combined nomenclature code and using the units and, where appropriate, the supplementary units, used in that code. Imports shall be broken down according to the statistical procedures in force.
3. For products cited in paragraph 1 of Annex VI, 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 on exports for the preceding year. 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 16.
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 16.
6. Member States shall notify the Commission under conditions set in accordance with the procedure laid down in Article 16 of all other particulars deemed under that procedure to be necessary in order to ensure compliance with the obligations agreed between the Community and China.
7. In the urgent cases referred to in Article 12 (5) (d), the Member State or States concerned shall send the necessary
import statistics and economic data to the Commission and the other Member States by telex.
Article 14
1. Where, following the enquiries carried out in accordance with the procedures established under Annex IV, the Commission notes that the information in its possession constitutes proof that products originating in China and subject to the quantitative limits referred to in Article 3 or introduced under Article 12 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 15, 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 China 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.
3. If the Community and China fail to arrive at a satisfactory solution within the period stipulated in Article 15 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 China, in accordance with the procedure laid down in Article 16.
4. The agreements provided for in paragraph 1 shall be concluded and the measures provided for either in paragraph 3 or in the agreements referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 16.
Article 15
1. The Commission shall conduct the consultations referred to in the Regulation other than those referred to in paragraph 2, in accordance with the following rules:
- the Commission shall notify China 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 shall be governed by the following rules:
- the Commission shall notify China 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 16
1. The Committee referred to in this Article shall, for the purpose and period of application of this Regulation, be the Textile Committee set up under Article 15 of Regulation (EEC) N° 4136/86.
2. Where reference is made to the procedure laid down in this Article, the chairman, on his own initiative or at the request of a Member State, shall refer the matter to the Committee.
3. The Commission representative shall lay draft measures before the Committee. The Committee shall deliver an opinion on the draft measures within a period which may be fixed by the chairman in accordance with the degree of urgency of the matter. The Committee shall decide by the majority specified in Article 148 (2) of the EEC Treaty for the adoption of acts by the Council on a proposal from the Commission. In the case of votes within the Committee, the votes of Member States' representatives shall be weighted in accordance with the abovementioned Article. The chairman shall not vote.
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 present 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 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 17
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 18
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 16.
Article 19
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply which effect from 1 January 1989 until 31 December 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 12 June 1989.