+++++

( 1 ) OJ NO L 323 , 29 . 11 . 1980 , P . 1 .

( 2 ) OJ NO C 273 , 26 . 10 . 1981 , P . 168 .

( 3 ) OJ NO C 327 , 14 . 12 . 1981 , P . 107 .

( 4 ) OPINION DELIVERED ON 29 OCTOBER 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

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

COUNCIL REGULATION ( EEC ) NO 3603/81 OF 7 DECEMBER 1981 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1982 IN RESPECT OF CERTAIN AGRICULTURAL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3033/80 OF 11 NOVEMBER 1980 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) ,

WHEREAS , WITHIN THE CONTEXT OF UNCTAD , THE EUROPEAN ECONOMIC COMMUNITY OFFERED TO GRANT TARIFF PREFERENCES ON CERTAIN PROCESSED AGRICULTURAL PRODUCTS OF CHAPTERS 1 TO 24 OF THE COMMON CUSTOMS TARIFF WHICH ORIGINATE IN DEVELOPING COUNTRIES ; WHEREAS THE PREFERENTIAL TREATMENT PROPOSED IN THAT OFFER CONSISTS , IN RESPECT OF CERTAIN GOODS WHICH ARE SUBJECT TO THE TRADE ARRANGEMENTS LAID DOWN IN REGULATION ( EEC ) NO 3033/80 , OF A REDUCTION IN THE FIXED COMPONENT OF THE CHARGE APPLICABLE TO SUCH GOODS BY VIRTUE OF THAT REGULATION , AND , IN RESPECT OF PRODUCTS WHICH ARE SUBJECT TO THE SINGLE CUSTOMS DUTY , OF A REDUCTION IN SUCH DUTY ; WHEREAS PREFERENTIAL IMPORTS OF THE PRODUCTS CONCERNED SHOULD BE EFFECTED WITHOUT QUANTITATIVE RESTRICTIONS ;

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 SCHEME WOULD NOT BE FULLY ACHIEVED BY THE END OF 1980 , THAT CONSEQUENTLY IT SHOULD BE PROLONGED BEYOND THE INITIAL PERIOD AND THAT AN OVERALL REVIEW OF THE SYSTEM SHOULD TAKE PLACE IN 1990 ;

WHEREAS IT IS DESIRABLE THEREFORE THAT THE COMMUNITY CONTINUE TO APPLY GENERALIZED TARIFF PREFERENCES , IN THE CONTEXT OF THE CONCLUSIONS REACHED IN UNCTAD AND IN ACCORDANCE WITH THE INTENTIONS 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 MAY BE WITHDRAWN WHOLLY OR IN PART AT A LATER STAGE , THUS MAINTAINING THE POSSIBILITY OF REMEDYING ANY UNFAVOURABLE SITUATIONS WHICH MIGHT ARISE , INCLUDING SUCH SITUATIONS IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP STATES ) FOLLOWING THE IMPLEMENTATION OF THE SYSTEM ;

WHEREAS EXPERIENCE IN THE INITIAL PERIOD SHOWS THAT THE COMMUNITY SCHEME HAS TO AN APPRECIABLE EXTENT ACHIEVED ITS INTENDED OBJECTIVES ; WHEREAS IT IS THEREFORE APPROPRIATE TO MAINTAIN ITS FUNDAMENTAL FEATURES , NAMELY A REDUCTION IN CUSTOMS DUTIES WITHOUT ANY RESTRICTION IN THE QUANTITIES IMPORTED FOR CERTAIN AGRICULTURAL PRODUCTS LISTED IN ANNEX A , AND A REDUCTION IN CUSTOMS DUTIES WITHIN THE LIMITS OF A COMMUNITY CEILING OR TARIFF QUOTAS FOR TOBACCO , COCOA BUTTER , SOLUBLE COFFEE AND PRESERVED PINEAPPLES ;

WHEREAS , SUBJECT TO THE ABOVE CONDITIONS , EACH OF THESE COMMUNITY TARIFF QUOTAS OR CEILINGS GENERALLY CORRESPONDS TO THE AMOUNT APPLICABLE IN 1981 ;

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

WHEREAS THE RATES OF CONVERSION INTO NATIONAL CURRENCY OF THE PREFERENTIAL AMOUNTS EXPRESSED IN ECU ARE THE RATES PROVIDED FOR IN THE COMMON CUSTOMS TARIFF ;

WHEREAS IN THE MULTILATERAL TRADE NEGOTIATIONS , IN ACCORDANCE WITH PARAGRAPH 6 OF THE TOKYO DECLARATION , THE COMMUNITY REAFFIRMED THAT SPECIAL TREATMENT SHOULD , WHENEVER POSSIBLE , BE GRANTED TO THE LEAST DEVELOPED AMONG THE DEVELOPING COUNTRIES ; WHEREAS , THEREFORE , THE AGRICULTURAL PRODUCTS LISTED IN ANNEX A , ORIGINATING IN THE LEAST-DEVELOPED DEVELOPING COUNTRIES APPEARING ON THE LIST ANNEXED TO THIS REGULATION SHOULD BE TOTALLY EXEMPT FROM CUSTOMS DUTIES ;

WHEREAS IT IS NECESSARY TO ENSURE EQUAL AND CONTINUOUS ACCESS FOR ALL COMMUNITY IMPORTES TO THE COMMUNITY TARIFF QUOTAS AND THE UNINTERRUPTED APPLICATION OF THE RATE LAID DOWN FOR SUCH QUOTAS TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO ALL MEMBER STATES UNTIL THE QUOTAS ARE USED UP ; WHEREAS THE COMMUNITY NATURE OF THE QUOTAS CAN BE RESPECTED BY APPORTIONING THE COMMUNITY TARIFF QUOTAS AMONG THE MEMBER STATES ; WHEREAS , MOREOVER , TO THIS END AND IN THE CONTEXT OF THE UTILIZATION SYSTEM , THE ACTUAL CHARGES AGAINST THE QUOTAS MAY RELATE ONLY TO PRODUCTS WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN ;

WHEREAS , TO TAKE ACCOUNT OF FUTURE IMPORT TRENDS IN THE VARIOUS MEMBER STATES IN RESPECT OF THE TARIFF QUOTAS AND TO MITIGATE ANY INADEQUACY IN THE FIXED-SCALE APPORTIONMENT , THE QUOTAS SHOULD BE DIVIDED INTO TWO TRANCHES , THE FIRST BEING APPORTIONED AMONG THE MEMBER STATES AND THE SECOND HELD AS A RESERVE TO COVER SUBSEQUENTLY THE REQUIREMENTS OF MEMBER STATES WHICH HAVE EXHAUSTED THEIR INITIAL SHARES ; WHEREAS , MOREOVER , THE RESERVE CONSTITUTED AS DESCRIBED TENDS TO AVOID MAKING THE SYSTEM OF UTILIZATION OF THE QUOTAS EXCESSIVELY RIGID , TO THE DETRIMENT OF EACH OF THE DEVELOPING COUNTRIES CONCERNED , AND WILL CONTRIBUTE TO ACHIEVING THE AIM ALREADY MENTIONED OF IMPROVING THE GENERALIZED PREFERENCES SYSTEM ;

WHEREAS MEMBER STATES MAY EXHAUST THEIR INITIAL SHARES OF THE TARIFF QUOTAS AT DIFFERENT RATES ; WHEREAS TO AVOID DISRUPTION OF SUPPLIES ON THIS ACCOUNT IT SHOULD BE PROVIDED THAT ANY MEMBER STATE WHICH HAS ALMOST USED UP ONE OF ITS INITIAL SHARES SHOULD DRAW AN ADDITIONAL SHARE FROM THE CORRESPONDING RESERVE ; WHEREAS THIS MUST BE DONE BY EACH MEMBER STATE AS AND WHEN EACH OF ITS ADDITIONAL SHARES IS ALMOST ENTIRELY USED UP AND REPEATED AS MANY TIMES AS EACH OF THE RESERVES ALLOWS ; WHEREAS EACH OF THESE INITIAL AND ADDITIONAL SHARES MUST BE AVAILABLE FOR USE UNTIL THE END OF THE QUOTA PERIOD ;

WHEREAS IF , AT A SPECIFIED DATE IN THE QUOTA PERIOD , A CONSIDERABLE BALANCE REMAINS IN ONE OF THE INITIAL SHARES OF ONE OR OTHER MEMBER STATE , IT IS ESSENTIAL THAT THAT MEMBER STATE RETURN A PORTION OF IT TO THE CORRESPONDING RESERVE IN ORDER TO PREVENT A PART OF THE COMMUNITY QUOTA FROM REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ;

WHEREAS , IN THE CASE OF THE COMMUNITY TARIFF CEILING FOR TOBACCO OTHER THAN VIRGINIA TYPE , THE OBJECTIVE PURSUED MAY BE ATTAINED BY APPLYING A METHOD OF ADMINISTRATION BASED ON THE CHARGING , AT COMMUNITY LEVEL , AGAINST THE ABOVEMENTIONED CEILING , OF IMPORTS OF THE PRODUCT CONCERNED AS AND WHEN THAT PRODUCT IS ENTERED FOR FREE CIRCULATION AND IS ACCOMPANIED BY A CERTIFICATE OF ORIGIN ; WHEREAS THIS METHOD OF ADMINISTRATION MUST MAKE PROVISION FOR THE REINTRODUCTION OF THE LEVYING OF CUSTOMS DUTIES IN THEIR ENTIRETY AS SOON AS THE SAID CEILING IS REACHED AT COMMUNITY LEVEL ;

WHEREAS SUCH METHODS OF ADMINISTRATION CALL FOR CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION , WHICH MUST , IN PARTICULAR , BE ABLE TO OBSERVE THE EXTENT TO WHICH CHARGES ARE MADE AGAINST THE TARIFF QUOTAS AND CEILING 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 THE LEVYING OF CUSTOMS DUTIES IN THEIR ENTIRETY WHEN THE CEILING IS REACHED ;

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 ;

WHEREAS IT IS EXPEDIENT THAT THE COMMUNITY SHOULD AUTHORIZE THE IMPORTATION OF THE PRODUCTS REFERRED TO IN ANNEX A ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , SUBJECT TO THE CUSTOMS DUTIES GIVEN IN RESPECT OF EACH OF THEM , WITHOUT QUANTITATIVE RESTRICTIONS ; WHEREAS THE BENEFIT OF SUCH PREFERENTIAL TERMS SHOULD BE RESERVED FOR PRODUCTS ORIGINATING IN THE COUNTRIES AND 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 THE ORIGIN OF GOODS ( 5 ) ,

HAS ADOPTED THIS REGULATION :

SECTION I

PRODUCTS OF CHAPTERS 1 TO 24 OF THE COMMON CUSTOMS TARIFF IMPORTED WITHOUT QUANTITATIVE RESTRICTIONS

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , COMMUNITY IMPORTS OF THE PRODUCTS LISTED IN ANNEX A SHALL BENEFIT FROM THE CUSTOMS DUTIES SPECIFIED FOR EACH PRODUCT .

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

2 . THE TREATMENT PROVIDED FOR IN PARAGRAPH 1 SHALL BE ENJOYED SOLELY BY PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF ORIGINATING PRODUCTS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

3 . THE PRODUCTS LISTED IN ANNEX A ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES .

TEQUILA , PISCO AND SINGANI FALLING WITHIN SUBHEADING 22.09 C V EX A ) OF THE COMMON CUSTOMS TARIFF SHALL QUALIFY FOR THE PREFERENTIAL SYSTEM SUBJECT TO THE PRODUCTION OF A CERTIFICATE OF AUTHENTICITY APPEARING IN THE CERTIFICATE OF ORIGIN AND DRAWN UP ACCORDING TO THE PROCEDURE REFERRED TO IN THE SECOND SUBPARAGRAPH OF PARAGRAPH 2 .

ARTICLE 2

1 . EVERY THREE MONTHS , THE MEMBER STATES SHALL FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE INFORMATION RELATING TO IMPORTS UNDER THIS REGULATION , IN ACCORDANCE WITH THE PROVISIONS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) .

2 . HOWEVER , IN THE CASE OF PRODUCTS IN SECTION III SUBJECT TO QUOTAS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH .

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

SECTION II

CEILING FOR RAW OR UNMANUFACTURED TOBACCOS , OTHER THAN VIRGINIA TYPE

ARTICLE 3

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , COMMON CUSTOMS TARIFF DUTIES RELATING TO RAW OR UNMANUFACTURED TOBACCO , OTHER THAN VIRGINIA TYPE , FALLING WITHIN SUBHEADINGS 24.01 EX A AND EX B OF THE COMMON CUSTOMS TARIFF SHALL BE SUSPENDED AT 7 % WITH A MINIMUM CHARGE OF 33 ECU PER 100 KILOGRAMS NET WEIGHT AND A MAXIMUM CHARGE OF 45 ECU PER 100 KILOGRAMS NET WEIGHT .

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

WITHIN THE COMMUNITY CEILING REFERRED TO IN PARAGRAPH 4 , COMMON CUSTOMS TARIFF DUTIES ON IMPORTS ORIGINATING IN THE DEVELOPING COUNTRIES LISTED IN ANNEX C SHALL BE TOTALLY SUSPENDED .

2 . THIS TARIFF SUSPENSION SHALL APPLY SOLELY TO PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , WITH THE EXCEPTION OF CHINA .

3 . THOSE IMPORTS WHICH ENJOY EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THE CEILING REFERRED TO IN PARAGRAPH 4 .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF " ORIGINATING PRODUCTS " SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

4 . SUBJECT TO ARTICLES 4 AND 5 , THIS SUSPENSION SHALL BE GRANTED FOR THE TOBACCOS IN QUESTION UP TO A COMMUNITY CEILING OF 2 550 TONNES .

ARTICLE 4

AS SOON AS THE CEILING LAID DOWN IN ARTICLE 3 ( 4 ) FOR COMMUNITY IMPORTS OF PRODUCTS ORIGINATING IN ALL OF THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 3 ( 2 ) IS REACHED AT COMMUNITY LEVEL , THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE TOBACCOS IN QUESTION FROM ALL THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B MAY BE REINTRODUCED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 3 ( 1 ) .

ARTICLE 5

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

2 . GOODS MAY BE CHARGED AGAINST THE CEILING ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS SUBMITTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .

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

ARTICLE 6

1 . THE COMMISSION , IN CLOSE COOPERATION WITH THE MEMBER STATES , SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE ABOVE PROVISIONS ARE APPLIED .

2 . THE COMMISSION SHALL ISSUE A REGULATION TO REINTRODUCE THE LEVYING OF CUSTOMS DUTIES IN RESPECT OF ALL THE COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 3 ( 2 ) IN ACCORDANCE WITH ARTICLE 4 .

ARTICLE 7

AT THE COMMISSION'S REQUEST , AND IN ANY CASE AT LEAST MONTHLY , THE MEMBER STATES SHALL INFORM THE COMMISSION OF IMPORTS OF THE PRODUCTS IN QUESTION CHARGED AGAINST THE COMMUNITY CEILING LAID DOWN IN ARTICLE 3 ( 4 ) . THIS INFORMATION SHALL SHOW BOTH THE VALUE , EXPRESSED IN ECU , AND THE QUANTITY EXPRESSED IN TONNES .

SECTION III

COMMUNITY TARIFF QUOTAS

A . RAW OR UNMANUFACTURED VIRGINIA TYPE TOBACCOS

ARTICLE 8

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , A COMMUNITY TARIFF QUOTA OF 61 200 TONNES SHALL BE OPENED IN THE COMMUNITY FOR IMPORTS OF RAW OR UNMANUFACTURED VIRGINIA TYPE TOBACCOS FALLING WITHIN SUBHEADINGS 24.01 EX A AND EX B OF THE COMMON CUSTOMS TARIFF . WITHIN THIS TARIFF QUOTA THE CUSTOMS DUTY SHALL BE SUSPENDED AT 7 % WITH A MINIMUM CHARGE OF 13 ECU PER 100 KILOGRAMS NET WEIGHT AND A MAXIMUM CHARGE OF 45 ECU PER 100 KILOGRAMS NET WEIGHT .

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

IN THE CONTEXT OF THIS TARIFF QUOTA , THE CUSTOMS DUTY ON IMPORTS ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL BE TOTALLY SUSPENDED .

2 . THIS TARIFF QUOTA SHALL APPLY SOLELY TO PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , WITH THE EXCEPTION OF CHINA . THOSE IMPORTS WHICH ENJOY EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THIS TARIFF QUOTA .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF " ORIGINATING PRODUCTS " SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

ENTRY UNDER THIS TARIFF QUOTA SHALL BE SUBJECT TO THE PRODUCTION OF A CERTIFICATE OF AUTHENTICITY APPEARING IN THE CERTIFICATE OF ORIGIN AND MADE OUT IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN THE SECOND SUBPARAGRAPH .

ARTICLE 9

1 . A FIRST TRANCHE OF 59 960 TONNES SHALL BE APPORTIONED AMONG THE MEMBER STATES . THE SHARES FOR EACH MEMBER WICH , SUBJECT TO ARTICLE 11 , SHALL BE VALID UNTIL 31 DECEMBER 1982 , SHALL BE AS FOLLOWS :

BENELUX 5 586 TONNES

DENMARK 1 862 TONNES

GERMANY 10 315 TONNES

GREECE 1 160 TONNES

FRANCE 980 TONNES

IRELAND 1 935 TONNES

ITALY 3 920 TONNES

UNITED KINGDOM 34 202 TONNES

2 . THE SECOND TRANCHE OF 1 240 TONNES SHALL CONSTITUTE THE RESERVE .

ARTICLE 10

1 . WHERE A MEMBER STATE HAS USED 90 % OR MORE OF ITS INITIAL SHARE AS FIXED IN ARTICLE 9 ( 1 ) , OR OF THAT SHARE MINUS ANY PORTION RETURNED TO THE RESERVE PURSUANT TO ARTICLE 12 , IT SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE , TO THE EXTENT THAT THE RESERVE SO PERMITS , EQUAL TO 10 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

2 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS INITIAL SHARE , HAS USED 90 % OR MORE OF THE SECOND SHARE DRAWN BY IT , THAT MEMBER STATE SHALL FORTHWITH , UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE , EQUAL TO 5 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

3 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS SECOND SHARE , HAS USED 90 % OR MORE OF THE THIRD SHARE DRAWN BY IT , THAT MEMBER STATE SHALL , UNDER THE SAME CONDITIONS , DRAW A FOURTH SHARE EQUAL TO THE THIRD . THIS PROCESS SHALL CONTINUE UNTIL THE RESERVE HAS BEEN EXHAUSTED .

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

5 . ANY MEMBER STATE MAY LIMIT THE SUM TOTAL OF ITS ADDITIONAL SHARES TO 40 % OF ITS INITIAL SHARE , INFORMING THE COMMISSION THAT IT IS SO DOING .

ARTICLE 11

ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 10 SHALL BE VALID UNTIL 31 DECEMBER 1982 .

ARTICLE 12

A MEMBER STATE WHICH , ON 25 OCTOBER 1982 , HAS NOT EXHAUSTED ITS INITIAL SHARE SHALL , NOT LATER THAN 7 NOVEMBER 1982 , RETURN TO THE RESERVE ANY UNUSED PORTION IN EXCESS OF 15 % OF THE INITIAL AMOUNT . IT MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH A PORTION MAY NOT BE USED .

MEMBER STATES SHALL , NOT LATER THAN 7 NOVEMBER 1982 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE PRODUCTS IN QUESTION IMPORTED UP TO AND INCLUDING 25 OCTOBER 1982 AND CHARGED AGAINST THE COMMUNITY QUOTA AND OF ANY PORTION OF THEIR INITIAL SHARE RETURNED TO THE RESERVE .

B . COCOA BUTTER AND SOLUBLE COFFEE

ARTICLE 13

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , COMMUNITY TARIFF QUOTAS SHALL BE OPENED WITHIN THE COMMUNITY FOR IMPORTS OF THE PRODUCTS LISTED BELOW AND UNDER THE CONDITIONS STATED BELOW :

CCT HEADING NO * DESCRIPTION * VOLUME ( TONNES ) * RATE OF DUTY

18.04 * COCOA BUTTER , INCLUDING COCOA FAT OR OIL * 22 000 * 8 % ( 1 )

21.02 * EXTRACTS , ESSENCES OR CONCENTRATES , OF COFFEE , TEA OR MATE AND PREPARATIONS WITH A BASIS OF THOSE EXTRACTS , ESSENCES OR CONCENTRATES ; ROASTED CHICORY AND OTHER ROASTED COFFEE SUBSTITUTES AND EXTRACTS , ESSENCES AND CONCENTRATES THEREOF :

* EX A . EXTRACTS , ESSENCES OR CONCENTRATES OF COFFEE AND PREPARATIONS WITH A BASIS OF THOSE EXTRACTS , ESSENCES OR CONCENTRATES :

* - EXTRACTS OF COFFEE OR " SOLUBLE COFFEE " OBTAINED BY A WATER METHOD OF EXTRACTION FROM ROASTED COFFEE , PUT UP IN POWDER FORM , GRANULATED , IN GRAINS , IN TABLETS OR IN A SIMILAR SOLID FORM * 19 100 * 9 % ( 1 )

( 1 ) FOR THE COUNTRIES LISTED IN ANNEX C , CUSTOMS DUTIES SHALL BE TOTALLY SUSPENDED .

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

2 . THESE TARIFF QUOTAS SHALL APPLY SOLELY TO PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , WITH THE EXCEPTION OF CHINA IN RESPECT OF PRODUCTS FALLING WITHIN SUBHEADING 21.02 EX A . THOSE IMPORTS WHICH ENJOY EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THESE TARIFF QUOTAS .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF " ORIGINATING PRODUCTS " SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

3 . AFTER THE QUOTAS OPENED UNDER THIS REGULATION HAVE BEEN USED UP , COMMON CUSTOMS TARIFF DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL CONTINUE TO BE TOTALLY SUSPENDED .

ARTICLE 14

1 . A FIRST TRANCHE OF 19 485 TONNES FOR COCOA BUTTER AND OF 17 190 TONNES FOR SOLUBLE COFFEE OF THE COMMUNITY TARIFF QUOTAS REFERRED TO IN ARTICLE 13 SHALL BE APPORTIONED AMONG THE MEMBER STATES AS FOLLOWS :

( TONNES )

* COCOA BUTTER * SOLUBLE COFFEE

BENELUX * 10 935 * 1 395

DENMARK * 45 * 45

GERMANY * 2 720 * 810

GREECE * 45 * 315

FRANCE * 90 * 225

IRELAND * 45 * 45

ITALY * 45 * 45

UNITED KINGDOM * 5 560 * 14 310

2 . THE SECOND TRANCHE OF 2 515 TONNES FOR COCOA BUTTER AND 1 910 TONNES FOR SOLUBLE COFFEE SHALL CONSTITUTE THE RESERVE .

ARTICLE 15

1 . WHERE A MEMBER STATE HAS USED 90 % OR MORE OF ONE OF THE INITIAL SHARES AS FIXED IN ARTICLE 14 ( 1 ) , OR OF THAT SHARE MINUS ANY PORTION RETURNED TO THE RESERVE PURSUANT TO ARTICLE 17 , IT SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE , TO THE EXTENT THAT THE RESERVE SO PERMITS , EQUAL TO 10 % OF THE INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

2 . WHERE A MEMBER STATE , AFTER EXHAUSTING ONE OF THE INITIAL SHARES , HAS USED 90 % OR MORE OF THE SECOND SHARE DRAWN BY IT , THAT MEMBER STATE SHALL FORTHWITH , UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE , EQUAL TO 5 % OF THE INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

3 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS SECOND SHARE , HAS USED 90 % OR MORE OF THE THIRD SHARE DRAWN BY IT , THAT MEMBER STATE SHALL , UNDER THE SAME CONDITIONS , DRAW A FOURTH SHARE EQUAL TO THE THIRD . THIS PROCESS SHALL CONTINUE UNTIL THE RESERVE HAS BEEN EXHAUSTED .

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

5 . ANY MEMBER STATE MAY LIMIT THE SUM TOTAL OF ITS ADDITIONAL SHARES TO 40 % OF ITS INITIAL SHARE , INFORMING THE COMMISSION THAT IT IS SO DOING .

ARTICLE 16

ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 15 SHALL BE VALID UNTIL 31 DECEMBER 1982 .

ARTICLE 17

A MEMBER STATE WHICH , ON 15 SEPTEMBER 1982 , HAS NOT EXHAUSTED ITS INITIAL SHARES SHALL , NOT LATER THAN 1 OCTOBER 1982 , RETURN TO THE RESERVE ANY UNUSED PORTION IN EXCESS OF 20 % OF THE INITIAL AMOUNT . IT MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH A PORTION MAY NOT BE USED .

THE MEMBER STATES SHALL , NOT LATER THAN 1 OCTOBER 1982 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE PRODUCTS IN QUESTION IMPORTED UP TO 15 SEPTEMBER 1982 AND CHARGED AGAINST THE COMMUNITY QUOTAS AND OF ANY PORTION OF THEIR INITIAL SHARES RETURNED TO THE RESERVE .

C . PRESERVED PINEAPPLES , OTHER THAN IN SLICES , HALF SLICES OR SPIRALS

ARTICLE 18

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , A COMMUNITY TARIFF QUOTA OF 45 900 TONNES SHALL BE OPENED BY THE COMMUNITY FOR IMPORTS OF PRESERVED PINEAPPLES , OTHER THAN IN SLICES , HALF SLICES OR SPIRALS , FALLING WITHIN THE FOLLOWING SUBHEADINGS OF THE COMMON CUSTOMS TARIFF : EX 20.06 B II A ) 5 , EX 20.06 B II B ) 5 , EX 20.06 B II C ) 1 DD ) AND EX 20.06 B II C ) 2 BB ) . WITHIN THIS TARIFF QUOTA THE CUSTOMS DUTY SHALL BE SUSPENDED AT 12 % , INCREASED BY THE LEVY ON SUGAR WHERE THE SUGAR CONTENT EXCEEDS 17 % BY WEIGHT IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING EX 20.06 B II A ) 5 AA ) , AND 19 % BY WEIGHT IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING EX 20.06 B II B ) 5 AA ) .

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

THE CUSTOMS DUTY ON IMPORTS ORIGINATING IN THE DEVELOPING COUNTRIES LISTED IN ANNEX C SHALL BE TOTALLY SUSPENDED IN THE CONTEXT OF THIS TARIFF QUOTA . ONCE THE QUOTA HAS BEEN USED UP , IMPORTS ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL CONTINUE TO BENEFIT FROM THE TOTAL SUSPENSION OF CUSTOMS DUTIES .

2 . THIS TARIFF QUOTA SHALL APPLY SOLELY TO PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , WITH THE EXCEPTION OF CHINA . THOSE IMPORTS WHICH ENJOY EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THIS QUOTA .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF " ORIGINATING PRODUCTS " SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

ARTICLE 19

1 . A FIRST TRANCHE OF 31 900 TONNES SHALL BE APPORTIONED AMONG THE MEMBER STATES . THE SHARES FOR EACH MEMBER STATE WHICH , SUBJECT TO ARTICLE 22 , SHALL BE VALID UNTIL 31 DECEMBER 1982 , SHALL BE AS FOLLOWS :

BENELUX 2 786 TONNES

DENMARK 1 033 TONNES

GERMANY 11 781 TONNES

GREECE 400 TONNES

FRANCE 157 TONNES

IRELAND 315 TONNES

ITALY 630 TONNES

UNITED KINGDOM 14 798 TONNES

2 . THE SECOND TRANCHE OF 14 000 TONNES SHALL CONSTITUTE THE RESERVE .

ARTICLE 20

1 . WHERE A MEMBER STATE HAS USED 90 % OR MORE OF ITS INITIAL SHARE AS FIXED IN ARTICLE 19 ( 1 ) , OR OF THAT SHARE MINUS ANY PORTION RETURNED TO THE RESERVE PURSUANT TO ARTICLE 22 , IT SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE , TO THE EXTENT THAT THE RESERVE SO PERMITS , EQUAL TO 10 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

2 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS INITIAL SHARE , HAS USED 90 % OR MORE OF THE SECOND SHARE DRAWN BY IT , THAT MEMBER STATE SHALL FORTHWITH , UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE , EQUAL TO 5 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

3 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS SECOND SHARE , HAS USED 90 % OR MORE OF THE THIRD SHARE DRAWN BY IT , THAT MEMBER STATE SHALL , UNDER THE SAME CONDITIONS , DRAW A FOURTH SHARE EQUAL TO THE THIRD . THIS PROCESS SHALL CONTINUE UNTIL THE RESERVE HAS BEEN EXHAUSTED .

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

5 . ANY MEMBER STATE MAY LIMIT THE SUM TOTAL OF ITS ADDITIONAL SHARES TO 40 % OF ITS INITIAL SHARE , INFORMING THE COMMISSION THAT IT IS SO DOING .

ARTICLE 21

ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 20 SHALL BE VALID UNTIL 31 DECEMBER 1982 .

ARTICLE 22

A MEMBER STATE WHICH , ON 15 AUGUST 1982 , HAS NOT EXHAUSTED ITS INITIAL SHARE SHALL , NOT LATER THAN 1 SEPTEMBER 1982 , RETURN TO THE RESERVE ANY UNUSED PORTION IN EXCESS OF 20 % OF THE INITIAL AMOUNT . IT MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH A PORTION MAY NOT BE USED .

MEMBER STATES SHALL , NOT LATER THAN 1 SEPTEMBER 1982 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE PRODUCTS IN QUESTION IMPORTED UP TO 15 AUGUST 1982 AND CHARGED AGAINST THE COMMUNITY QUOTA AND OF ANY PORTION OF THEIR INITIAL SHARE RETURNED TO THE RESERVE .

D . PRESERVED PINEAPPLES , IN SLICES , HALF SLICES OR SPIRALS

ARTICLE 23

1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , A COMMUNITY TARIFF QUOTA OF 28 560 TONNES SHALL BE OPENED BY THE COMMUNITY FOR IMPORTS OF PRESERVED PINEAPPLES , IN SLICES , HALF SLICES OR SPIRALS , FALLING WITHIN THE FOLLOWING SUBHEADINGS OF THE COMMON CUSTOMS TARIFF : EX 20.06 B II A ) 5 , EX 20.06 B II B ) 5 , EX 20.06 B II C ) 1 DD ) AND EX 20.06 B II C ) 2 BB ) . WITHIN THIS TARIFF QUOTA , THE CUSTOMS DUTY SHALL BE SUSPENDED AT 15 % , INCREASED BY THE LEVY ON SUGAR WHERE THE SUGAR CONTENT EXCEEDS 17 % BY WEIGHT IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING EX 20.06 B II A ) 5 AA ) , AND 19 % BY WEIGHT IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING EX 20.06 B II B ) 5 AA ) .

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

THE CUSTOMS DUTY ON IMPORTS ORIGINATING IN THE DEVELOPING COUNTRIES LISTED IN ANNEX C SHALL BE TOTALLY SUSPENDED IN THE CONTEXT OF THIS TARIFF QUOTA . ONCE THE QUOTA HAS BEEN USED UP , IMPORTS ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL CONTINUE TO BENEFIT FROM THE TOTAL SUSPENSION OF CUSTOMS DUTIES .

2 . THIS TARIFF QUOTA SHALL APPLY SOLELY TO PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B , WITH THE EXCEPTION OF CHINA . HOWEVER , THOSE IMPORTS ALREADY ENJOYING EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THIS QUOTA .

FOR THE PURPOSES OF THE APPLICATION OF THIS SECTION , THE CONCEPT OF " ORIGINATING PRODUCTS " SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 .

ARTICLE 24

1 . A FIRST TRANCHE OF 25 760 TONNES SHALL BE APPORTIONED AMONG THE MEMBER STATES . THE SHARES FOR EACH MEMBER STATE WHICH , SUBJECT TO ARTICLE 27 , SHALL BE VALID UNTIL 31 DECEMBER 1982 , SHALL BE AS FOLLOWS :

BENELUX 3 276 TONNES

DENMARK 681 TONNES

GERMANY 8 846 TONNES

GREECE 560 TONNES

FRANCE 252 TONNES

IRELAND 252 TONNES

ITALY 705 TONNES

UNITED KINGDOM 11 188 TONNES

2 . THE SECOND TRANCHE OF 2 800 TONNES SHALL CONSTITUTE THE RESERVE .

ARTICLE 25

1 . WHERE A MEMBER STATE HAS USED 90 % OR MORE OF ITS INITIAL SHARE AS FIXED IN ARTICLE 24 ( 1 ) , OR OF THAT SHARE MINUS ANY PORTION RETURNED TO THE RESERVE PURSUANT TO ARTICLE 27 , IT SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE , TO THE EXTENT THAT THE RESERVE SO PERMITS , EQUAL TO 10 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

2 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS INITIAL SHARE , HAS USED 90 % OR MORE OF THE SECOND SHARE DRAWN BY IT , THAT MEMBER STATE SHALL FORTHWITH , UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE , EQUAL TO 5 % OF ITS INITIAL SHARE ROUNDED UP , SHOULD THE OCCASION ARISE , TO THE NEAREST UNIT .

3 . WHERE A MEMBER STATE , AFTER EXHAUSTING ITS SECOND SHARE , HAS USED 90 % OR MORE OF THE THIRD SHARE DRAWN BY IT , THAT MEMBER STATE SHALL , UNDER THE SAME CONDITIONS , DRAW A FOURTH SHARE EQUAL TO THE THIRD . THIS PROCESS SHALL CONTINUE UNTIL THE RESERVE HAS BEEN EXHAUSTED .

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

5 . ANY MEMBER STATE MAY LIMIT THE SUM TOTAL OF ITS ADDITIONAL SHARES TO 40 % OF ITS INITIAL SHARE , INFORMING THE COMMISSION THAT IT IS SO DOING .

ARTICLE 26

ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 25 SHALL BE VALID UNTIL 31 DECEMBER 1982 .

ARTICLE 27

A MEMBER STATE WHICH , ON 15 SEPTEMBER 1982 , HAS NOT EXHAUSTED ITS INITIAL SHARE SHALL , NOT LATER THAN 1 OCTOBER 1982 , RETURN TO THE RESERVE ANY UNUSED PORTION IN EXCESS OF 20 % OF THE INITIAL AMOUNT . IT MAY RETURN A GREATER PORTION , IF THERE ARE GROUNDS FOR BELIEVING THAT SUCH A PORTION MAY NOT BE USED .

MEMBER STATES SHALL , NOT LATER THAN 1 OCTOBER 1982 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE PRODUCTS IN QUESTION IMPORTED UP TO 15 SEPTEMBER 1982 AND CHARGED AGAINST THE COMMUNITY QUOTA AND OF ANY PORTION OF THEIR INITIAL SHARE RETURNED TO THE RESERVE .

SECTION IV

GENERAL PROVISIONS

ARTICLE 28

THE COMMISSION SHALL KEEP AN ACCOUNT OF THE SHARES OPENED BY THE MEMBER STATES PURSUANT TO ARTICLES 9 , 10 , 14 , 15 , 19 , 20 , 24 AND 25 AND SHALL , AS SOON AS THE INFORMATION REACHES IT , INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVES HAVE BEEN USED UP .

IT SHALL INFORM THE MEMBER STATES NOT LATER THAN :

- 21 NOVEMBER 1982 , OF THE AMOUNT STILL IN THE RESERVE FOLLOWING ANY RETURN OF SHARES PURSUANT TO ARTICLE 12 ,

- 15 OCTOBER 1982 , OF THE AMOUNT STILL IN THE RESERVES FOLLOWING ANY RETURN OF SHARES PURSUANT TO ARTICLES 17 AND 27 ,

- 15 SEPTEMBER 1982 , OF THE AMOUNT STILL IN THE RESERVE FOLLOWING ANY RETURN OF SHARES PURSUANT TO ARTICLE 22 .

IT SHALL ENSURE THAT , WHEN AN AMOUNT EXHAUSTING A RESERVE IS DRAWN , THE AMOUNT SO DRAWN DOES NOT EXCEED THE BALANCE AVAILABLE AND SHALL TO THIS END NOTIFY THE AMOUNT OF THAT BALANCE TO THE MEMBER STATE MAKING THE LAST DRAWING .

THE MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLES 10 , 15 , 20 AND 25 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR CUMULATIVE SHARES OF THE COMMUNITY QUOTAS .

ARTICLE 29

1 . THE MEMBER STATES SHALL ENSURE FREE ACCESS TO THE SHARES ALLOCATED TO THEM FOR IMPORTERS OF THE SAID GOODS WHO ARE ESTABLISHED IN THEIR TERRITORY .

2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS OF THE SAID GOODS WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLES 8 , 13 , 18 AND 23 .

3 . GOODS SHALL QUALIFY FOR A TARIFF QUOTA ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 2 IS SUBMITTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .

ARTICLE 30

WHERE THE COMMISSION SO REQUESTS , AND IN ANY CASE AT LEAST MONTHLY , THE MEMBER STATES SHALL INFORM IT OF IMPORTS OF THE PRODUCTS IN QUESTION CHARGED AGAINST THEIR SHARES . THIS INFORMATION SHALL SHOW BOTH THE VALUE EXPRESSED IN ECU AND THE QUANTITY EXPRESSED IN TONNES .

ARTICLE 31

WHERE THE COMMUNITY FINDS THAT IMPORTS OF PRODUCTS BENEFITING FROM THE TREATMENT PROVIDED FOR IN ARTICLES 1 , 3 , 8 , 13 , 18 AND 23 ARE IMPORTED INTO THE COMMUNITY IN QUANTITIES OR AT PRICES WHICH PLACE OR ARE LIKELY TO PLACE COMMUNITY PRODUCERS OF SIMILAR OR DIRECTLY COMPETITIVE PRODUCTS AT A SERIOUS DISADVANTAGE OR CREATE AN UNFAVOURABLE SITUATION IN THE ACP STATES , THE LEVYING OF CUSTOMS DUTIES APPLIED WITHIN THE COMMUNITY MAY BE REINTRODUCED IN WHOLE OR IN PART ON IMPORTS OF THE PRODUCTS IN QUESTION FROM THE COUNTRY OR COUNTRIES OR TERRITORY OR TERRITORIES WHICH ARE THE CAUSE OF SUCH DISADVANTAGE . SUCH MEASURES MAY ALSO BE TAKEN IN THE EVENT OF ACTUAL OR POTENTIAL SERIOUS DISADVANTAGE WHICH IS CONFINED TO A SINGLE REGION OF THE COMMUNITY .

ARTICLE 32

1 . THE COMMISSION MAY DECIDE , BY MEANS OF A REGULATION , TO REINTRODUCE THE LEVYING OF CUSTOMS DUTIES FOR A SPECIFIED PERIOD , IN ORDER TO ENSURE THAT ARTICLE 31 IS APPLIED .

2 . WHERE ACTION ON THE PART OF THE COMMISSION IS REQUESTED BY A MEMBER STATE , THE FORMER SHALL GIVE ITS DECISION WITHIN A PERIOD OF NOT MORE THAN 10 WORKING DAYS FROM THE DATE OF RECEIPT OF THE REQUEST AND SHALL INFORM THE MEMBER STATE OF THIS DECISION .

3 . EACH MEMBER STATE MAY REFER THE MEASURE TAKEN BY THE COMMISSION TO THE COUNCIL WITHIN A PERIOD OF 10 WORKING DAYS FOLLOWING THE DATE ON WHICH IT WAS NOTIFIED . THE FACT THAT THE MATTER IS REFERRED TO THE COUNCIL SHALL NOT CAUSE THE MEASURE TO BE SUSPENDED . THE COUNCIL SHALL MEET IMMEDIATELY . IT MAY , ACTING ON A QUALIFIED MAJORITY , AMEND OR RESCIND THE MEASURE IN QUESTION .

ARTICLE 33

ARTICLES 31 AND 32 SHALL PREJUDICE NEITHER THE APPLICATION OF THE SAFEGUARD CLAUSES ADOPTED UNDER THE COMMON AGRICULTURAL POLICY PURSUANT TO ARTICLE 43 OF THE TREATY NOR THOSE ADOPTED UNDER THE COMMON COMMERCIAL POLICY PURSUANT TO ARTICLE 113 OF THE TREATY .

ARTICLE 34

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

ARTICLE 35

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1982 .

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

DONE AT BRUSSELS , 7 DECEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

CARRINGTON