SUBSTANTIAL QUANTITY REMAINS UNUSED , IT IS ESSENTIAL THAT THAT MEMBER STATE SHOULD RETURN A SIGNIFICANT PROPORTION TO THE RESERVE TO PREVENT A PART OF ANY TARIFF QUOTA FROM REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ; WHEREAS , TAKING INTO ACCOUNT THE SEASONAL NATURE OF IMPORTS , IT SEEMS APPROPRIATE TO FIX THE TRANSFER LIMIT AT 40 % OF THE INITIAL SHARE ;
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 RELATING TO THE ADMINISTRATION OF THE QUOTA SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY OF ITS MEMBERS ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 1982 A COMMUNITY TARIFF QUOTA OF 25 000 TONNES SHALL BE OPENED IN THE COMMUNITY OF NINE FOR FRESH OR DRIED HAZELNUTS , SHELLED OR NOT , FALLING WITHIN SUBHEADING EX 08.05 G OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TURKEY .
2 . WITHIN THIS TARIFF QUOTA , THE COMMON CUSTOMS TARIFF DUTY SHALL BE TOTALLY SUSPENDED .
3 . IMPORTS OF THE PRODUCT IN QUESTION BENEFITING FROM THE SAME OR LOWER CUSTOMS DUTIES UNDER PREFERENTIAL ARRANGEMENTS SHALL NOT BE CHARGED AGAINST THIS TARIFF QUOTA .
4 . THIS TARIFF QUOTA SHALL BE ALLOCATED AND ADMINISTERED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .
ARTICLE 2
1 . THE TARIFF QUOTA REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE DIVIDED INTO TWO INSTALMENTS .
2 . THE FIRST INSTALMENT , AMOUNTING TO 20 000 TONNES , SHALL BE SHARED AMONG THE MEMBER STATES ; THE SHARES WHICH , SUBJECT TO ARTICLE 5 , SHALL BE VALID UNTIL 31 DECEMBER 1982 SHALL BE AS FOLLOWS :
( TONNES )
BENELUX 1 476
DENMARK 448
GERMANY 12 630
FRANCE 2 704
IRELAND 46
ITALY 750
UNITED KINGDOM 1 946
3 . THE SECOND INSTALMENT , AMOUNTING TO 5 000 TONNES , SHALL CONSTITUTE THE RESERVE .
ARTICLE 3
1 . IF 90 % OR MORE OF ANY MEMBER STATE'S INITIAL SHARE AS SPECIFIED IN ARTICLE 2 ( 2 ) , OR 90 % OF THAT SHARE MINUS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 HAS BEEN APPLIED , HAS BEEN USED UP , THEN , TO THE EXTENT PERMITTED BY THE AMOUNT OF THE RESERVE , 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 UNIT .
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 , THEN , TO THE EXTENT PERMITTED BY THE AMOUNT OF THE RESERVE , THAT MEMBER STATE SHALL , IN ACCORDANCE WITH THE CONDITIONS LAID