+++++

( 1 ) OJ NO L 345 , 20 . 12 . 1980 , P . 1 .

( 2 ) OJ NO L 333 , 30 . 11 . 1978 , P . 5 .

( 3 ) OJ NO L 33 , 4 . 2 . 1984 , P . 2 .

COUNCIL REGULATION ( EEC ) NO 3203/84 OF 12 NOVEMBER 1984 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN HAND-MADE PRODUCTS ( 1985 )

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 , AS REGARDS CERTAIN HAND-MADE PRODUCTS , THE EUROPEAN ECONOMIC COMMUNITY HAS DECLARED ITS READINESS TO OPEN AN ANNUAL DUTY-FREE COMMUNITY TARIFF QUOTA OF AN OVERALL AMOUNT OF 5 000 000 UNITS OF ACCOUNT WITH A LIMIT OF 500 000 UNITS OF ACCOUNT FOR EACH TARIFF HEADING OR SUBHEADING IN QUESTION ; WHEREAS , IN PURSUANCE OF THE DECLARATION OF INTENT CONCERNING TRADE RELATIONS WITH CERTAIN ASIAN COUNTRIES , THE TOTAL AMOUNT OF THE QUOTA AND THE MAXIMUM FOR EACH TARIFF HEADING OR SUBHEADING WERE RAISED TO 10 000 000 AND 1 200 000 UNITS OF ACCOUNT RESPECTIVELY ; WHEREAS THE AMOUNT OF 10 000 000 UNITS OF ACCOUNT HAS BEEN INCREASED BY 2 % WITH EFFECT FROM 1 JANUARY 1983 , TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC ; WHEREAS PRODUCTS MAY , HOWEVER , BE ADMITTED UNDER THE COMMUNITY TARIFF QUOTA ONLY ON THE SUBMISSION TO THE COMMUNITY'S CUSTOMS AUTHORITIES OF A DOCUMENT ISSUED BY THE RECOGNIZED AUTHORITIES OF THE COUNTRY OF MANUFACTURE CERTIFYING THAT THE GOODS CONCERNED ARE HAND-MADE ; WHEREAS THE SPECIMEN CERTIFICATE OF MANUFACTURE HAS BEEN ADAPTED TO MAKE IT CONFORM WITH THE LAYOUT KEY RECOMMENDED BY THE ECONOMIC COMMISSION FOR EUROPE IN GENEVA FOR DOCUMENTS USED IN EXTERNAL TRADE ; WHEREAS IT IS ACCORDINGLY APPROPRIATE TO OPEN THE TARIFF QUOTA IN QUESTION WITH EFFECT FROM 1 JANUARY 1985 UP TO THE ABOVEMENTIONED AMOUNT AND IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 3308/80 OF 16 DECEMBER 1980 ON THE REPLACEMENT OF THE EUROPEAN UNIT OF ACCOUNT BY THE ECU IN COMMUNITY LEGAL INSTRUMENTS ( 1 ) ;

WHEREAS EQUAL AND CONTINUOUS ACCESS TO THE QUOTA SHOULD BE ENSURED FOR ALL COMMUNITY IMPORTERS AND THE RATE LAID DOWN FOR THE TARIFF QUOTA SHOULD BE APPLIED CONSISTENTLY TO ALL IMPORTS UNTIL THE QUOTA IS USED UP ; WHEREAS A SYSTEM OF UTILIZATION OF THE COMMUNITY TARIFF QUOTA BASED ON AN ALLOCATION BETWEEN THE MEMBER STATES CONCERNED WOULD , IN THE LIGHT OF THE PRINCIPLES OUTLINED ABOVE , APPEAR CONSISTENT WITH THE COMMUNITY NATURE OF THE QUOTA ; WHEREAS , TO REPRESENT AS CLOSELY AS POSSIBLE THE ACTUAL DEVELOPMENT OF THE MARKET IN THE SAID GOODS , THE ALLOCATION SHOULD FOLLOW PROPORTIONATELY THE REQUIREMENTS OF THE MEMBER STATES CALCULATED BOTH FROM STATISTICS OF IMPORTS FROM THIRD COUNTRIES DURING A REPRESENTATIVE REFERENCE PERIOD AND ACCORDING TO THE ECONOMIC OUTLOOK FOR THE TARIFF YEAR IN QUESTION ;

WHEREAS , HOWEVER , THERE IS NO SPECIFIC CLASSIFICATION OF THE SAID GOODS IN THE STATISTICAL NOMENCLATURES ; WHEREAS IT HAS THUS BEEN IMPOSSIBLE TO COLLECT SUFFICIENTLY PRECISE AND REPRESENTATIVE STATISTICS ; WHEREAS THE EXTENT TO WHICH THE CURRENT COMMUNITY TARIFF QUOTA HAS BEEN USED IS NOT SUCH THAT THE REAL REQUIREMENTS OF EACH OF THE MEMBER STATES CAN BE FIRMLY ASCERTAINED ; WHEREAS THE ONLY POSSIBILITY IS , THEREFORE , TO DIVIDE THE TARIFF QUOTA VOLUME INTO NINE PARTS , OF WHICH ONE EACH WOULD BE ALLOCATED TO THE BENELUX COUNTRIES , DENMARK , THE FEDERAL REPUBLIC OF GERMANY , GREECE , FRANCE , IRELAND , ITALY AND THE UNITED KINGDOM , THE LAST PART BEING HELD IN RESERVE TO COVER THE LATER REQUIREMENTS OF MEMBER STATES WHICH USE UP THEIR INITIAL SHARES ;

WHEREAS THE INITIAL SHARES MAY BE USED UP AT DIFFERENT RATES ; WHEREAS , THEREFORE , TO AVOID DISRUPTION OF SUPPLIES , ANY MEMBER STATE WHICH HAS ALMOST USED UP ITS INITIAL SHARE SHOULD DRAW A SUPPLEMENTARY SHARE FROM THE COMMUNITY RESERVE ; WHEREAS THIS MUST BE DONE BY EACH MEMBER STATE AS EACH ONE OF ITS SUPPLEMENTARY SHARES IS ALMOST USED UP , AND AS MANY TIMES AS THE RESERVE ALLOWS ; WHEREAS THE INITIAL AND SUPPLEMENTARY SHARES MUST BE VALID UNTIL THE END OF THE QUOTA PERIOD ; WHEREAS THIS FORM OF ADMINISTRATION REQUIRES CLOSE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION , AND THE COMMISSION MUST BE IN A POSITION TO FOLLOW THE EXTENT TO WHICH THE TARIFF QUOTA HAS BEEN USED UP AND INFORM THE MEMBER STATES ACCORDINGLY ; WHEREAS THIS COLLABORATION MUST BE ALL THE CLOSER SINCE IT DOES NOT SEEM NECESSARY , AT PRESENT , TO PROVIDE FOR SPECIAL MEASURES IN THIS REGULATION TO AVOID EXCEEDING THE MAXIMUM ALLOCATION OF 1 200 000 ECU PER TARIFF HEADING OR SUBHEADING ;

WHEREAS IF , AT A GIVEN DATE IN THE QUOTA PERIOD , A MEMBER STATE HAS A CONSIDERABLE QUANTITY LEFT OVER , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PERCENTAGE THEREOF TO THE RESERVE SO AS TO AVOID A PART OF THE COMMUNITY TARIFF QUOTA REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ;

WHEREAS , SINCE THE KINGDOM OF BELGIUM , THE KINGDOM OF THE NETHERLANDS AND THE GRAND DUCHY OF LUXEMBOURG ARE UNITED WITHIN AND JOINTLY REPRESENTED BY THE BENELUX ECONOMIC UNION , ANY OPERATION CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1985 , A COMMUNITY TARIFF QUOTA OF A VOLUME CORRESPONDING TO A VALUE OF 10 200 000 ECU SHALL BE OPENED FOR THE PRODUCTS LISTED BELOW , SUBJECT TO A MAXIMUM OF 1 200 000 ECU FOR EACH TARIFF HEADING OR SUBHEADING IN THE LIST :

CCT HEADING NO * DESCRIPTION

42.02 * TRAVEL GOODS ( FOR EXAMPLE TRUNKS , SUIT-CASES , HAT-BOXES , TRAVELLING-BAGS , RUCKSACKS ) , SHOPPING-BAGS , HANDBAGS , SATCHELS , BRIEF-CASES , WALLETS , PURSES , TOILET-CASES , TOOL-CASES , TOBACCO-POUCHES , SHEATHS , CASES , BOXES ( FOR EXAMPLE FOR ARMS , MUSICAL INSTRUMENTS , BINOCULARS , JEWELLERY , BOTTLES , COLLARS , FOOTWEAR BRUSHES ) AND SIMILAR CONTAINERS , OF LEATHER OR COMPOSITION LEATHER , OF VULCANIZED FIBRE , OF ARTIFICIAL PLASTIC SHEETING , OF PAPERBOARD OR OF TEXTILE FABRIC :

* B . OF MATERIALS OTHER THAN ARTIFICIAL PLASTIC SHEETING

42.03 * ARTICLES OF APPAREL AND CLOTHING ACCESSORIES , OF LEATHER OR OF COMPOSITION LEATHER :

* C . OTHER CLOTHING ACCESSORIES

44.24 * HOUSEHOLD UTENSILS OF WOOD

44.27 * STANDARD LAMPS , TABLE LAMPS AND OTHER LIGHTING FITTINGS , OF WOOD ; ARTICLES OF FURNITURE , OF WOOD , NOT FALLING WITHIN CHAPTER 94 ; CASKETS , CIGARETTE BOXES , TRAYS , FRUIT BOWLS , ORNAMENTS AND OTHER FANCY ARTICLES , OF WOOD ; CASES FOR CUTLERY , FOR DRAWING INSTRUMENTS OR FOR VIOLINS , AND SIMILAR RECEPTACLES , OF WOOD ; ARTICLES OF WOOD FOR PERSONAL USE OR ADORNMENT OF A KIND NORMALLY CARRIED IN THE POCKET , IN THE HANDBAG OR ON THE PERSON ; PARTS OF THE FOREGOING ARTICLES , OF WOOD

48.21 * OTHER ARTICLES OF PAPER PULP , PAPER , PAPERBOARD OR CELLULOSE WADDING :

* D . BED LINEN , TABLE LINEN , TOILET LINEN ( INCLUDING HANDKERCHIEFS AND CLEANSING TISSUES ) AND KITCHEN LINEN ; GARMENTS

* F . OTHER :

* I . ARTICLES OF A KIND USED FOR SURGICAL , MEDICAL OR HYGIENIC PURPOSES , NOT PUT UP FOR RETAIL SALE

* II . OTHER

EX 55.09 * OTHER WOVEN FABRICS OF COTTON :

* - FABRICS , HAND-DYED OR HAND-PRINTED BY THE " BATIK " METHOD

58.01 * CARPETS , CARPETING AND RUGS , KNOTTED ( MADE UP OR NOT ) :

* A . OF WOOL OR OF FINE ANIMAL HAIR :

* I . CONTAINING A TOTAL OF MORE THAN 10 % BY WEIGHT OF SILK OR OF WASTE SILK OTHER THAN NOIL

* B . OF SILK , OF WASTE SILK OTHER THAN NOIL , OF SYNTHETIC TEXTILE FIBRES , OF YARN FALLING WITHIN HEADING NO 52.01 OR OF METAL THREADS

* C . OF OTHER TEXTILE MATERIALS

58.10 * EMBROIDERY , IN THE PIECE , IN STRIPS OR IN MOTIFS

59.02 * FELT AND ARTICLES OF FELT , WHETHER OR NOT IMPREGNATED OR COATED :

* EX B . OTHER :

* - CARPETS , MATS

60.05 * OUTER GARMENTS AND OTHER ARTICLES , KNITTED OR CROCHETED , NOT ELASTIC NOR RUBBERIZED :

* A . OUTER GARMENTS AND CLOTHING ACCESSORIES :

* II . OTHER :

* B ) OTHER :

* 4 . OTHER OUTER GARMENTS :

* BB ) JERSEYS , PULLOVERS , SLIP-OVERS , WAISTCOATS , TWINSETS , CARDIGANS , BED JACKETS AND JUMPERS :

* 11 . MEN'S AND BOY'S :

* EX BBB ) OF FINE ANIMAL HAIR :

* - JERSEYS , PULLOVERS , SLIP-OVERS

* 22 . WOMEN'S , GIRLS' AND INFANTS' :

* EX CCC ) OF FINE ANIMAL HAIR :

* - JERSEYS , PULLOVERS , SLIP-OVERS

* LL ) OTHER OUTER GARMENTS :

* EX 11 . OF WOOL OR OF FINE ANIMAL HAIR

* - PONCHOS IN FINE ANIMAL HAIR

61.01 * MEN'S AND BOYS' OUTER GARMENTS :

* B . OTHER :

* V . OTHER :

* B ) OVERCOATS , RAINCOATS AND OTHER COATS , CLOAKS AND CAPES :

* EX 1 . OF WOOL OR OF FINE ANIMAL HAIR :

* - PONCHOS

* MEN'S AND BOYS' OUTER GARMENTS :

* EX B . OTHER :

* - ARTICLES HAND-DYED OR HAND-PRINTED BY THE " BATIK " METHOD

EX 61.02 * WOMEN'S , GIRLS' AND INFANTS' OUTER GARMENTS :

* - GARMENTS , HAND-DYED OR HAND-PRINTED BY THE " BATIK " METHOD

61.02 * WOMEN'S , GIRLS' AND INFANTS' OUTER GARMENTS :

* B . OTHER :

* II . OTHER :

* E ) OTHER :

* 2 . COATS AND RAINCOATS ; CLOAKS AND CAPES :

* EX AA ) OF WOOL OR OF FINE ANIMAL HAIR :

* - PONCHOS AND CAPES IN WOOL

* - PONCHOS IN FINE ANIMAL HAIR

* 5 . SKIRTS , INCLUDING DIVIDED SKIRTS :

* EX AA ) OF WOOL OR OF FINE ANIMAL HAIR :

* - SKIRTS , SKIRTLENGTHS , IN WOOL

61.05 * HANDKERCHIEFS :

* A . OF COTTON FABRIC

61.06 * SHAWLS , SCARVES , MUFFLERS , MANTILLAS , VEILS AND THE LIKE

61.07 * TIES , BOW TIES AND CRAVATS

61.11 * MADE UP ACCESSORIES FOR ARTICLES OF APPAREL ( FOR EXAMPLE , DRESS SHIELDS , SHOULDER AND OTHER PADS , BELTS , MUFFS , SLEEVE PROTECTORS , POCKETS ) , ETC .

62.01 * TRAVELLING RUGS AND BLANKETS

62.02 * BED LINEN , TABLE LINEN , TOILET LINEN AND KITCHEN LINEN ; CURTAINS AND OTHER FURNISHING ARTICLES :

* EX B . OTHER :

* - COTTON FABRIC ARTICLES , HAND-DYED OR HAND-PRINTED BY THE " BATIK " METHOD

62.02 * BED LINEN , TABLE LINEN , TOILET LINEN AND KITCHEN LINEN ; CURTAINS AND OTHER FURNISHING ARTICLES :

* B . OTHER :

* IV . CURTAINS AND OTHER FURNISHING ARTICLES :

* EX C ) OF OTHER TEXTILE MATERIALS :

* - DOUBLE CURTAINS IN WOOL

62.05 * OTHER MADE-UP TEXTILE ARTICLES ( INCLUDING DRESS PATTERNS )

64.05 * PARTS OF FOOTWEAR ( INCLUDING UPPERS , IN-SOLES AND SCREW-ON HEELS ) OF ANY MATERIAL EXCEPT METAL

EX 65.05 * HATS AND OTHER HEADGEAR ( INCLUDING HAIRNETS ) KNITTED OR CROCHETED , OR MADE UP FROM LACE , FELT OR OTHER TEXTILE FABRIC IN THE PIECE ( BUT NOT FROM STRIPS ) , WHETHER OR NOT LINED OR TRIMMED :

* - BERETS , IN WOOL

66.02 * WALKING-STICKS ( INCLUDING CLIMBING-STICKS AND SEAT-STICKS ) , CANES , WHIPS , RIDING-CROPS AND THE LIKE

68.02 * WORKED MONUMENTAL OR BUILDING STONE , AND ARTICLES THEREOF ( INCLUDING MOSAIC CUBES ) , OTHER THAN GOODS FALLING WITHIN HEADING NO 68.01 OR WITHIN CHAPTER 69 :

* A . WORKED MONUMENTAL OR BUILDING STONE :

* IV . CARVED

74.18 * OTHER ARTICLES OF A KIND COMMONLY USED FOR DOMESTIC PURPOSES , SANITARY WARE FOR INDOOR USE AND PARTS OF SUCH ARTICLES AND WARE , OF COPPER

74.19 * OTHER ARTICLES OF COPPER

83.06 * STATUETTES AND OTHER ORNAMENTS OF A KIND USED INDOORS , OF BASE METAL ; PHOTOGRAPHY , PICTURE AND SIMILAR FRAMES , OF BASE METAL ; MIRRORS OF BASE METAL :

* A . STATUETTES AND OTHER ORNAMENTS OF A KIND USED INDOORS

83.07 * LAMPS AND LIGHTING FITTINGS , OF BASE METAL , AND PARTS THEREOF , OF BASE METAL :

* B . OTHER

EX 83.09 * CLASPS , FRAMES WITH CLASPS FOR HANDBAGS AND THE LIKE , BUCKLES , BUCKLE-CLASPS , HOOKS , EYES , EYELETS , AND THE LIKE , OF BASE METAL , OF A KIND COMMONLY USED FOR CLOTHING , TRAVEL GOODS , HANDBAGS OR OTHER TEXTILE OR LEATHER GOODS ; TUBULAR RIVETS AND BIFURCATED RIVETS , OF BASE METAL ; BEADS AND SPANGLES , OF BASE METAL :

* - BEADS AND SPANGLES , OF BASE METAL

83.11 * BELLS AND GONGS , NON-ELECTRIC , OF BASE METAL , AND PARTS THEREOF OF BASE METAL

94.03 * OTHER FURNITURE AND PARTS THEREOF

95.05 * WORKED TORTOISE-SHELL , MOTHER OF PEARL , IVORY , BONE , HORN , CORAL ( NATURAL OR AGGLOMERATED ) AND OTHER ANIMAL CARVING MATERIAL , AND ARTICLES OF THOSE MATERIALS :

* B . OTHER :

* II . OTHER

95.08 * WORKED VEGETABLE OR MINERAL CARVING MATERIAL AND ARTICLES OF THOSE MATERIALS ; MOULDED OR CARVED ARTICLES OF WAX , OF STEARIN , OF NATURAL GUMS OR NATURAL RESINS ( FOR EXAMPLE , COPAL OR ROSIN ) OR OF MODELLING PASTES , AND OTHER MOULDED OR CARVED ARTICLES NOT ELSEWHERE SPECIFIED OR INCLUDED ; WORKED , UNHARDENED GELATIN ( EXCEPT GELATIN FALLING WITHIN HEADING NO 35.03 ) AND ARTICLES OF UNHARDENED GELATIN :

* B . OTHER

97.02 * DOLLS :

* EX A . DOLLS ( DRESSED OR UNDRESSED ) :

* - DOLLS DRESSED IN A FOLK COSTUME REPRESENTATIVE OF THE COUNTRY OF ORIGIN

97.03 * OTHER TOYS : WORKING MODELS OF A KIND USED FOR RECREATIONAL PURPOSES :

* A . OF WOOD

2 . ADMISSION UNDER THIS QUOTA SHALL , HOWEVER , BE GRANTED ONLY FOR PRODUCTS ACCOMPANIED BY A CERTIFICATE RECOGNIZED BY THE COMPETENT AUTHORITIES OF THE COMMUNITY AND CONFORMING TO ONE OF THE EXAMPLES IN ANNEX I , ISSUED BY ONE OF THE RECOGNIZED AUTHORITIES OF THE COUNTRY OF MANUFACTURE APPEARING IN ANNEX II AND CERTIFYING THAT THE GOODS IN QUESTION ARE HAND-MADE . THE GOODS MUST IN ADDITION BE ACCEPTED AS HAND-MADE BY THE COMPETENT AUTHORITIES OF THE COMMUNITY .

3 . WITHIN THIS COMMUNITY TARIFF QUOTA THE COMMON CUSTOMS TARIFF DUTIES SHALL BE TOTALLY SUSPENDED .

WITHIN THE LIMITS OF THIS TARIFF QUOTA , GREECE SHALL APPLY DUTIES CALCULATED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE 1979 ACT OF ACCESSION .

ARTICLE 2

1 . A FIRST INSTALMENT OF 6 580 000 ECU SHALL BE ALLOCATED AMONG THE MEMBER STATES ; THE RESPECTIVE SHARES OF THE MEMBER STATES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID FROM 1 JANUARY TO 31 DECEMBER 1985 , SHALL CORRESPOND TO THE FOLLOWING VALUES :

( ECU )

BENELUX 1 275 000

DENMARK 278 540

GERMANY 1 513 720

GREECE 16 320

FRANCE 1 250 000

IRELAND 167 080

ITALY 772 140

UNITED KINGDOM 1 307 200

2 . THE SECOND INSTALMENT OF 3 620 000 ECU SHALL CONSTITUTE THE COMMUNITY RESERVE .

3 . REGULATIONS ( EEC ) NO 2779/79 ( 2 ) AND ( EEC ) NO 289/84 ( 3 ) SHALL APPLY FOR THE PURPOSES OF DETERMINING THE EQUIVALENT VALUE IN NATIONAL CURRENCIES OF AMOUNTS EXPRESSED IN ECU .

ARTICLE 3

1 . IF 90 % OR MORE OF A MEMBER STATE'S INITIAL SHARE AS SPECIFIED IN ARTICLE 2 ( 1 ) , OR OF THAT SHARE MINUS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 IS APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , TO THE EXTENT PERMITTED BY THE AMOUNT OF THE RESERVE .

2 . IF , AFTER ITS INITIAL SHARE HAS BEEN USED UP , 90 % OR MORE OF THE SECOND SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH THE CONDITIONS SET OUT IN PARAGRAPH 1 , DRAW A THIRD SHARE EQUAL TO 7,5 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER .

3 . IF , AFTER ITS SECOND SHARE HAS BEEN USED UP , 90 % OR MORE OF THE THIRD SHARE DRAWN BY A MEMBER STATE HAS BEEN USED UP , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH THE SAME CONDITIONS , DRAW A FOURTH SHARE EQUAL TO THE THIRD .

THIS PROCESS SHALL CONTINUE TO APPLY UNTIL THE RESERVE IS USED UP .

4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 , 2 AND 3 , A MEMBER STATE MAY DRAW LOWER SHARES THAN THOSE SPECIFIED THEREIN IF THERE ARE GROUNDS FOR BELIEVING THAT THOSE SPECIFIED MAY NOT BE USED UP . IT SHALL INFORM THE COMMISSION OF ITS REASONS FOR APPLYING THIS PARAGRAPH .

ARTICLE 4

SUPPLEMENTARY SHARES DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 DECEMBER 1985 .

ARTICLE 5

MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 OCTOBER 1985 , THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 SEPTEMBER 1985 , IS IN EXCESS OF 50 % OF THE INITIAL AMOUNT . THEY MAY RETURN A LARGER QUANTITY IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH QUANTITY MIGHT NOT BE USED .

MEMBER STATES SHALL NOTIFY THE COMMISSION , NOT LATER THAN 1 OCTOBER 1985 , OF THE TOTAL QUANTITIES OF THE SAID GOODS IMPORTED UP TO AND INCLUDING 15 SEPTEMBER 1985 AND CHARGED AGAINST THE COMMUNITY TARIFF QUOTA AND OF ANY PORTION OF THEIR INITIAL SHARE RETURNED TO THE RESERVE .

ARTICLE 6

THE COMMISSION SHALL KEEP AN ACCOUNT OF THE SHARES OPENED BY THE MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND SHALL , AS SOON AS IT HAS BEEN NOTIFIED , INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVE HAS BEEN USED UP .

IT SHALL INFORM THE MEMBER STATES , NOT LATER THAN 5 OCTOBER 1985 , OF THE AMOUNT STILL IN RESERVE AFTER AMOUNTS HAVE BEEN RETURNED THERETO PURSUANT TO ARTICLE 5 .

IT SHALL ENSURE THAT THE DRAWING WHICH EXHAUSTS THE RESERVE IS LIMITED TO THE BALANCE AVAILABLE AND TO THIS END SHALL SPECIFY THE AMOUNT THEREOF TO THE MEMBER STATE MAKING THE LAST DRAWING .

ARTICLE 7

1 . MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT SUPPLEMENTARY SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR ACCUMULATED SHARES IN THE COMMUNITY TARIFF QUOTA .

2 . MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE SAID GOODS HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

3 . MEMBER STATES SHALL CHARGE IMPORTS OF THE SAID GOODS AGAINST THEIR SHARES AS AND WHEN SUCH GOODS ARE ENTERED WITH THE CUSTOMS AUTHORITIES FOR FREE CIRCULATION .

4 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPH 3 .

ARTICLE 8

AT THE COMMISSION'S REQUEST , MEMBER STATES SHALL INFORM IT OF IMPORTS OF THE PRODUCTS CONCERNED ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 9

MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1985 .

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

DONE AT BRUSSELS , 12 NOVEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

P . BARRY