+++++

( 1 ) OJ NO C 294 , 5 . 11 . 1984 , P . 97 .

( 2 ) OJ NO C 337 , 17 . 12 . 1984 .

( 3 ) OJ NO C 343 , 27 . 12 . 1984 .

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

( 5 ) OJ NO L 147 , 4 . 6 . 1981 , P . 6 AND OJ NO L 41 , 14 . 2 . 1983 , P . 1 .

( 6 ) OJ NO L 175 , 12 . 7 . 1979 , P . 1 .

( 7 ) OJ NO L 297 , 29 . 10 . 1983 , P . 13 .

( 8 ) OJ NO L 161 , 17 . 7 . 1972 , P . 1 .

( 9 ) OJ NO L 307 , 27 . 11 . 1975 , P . 1 .

( 10 ) OJ NO L 183 , 14 . 7 . 1975 , P . 3 .

COUNCIL REGULATION ( EEC ) NO 3563/84 OF 18 DECEMBER 1984 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1985 TO TEXTILE PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,

WHEREAS IN ACCORDANCE WITH ITS OFFER MADE WITHIN THE CONTEXT OF THE UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT ( UNCTAD ) , THE EUROPEAN ECONOMIC COMMUNITY OPENED GENERALIZED TARIFF PREFERENCES , COMMENCING IN 1971 , WITH PARTICULAR REFERENCE TO FINISHED AND SEMI-FINISHED INDUSTRIAL PRODUCTS FROM DEVELOPING COUNTRIES ; WHEREAS THE INITIAL 10-YEAR PERIOD OF APPLICATION OF THIS SYSTEM OF PREFERENCES ENDED ON 31 DECEMBER 1980 ;

WHEREAS THE POSITIVE ROLE PLAYED BY THIS SYSTEM IN IMPROVING ACCESS FOR DEVELOPING COUNTRIES TO THE MARKETS OF THE PREFERENCE-GIVING COUNTRIES WAS RECOGNIZED AT THE NINTH SESSION OF THE UNCTAD SPECIAL COMMITTEE ON PREFERENCES : WHEREAS IT WAS THERE AGREED THAT THE OBJECTIVES OF THE GENERALIZED PREFERENCES SYSTEM WOULD NOT BE FULLY ATTAINED BY THE END OF 1980 , THAT IT SHOULD CONSEQUENTLY BE PROLONGED BEYOND THE INITIAL PERIOD AND THAT AN OVERALL REVIEW OF THE SYSTEM SHOULD TAKE PLACE IN 1990 ;

WHEREAS THE COMMUNITY HAS THEREFORE DECIDED TO APPLY GENERALIZED TARIFF PREFERENCES , IN THE CONTEXT OF THE CONCLUSIONS AGREED IN UNCTAD IN ACCORDANCE WITH THE INTENTION EXPRESSED IN THE SAID COMMITTEE , IN PARTICULAR BY ALL THE PREFERENCE-GIVING COUNTRIES ;

WHEREAS THE TEMPORARY AND NON-BINDING NATURE OF THE SYSTEM MEANS THAT THE OFFER CAN BE WITHDRAWN WHOLLY OR IN PART AT A LATER DATE , THUS MAINTAINING THE POSSIBILITY OF REMEDYING ANY UNFAVOURABLE SITUATIONS WHICH MIGHT ARISE IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP STATES ) AS A RESULT OF THE SYSTEM'S IMPLEMENTATION ;

WHEREAS , HOWEVER , MOST OF THE PREFERENCE-GIVING COUNTRIES EXCLUDE TEXTILE PRODUCTS FROM PREFERENTIAL TREATMENT ; WHEREAS , UNDER THE COMMUNITY SCHEME OF GENERALIZED PREFERENCES , THESE PRODUCTS HAVE ALWAYS BEEN COVERED BY SPECIAL ARRANGEMENTS PURSUANT TO WHICH , FOR COTTON TEXTILE AND SIMILAR PRODUCTS , THE PREFERENCES WERE ORIGINALLY GRANTED IN THE FORM OF DUTY-FREE CEILINGS ONLY TO THOSE BENEFICIARIES UNDER THE GENERALIZED PREFERENCES SCHEME WHICH WERE SIGNATORIES TO THE LONG-TERM ARRANGEMENT REGARDING INTERNATIONAL TRADE IN COTTON TEXTILES ( LTA ) OR WHICH UNDERTOOK VIS-A-VIS THE COMMUNITY COMMITMENTS SIMILAR TO THOSE EXISTING UNDER THAT ARRANGEMENT :

WHEREAS THE LONG-TERM ARRANGEMENT HAS BEEN REPLACED FROM 1980 ONWARDS BY THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES ( MFA ) , AND THE COMMUNITY HAS THEREFORE , IN THE CASE OF PRODUCTS COVERED BY THE MFA , RESERVED PREFERENCES IN THE FORM OF DUTY-FREE CEILINGS , FOR PRODUCTS ORIGINATING IN THOSE COUNTRIES OR TERRITORIES WHICH SIGNED BILATERAL AGREEMENTS , IN THE FRAMEWORK OF THE MFA , PROVIDING FOR QUANTITATIVE LIMITATION OF THEIR EXPORTS OF CERTAIN TEXTILE PRODUCTS TO THE COMMUNITY , OR IN THOSE COUNTRIES WHICH UNDERTOOK SIMILAR COMMITMENTS VIS-A-VIS THE COMMUNITY ; WHEREAS , SUCH COMMITMENTS HAVE BEEN UNDERTAKEN BY BOLIVIA , HONDURAS AND ECUADOR ; WHEREAS , FOR THESE PRODUCTS , IT IS THEREFORE DESIRABLE THAT THE COMMUNITY SHOULD CONTINUE TO APPLY THE GENERALIZED TARIFF PREFERENCES ON THE BASIS OF THE SAME PRINCIPLES UNTIL THE EXPIRY OF THE MFA AND THE BILATERAL AGREEMENTS CONCLUDED WITH CERTAIN SUPPLIER COUNTRIES ; WHEREAS , IN VIEW OF THE SPECIAL NATURE WHICH TRADE IN THE PRODUCTS CONCERNED MAY HAVE , IT WOULD APPEAR THAT THE VOLUMES OF PREFERENTIAL IMPORTS SHOULD BE DETERMINED IN TERMS OF TONNES , PIECES , OR PAIRS , AS APPROPRIATE , BY REFERENCE TO THE CATEGORIES INTO WHICH PRODUCTS ARE DIVIDED AND TO A UNIFORM PERCENTAGE , FOR EACH OF THE CATEGORIES , OF TOTAL IMPORTS INTO THE COMMUNITY IN 1981 ; WHEREAS , IN ORDER TO ENSURE THAT EACH OF THE COUNTRIES OR TERRITORIES REFERRED TO ABOVE HAS ACCESS TO THE PREFERENTIAL VOLUMES , SEPARATE TARIFF CEILINGS FOR EACH BENEFICIARY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , SHOULD BE SPECIFIED FOR EACH CATEGORY OF PRODUCTS ;

WHEREAS FOR PRODUCTS NOT COVERED BY THE MFA IT WOULD APPEAR POSSIBLE TO GRANT THE PREFERENCES TO THE COUNTRIES OR TERRITORIES WHICH ARE NORMALLY BENEFICIARIES IN THE OTHER INDUSTRIAL SECTORS ;

WHEREAS , FOR JUTE AND COIR PRODUCTS , IT WAS UNDERSTOOD THAT THE PREFERENCES WOULD BE GRANTED ONLY WHERE SPECIAL ARRANGEMENTS HAD BEEN MADE WITH THE EXPORTING DEVELOPING COUNTRIES ; WHEREAS THESE ARRANGEMENTS HAVE HITHERTO CONCERNED INDIA AND SRI LANKA FOR COIR PRODUCTS , AND INDIA AND THAILAND FOR JUTE PRODUCTS ; WHEREAS , IT WOULD APPEAR DESIRABLE TO MAINTAIN ALSO THE PREFERENTIAL ADVANTAGE TO THE LEAST-DEVELOPED COUNTRIES IN RESPECT OF JUTE AND COIR ;

WHEREAS , IN RESPECT OF TEXTILE PRODUCTS , TAKING ACCOUNT OF THE RENEWAL OF THE MFA AND THE CONCLUSION OF BILATERAL AGREEMENTS WITH CERTAIN SUPPLIER COUNTRIES OR TERRITORIES , A SUBSTANTIAL IMPROVEMENT IN THE ARRANGEMENTS WAS NOTED IN 1980 ; WHEREAS SUCH SUBSTANTIAL IMPROVEMENT WAS ONLY MADE POSSIBLE BY ENSURING THAT THE IMPROVEMENT CONTINUED TO BE COMPATIBLE WITH THE SITUATION IN THE COMMUNITY SECTOR CONCERNED AND BY ENSURING THAT A BETTER BALANCE WAS ACHIEVED IN THE DISTRIBUTION OF THE ADVANTAGES GRANTED TO THE BENEFICIARY COUNTRIES OR TERRITORIES ; WHEREAS , WHILST TAKING ACCOUNT OF THE SAME PREOCCUPATIONS AND ON THE BASIS OF THE SAME PRINCIPLES , A NEW IMPROVEMENT WAS MADE POSSIBLE FOR THE 1983 PREFERENTIAL EXERCISE IN RELATION TO THE VOLUMES OPENED ; WHEREAS AN INCREASE IN THE VOLUMES OF CERTAIN PREFERENTIAL ARRANGEMENTS WAS MADE POSSIBLE IN 1984 BY TAKING THE YEAR 1981 AS REFERENCE YEAR FOR THEIR CALCULATION ; WHEREAS , FOR 1985 AN INCREASE OF THE SAME LEVEL MAY BE POSSIBLE IN THE VOLUMES OF THE SAME PREFERENTIAL ARRANGEMENTS ;

WHEREAS , FOR THE PRODUCTS NOT COVERED BY THE MFA , THE OBJECTIVES REFERRED TO ABOVE MAY BE ACHIEVED BY PROVIDING , IN RESPECT OF EACH CATEGORY OF PRODUCTS , FOR TARIFF CEILINGS , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES ( BUT WITH INDIVIDUAL CEILINGS FOR EACH BENEFICIARY ) , SET AT A LEVEL CORRESPONDING IN GENERAL TO 28 % OF THE TOTAL VOLUME OF IMPORTS INTO THE COMMUNITY IN 1980 OF THE CATEGORY OF PRODUCTS IN QUESTION FROM ALL BENEFICIARIES ;

WHEREAS , IN THE MULTILATERAL TRADE NEGOTIATIONS , IN ACCORDANCE WITH PARAGRAPH 6 OF THE TOKYO DECLARATION , THE COMMUNITY REAFFIRMED THAT SPECIAL TREATMENT SHOULD BE GRANTED , WHEREVER THIS IS POSSIBLE , TO THE LEAST-DEVELOPED DEVELOPING COUNTRIES APPEARING ON THE LIST IN ANNEX V ;

WHEREAS THE BENEFIT OF SUCH PREFERENTIAL TARIFF TREATMENT SHOULD BE RESERVED FOR PRODUCTS ORIGINATING IN THE COUNTRIES OR TERRITORIES UNDER CONSIDERATION , THE CONCEPT OF " ORIGINATING PRODUCTS " BEING DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF COUNCIL REGULATION ( EEC ) NO 802/68 OF 27 JUNE 1968 ON THE COMMON DEFINITION OF THE CONCEPT OF ORIGIN OF GOODS ( 4 ) ;

WHEREAS THE COMMUNITY PREFERENCE ARRANGEMENTS APPLICABLE TO YUGOSLAVIA FOR TEXTILE PRODUCTS RESULT EXCLUSIVELY FROM THE PROVISIONS OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA ( 5 ) ;

WHEREAS , FROM 1 JANUARY 1981 , THE HELLENIC REPUBLIC HAS APPLIED THE COMMUNITY SCHEME OF GENERALIZED PREFERENCES , IN ACCORDANCE WITH ARTICLE 117 OF THE 1979 ACT OF ACCESSION ;

WHEREAS , CONSEQUENTLY , FOR 1985 THE COMMUNITY SHOULD OPEN :

- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS COVERED BY THE MFA WHICH ARE LISTED IN ANNEX I , SEPARATE COMMUNITY TARIFF CEILINGS FOR EACH BENEFICIARY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , AT A ZERO RATE OF DUTY WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED FOR EACH OF THE COUNTRIES OR TERRITORIES OF ORIGIN IN COLUMN 6 OR 7 OF THE SAID ANNEX ,

- IN RESPECT OF EACH OF THE CATEGORIES OF PRODUCTS NOT COVERED BY THE MFA , ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX IV , COMMUNITY TARIFF CEILINGS AT A ZERO RATE OF DUTY , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , BUT WITH SEPARATE CEILINGS FOR EACH BENEFICIARY , WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED IN COLUMN 6 OR 7 OF ANNEX II ,

- IN RESPECT OF THE MANUFACTURED JUTE AND COIR PRODUCTS LISTED IN ANNEX III , A TOTAL SUSPENSION OF CUSTOMS DUTIES FOR THE BENEFICIARY COUNTRIES SPECIFIED IN COLUMN 3 AGAINST EACH OF THE CATEGORIES OF PRODUCTS SHOWN IN COLUMN 2 ;

WHEREAS , AS REGARDS THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES :

- IT IS NECESSARY TO GUARANTEE TO ALL IMPORTERS EQUAL AND CONTINUOUS ACCESS TO THE ABOVEMENTIONED CEILINGS AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THOSE CEILINGS TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO ALL MEMBER STATES UNTIL THE CEILINGS HAVE BEEN USED UP ,

- HAVING REGARD TO THE ABOVEMENTIONED PRINCIPLES , IT WOULD APPEAR THAT THE COMMUNITY NATURE OF THE CEILINGS CAN BE RESPECTED BY ALLOCATING THEM AMONG THE MEMBER STATES ,

- THE ACTUAL CHARGES AGAINST THE CEILINGS MAY RELATE ONLY TO GOODS WHICH ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN ,

- IT WOULD BE ADVISABLE AT THIS STAGE TO ADOPT A FIXED SCALE FOR ALLOCATING THE CEILINGS CONCERNED AMONG THE MEMBER STATES ; WHEREAS , USING AS A BASIS GENERAL ECONOMIC CRITERIA RELATING TO EXTERNAL TRADE IN TEXTILES , AND IN PARTICULAR TO THE TREND OF TEXTILE IMPORTS INTO THE COMMUNITY , THE PERCENTAGES FOR THE MEMBER STATES' INITIAL SHARES OF THE COMMUNITY CEILINGS ARE AS FOLLOWS FOR THE YEAR UNDER CONSIDERATION :

BENELUX 10 %

DENMARK 3 %

GERMANY 28 %

GREECE 2 %

FRANCE 18 %

IRELAND 1 %

ITALY 15 %

UNITED KINGDOM 23 %

- WITHOUT AFFECTING THE COMMUNITY NATURE OF THE CEILINGS , IT APPEARS POSSIBLE TO PROVIDE AT THIS STAGE FOR A UTILIZATION SCHEME BASED ON A SINGLE ALLOCATION AMONG THE MEMBER STATES ; WHEREAS , AT THE PRESENT JUNCTURE , IT APPEARS FEASIBLE THAT SUCH ALLOCATION COULD , IN GENERAL , BE MADE ACCORDING TO THE PERCENTAGES SET OUT IN THE TABLE ABOVE ; WHEREAS , WITHIN THE FRAMEWORK OF THE NATIONAL SHARES , THE LEVYING OF NORMAL CUSTOMS DUTIES IS REINTRODUCED AS SOON AS POSSIBLE WHEN THE LEVEL OF EACH SHARE IS REACHED ,

- THE METHOD OF ADMINISTRATION OF THE CEILINGS MUST MAKE PROVISION FOR THE IMMEDIATE REINTRODUCTION OF THE LEVYING OF CUSTOMS DUTIES AS SOON AS THE SAID CEILINGS ARE REACHED AT COMMUNITY LEVEL ;

WHEREAS , AS REGARDS THE COMMUNITY TARIFF CEILINGS WHICH ARE NOT ALLOCATED AMONG THE MEMBER STATES THE OBJECTIVES SOUGHT MAY BE ACHIEVED BY APPLYING A METHOD OF ADMINISTRATION BASED ON THE CHARGING , AT COMMUNITY LEVEL , OF IMPORTS OF THE PRODUCTS IN QUESTION AGAINST THE CEILINGS AS AND WHEN THESE PRODUCTS ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN ; WHEREAS THIS METHOD OF ADMINISTRATION MUST MAKE PROVISION FOR THE REINTRODUCTION OF THE LEVYING OF CUSTOMS DUTIES AS SOON AS THE SAID CEILINGS ARE REACHED AT COMMUNITY LEVEL ;

WHEREAS THE METHODS OF ADMINISTRATION FOR THE PRODUCTS LISTED IN ANNEXES I AND II CALL FOR CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION , WHICH MUST , IN PARTICULAR , BE ABLE TO KEEP UNDER OBSERVATION THE EXTENT TO WHICH CHARGES ARE MADE AGAINST THE CEILINGS , WHETHER OR NOT ALLOCATED , AND INFORM MEMBER STATES THEREOF ; WHEREAS SUCH COOPERATION SHOULD BE PARTICULARLY CLOSE IN VIEW OF THE NEED FOR THE COMMISSION TO BE ABLE TO TAKE APPROPRIATE MEASURES TO REINTRODUCE CUSTOMS DUTIES , WHEN ANY OF THE CEILINGS IS REACHED AT COMMUNITY LEVEL ;

WHEREAS , HAVING REGARD TO THE RULES APPLYING TO THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES , AND IN PARTICULAR TO COUNCIL REGULATION ( EEC ) NO 1430/79 ( 6 ) AND COMMISSION REGULATION ( EEC ) NO 3040/83 ( 7 ) , A PROCEDURE SHOULD BE LAID DOWN TO REGULARIZE IMPORTS ACTUALLY MADE WITHIN THE PREFERENTIAL TARIFF LIMITS OPENED UNDER THIS REGULATION AND THUS PROVISION SHOULD BE MADE FOR THE COMMISSION TO BE ABLE TO TAKE APPROPRIATE MEASURES ;

WHEREAS IT IS NECESSARY TO ESTABLISH COMPLETE STATISTICS ON IMPORTS ADMITTED IN ACCORDANCE WITH THE PROVISIONS OF THIS REGULATION AND TO APPLY TO THE COLLECTION , PREPARATION AND TRANSMISSION OF THESE STATISTICS COUNCIL REGULATIONS ( EEC ) NO 1445/72 ( 8 ) , ( EEC ) NO 3065/75 ( 9 ) AND ( EEC ) NO 1736/75 ( 10 ) ;

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 MEASURE 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 1984 , THE COMMON CUSTOMS TARIFF DUTIES SHALL BE :

- TOTALLY SUSPENDED IN RESPECT OF THE JUTE AND COIR PRODUCTS LISTED IN ANNEX III ,

- TOTALLY SUSPENDED WITHIN THE FRAMEWORK OF COMMUNITY TARIFF CEILINGS , WHETHER OR NOT ALLOCATED AMONG THE MEMBER STATES , IN RESPECT OF THE PRODUCTS LISTED IN ANNEXES I AND II .

IMPORTS INTO GREECE OF THE PRODUCTS REFERRED TO ABOVE SHALL BE SUBJECT TO THE CUSTOMS DUTIES ESTABLISHED IN ACCORDANCE WITH ARTICLE 117 OF THE 1979 ACT OF ACCESSION .

2 . THE ARRANGEMENTS LAID DOWN IN PARAGRAPH 1 SHALL APPLY ONLY IN RESPECT OF PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES :

- SPECIFIED INDIVIDUALLY IN COLUMNS 5 OF ANNEX I OR LISTED IN ANNEX V ,

- LISTED IN ANNEX IV , AS REGARDS THE PRODUCTS LISTED IN ANNEX II ,

- LISTED IN COLUMN 3 OF ANNEX III AGAINST EACH OF THE CATEGORIES OF PRODUCTS SPECIFIED IN COLUMN 2 .

3 . PREFERENTIAL ENTRY AS PROVIDED FOR IN THIS REGULATION SHALL BE SUBJECT TO CONFORMITY WITH THE DEFINITION OF THE ORIGIN OF PRODUCTS DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 . HOWEVER , THE COMMUNITY PREFERENCE ARRANGEMENTS APPLICABLE IN RESPECT OF YUGOSLAVIA SHALL DERIVE EXCLUSIVELY FROM THE PROVISIONS OF THE AGREEMENT BETWEEN THE COMMUNITY AND YUGOSLAVIA .

4 . WITH REGARD TO CARPETS , CARPETING AND RUGS OF WOOL OR FINE ANIMAL HAIR FALLING WITHIN SUBHEADING 58.01 A II OF THE COMMON CUSTOMS TARIFF , THE CERTIFICATES OF ORIGIN FOR THESE PRODUCTS SHALL STATE THE NUMBER OF KNOTS PER METRE OF WARP .

5 . THE CEILINGS SHALL BE ADMINISTERED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .

SECTION I

PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS NOT ALLOCATED AMONG MEMBER STATES

ARTICLE 2

SUBJECT TO ARTICLES 3 AND 4 , PREFERENTIAL TARIFF TREATMENT SHALL BE ACCORDED , FOR EACH CATEGORY OF PRODUCTS SUBJECTED IN ANNEXES I AND II TO INDIVIDUAL CEILINGS NOT ALLOCATED AMONG THE MEMBER STATES AND WITHIN THE LIMITS OF THE QUANTITIES SPECIFIED IN COLUMN 7 OF ANNEXES I AND II RESPECTIVELY , TO CERTAIN OR EACH OF THE COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THOSE ANNEXES .

ARTICLE 3

AS SOON AS THE INDIVIDUAL CEILINGS DETERMINED IN ACCORDANCE WITH ARTICLE 2 ARE REACHED AT THE COMMUNITY LEVEL , THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN EACH OF THE COUNTRIES OR TERRITORIES CONCERNED MAY AT ANY TIME BE REINTRODUCED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .

ARTICLE 4

THE COMMISSION SHALL REINTRODUCE , BY MEANS OF A REGULATION , THE LEVYING OF CUSTOMS DUTIES IN RESPECT OF ANY ONE OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 3 .

BY MEANS OF A REGULATION , THE COMMISSION MAY , EVEN AFTER 31 DECEMBER 1985 , TAKE MEASURES TO STOP QUANTITIES BEING CHARGED AGAINST ONE OR OTHER PREFERENTIAL TARIFF LIMIT , IF , PARTICULARLY AS A RESULT OF REGULARIZATIONS OF IMPORTS ACTUALLY MADE DURING THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) , THESE LIMITS ARE EXCEEDED .

SECTION II

PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG MEMBER STATES

ARTICLE 5

THE TOTAL SUSPENSION OF CUSTOMS DUTIES WITHIN THE FRAMEWORK OF THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES , REFERRED TO IN ARTICLE 1 ( 1 ) , CONCERNS THE CATEGORIES OF PRODUCTS IN ANNEXES I AND II , FOR EACH OF WHICH THE VOLUME OF THE CEILING IS SPECIFIED INDIVIDUALLY IN COLUMN 6 OF THOSE ANNEXES WITH REGARD TO CERTAIN BENEFICIARY COUNTRIES OR TERRITORIES OF ORIGIN LISTED IN COLUMN 5 OF THE SAME ANNEXES .

ARTICLE 6

1 . THE INDIVIDUAL COMMUNITY TARIFF CEILINGS REFERRED TO IN ARTICLE 5 SHALL BE ALLOCATED IN ACCORDANCE WITH THE FOLLOWING SCALE :

BENELUX 10 %

DENMARK 3 %

GERMANY 28 %

GREECE 2 %

FRANCE 18 %

IRELAND 1 %

ITALY 15 %

UNITED KINGDOM 23 %

2 . EACH MEMBER STATE SHALL DETERMINE ITS OWN SHARE BY APPLYING THE APPROPRIATE PERCENTAGE TO THE VOLUMES INDICATED IN COLUMN 6 OF ANNEXES I AND II , ROUNDING UP THE RESULT TO THE NEXT HIGHER UNIT ( KILOGRAM , PIECE OR PAIR ) IF NECESSARY .

3 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 8 , WITHIN THE FRAMEWORK OF THE NATIONAL SHARES , THE LEVYING OF NORMAL CUSTOMS DUTIES SHALL BE REINTRODUCED AS SOON AS POSSIBLE WHEN THE LEVEL OF EACH SHARE IS REACHED .

ARTICLE 7

MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT IMPORTERS OF THE PRODUCTS CONCERNED HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

ARTICLE 8

THE COMMISSION SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE COMMUNITY TARIFF CEILINGS ALLOCATED AMONG THE MEMBER STATES ARE OBSERVED . WHEN THE CHARGES , AT COMMUNITY LEVEL , OF PRODUCTS ORIGINATING IN EACH OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 5 OF ANNEX I OR II AGAINST ANY OF THESE CEILINGS REACH THE CORRESPONDING AMOUNT SPECIFIED IN COLUMN 6 OF THE ABOVEMENTIONED ANNEXES , THE COMMISSION SHALL IMMEDIATELY NOTIFY THE MEMBER STATES OF THE DATE ON WHICH , AS A RESULT OF THIS FACT , THE NORMAL TARIFF IS TO BE REINTRODUCED IN RESPECT OF THE COUNTRY OR TERRITORY OR THE COUNTRIES OR TERRITORIES IN QUESTION . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

ARTICLE 9

BY 28 FEBRUARY 1986 AT THE LATEST , MEMBER STATES SHALL NOTIFY THE COMMISSION OF THE FINAL TOTAL OF THE QUANTITIES CHARGED AND ANY BALANCE OF SHARES STILL UNUSED AT 31 DECEMBER 1985 . UP TO THE LIMIT OF THE BALANCE REMAINING , AND AT THE REQUEST OF THE MEMBER STATES , THE COMMISSION SHALL AUTHORIZE THE MEMBER STATES TO MAKE ANY NECESSARY REGULARIZATION OF THE QUANTITIES CHARGED AGAINST IMPORTS ACTUALLY MADE DURING THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .

SECTION III

GENERAL PROVISIONS

ARTICLE 10

THE PROVISIONS CONCERNING REINTRODUCTION OF THE LEVYING OF NORMAL CUSTOMS DUTIES SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX V .

ARTICLE 11

1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE NATIONAL SHARES AND THE COMMUNITY CEILINGS AS AND WHEN THE PRODUCTS ARE ENTERED FOR FREE CIRCULATION AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN PURSUANT TO THE RULES REFERRED TO IN ARTICLE 1 ( 3 ) .

2 . GOODS MAY BE CHARGED AGAINST A CEILING OR ADMITTED UNDER A NATIONAL SHARE ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .

3 . THE EXTENT TO WHICH THE CEILINGS HAVE BEEN USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 .

4 . ANY AMENDMENT TO THE LIST OF BENEFICIARIES , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO THE VOLUME OF THE COMMUNITY CEILINGS .

ARTICLE 12

1 . THE MEMBER STATES SHALL , WITHIN SIX WEEKS OF THE END OF EACH QUARTER AT THE LATEST , FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE RELEVANT STATISTICAL DATA FOR THE PRODUCTS ENTERED FOR FREE CIRCULATION IN THE QUARTER CONCERNED UNDER GENERALIZED PREFERENTIAL TREATMENT IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT REGULATION . THIS DATA , TRANSMITTED ACCORDING TO THE HEADINGS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) , SHALL SHOW THE COUNTRY OF ORIGIN , VALUE , QUANTITY AND ANY SUPPLEMENTARY UNITS AS DEFINED BY REGULATION ( EEC ) NO 1736/75 .

2 . HOWEVER , IN THE CASE OF PRODUCTS SUBJECT TO ALLOCATED CEILINGS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD TO THE COMMISSION THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH . IN THE CASE OF PRODUCTS SUBJECT TO NON-ALLOCATED CEILINGS , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION , AT ITS REQUEST AND UNDER THE SAME CONDITIONS , THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH .

AT THE COMMISSION'S REQUEST , WHEN THE LEVEL OF 75 % OF THE NON-ALLOCATED CEILING IS REACHED , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION THE LISTS OF CHARGES EVERY 10 DAYS ; THESE LISTS SHALL BE FORWARDED WITHIN FIVE DAYS FROM THE END OF EACH 10-DAY PERIOD .

ARTICLE 13

THE MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE COMPLIANCE WITH THIS REGULATION .

ARTICLE 14

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 , 18 DECEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

P . BARRY

ANNEX I , II , III : SEE OJ NO L 338 OF 27 . 12 . 1984 .

ANNEX IV

LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )

A . INDEPENDENT COUNTRIES

660 AFGHANISTAN ( 2 )

208 ALGERIA

330 ANGOLA

459 ANTIGUA AND BARBUDA

528 ARGENTINA

453 BAHAMAS

640 BAHRAIN

666 BANGLADESH ( 2 )

469 BARBADOS

421 BELIZE

284 BENIN ( 2 )

675 BHUTAN ( 2 )

516 BOLIVIA

391 BOTSWANA ( 2 )

236 BOURKINA FASSO ( 2 )

508 BRAZIL

703 BRUNEI DARUSSALAM

676 BURMA

328 BURUNDI ( 2 )

302 CAMEROON

306 CENTRAL AFRICAN REPUBLIC ( 2 )

244 CHAD ( 2 )

512 CHILE

720 CHINA

480 COLOMBIA

375 COMOROS ( 2 )

318 CONGO

436 COSTA RICA

448 CUBA

600 CYPRUS

338 DJIBOUTI ( 2 )

460 DOMINICA

456 DOMINICAN REPUBLIC

500 ECUADOR

220 EGYPT

428 EL SALVADOR

310 EQUATORIAL GUINEA ( 2 )

334 ETHIOPIA ( 2 )

815 FIJI

314 GABON

252 GAMBIA ( 2 )

276 GHANA

473 GRENADA

416 GUATEMALA

260 GUINEA ( 2 )

257 GUINEA BISSAU ( 2 )

488 GUYANA

452 HAITI ( 2 )

424 HONDURAS

664 INDIA

700 INDONESIA

616 IRAN

612 IRAQ

272 IVORY COAST

464 JAMAICA

628 JORDAN

696 KAMPUCHEA ( CAMBODIA )

346 KENYA

812 KIRIBATI

636 KUWAIT

684 LAOS ( 2 )

604 LEBANON

395 LESOTHO ( 2 )

268 LIBERIA

216 LIBYA

370 MADAGASCAR

386 MALAWI ( 2 )

701 MALAYSIA

667 MALDIVES ( 2 )

232 MALI ( 2 )

228 MAURITANIA

373 MAURITIUS

412 MEXICO

204 MOROCCO

366 MOZAMBIQUE

803 NAURU

672 NEPAL ( 2 )

432 NICARAGUA

240 NIGER ( 2 )

288 NIGERIA

652 NORTH YEMEN ( 2 )

649 OMAN

662 PAKISTAN

442 PANAMA

801 PAPUA NEW GUINEA

520 PARAGUAY

504 PERU

708 PHILIPPINES

644 QATAR

247 REPUBLIC OF CAPE VERDE ( 2 )

066 ROMANIA

324 RWANDA ( 2 )

819 WESTERN SAMOA ( 2 )

311 SAO TOME AND PRINCIPE ( 2 )

632 SAUDI ARABIA

248 SENEGAL

355 SEYCHELLES AND DEPENDENCIES ( 2 )

264 SIERRA LEONE ( 2 )

706 SINGAPORE

806 SOLOMON ISLANDS

342 SOMALIA ( 2 )

728 SOUTH KOREA

656 SOUTH YEMEN ( 2 )

669 SRI LANKA

450 ST CHRISTOPHER AND NEVIS

465 ST LUCIA

467 ST VINCENT

224 SUDAN ( 2 )

492 SURINAM

393 SWAZILAND

608 SYRIA

352 TANZANIA ( 2 )

680 THAILAND

280 TOGO ( 2 )

817 TONGA ( 2 )

472 TRINIDAD AND TOBAGO

212 TUNISIA

807 TUVALU

350 UGANDA ( 2 )

647 UNITED ARAB EMIRATES

524 URUGUAY

816 VANUATU

484 VENEZUELA

690 VIETNAM

048 YUGOSLAVIA

322 ZAIRE

378 ZAMBIA

382 ZIMBABWE

( 1 ) THE CODE NUMBER PRECEDING THE NAME OF EACH BENEFICIARY COUNTRY OR TERRITORY IS THAT GIVEN IN " GEONOMENCLATURE " ( REGULATION ( EEC ) NO 3537/82 ( OJ NO L 371 , 30 . 12 . 1982 , P . 7 ) , EXTENDED BY REGULATION ( EEC ) NO 3104/84 ( OJ NO L 291 , 8 . 11 . 1984 , P . 25 ) ) .

( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX V .

B . COUNTRIES AND TERRITORIES

DEPENDENT OR ADMINISTERED , OR FOR WHOSE EXTERNAL RELATIONS MEMBER STATES OF THE COMMUNITY OR THIRD COUNTRIES ARE WHOLLY OR PARTLY RESPONSIBLE

808 AMERICAN OCEANIA ( 2 )

802 AUSTRALIAN OCEANIA ( CHRISTMAS ISLAND , COCOS ( KEELING ) ISLANDS , HEARD ISLAND AND MCDONALD ISLANDS , NORFOLK ISLAND )

413 BERMUDA

357 BRITISH INDIAN OCEAN TERRITORY

463 CAYMAN ISLANDS

529 FALKLAND ISLANDS AND FALKLAND DEPENDENCIES

822 FRENCH POLYNESIA

044 GIBRALTAR

406 GREENLAND ( 1 )

740 HONG KONG

743 MACAO

377 MAYOTTE

476 NETHERLANDS ANTILLES

809 NEW CALEDONIA AND DEPENDENCIES

814 NEW ZEALAND OCEANIA ( TOKELAU AND NIUE ISLANDS ; COOK ISLANDS )

813 PITCAIRN

890 POLAR REGIONS ( FRENCH SOUTHERN AND ANTARCTIC TERRITORIES , AUSTRALIAN ANTARCTIC TERRITORIES , BRITISH ANTARCTIC TERRITORIES )

329 ST HELENA AND ST HELENA DEPENDENCIES

454 TURKS AND CAICOS ISLANDS

457 VIRGIN ISLANDS OF THE UNITED STATES

811 WALLIS AND FUTUNA ISLANDS

450 WEST INDIES

NOTE : THE ABOVE LISTS MAY BE AMENDED SUBSEQUENTLY TO TAKE ACCOUNT OF CHANGES IN THE INTERNATIONAL STATUS OF COUNTRIES OR TERRITORIES .

( 1 ) AS FROM THE ENTRY INTO FORCE OF THE TREATY , SIGNED IN BRUSSELS ON 13 MARCH 1984 , AMENDING THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES WITH REGARD TO GREENLAND OR OF INTERIM MEASURES AGREED IN THE COUNCIL .

( 2 ) AMERICAN OCEANIA INCLUDES : GUAM , AMERICAN SAMOA ( INCLUDING SWAIN'S ISLAND ) , MIDWAY ISLANDS , JOHNSTON AND SAND ISLANDS , WAKE ISLAND AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS ( THE CAROLINE , MARIANAS AND MARSHALL ISLANDS ) .

ANNEX V

LIST OF LEAST-DEVELOPED DEVELOPING COUNTRIES

660 AFGHANISTAN

666 BANGLADESH

284 BENIN

675 BHUTAN

391 BOTSWANA

236 BOURKINA FASSO

328 BURUNDI

306 CENTRAL AFRICAN REPUBLIC

244 CHAD

375 COMOROS

338 DJIBOUTI

310 EQUATORIAL GUINEA

334 ETHIOPIA

252 GAMBIA

260 GUINEA

257 GUINEA BISSAU

452 HAITI

684 LAOS

395 LESOTHO

386 MALAWI

667 MALDIVES

232 MALI

672 NEPAL

240 NIGER

652 NORTH YEMEN

247 REPUBLIC OF CAPE VERDE

324 RWANDA

819 WESTERN SAMOA

311 SAO TOME AND PRINCIPE

355 SEYCHELLES AND DEPENDENCIES

264 SIERRA LEONE

342 SOMALIA

656 SOUTH YEMEN

224 SUDAN

352 TANZANIA

280 TOGO

817 TONGA

350 UGANDA