Avis juridique important

Council Regulation (EEC) No 3587/82 of 23 December 1982 on the arrangements for imports of certain textile products originating in Taiwan Official Journal L 374 , 31/12/1982 P. 0001 Spanish special edition: Chapter 11 Volume 16 P. 0244 Portuguese special edition Chapter 11 Volume 16 P. 0244

++++ ( 1 ) OJ NO L 35 , 9 . 2 . 1982 , P . 1 . ( 2 ) OJ NO L 124 , 8 . 6 . 1970 , P . 1 . ( 3 ) OJ NO L 357 , 31 . 12 . 1977 , P . 51 . ( 4 ) OJ NO L 39 , 9 . 2 . 1978 , P . 1 . ( 5 ) OJ NO L 76 , 20 . 3 . 1982 , P . 1 . COUNCIL REGULATION ( EEC ) NO 3587/82 OF 23 DECEMBER 1982 ON THE ARRANGEMENTS FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN TAIWAN THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 288/82 OF 5 FEBRUARY 1982 ON COMMON RULES FOR IMPORTS ( 1 ) , AND IN PARTICULAR ARTICLE 16 THEREOF , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1023/70 OF 25 MAY 1970 ESTABLISHING A COMMON PROCEDURE FOR ADMINISTERING QUANTITATIVE QUOTAS ( 2 ) , AND IN PARTICULAR ARTICLES 2 , 4 AND 5 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS COMMISSION REGULATION ( EEC ) NO 3020/77 OF 30 DECEMBER 1977 ( 3 ) , AS CONFIRMED BY COUNCIL REGULATION ( EEC ) NO 255/78 OF 7 FEBRUARY 1978 ON THE ARRANGEMENTS FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN TAIWAN ( 4 ) , AND SUBSEQUENT AMENDMENTS THERETO , ALLOCATE QUANTITATIVE QUOTAS IN RESPECT OF IMPORTS INTO THE COMMUNITY AND LAY DOWN THE ARRANGEMENTS FOR IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION UP TO 31 DECEMBER 1982 ; WHEREAS THOSE ARRANGEMENTS SHOULD BE MAINTAINED BEYOND THAT DATE AND ADJUSTED AS PART OF THE REVISION OF THE COMMUNITY'S OVERALL COMMERCIAL POLICY ON TEXTILE PRODUCTS ; WHEREAS QUANTITATIVE COMMUNITY IMPORT QUOTAS SHOULD BE ESTABLISHED FOR CERTAIN TEXTILES ORIGINATING IN TAIWAN ; WHEREAS THE CONCEPT OF " ORIGINATING PRODUCTS " IS DEFINED BY THE COMMUNITY RULES IN FORCE ; WHEREAS , FOR THE YEARS 1983 , 1984 , 1985 AND 1986 , THE SIZE OF THESE QUOTAS SHOULD BE FIXED IN SUCH A WAY AS TO ALLOW A CERTAIN ANNUAL GROWTH WHILST AVOIDING SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF SIMILAR OR DIRECTLY COMPETING PRODUCTS AND ALSO TO ALLOW CARRY-OVER AND ADVANCE DRAWING OF QUOTA SHARES AS BETWEEN ONE YEAR AND ANOTHER AND TRANSFERS FROM ONE CATEGORY OF PRODUCT TO ANOTHER ; WHEREAS , HOWEVER , SPECIFIC QUOTA VOLUMES SHOULD INITIALLY BE FIXED ONLY FOR THE FIRST HALF OF 1983 ; WHEREAS , BECAUSE OF THE CONSIDERABLE DISPARITIES BETWEEN THE CONDITIONS TO WHICH IMPORTS INTO MEMBER STATES OF THE PRODUCTS IN QUESTION ARE AT PRESENT SUBJECT AND BECAUSE OF THE PARTICULAR SENSITIVITY OF THE COMMUNITY TEXTILE INDUSTRY , HARMONIZATION OF THESE IMPORT CONDITIONS CAN BE ACHIEVED ONLY GRADUALLY ; WHEREAS , TO THIS END , THE MAIN CRITERION FOR THE ALLOCATION OF THE COMMUNITY QUANTITATIVE QUOTAS SHOULD BE THAT THE VOLUMES ADMITTED UNDER THE PRESENT IMPORT CONDITIONS SHOULD BE GRADUALLY ADAPTED TO THE SUPPLY NEEDS OF THE MARKETS , WITH SIGNIFICANTLY HIGHER ANNUAL RATES OF INCREASE FOR MEMBER STATES IN WHICH THE VOLUMES ARE RELATIVELY THE SMALLEST , IN ORDER TO ALIGN THEM GRADUALLY ON THE SUPPLY NEEDS OF THE MARKETS ; WHEREAS IT IS NECESSARY TO PROVIDE THAT NEITHER HANDICRAFT OR TRADITIONAL FOLKLORE PRODUCTS , FOR WHICH AN APPROPRIATE CERTIFICATION SYSTEM WILL BE DEVISED , NOR PRODUCTS INTRODUCED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER THE INWARD PROCESSING RULES OR UNDER OTHER TEMPORARY ADMISSION RULES AND RE-EXPORTED FROM THAT TERRITORY IN THE SAME STATE OR AFTER PROCESSING ARE TO BE SET OFF AGAINST THE ABOVEMENTIONED QUANTITATIVE QUOTAS ; WHEREAS PROVISION SHOULD BE MADE FOR INTRODUCING , WHERE CERTAIN CONDITIONS ARE FULFILLED , QUANTITATIVE LIMITS ON TEXTILE PRODUCTS WHICH ARE INCLUDED IN THE IMPORT ARRANGEMENTS APPLICABLE TO TAIWAN BUT FOR WHICH NO QUANTITATIVE LIMIT HAS BEEN FIXED ; WHEREAS IT SHOULD BE POSSIBLE , WHERE A QUANTITATIVE QUOTA HAS BEEN SUBSTANTIALLY UNDER-UTILIZED IN ONE YEAR , TO RESTRICT ON CERTAIN CONDITIONS THE GROWTH OF IMPORTS OF THE PRODUCT CONCERNED IN SUBSEQUENT YEARS ; WHEREAS IT SHOULD BE POSSIBLE , WHERE IT IS FOUND THAT PRODUCTS ORIGINATING IN TAIWAN AND SUBJECT TO THIS REGULATION HAVE BEEN IMPORTED INTO THE COMMUNITY IN AN ATTEMPT TO EVADE THE PROVISIONS OF THIS REGULATION , TO DEDUCT THE QUANTITY OF GOODS CONCERNED FROM THE APPROPRIATE QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION ; WHEREAS IT SHOULD BE POSSIBLE TO INTRODUCE SPECIFIC QUANTITATIVE QUOTAS FOR PRODUCTS OBTAINED UNDER THE OUTWARD PROCESSING RELIEF ARRANGEMENTS ; WHEREAS THE IMPORT ARRANGEMENTS AT PRESENT IN FORCE EXPIRE ON 31 DECEMBER 1982 ; WHEREAS IT IS NECESSARY TO PROVIDE FOR TRANSITIONAL ARRANGEMENTS IN RESPECT OF PRODUCTS SHIPPED BEFORE 1 JANUARY 1983 ; WHEREAS THE COMMISSION HAS CONSULTED THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 5 OF REGULATION ( EEC ) NO 288/82 , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . FROM 1 JANUARY 1983 TO 31 DECEMBER 1986 , IMPORTATION INTO THE COMMUNITY OF THE PRODUCTS INDICATED IN THE CATEGORIES LISTED IN ANNEX I SHALL BE GOVERNED BY THE PROVISIONS OF THIS REGULATION . 2 . CLASSIFICATION SHALL BE BASED ON THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AND ON THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY , AND THE STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) . 3 . SUBJECT TO THE PROVISIONS OF THIS REGULATION , IMPORTATION INTO THE COMMUNITY OF THE TEXTILE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL NOT BE SUBJECT TO QUANTITATIVE RESTRICTIONS OR TO MEASURES HAVING EQUIVALENT EFFECT . ARTICLE 2 1 . IN 1983 , 1984 , 1985 AND 1986 , IMPORTATION INTO THE COMMUNITY OF TEXTILE PRODUCTS LISTED IN ANNEX II AND ORIGINATING IN TAIWAN SHALL BE EFFECTED WITHIN THE LIMITS OF COMMUNITY QUANTITATIVE QUOTAS , THE ALLOCATION BEING MADE IN SUCH A WAY AS TO ENSURE THE EXPANSION AND ORDERLY DEVELOPMENT OF TRADE IN TEXTILES AND GRADUAL ADJUSTMENT TO THE SUPPLY NEEDS OF THE MARKETS AND ALSO TO ALLOW FOR CARRY-OVER AND ADVANCE DRAWING AS BETWEEN ONE YEAR AND ANOTHER AND FOR TRANSFERS FROM ONE CATEGORY TO ANOTHER . THE QUOTAS FOR THE PERIOD 1 JANUARY TO 30 JUNE 1983 SHALL BE FIXED IN ANNEX II . THE QUOTAS FOR THE WHOLE OF 1983 AND FOR 1984 , 1985 AND 1986 SHALL BE FIXED BEFORE 1 JULY 1983 BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION . 2 . FOR THE PURPOSES OF THE APPLICATION OF THIS REGULATION , THE CONCEPT OF ORIGINATING PRODUCTS , AS WELL AS THE MEANS OF MONITORING THEIR ORIGIN , SHALL BE THOSE DEFINED BY THE RELEVANT COMMUNITY RULES IN FORCE . 3 . THE RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO THE PRESENTATION OF THE IMPORT AUTHORIZATION REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 1023/70 . NOTWITHSTANDING THE OTHER PROVISIONS OF THAT ARTICLE , THE IMPORT AUTHORIZATIONS SHALL BE ISSUED BY THE MEMBER STATES' AUTHORITIES . IMPORT AUTHORIZATIONS SHALL BE ISSUED BY THE MEMBER STATES' AUTHORITIES , SUBJECT TO THE REMAINING PROVISIONS OF THIS ARTICLE AND TO THE CONDITIONS WHICH MAY BE REQUIRED BY THE AFORESAID AUTHORITIES FOR THE ADMINISTRATION OF THE QUOTAS . THE AUTHORITIES OF THE MEMBER STATE OF IMPORTATION SHALL ISSUE THE IMPORT AUTHORIZATION WITHIN FIVE WORKING DAYS FROM THE PRESENTATION BY THE IMPORTER OF THE RELEVANT APPLICATION . IMPORTS AUTHORIZED IN ACCORDANCE WITH THE ABOVE PROVISIONS SHALL BE SET OFF AGAINST THE QUOTAS ESTABLISHED FOR THE YEAR IN WHICH THE PRODUCTS WERE LOADED ON BOARD IN TAIWAN . FOR THE PURPOSES OF THIS REGULATION , SHIPMENT OF THE GOODS IS CONSIDERED TO HAVE TAKEN PLACE ON THE DATE OF THEIR LOADING ONTO THE EXPORTING AIRCRAFT , VEHICLE OR VESSEL . 4 . THE RELEASE AFTER 1 JANUARY 1983 FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS COVERED BY THIS REGULATION SHALL BE SUBJECT TO THE SAME IMPORT ARRANGEMENTS AS WERE IN FORCE BEFORE THAT DATE , PROVIDED THAT THE PRODUCTS WERE LOADED ON BOARD IN TAIWAN BEFORE 1 JANUARY 1983 . 5 . SHOULD IT APPEAR THAT ADDITIONAL SUPPLIES OF A PRODUCT LISTED IN ANNEX II ARE REQUIRED IN THE COMMUNITY OR IN A GIVEN REGION OF THE COMMUNITY , IMPORTATION OF AMOUNTS GREATER THAN THOSE MENTIONED IN ANNEX II MAY BE AUTHORIZED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 2 OF REGULATION ( EEC ) NO 1023/70 . 6 . THE DEFINITION OF COMMUNITY QUANTITATIVE LIMITS LAID DOWN IN ANNEX II AND OF THE CATEGORIES OF PRODUCTS TO WHICH THEY APPLY SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , WHERE THIS PROVES NECESSARY TO ENSURE THAT ANY SUBSEQUENT AMENDMENT TO THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF OR THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND THE STATISTICS OF TRADE BETWEEN MEMBER STATE ( NIMEXE ) OR ANY DECISION AMENDING THE CLASSIFICATION OF SUCH PRODUCTS DOES NOT RESULT IN A REDUCTION OF SUCH QUANTITATIVE LIMITS . ARTICLE 3 1 . IMPORTS OF TEXTILE PRODUCTS IN THE CATEGORIES TO WHICH THIS REGULATION APPLIES , ORIGINATING IN TAIWAN AND NOT LISTED IN ANNEX II , MAY BE MADE SUBJECT TO QUANTITATIVE LIMITS IN THE COMMUNITY WHERE THE LEVEL OF THOSE IMPORTS EXCEEDS THE LEVEL OF THE TOTAL IMPORTS OF THE SAME PRODUCT IN THE PRECEDING YEAR BY THE FOLLOWING PERCENTAGES : - FOR THE CATEGORIES OF PRODUCTS IN GROUP I : 0.2 % , - FOR THE CATEGORIES OF PRODUCTS IN GROUP II : 1 % , - FOR THE CATEGORIES OF PRODUCTS IN GROUP III : 3 % . 2 . WHERE THE IMPORTS REFERRED TO IN PARAGRAPH 1 INTO A GIVEN REGION OF THE COMMUNITY EXCEED THE FOLLOWING REGIONAL PERCENTAGE OF THE TOTAL AMOUNT CALCULATED FOR THE COMMUNITY AS A WHOLE BY MEANS OF THE PERCENTAGES SHOWN IN PARAGRAPH 1 , THEY MAY BE MADE SUBJECT TO QUANTITATIVE LIMITATION IN THAT REGION : GERMANY * 28.5 % BENELUX * 10.5 % FRANCE * 18.5 % ITALY * 15 % DENMARK * 3 % IRELAND * 1 % UNITED KINGDOM * 23.5 % GREECE * 2 % 3 . SUCH LIMITS MAY NOT BE SET AT AN ANNUAL LEVEL LOWER THAN 106 % OF THE VOLUME OF IMPORTS DURING THE YEAR PRECEDING THAT IN WHICH IMPORTS EXCEEDED THE THRESHOLD ESTABLISHED IN ACCORDANCE WITH PARAGRAPH 1 , NOR LOWER THAN THE LEVEL ESTABLISHED UNDER PARAGRAPH 1 , NOR LOWER THAN THE 1980 VOLUME OF IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION ORIGINATING IN TAIWAN . 4 . THE LIMITS REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL BE SET BY THE COMMISSION IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 11 . 5 . THE PROVISIONS FOR THE ADMINISTRATION OF THE QUANTITATIVE QUOTAS DESCRIBED IN ARTICLE 2 , AND IN PARTICULAR ARTICLES 2 , 4 AND 6 TO 9 OF THIS REGULATION , SHALL APPLY TO QUANTITATIVE LIMITS ESTABLISHED UNDER THIS ARTICLE , SAVE FOR ANY DIFFERENT PROVISIONS ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 11 . ARTICLE 4 1 . THE MEMBER STATES MAY AUTHORIZE IMPORTS IN EXCESS OF THE QUANTITATIVE QUOTAS LAID DOWN BY ARTICLE 2 , EITHER BY CARRYING OVER UNUSED QUANTITIES FROM THE QUOTAS OF THE PRECEDING YEAR OR BY ADVANCE DRAWING ON THE QUOTAS FOR THE FOLLOWING YEAR , PROVIDED THAT SUCH CARRY-OVER OR ADVANCE DRAWING DOES NOT EXCEED 5 % OF THE QUOTA TO BE INCREASED . 2 . MEMBER STATES MAY AUTHORIZE THE TRANSFER OF UNUSED QUANTITIES IN ONE QUOTA TO ANOTHER QUOTA WITHIN THE FOLLOWING LIMITS ONLY : - BETWEEN CATEGORIES 4 TO 8 OF GROUP I : 3.5 % OF THE QUOTA TO WHICH THE TRANSFER IS MADE , - FROM THE CATEGORIES IN GROUPS I , II AND III TO CATEGORIES IN GROUPS II OR III : 5 % OF THE QUOTA TO WHICH THE TRANSFER IS MADE . THE TABLE OF EQUIVALENCES APPLYING TO THE TRANSFERS REFERRED TO IS GIVEN IN ANNEX I . 3 . THE CUMULATIVE APPLICATION OF THE FLEXIBILITY ARRANGEMENTS SET OUT IN THE PRECEDING PARAGRAPHS MAY NOT EXCEED , WITH REGARD TO EACH QUOTA : - 10 % FOR THE CATEGORIES IN GROUP I , - 11 % FOR THE CATEGORIES IN GROUPS II AND III . 4 . THE MEMBER STATES SHALL INFORM THE COMMISSION FORTHWITH EACH TIME THE PROVISIONS LAID DOWN IN THE PRECEDING PARAGRAPHS ARE INVOKED ; THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF . ANY QUESTION REGARDING THE APPLICATION OF THIS ARTICLE MAY BE THE SUBJECT OF CONSULTATIONS WITHIN THE COMMITTEE PROVIDED FOR IN ARTICLE 10 AT THE REQUEST OF ITS CHAIRMAN , EITHER ON THE LATTER'S INITIATIVE OR AT THE REQUEST OF A MEMBER STATE . ARTICLE 5 1 . IF IN A GIVEN YEAR THE LEVEL OF IMPORTS INTO THE COMMUNITY OR A REGION OF THE COMMUNITY OF A GIVEN CATEGORY OF GROUP I PRODUCTS LISTED IN ANNEX II EXCEEDS THE LEVEL OF IMPORTS IN THE PRECEDING YEAR BY 10 % OF THE COMMUNITY OR REGIONAL QUANTITATIVE QUOTA FOR THE CURRENT YEAR , THE COMMISSION MAY , AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , DECIDE , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , TO : - SUSPEND , WHOLLY OR IN PART , THE APPLICATION OF THE PROVISIONS OF ARTICLE 4 , OR - MODIFY THE QUANTITATIVE QUOTA ESTABLISHED IN ANNEX II BY ESTABLISHING AN AD HOC QUOTA BELOW THE EXISTING QUOTA , AND - MAKE CORRESPONDING ADJUSTMENTS BY WAY OF COMPENSATION . 2 . A QUANTITATIVE QUOTA MODIFIED PURSUANT TO PARAGRAPH 1 IN ANY YEAR PRECEDING THE FINAL YEAR OF APPLICATION OF THIS REGULATION YEAR SHALL BE SUBJECT TO A GROWTH RATE SO AS TO ENSURE THAT THE LEVEL OF THE QUANTITATIVE LIMIT ESTABLISHED IN ANNEX II FOR THE FINAL YEAR IS REGAINED IN THAT YEAR . 3 . A QUANTITATIVE QUOTA MODIFIED PURSUANT TO PARAGRAPH 1 MAY NOT BE SET AT A LEVEL LOWER THAN 125 % OF THE VOLUME OF IMPORTS ATTAINED DURING THE PRECEDING CALENDAR YEAR . 4 . THE PROVISIONS OF PARAGRAPH 1 SHALL NOT APPLY TO A GIVEN CATEGORY UNLESS THE QUANTITATIVE QUOTA ESTABLISHED IN ANNEX II FOR THAT CATEGORY REPRESENTS AT LEAST 1 % OF TOTAL COMMUNITY IMPORTS DURING 1980 . 5 . THE PROVISIONS OF PARAGRAPH 1 SHALL NOT APPLY TO A GIVEN CATEGORY UNLESS THE LEVEL OF IMPORTS ORIGINATING IN TAIWAN DURING THE CURRENT YEAR REPRESENTS AT LEAST 50 % OF THE QUANTITATIVE QUOTA SET OUT IN ANNEX II FOR THAT CATEGORY IN THE COMMUNITY AS A WHOLE OR IN ANY COMMUNITY REGION OR REGIONS CONCERNED . ARTICLE 6 1 . WHERE THE COMMISSION FINDS THAT PRODUCTS ORIGINATING IN TAIWAN WHICH ARE SUBJECT TO QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION HAVE BEEN TRANSHIPPED , RE-ROUTED OR OTHERWISE IMPORTED INTO THE COMMUNITY IN CIRCUMVENTION OF THIS REGULATION AND WHERE THERE IS CLEAR PROOF OF SUCH CIRCUMVENTION , THE COMMISSION MAY , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , DEDUCT FROM THE QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION AN AMOUNT EQUIVALENT TO THE AMOUNT OF THE PRODUCTS CONCERNED ORIGINATING IN TAIWAN . 2 . THE PROVISIONS OF PARAGRAPH 1 SHALL APPLY ALSO TO IMPORTS AFTER 1 JANUARY 1980 . ARTICLE 7 SPECIFIC QUOTAS FOR PRODUCTS OF ECONOMIC OUTWARD PROCESSING OPERATIONS FULFILLING THE CONDITIONS SET OUT IN REGULATION ( EEC ) NO 636/82 ( 5 ) MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROCEDURE DESCRIBED IN ARTICLE 11 IN RESPECT OF THE PRODUCTS LISTED IN ANNEX II OR SUBJECT TO QUANTITATIVE LIMITS UNDER ARTICLE 3 . ARTICLE 8 PRODUCTS REFERRED TO IN ARTICLE 1 WHICH ARE BROUGHT INTO THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER INWARD PROCESSING ARRANGEMENTS OR UNDER OTHER TEMPORARY ADMISSION ARRANGEMENTS AND RE-EXPORTED FROM THAT TERRITORY IN THE UNALTERED STATE OR AFTER PROCESSING SHALL NOT BE CHARGED AGAINST THE QUOTAS AS ESTABLISHED IN ARTICLES 2 AND 3 . ARTICLE 9 1 . PRODUCTS REFERRED TO IN ARTICLE 1 SHALL NOT BE SET OFF AGAINST THE QUOTAS REFERRED TO IN ARTICLES 2 AND 3 IF THEY COMPLY WITH THE CRITERIA SET OUT BELOW : ( A ) FABRICS , WOVEN ON HANDLOOMS ENTIRELY OPERATED BY HAND OR FOOT , OF A TRADITIONAL VARIETY MADE BY THE COTTAGE INDUSTRY IN TAIWAN ; ( B ) CLOTHES OR OTHER TEXTILE ARTICLES OF A TRADITIONAL VARIETY FABRICATED BY THE COTTAGE INDUSTRY IN TAIWAN , OBTAINED MANUALLY FROM FABRICS DESCRIBED ABOVE AND HANDSEWN WITHOUT THE AID OF MACHINERY ; ( C ) HANDMADE TRADITIONAL FOLKLORE TEXTILE PRODUCTS MADE BY THE COTTAGE INDUSTRY IN TAIWAN . 2 . FOR THE APPLICATION OF PARAGRAPH 1 , PRODUCTS MAY , ON IMPORTATION , BE ACCOMPANIED , AT THE REQUEST OF THE MEMBER STATE , BY A CERTIFICATE CONFORMING TO THE MODEL IN ANNEX III AND ISSUED BY THE TAIWAN TEXTILE FEDERATION . ARTICLE 10 WHERE REFERENCE IS MADE TO THE PROCEDURE PROVIDED FOR IN ARTICLE 11 , THE COMMITTEE REFERRED TO IN THE SAID ARTICLE SHALL , FOR THE PURPOSES AND THE LIFETIME OF THIS REGULATION , BE THE TEXTILE COMMITTEE SET UP UNDER ARTICLE 14 OF REGULATION ( EEC ) NO 3059/78 . ARTICLE 11 WHERE REFERENCE IS MADE TO THE PROCEDURE DEFINED IN THIS ARTICLE , THE FOLLOWING PROVISIONS SHALL APPLY : 1 . THE CHAIRMAN , ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE , SHALL REFER THE MATTER TO THE COMMITTEE . 2 . THE COMMISSION REPRESENTATIVE SHALL SUBMIT DRAFT MEASURES TO THE COMMITTEE . THE COMMITTEE SHALL DELIVER AN OPINION ON THE DRAFT MEASURES WITHIN A PERIOD WHICH MAY BE FIXED BY THE CHAIRMAN DEPENDING ON THE DEGREE OF URGENCY OF THE MATTERS TO BE EXAMINED . THE COMMITTEE SHALL DECIDE BY A QUALIFIED MAJORITY AS SPECIFIED IN THE FIRST INDENT OF ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE . 3 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES PROPOSED WHERE THEY ARE IN CONFORMITY WITH THE COMMITTEE'S OPINION . ( B ) WHERE THE MEASURES PROPOSED ARE NOT IN CONFORMITY WITH THE COMMITTEE'S OPINION , OR WHERE NO OPINION HAS BEEN GIVEN , THE COMMISSION SHALL SUBMIT TO THE COUNCIL WITHOUT DELAY A PROPOSAL FOR THE MEASURES TO BE TAKEN . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY . ( C ) SHOULD THE COUNCIL FAIL TO TAKE A DECISION WITHIN ONE MONTH OF THE DATE ON WHICH THE PROPOSAL WAS LAID BEFORE IT , THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES . ARTICLE 12 THE CHAIRMAN MAY , ON HIS OWN INITIATIVE OR AT THE REQUEST OF ONE OF THE MEMBER STATES' REPRESENTATIVES , CONSULT THE COMMITTEE ABOUT ANY OTHER MATTER RELATING TO THE OPERATION OF THIS REGULATION . ARTICLE 13 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1983 . IT SHALL APPLY UNTIL 31 DECEMBER 1986 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 23 DECEMBER 1982 . FOR THE COUNCIL THE PRESIDENT O . MOELLER ANNEXES : SEE O.J . NO L 374 OF 31 . 12 . 82

++++

( 1 ) OJ NO L 35 , 9 . 2 . 1982 , P . 1 .

( 2 ) OJ NO L 124 , 8 . 6 . 1970 , P . 1 .

( 3 ) OJ NO L 357 , 31 . 12 . 1977 , P . 51 .

( 4 ) OJ NO L 39 , 9 . 2 . 1978 , P . 1 .

( 5 ) OJ NO L 76 , 20 . 3 . 1982 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3587/82 OF 23 DECEMBER 1982 ON THE ARRANGEMENTS FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN TAIWAN

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 288/82 OF 5 FEBRUARY 1982 ON COMMON RULES FOR IMPORTS ( 1 ) , AND IN PARTICULAR ARTICLE 16 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1023/70 OF 25 MAY 1970 ESTABLISHING A COMMON PROCEDURE FOR ADMINISTERING QUANTITATIVE QUOTAS ( 2 ) , AND IN PARTICULAR ARTICLES 2 , 4 AND 5 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 3020/77 OF 30 DECEMBER 1977 ( 3 ) , AS CONFIRMED BY COUNCIL REGULATION ( EEC ) NO 255/78 OF 7 FEBRUARY 1978 ON THE ARRANGEMENTS FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN TAIWAN ( 4 ) , AND SUBSEQUENT AMENDMENTS THERETO , ALLOCATE QUANTITATIVE QUOTAS IN RESPECT OF IMPORTS INTO THE COMMUNITY AND LAY DOWN THE ARRANGEMENTS FOR IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION UP TO 31 DECEMBER 1982 ;

WHEREAS THOSE ARRANGEMENTS SHOULD BE MAINTAINED BEYOND THAT DATE AND ADJUSTED AS PART OF THE REVISION OF THE COMMUNITY'S OVERALL COMMERCIAL POLICY ON TEXTILE PRODUCTS ;

WHEREAS QUANTITATIVE COMMUNITY IMPORT QUOTAS SHOULD BE ESTABLISHED FOR CERTAIN TEXTILES ORIGINATING IN TAIWAN ; WHEREAS THE CONCEPT OF " ORIGINATING PRODUCTS " IS DEFINED BY THE COMMUNITY RULES IN FORCE ;

WHEREAS , FOR THE YEARS 1983 , 1984 , 1985 AND 1986 , THE SIZE OF THESE QUOTAS SHOULD BE FIXED IN SUCH A WAY AS TO ALLOW A CERTAIN ANNUAL GROWTH WHILST AVOIDING SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF SIMILAR OR DIRECTLY COMPETING PRODUCTS AND ALSO TO ALLOW CARRY-OVER AND ADVANCE DRAWING OF QUOTA SHARES AS BETWEEN ONE YEAR AND ANOTHER AND TRANSFERS FROM ONE CATEGORY OF PRODUCT TO ANOTHER ; WHEREAS , HOWEVER , SPECIFIC QUOTA VOLUMES SHOULD INITIALLY BE FIXED ONLY FOR THE FIRST HALF OF 1983 ;

WHEREAS , BECAUSE OF THE CONSIDERABLE DISPARITIES BETWEEN THE CONDITIONS TO WHICH IMPORTS INTO MEMBER STATES OF THE PRODUCTS IN QUESTION ARE AT PRESENT SUBJECT AND BECAUSE OF THE PARTICULAR SENSITIVITY OF THE COMMUNITY TEXTILE INDUSTRY , HARMONIZATION OF THESE IMPORT CONDITIONS CAN BE ACHIEVED ONLY GRADUALLY ; WHEREAS , TO THIS END , THE MAIN CRITERION FOR THE ALLOCATION OF THE COMMUNITY QUANTITATIVE QUOTAS SHOULD BE THAT THE VOLUMES ADMITTED UNDER THE PRESENT IMPORT CONDITIONS SHOULD BE GRADUALLY ADAPTED TO THE SUPPLY NEEDS OF THE MARKETS , WITH SIGNIFICANTLY HIGHER ANNUAL RATES OF INCREASE FOR MEMBER STATES IN WHICH THE VOLUMES ARE RELATIVELY THE SMALLEST , IN ORDER TO ALIGN THEM GRADUALLY ON THE SUPPLY NEEDS OF THE MARKETS ;

WHEREAS IT IS NECESSARY TO PROVIDE THAT NEITHER HANDICRAFT OR TRADITIONAL FOLKLORE PRODUCTS , FOR WHICH AN APPROPRIATE CERTIFICATION SYSTEM WILL BE DEVISED , NOR PRODUCTS INTRODUCED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER THE INWARD PROCESSING RULES OR UNDER OTHER TEMPORARY ADMISSION RULES AND RE-EXPORTED FROM THAT TERRITORY IN THE SAME STATE OR AFTER PROCESSING ARE TO BE SET OFF AGAINST THE ABOVEMENTIONED QUANTITATIVE QUOTAS ;

WHEREAS PROVISION SHOULD BE MADE FOR INTRODUCING , WHERE CERTAIN CONDITIONS ARE FULFILLED , QUANTITATIVE LIMITS ON TEXTILE PRODUCTS WHICH ARE INCLUDED IN THE IMPORT ARRANGEMENTS APPLICABLE TO TAIWAN BUT FOR WHICH NO QUANTITATIVE LIMIT HAS BEEN FIXED ;

WHEREAS IT SHOULD BE POSSIBLE , WHERE A QUANTITATIVE QUOTA HAS BEEN SUBSTANTIALLY UNDER-UTILIZED IN ONE YEAR , TO RESTRICT ON CERTAIN CONDITIONS THE GROWTH OF IMPORTS OF THE PRODUCT CONCERNED IN SUBSEQUENT YEARS ;

WHEREAS IT SHOULD BE POSSIBLE , WHERE IT IS FOUND THAT PRODUCTS ORIGINATING IN TAIWAN AND SUBJECT TO THIS REGULATION HAVE BEEN IMPORTED INTO THE COMMUNITY IN AN ATTEMPT TO EVADE THE PROVISIONS OF THIS REGULATION , TO DEDUCT THE QUANTITY OF GOODS CONCERNED FROM THE APPROPRIATE QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION ;

WHEREAS IT SHOULD BE POSSIBLE TO INTRODUCE SPECIFIC QUANTITATIVE QUOTAS FOR PRODUCTS OBTAINED UNDER THE OUTWARD PROCESSING RELIEF ARRANGEMENTS ;

WHEREAS THE IMPORT ARRANGEMENTS AT PRESENT IN FORCE EXPIRE ON 31 DECEMBER 1982 ; WHEREAS IT IS NECESSARY TO PROVIDE FOR TRANSITIONAL ARRANGEMENTS IN RESPECT OF PRODUCTS SHIPPED BEFORE 1 JANUARY 1983 ;

WHEREAS THE COMMISSION HAS CONSULTED THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 5 OF REGULATION ( EEC ) NO 288/82 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY 1983 TO 31 DECEMBER 1986 , IMPORTATION INTO THE COMMUNITY OF THE PRODUCTS INDICATED IN THE CATEGORIES LISTED IN ANNEX I SHALL BE GOVERNED BY THE PROVISIONS OF THIS REGULATION .

2 . CLASSIFICATION SHALL BE BASED ON THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AND ON THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY , AND THE STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) .

3 . SUBJECT TO THE PROVISIONS OF THIS REGULATION , IMPORTATION INTO THE COMMUNITY OF THE TEXTILE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL NOT BE SUBJECT TO QUANTITATIVE RESTRICTIONS OR TO MEASURES HAVING EQUIVALENT EFFECT .

1 . IN 1983 , 1984 , 1985 AND 1986 , IMPORTATION INTO THE COMMUNITY OF TEXTILE PRODUCTS LISTED IN ANNEX II AND ORIGINATING IN TAIWAN SHALL BE EFFECTED WITHIN THE LIMITS OF COMMUNITY QUANTITATIVE QUOTAS , THE ALLOCATION BEING MADE IN SUCH A WAY AS TO ENSURE THE EXPANSION AND ORDERLY DEVELOPMENT OF TRADE IN TEXTILES AND GRADUAL ADJUSTMENT TO THE SUPPLY NEEDS OF THE MARKETS AND ALSO TO ALLOW FOR CARRY-OVER AND ADVANCE DRAWING AS BETWEEN ONE YEAR AND ANOTHER AND FOR TRANSFERS FROM ONE CATEGORY TO ANOTHER .

THE QUOTAS FOR THE PERIOD 1 JANUARY TO 30 JUNE 1983 SHALL BE FIXED IN ANNEX II .

THE QUOTAS FOR THE WHOLE OF 1983 AND FOR 1984 , 1985 AND 1986 SHALL BE FIXED BEFORE 1 JULY 1983 BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .

2 . FOR THE PURPOSES OF THE APPLICATION OF THIS REGULATION , THE CONCEPT OF ORIGINATING PRODUCTS , AS WELL AS THE MEANS OF MONITORING THEIR ORIGIN , SHALL BE THOSE DEFINED BY THE RELEVANT COMMUNITY RULES IN FORCE .

3 . THE RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO THE PRESENTATION OF THE IMPORT AUTHORIZATION REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 1023/70 . NOTWITHSTANDING THE OTHER PROVISIONS OF THAT ARTICLE , THE IMPORT AUTHORIZATIONS SHALL BE ISSUED BY THE MEMBER STATES' AUTHORITIES . IMPORT AUTHORIZATIONS SHALL BE ISSUED BY THE MEMBER STATES' AUTHORITIES , SUBJECT TO THE REMAINING PROVISIONS OF THIS ARTICLE AND TO THE CONDITIONS WHICH MAY BE REQUIRED BY THE AFORESAID AUTHORITIES FOR THE ADMINISTRATION OF THE QUOTAS . THE AUTHORITIES OF THE MEMBER STATE OF IMPORTATION SHALL ISSUE THE IMPORT AUTHORIZATION WITHIN FIVE WORKING DAYS FROM THE PRESENTATION BY THE IMPORTER OF THE RELEVANT APPLICATION .

IMPORTS AUTHORIZED IN ACCORDANCE WITH THE ABOVE PROVISIONS SHALL BE SET OFF AGAINST THE QUOTAS ESTABLISHED FOR THE YEAR IN WHICH THE PRODUCTS WERE LOADED ON BOARD IN TAIWAN .

FOR THE PURPOSES OF THIS REGULATION , SHIPMENT OF THE GOODS IS CONSIDERED TO HAVE TAKEN PLACE ON THE DATE OF THEIR LOADING ONTO THE EXPORTING AIRCRAFT , VEHICLE OR VESSEL .

4 . THE RELEASE AFTER 1 JANUARY 1983 FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS COVERED BY THIS REGULATION SHALL BE SUBJECT TO THE SAME IMPORT ARRANGEMENTS AS WERE IN FORCE BEFORE THAT DATE , PROVIDED THAT THE PRODUCTS WERE LOADED ON BOARD IN TAIWAN BEFORE 1 JANUARY 1983 .

5 . SHOULD IT APPEAR THAT ADDITIONAL SUPPLIES OF A PRODUCT LISTED IN ANNEX II ARE REQUIRED IN THE COMMUNITY OR IN A GIVEN REGION OF THE COMMUNITY , IMPORTATION OF AMOUNTS GREATER THAN THOSE MENTIONED IN ANNEX II MAY BE AUTHORIZED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 2 OF REGULATION ( EEC ) NO 1023/70 .

6 . THE DEFINITION OF COMMUNITY QUANTITATIVE LIMITS LAID DOWN IN ANNEX II AND OF THE CATEGORIES OF PRODUCTS TO WHICH THEY APPLY SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , WHERE THIS PROVES NECESSARY TO ENSURE THAT ANY SUBSEQUENT AMENDMENT TO THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF OR THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND THE STATISTICS OF TRADE BETWEEN MEMBER STATE ( NIMEXE ) OR ANY DECISION AMENDING THE CLASSIFICATION OF SUCH PRODUCTS DOES NOT RESULT IN A REDUCTION OF SUCH QUANTITATIVE LIMITS .

1 . IMPORTS OF TEXTILE PRODUCTS IN THE CATEGORIES TO WHICH THIS REGULATION APPLIES , ORIGINATING IN TAIWAN AND NOT LISTED IN ANNEX II , MAY BE MADE SUBJECT TO QUANTITATIVE LIMITS IN THE COMMUNITY WHERE THE LEVEL OF THOSE IMPORTS EXCEEDS THE LEVEL OF THE TOTAL IMPORTS OF THE SAME PRODUCT IN THE PRECEDING YEAR BY THE FOLLOWING PERCENTAGES :

- FOR THE CATEGORIES OF PRODUCTS IN GROUP I : 0.2 % ,

- FOR THE CATEGORIES OF PRODUCTS IN GROUP II : 1 % ,

- FOR THE CATEGORIES OF PRODUCTS IN GROUP III : 3 % .

2 . WHERE THE IMPORTS REFERRED TO IN PARAGRAPH 1 INTO A GIVEN REGION OF THE COMMUNITY EXCEED THE FOLLOWING REGIONAL PERCENTAGE OF THE TOTAL AMOUNT CALCULATED FOR THE COMMUNITY AS A WHOLE BY MEANS OF THE PERCENTAGES SHOWN IN PARAGRAPH 1 , THEY MAY BE MADE SUBJECT TO QUANTITATIVE LIMITATION IN THAT REGION :

GERMANY * 28.5 %

BENELUX * 10.5 %

FRANCE * 18.5 %

ITALY * 15 %

DENMARK * 3 %

IRELAND * 1 %

UNITED KINGDOM * 23.5 %

GREECE * 2 %

3 . SUCH LIMITS MAY NOT BE SET AT AN ANNUAL LEVEL LOWER THAN 106 % OF THE VOLUME OF IMPORTS DURING THE YEAR PRECEDING THAT IN WHICH IMPORTS EXCEEDED THE THRESHOLD ESTABLISHED IN ACCORDANCE WITH PARAGRAPH 1 , NOR LOWER THAN THE LEVEL ESTABLISHED UNDER PARAGRAPH 1 , NOR LOWER THAN THE 1980 VOLUME OF IMPORTS OF THE CATEGORY OF PRODUCTS IN QUESTION ORIGINATING IN TAIWAN .

4 . THE LIMITS REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL BE SET BY THE COMMISSION IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 11 .

5 . THE PROVISIONS FOR THE ADMINISTRATION OF THE QUANTITATIVE QUOTAS DESCRIBED IN ARTICLE 2 , AND IN PARTICULAR ARTICLES 2 , 4 AND 6 TO 9 OF THIS REGULATION , SHALL APPLY TO QUANTITATIVE LIMITS ESTABLISHED UNDER THIS ARTICLE , SAVE FOR ANY DIFFERENT PROVISIONS ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 11 .

ARTICLE 4

1 . THE MEMBER STATES MAY AUTHORIZE IMPORTS IN EXCESS OF THE QUANTITATIVE QUOTAS LAID DOWN BY ARTICLE 2 , EITHER BY CARRYING OVER UNUSED QUANTITIES FROM THE QUOTAS OF THE PRECEDING YEAR OR BY ADVANCE DRAWING ON THE QUOTAS FOR THE FOLLOWING YEAR , PROVIDED THAT SUCH CARRY-OVER OR ADVANCE DRAWING DOES NOT EXCEED 5 % OF THE QUOTA TO BE INCREASED .

2 . MEMBER STATES MAY AUTHORIZE THE TRANSFER OF UNUSED QUANTITIES IN ONE QUOTA TO ANOTHER QUOTA WITHIN THE FOLLOWING LIMITS ONLY :

- BETWEEN CATEGORIES 4 TO 8 OF GROUP I : 3.5 % OF THE QUOTA TO WHICH THE TRANSFER IS MADE ,

- FROM THE CATEGORIES IN GROUPS I , II AND III TO CATEGORIES IN GROUPS II OR III : 5 % OF THE QUOTA TO WHICH THE TRANSFER IS MADE .

THE TABLE OF EQUIVALENCES APPLYING TO THE TRANSFERS REFERRED TO IS GIVEN IN ANNEX I .

3 . THE CUMULATIVE APPLICATION OF THE FLEXIBILITY ARRANGEMENTS SET OUT IN THE PRECEDING PARAGRAPHS MAY NOT EXCEED , WITH REGARD TO EACH QUOTA :

- 10 % FOR THE CATEGORIES IN GROUP I ,

- 11 % FOR THE CATEGORIES IN GROUPS II AND III .

4 . THE MEMBER STATES SHALL INFORM THE COMMISSION FORTHWITH EACH TIME THE PROVISIONS LAID DOWN IN THE PRECEDING PARAGRAPHS ARE INVOKED ; THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .

ANY QUESTION REGARDING THE APPLICATION OF THIS ARTICLE MAY BE THE SUBJECT OF CONSULTATIONS WITHIN THE COMMITTEE PROVIDED FOR IN ARTICLE 10 AT THE REQUEST OF ITS CHAIRMAN , EITHER ON THE LATTER'S INITIATIVE OR AT THE REQUEST OF A MEMBER STATE .

1 . IF IN A GIVEN YEAR THE LEVEL OF IMPORTS INTO THE COMMUNITY OR A REGION OF THE COMMUNITY OF A GIVEN CATEGORY OF GROUP I PRODUCTS LISTED IN ANNEX II EXCEEDS THE LEVEL OF IMPORTS IN THE PRECEDING YEAR BY 10 % OF THE COMMUNITY OR REGIONAL QUANTITATIVE QUOTA FOR THE CURRENT YEAR , THE COMMISSION MAY , AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , DECIDE , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , TO :

- SUSPEND , WHOLLY OR IN PART , THE APPLICATION OF THE PROVISIONS OF ARTICLE 4 , OR

- MODIFY THE QUANTITATIVE QUOTA ESTABLISHED IN ANNEX II BY ESTABLISHING AN AD HOC QUOTA BELOW THE EXISTING QUOTA , AND

- MAKE CORRESPONDING ADJUSTMENTS BY WAY OF COMPENSATION .

2 . A QUANTITATIVE QUOTA MODIFIED PURSUANT TO PARAGRAPH 1 IN ANY YEAR PRECEDING THE FINAL YEAR OF APPLICATION OF THIS REGULATION YEAR SHALL BE SUBJECT TO A GROWTH RATE SO AS TO ENSURE THAT THE LEVEL OF THE QUANTITATIVE LIMIT ESTABLISHED IN ANNEX II FOR THE FINAL YEAR IS REGAINED IN THAT YEAR .

3 . A QUANTITATIVE QUOTA MODIFIED PURSUANT TO PARAGRAPH 1 MAY NOT BE SET AT A LEVEL LOWER THAN 125 % OF THE VOLUME OF IMPORTS ATTAINED DURING THE PRECEDING CALENDAR YEAR .

4 . THE PROVISIONS OF PARAGRAPH 1 SHALL NOT APPLY TO A GIVEN CATEGORY UNLESS THE QUANTITATIVE QUOTA ESTABLISHED IN ANNEX II FOR THAT CATEGORY REPRESENTS AT LEAST 1 % OF TOTAL COMMUNITY IMPORTS DURING 1980 .

5 . THE PROVISIONS OF PARAGRAPH 1 SHALL NOT APPLY TO A GIVEN CATEGORY UNLESS THE LEVEL OF IMPORTS ORIGINATING IN TAIWAN DURING THE CURRENT YEAR REPRESENTS AT LEAST 50 % OF THE QUANTITATIVE QUOTA SET OUT IN ANNEX II FOR THAT CATEGORY IN THE COMMUNITY AS A WHOLE OR IN ANY COMMUNITY REGION OR REGIONS CONCERNED .

ARTICLE 6

1 . WHERE THE COMMISSION FINDS THAT PRODUCTS ORIGINATING IN TAIWAN WHICH ARE SUBJECT TO QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION HAVE BEEN TRANSHIPPED , RE-ROUTED OR OTHERWISE IMPORTED INTO THE COMMUNITY IN CIRCUMVENTION OF THIS REGULATION AND WHERE THERE IS CLEAR PROOF OF SUCH CIRCUMVENTION , THE COMMISSION MAY , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 11 , DEDUCT FROM THE QUANTITATIVE QUOTAS ESTABLISHED UNDER THIS REGULATION AN AMOUNT EQUIVALENT TO THE AMOUNT OF THE PRODUCTS CONCERNED ORIGINATING IN TAIWAN .

2 . THE PROVISIONS OF PARAGRAPH 1 SHALL APPLY ALSO TO IMPORTS AFTER 1 JANUARY 1980 .

ARTICLE 7

SPECIFIC QUOTAS FOR PRODUCTS OF ECONOMIC OUTWARD PROCESSING OPERATIONS FULFILLING THE CONDITIONS SET OUT IN REGULATION ( EEC ) NO 636/82 ( 5 ) MAY BE ESTABLISHED IN ACCORDANCE WITH THE PROCEDURE DESCRIBED IN ARTICLE 11 IN RESPECT OF THE PRODUCTS LISTED IN ANNEX II OR SUBJECT TO QUANTITATIVE LIMITS UNDER ARTICLE 3 .

ARTICLE 8

PRODUCTS REFERRED TO IN ARTICLE 1 WHICH ARE BROUGHT INTO THE CUSTOMS TERRITORY OF THE COMMUNITY UNDER INWARD PROCESSING ARRANGEMENTS OR UNDER OTHER TEMPORARY ADMISSION ARRANGEMENTS AND RE-EXPORTED FROM THAT TERRITORY IN THE UNALTERED STATE OR AFTER PROCESSING SHALL NOT BE CHARGED AGAINST THE QUOTAS AS ESTABLISHED IN ARTICLES 2 AND 3 .

ARTICLE 9

1 . PRODUCTS REFERRED TO IN ARTICLE 1 SHALL NOT BE SET OFF AGAINST THE QUOTAS REFERRED TO IN ARTICLES 2 AND 3 IF THEY COMPLY WITH THE CRITERIA SET OUT BELOW :

( A ) FABRICS , WOVEN ON HANDLOOMS ENTIRELY OPERATED BY HAND OR FOOT , OF A TRADITIONAL VARIETY MADE BY THE COTTAGE INDUSTRY IN TAIWAN ;

( B ) CLOTHES OR OTHER TEXTILE ARTICLES OF A TRADITIONAL VARIETY FABRICATED BY THE COTTAGE INDUSTRY IN TAIWAN , OBTAINED MANUALLY FROM FABRICS DESCRIBED ABOVE AND HANDSEWN WITHOUT THE AID OF MACHINERY ;

( C ) HANDMADE TRADITIONAL FOLKLORE TEXTILE PRODUCTS MADE BY THE COTTAGE INDUSTRY IN TAIWAN .

2 . FOR THE APPLICATION OF PARAGRAPH 1 , PRODUCTS MAY , ON IMPORTATION , BE ACCOMPANIED , AT THE REQUEST OF THE MEMBER STATE , BY A CERTIFICATE CONFORMING TO THE MODEL IN ANNEX III AND ISSUED BY THE TAIWAN TEXTILE FEDERATION .

WHERE REFERENCE IS MADE TO THE PROCEDURE PROVIDED FOR IN ARTICLE 11 , THE COMMITTEE REFERRED TO IN THE SAID ARTICLE SHALL , FOR THE PURPOSES AND THE LIFETIME OF THIS REGULATION , BE THE TEXTILE COMMITTEE SET UP UNDER ARTICLE 14 OF REGULATION ( EEC ) NO 3059/78 .

ARTICLE 11

WHERE REFERENCE IS MADE TO THE PROCEDURE DEFINED IN THIS ARTICLE , THE FOLLOWING PROVISIONS SHALL APPLY :

1 . THE CHAIRMAN , ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE , SHALL REFER THE MATTER TO THE COMMITTEE .

2 . THE COMMISSION REPRESENTATIVE SHALL SUBMIT DRAFT MEASURES TO THE COMMITTEE . THE COMMITTEE SHALL DELIVER AN OPINION ON THE DRAFT MEASURES WITHIN A PERIOD WHICH MAY BE FIXED BY THE CHAIRMAN DEPENDING ON THE DEGREE OF URGENCY OF THE MATTERS TO BE EXAMINED . THE COMMITTEE SHALL DECIDE BY A QUALIFIED MAJORITY AS SPECIFIED IN THE FIRST INDENT OF ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .

3 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES PROPOSED WHERE THEY ARE IN CONFORMITY WITH THE COMMITTEE'S OPINION .

( B ) WHERE THE MEASURES PROPOSED ARE NOT IN CONFORMITY WITH THE COMMITTEE'S OPINION , OR WHERE NO OPINION HAS BEEN GIVEN , THE COMMISSION SHALL SUBMIT TO THE COUNCIL WITHOUT DELAY A PROPOSAL FOR THE MEASURES TO BE TAKEN . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .

( C ) SHOULD THE COUNCIL FAIL TO TAKE A DECISION WITHIN ONE MONTH OF THE DATE ON WHICH THE PROPOSAL WAS LAID BEFORE IT , THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES .

ARTICLE 12

THE CHAIRMAN MAY , ON HIS OWN INITIATIVE OR AT THE REQUEST OF ONE OF THE MEMBER STATES' REPRESENTATIVES , CONSULT THE COMMITTEE ABOUT ANY OTHER MATTER RELATING TO THE OPERATION OF THIS REGULATION .

ARTICLE 13

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1983 .

IT SHALL APPLY UNTIL 31 DECEMBER 1986 .

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

DONE AT BRUSSELS , 23 DECEMBER 1982 .

FOR THE COUNCIL

THE PRESIDENT

O . MOELLER

ANNEXES : SEE O.J . NO L 374 OF 31 . 12 . 82