REMAINS UNUSED IN ANY MEMBER STATE , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , TO PREVENT PART OF THE COMMUNITY QUOTA 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 , ALL TRANSACTIONS 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 , 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 COMMUNITY TARIFF QUOTA SHALL BE ALLOCATED AND ADMINISTERED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .
ARTICLE 2
1 . THE COMMUNITY TARIFF QUOTA REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE DIVIDED INTO TWO INSTALMENTS .
2 . A FIRST INSTALMENT AMOUNTING TO 20 330 TONNES SHALL BE SHARED AMONG THE MEMBER STATES ; THE SHARES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID UNTIL 31 DECEMBER 1984 , SHALL BE AS FOLLOWS :
( TONNES )
BENELUX 1 652
DENMARK 330
GERMANY 13 434
FRANCE 2 612
IRELAND 18
ITALY 676
UNITED KINGDOM 1 608
3 . THE SECOND INSTALMENT AMOUNTING TO 4 670 TONNES SHALL CONSTITUTE THE RESERVE .
ARTICLE 3
1 . IF 90 % OR MORE OF A MEMBER STATE'S INITIAL SHARE , AS SPECIFIED IN ARTICLE 2 ( 2 ) , OR OF THAT SHARE LESS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 HAS BEEN APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL , WITHOUT DELAY , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .
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 LAID DOWN IN PARAGRAPH 1 , DRAW A THIRD SHARE EQUAL TO 7,5 % OF ITS INITIAL SHARE .