Avis juridique important

Council Regulation (EEC) No 3420/83 of 14 November 1983 on import arrangements for products originating in State-trading countries, not liberalized at Community level Official Journal L 346 , 08/12/1983 P. 0006 - 0090 Spanish special edition: Chapter 11 Volume 19 P. 0008 Portuguese special edition Chapter 11 Volume 19 P. 0008

+++++ ( 1 ) OJ NO L 353 , 29 . 12 . 1980 , P . 1 . ( 2 ) OJ NO L 115 , 27 . 4 . 1981 , P . 1 . ( 3 ) OJ NO L 361 , 22 . 12 . 1982 , P . 1 . ( 4 ) OJ NO L 360 , 29 . 12 . 1980 , P . 1 . ( 5 ) OJ NO L 380 , 31 . 12 . 1981 , P . 1 . ( 6 ) OJ NO L 71 , 17 . 3 . 1983 , P . 1 . ( 7 ) OJ NO L 195 , 5 . 7 . 1982 , P . 1 . ( 8 ) OJ NO L 195 , 5 . 7 . 1982 , P . 21 . ( 9 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL . COUNCIL REGULATION ( EEC ) NO 3420/83 OF 14 NOVEMBER 1983 ON IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN STATE-TRADING COUNTRIES , NOT LIBERALIZED AT COMMUNITY LEVEL THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS , IN THE CONTEXT OF THE COMMON COMMERCIAL POLICY , THE COMMON ARRANGEMENTS FOR IMPORTS INTO THE COMMUNITY OF PRODUCTS FROM STATE-TRADING COUNTRIES SHOULD BE COMPLETED ; WHEREAS , TO THAT END , COUNCIL REGULATION ( EEC ) NO 3286/80 OF 4 DECEMBER 1980 ON IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES ( 1 ) ESTABLISHED THE IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN THOSE COUNTRIES , NOT LIBERALIZED AT COMMUNITY LEVEL , AND PROVIDED FOR DETAILED RULES FOR THE ESTABLISHMENT OF IMPORT QUOTAS AND FOR THE AMENDMENT OF THE SAID IMPORT ARRANGEMENTS ; WHEREAS THE SAID REGULATION ALSO CREATED THE APPROPRIATE FRAMEWORK FOR THE HOLDING OF COMMUNITY CONSULTATIONS ON THE COMPLETION OF THE COMMON IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES AND ON THE ADMINISTRATION OF TRADE AGREEMENTS BETWEEN THE COMMUNITY AND THOSE COUNTRIES ; WHEREAS REGULATION ( EEC ) NO 3286/80 HAS BEEN AMENDED BY DECISION 81/248/EEC ( 2 ) AND REGULATION ( EEC ) NO 3424/82 ( 3 ) ; WHEREAS THE IMPORT ARRANGEMENTS FOR THE SAME PRODUCTS ORIGINATING IN ROMANIA , ADOPTED FOLLOWING THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE COMMUNITY AND THAT COUNTRY ON TRADE IN INDUSTRIAL PRODUCTS , WERE ADOPTED SEPARATELY BY REGULATION ( EEC ) NO 3449/80 ( 4 ) , AS AMENDED BY REGULATIONS ( EEC ) NO 3799/81 ( 5 ) AND ( EEC ) NO 585/83 ( 6 ) ; WHEREAS , IN ORDER TO FACILITATE THE UNDERSTANDING AND CORRECT APPLICATION OF ALL THE ABOVE INSTRUMENTS , THEY SHOULD BE CONSOLIDATED AND UPDATED TO TAKE ACCOUNT OF THE CHANGES THAT HAVE TAKEN PLACE SINCE THEIR ADOPTION IN OTHER COMMUNITY ACTS RELATING TO COMMERCIAL POLICY TO WHICH THEY REFER AND WITH WHICH IT APPEARS NECESSARY TO BRING THEM INTO LINE FROM THE TECHNICAL VIEWPOINT , HAS ADOPTED THIS REGULATION : TITLE I PRODUCTS COVERED ARTICLE 1 1 . THIS REGULATION SHALL APPLY TO IMPORTS OF PRODUCTS ORIGINATING IN THE STATE-TRADING COUNTRIES LISTED IN ANNEX I , WITH THE EXCEPTION OF : - PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 1765/82 OF 30 JUNE 1982 ON COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES ( 7 ) , - PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 1766/82 OF 30 JUNE 1982 ON COMMON RULES FOR IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA ( 8 ) , - PRODUCTS COVERED BY THE ANNEX TO COUNCIL REGULATION ( EEC ) NO 3419/83 OF 14 NOVEMBER 1983 ON CERTAIN DETAILED RULES FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE COMMUNITY AND ROMANIA ON TRADE IN INDUSTRIAL PRODUCTS ( 9 ) , - TEXTILE PRODUCTS SUBJECT TO SPECIFIC COMMON RULES FOR IMPORTS , AS REGARDS THE STATE-TRADING COUNTRIES TO WHICH THOSE RULES APPLY , AND DURING THE PERIOD OF APPLICATION OF THE SAID RULES , - PRODUCTS INTENDED FOR DISPLAY OR USE AT EXHIBITIONS , FAIRS , MEETINGS OR SIMILAR EVENTS . 2 . THIS REGULATION SHALL APPLY SUBJECT TO ANY SPECIAL MEASURES TAKEN , AS THE CASE MAY BE , FOR THE APPLICATION OF AGREEMENTS WITH STATE-TRADING COUNTRIES . 3 . THIS REGULATION SHALL APPLY , BY WAY OF A COMPLEMENT , TO PRODUCTS WHICH ARE SUBJECT TO RULES ON THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS OR TO SPECIFIC RULES ADOPTED PURSUANT TO ARTICLE 235 OF THE TREATY APPLICABLE TO GOODS OBTAINED BY PROCESSING AGRICULTURAL PRODUCTS , IN SO FAR AS SUCH RULES STILL ALLOW MEMBER STATES TO IMPOSE QUANTITATIVE IMPORT RESTRICTIONS . 4 . FOR THE PURPOSES OF THIS REGULATION , TEXTILE PRODUCTS FALLING WITHIN CHAPTERS 50 TO 62 OF THE COMMON CUSTOMS TARIFF SHALL BE CLASSIFIED IN CATEGORIES AS SET OUT IN ANNEX II . 5 . FOR THE PURPOSES OF THIS REGULATION , THE BENELUX COUNTRIES SHALL BE REGARDED AS CONSTITUTING A SINGLE MEMBER STATE . TITLE II PRODUCTS SUBJECT TO QUANTITATIVE IMPORT RESTRICTIONS ARTICLE 2 1 . THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS LISTED IN ANNEX III ORIGINATING IN STATE-TRADING COUNTRIES SHALL BE SUBJECT TO QUANTITATIVE RESTRICTIONS IN THE MEMBER STATES AS INDICATED IN THAT ANNEX AGAINST THOSE PRODUCTS . 2 . THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO PRODUCTION OF AN IMPORT AUTHORIZATION OR EQUIVALENT DOCUMENT ISSUED BY THE COMPETENT AUTHORITIES IN THE MEMBER STATES CONCERNED , WITHIN LIMITS TO BE DEFINED IN ACCORDANCE WITH ARTICLE 3 OR AS LAID DOWN IN ARTICLE 4 . ARTICLE 3 1 . BEFORE 1 DECEMBER OF EACH YEAR THE COUNCIL SHALL , IN ACCORDANCE WITH ARTICLE 113 OF THE TREATY , LAY DOWN THE IMPORT QUOTAS TO BE OPENED BY THE MEMBER STATES FOR THE FOLLOWING YEAR IN RESPECT OF THE VARIOUS STATE-TRADING COUNTRIES FOR THE PRODUCTS REFERRED TO IN ARTICLE 2 ( 1 ) . THIS PROVISION SHALL NOT AFFECT THE RULES GOVERNING , IN THE MEMBER STATES , THE OPENING AND AMINISTRATION OF QUOTAS . 2 . HOWEVER , IF NO COUNCIL DECISION HAS BEEN ADOPTED BY THAT DATE , THE EXISTING IMPORT QUOTAS SHALL BE EXTENDED ON A PROVISIONAL BASIS FOR THE FOLLOWING YEAR . ANY AMENDMENTS MADE EXCEPTIONALLY DURING THE YEAR AND EXPRESSLY VALID FOR THAT YEAR ONLY SHALL NOT BE COVERED BY SUCH EXTENSION . IN SUCH CASE , THE COUNCIL SHALL ADOPT , BEFORE 1 MARCH OF THE NEW YEAR , PURSUANT TO ARTICLE 113 OF THE TREATY , ANY NECESSARY AMENDMENTS TO THE IMPORT QUOTAS THUS EXTENDED . 3 . THE MEMBER STATES SHALL NOTIFY THE COMMISSION BY ANY APPROPRIATE MEANS OF THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS WHEREBY THEY ARE TO OPEN AT NATIONAL LEVEL THE IMPORT QUOTAS FIXED IN ACCORDANCE WITH THIS REGULATION . ARTICLE 4 1 . IN ADMINISTERING THE IMPORT ARRANGEMENTS RESULTING FROM ARTICLES 2 AND 3 , MEMBER STATES MAY , SUBJECT TO PARAGRAPHS 2 AND 3 OF THIS ARTICLE , ADOPT THE FOLLOWING MEASURES WITHOUT HAVING TO INITIATE THE AMENDMENT PROCEDURE PROVIDED FOR IN ARTICLE 7 : ( A ) PRODUCTS SUBJECT TO QUANTITATIVE IMPORT RESTRICTIONS IN A SINGLE MEMBER STATE IN THE LIGHT OF THE ECONOMIC REQUIREMENTS OF THE MARKET , THE MEMBER STATE CONCERNED MAY : ( I ) FOR PRODUCTS SUBJECT TO QUOTAS , EXCEED THE AMOUNT OF THE QUOTAS ; ( II ) FOR PRODUCTS FOR WHICH NO QUOTA HAS BEEN LAID DOWN , OPEN IMPORT FACILITIES . ( B ) PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS IN MORE THAN ONE MEMBER STATE IN AN EMERGENCY , AND IF THE ECONOMIC REQUIREMENTS OF THE MARKET MAKE THIS NECESSARY , THE MEMBER STATES CONCERNED MAY , FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS WHETHER OR NOT SUBJECT TO QUOTAS , OPEN FURTHER IMPORT FACILITIES WITHIN THE FOLLOWING ANNUAL LIMITS : ( I ) FOR TEXTILE PRODUCTS IN ANNEX II , OTHER THAN THOSE IN GROUP I , WHICH ARE SUBJECT TO QUANTITATIVE RESTRICTIONS IN SEVEN OR MORE MEMBER STATES : 5 % OF ANY QUOTA IF IT HAS BEEN USED UP , WITH THE POSSIBILITY OF ATTAINING A VALUE OF 50 000 ECU ; ( II ) FOR THE TEXTILE PRODUCTS LISTED ABOVE WHICH ARE SUBJECT TO QUANTITATIVE RESTRICTIONS IN SIX OR FEWER MEMBER STATES AND FOR PRODUCTS OTHER THAN THOSE LISTED IN ANNEX II : 20 % OF ANY QUOTA IF IT HAS BEEN USED UP , WITH THE POSSIBILITY OF ATTAINING A VALUE OF 100 000 ECU IN ANY EVENT . 2 . WHEN A MEMBER STATE WHICH IS ALONE IN MAINTAINING A QUANTITATIVE IMPORT RESTRICTION PROPOSES TO ABOLISH OR SUSPEND SUCH A RESTRICTION , IT SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES IN ACCORDANCE WITH ARTICLE 7 ( 1 ) . THE PROPOSED MEASURE SHALL NOT BE SUBJECT TO PRIOR CONSULTATION AND SHALL BE ADOPTED BY THE COMMISSION WITHIN 10 WORKING DAYS . 3 . PARAGRAPHS 1 AND 2 SHALL CEASE TO APPLY IN RESPECT OF A STATE-TRADING COUNTRY FROM THE TIME WHEN THE OPENING OF TRADE NEGOTIATIONS BETWEEN THE COMMUNITY AND THAT COUNTRY HAS BEEN AUTHORIZED UNTIL THE SIGNATURE OF THE AGREEMENT NEGOTIATED ; ONLY ARTICLE 7 SHALL APPLY IN SUCH A CASE . 4 . THE MEMBER STATES SHALL , EVERY SIX MONTHS , INFORM THE COMMISSION , WHICH WILL IN TURN INFORM THE CONSULTATION COMMITTEE PROVIDED FOR IN ARTICLE 12 , OF THE MEASURES ADOPTED IN ACCORDANCE WITH PARAGRAPH 1 . SUCH INFORMATION SHALL BE SUPPLIED CONCERNING THE MEASURES PROVIDED FOR IN PARAGRAPH 1 ( B ) IF THE LIMITS OF 5 AND 20 % ARE REACHED . 5 . AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , CONSULTATIONS SHALL BE HELD RETROSPECTIVELY , IN ACCORDANCE WITH ARTICLE 8 , ON MEASURES ADOPTED BY THE MEMBER STATES PURSUANT TO PARAGRAPHS 1 AND 2 . ARTICLE 5 PRODUCTS IMPORTED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY AND SUBJECT TO PROCESSING OR OTHER TEMPORARY IMPORT ARRANGEMENTS AND DECLARED AS BEING INTENDED FOR RE-EXPORT FROM THAT TERRITORY EITHER WITH OR WITHOUT FURTHER PROCESSING SHALL NOT BE CHARGED AGAINST THE QUOTAS OR OTHER IMPORT FACILITIES OPENED IN ACCORDANCE WITH ARTICLE 4 , PROVIDED THE PRODUCTS IN QUESTION ARE ACTUALLY RE-EXPORTED . TITLE III LIBERALIZED PRODUCTS ARTICLE 6 THE IMPORTATION INTO THE MEMBER STATES OF PRODUCTS NOT SUBJECT TO THE IMPORT ARRANGEMENTS PROVIDED FOR IN ARTICLE 2 SHALL NOT BE LIABLE TO ANY QUANTITATIVE RESTRICTIONS . IMPORTS OF THESE PRODUCTS MAY BE SUBJECT TO AN AUTOMATIC LICENSING SYSTEM . TITLE IV AMENDMENT OF THE IMPORT ARRANGEMENTS ARTICLE 7 1 . WHERE A MEMBER STATE CONSIDERS THAT THE IMPORT ARRANGEMENTS LAID DOWN IN ACCORDANCE WITH THIS REGULATION SHOULD BE AMENDED , IT SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION THEREOF , SPECIFYING INTER ALIA WHETHER THE PROPOSED MEASURE IS TO BE OF AN EXCEPTIONAL NATURE . 2 . AMENDMENTS TO THE IMPORT ARRANGEMENTS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLES 8 AND 9 . ARTICLE 8 1 . AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , THE PROPOSED MEASURE SHALL BE THE SUBJECT OF PRIOR CONSULTATION WITHIN THE COMMITTEE PROVIDED FOR IN ARTICLE 12 . 2 . THE PURPOSE OF THE CONSULTATION SHALL BE TO ASCERTAIN THE EFFECTS OF THE PROPOSED MEASURE WITH REGARD TO COMPLETION OF COMMON IMPORT ARRANGEMENTS AND TO ENSURE THAT THE PROPOSED MEASURE DOES NOT AFFECT THE PROPER FUNCTIONING OF THE COMMON MARKET . IF NECESSARY , THE CONSULTATION SHALL DEAL WITH OTHER APPROACHES IN THE LIGHT BOTH OF THESE AIMS AND OF THE PARTICULAR SITUATION WHICH PROMPTED THE REQUEST BY THE MEMBER STATE . 3 . THE COMMITTEE SHALL TAKE INTO ACCOUNT , IN PARTICULAR , THE SITUATION IN THE RELEVANT SECTOR OF THE ECONOMY AND , WHERE APPROPRIATE , THE VOLUME OF TRADITIONAL IMPORTS . ARTICLE 9 1 . IF THE COMMISSION DOES NOT REQUEST CONSULTATION WITHIN FIVE WORKING DAYS OF RECEIVING THE INFORMATION PROVIDED FOR IN ARTICLE 7 AND HAS RECEIVED NO REQUEST FOR CONSULTATION FROM ANY OF THE MEMBER STATES BY THE END OF THAT PERIOD , IT SHALL FORTHWITH ADOPT THE PROPOSED MEASURE . 2 . IN OTHER CASES , CONSULTATION SHALL COMMENCE WITHIN 10 WORKING DAYS OF RECEIPT OF THE INFORMATION REFERRED TO IN ARTICLE 7 ( 1 ) . 3 . IF AFTER CONSULTATION NO OBJECTION HAS BEEN RAISED BY A MEMBER STATE OR BY THE COMMISSION , THE LATTER SHALL FORTHWITH ADOPT THE PROPOSED MEASURE . 4 . IN OTHER CASES , THE COMMISSION SHALL , WITHIN 20 WORKING DAYS OF THE OPENING OF CONSULTATION , EITHER ADOPT THE PROPOSED MEASURE OR , IN ACCORDANCE WITH ARTICLE 113 OF THE TREATY , SUBMIT A PROPOSAL TO THE COUNCIL CONCERNING THE MEASURES TO BE TAKEN . IN THE LATTER CASE , UNTIL SUCH TIME AS THE COUNCIL HAS ACTED IN ACCORDANCE WITH PARAGRAPH 6 , THE MEMBER STATE CONCERNED SHALL SUSPEND IMPLEMENTATION OF THE PROPOSED MEASURE , EXCEPT WHERE IT MAKES USE OF THE POSSIBILITY PROVIDED FOR IN ARTICLE 10 . 5 . ANY DECISION TAKEN BY THE COMMISSION PURSUANT TO PARAGRAPH 1 OR 3 SHALL BE COMMUNICATED FORTHWITH TO THE MEMBER STATE CONCERNED . ANY DECISION TAKEN BY THE COMMISSION PURSUANT TO THE FIRST SUBPARAGRAPH OF PARAGRAPH 4 SHALL BE COMMUNICATED FORTHWITH TO THE COUNCIL AND THE MEMBER STATES . COMMISSION DECISIONS SHALL APPLY AT ONCE , SUBJECT TO PARAGRAPH 8 . 6 . IF THE COMMISSION REFERS THE MATTER TO THE COUNCIL , THE LATTER SHALL ACT BY A QUALIFIED MAJORITY . 7 . SUBJECT TO PARAGRAPH 8 , ANY MEMBER STATE WHICH HAS RAISED AN OBJECTION TO THE PROPOSED MEASURE DURING CONSULTATION MAY REFER THE COMMISSION'S DECISION TO THE COUNCIL WITHIN ONE MONTH OF THE DATE ON WHICH THAT DECISION WAS COMMUNICATED . WITHIN A PERIOD OF TWO MONTHS FOLLOWING THE DATE ON WHICH THE MATTER WAS REFERRED TO IT , THE COUNCIL SHALL DECIDE BY A QUALIFIED MAJORITY WHETHER TO AMEND OR REVOKE THE COMMISSION'S DECISION . 8 . WHERE THE COMMISSION'S DECISION COMPRISES MEASURES DESIGNED TO MAKE THE IMPORT ARRANGEMENTS MORE FLEXIBLE , IT SHALL APPLY AS FROM THE SIXTH WORKING DAY FOLLOWING THE DATE OF ITS COMMUNICATION , UNLESS A MEMBER STATE WHICH OBJECTED TO THE PROPOSED MEASURE DURING CONSULTATION REFERS THE DECISION TO THE COUNCIL . IN THIS CASE , THE COUNCIL SHALL TAKE A DECISION IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF PARAGRAPH 7 . IF THE COUNCIL , HAS NOT TAKEN A DECISION AT THE END OF THE STIPULATED PERIOD , THE COMMISSION'S DECISION SHALL APPLY . 9 . AMENDMENTS MADE TO THE IMPORT ARRANGEMENTS IN ACCORDANCE WITH PARAGRAPHS 1 , 3 AND 4 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . 10 . THE COMMISSION SHALL PERIODICALLY PUBLISH AN UPDATED VERSION OF THE ANNEXES TO THIS REGULATION , INCORPORATING AMENDMENTS ADOPTED BY IT OR BY THE COUNCIL . ARTICLE 10 IN A PARTICULARLY URGENT CASE , MEASURES TO RESTRICT IMPORT FACILITIES BY : - WITHDRAWING LIBERALIZATION OF ONE OR MORE PRODUCTS , - ABOLISHING OR REDUCING A QUOTA , MAY BE APPLIED BY THE MEMBER STATES , FOLLOWING THE SUBMISSION OF THE REQUEST FOR AMENDMENT PROVIDED FOR IN ARTICLE 7 , BUT WITHOUT AWAITING ANY CONSULTATION WHICH MIGHT BE REQUESTED UNDER ARTICLE 8 . THESE MEASURES SHALL APPLY UNTIL THE ENTRY INTO FORCE OF THE DECISION OF THE COMMISSION OR OF THE COUNCIL , IF THE MATTER HAS BEEN REFERRED TO THE LATTER IN ACCORDANCE WITH ARTICLE 9 ( 4 ) . ARTICLE 11 WITHOUT PREJUDICE TO OTHER COMMUNITY PROVISIONS , THIS REGULATION SHALL NOT PRECLUDE THE ADOPTION OR APPLICATION BY A MEMBER STATE OF PROHIBITIONS OR QUANTITATIVE RESTRICTIONS ON IMPORTS ON GROUNDS OF PUBLIC MORALITY , PUBLIC POLICY OR PUBLIC SECURITY , THE PROTECTION OF HEALTH AND LIFE OF HUMANS , ANIMALS OR PLANTS , THE PROTECTION OF NATIONAL TREASURES POSSESSING ARTISTIC , HISTORIC OR ARCHAEOLOGICAL VALUE , OR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY . TITLE V CONSULTATION COMMITTEE ARTICLE 12 1 . A CONSULTATION COMMITTEE , HEREINAFTER REFERRED TO AS " THE COMMITTEE " , IS HEREBY SET UP , CONSISTING OF REPRESENTATIVES OF THE MEMBER STATES AND CHAIRED BY A REPRESENTATIVE OF THE COMMISSION . 2 . MATTERS SHALL BE PUT BEFORE THE COMMITTEE BY ITS CHAIRMAN AT HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE . ARTICLE 13 WITHOUT PREJUDICE TO THE CONSULTATIONS PROVIDED FOR IN ARTICLES 8 AND 9 , THE COMMITTEE MAY : - EXAMINE QUESTIONS CONNECTED WITH THE APPLICATION OF THIS REGULATION AND RELATING TO THE ADMINISTRATION OF IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES , - DEAL WITH QUESTIONS RELATING TO THE ADMINISTRATION OF TRADE AGREEMENTS CONCLUDED BETWEEN THE COMMUNITY AND SUCH THIRD COUNTRIES . TITLE VI FINAL PROVISIONS ARTICLE 14 REGULATIONS ( EEC ) NO 3286/80 AND ( EEC ) NO 3424/82 AND DECISION 81/248/EEC ARE HEREBY REPEALED . ARTICLE 15 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 14 NOVEMBER 1983 . FOR THE COUNCIL THE PRESIDENT C . SIMITIS ANNEXES : SEE OJ NO L 346 OF 8 . 12 . 1983 .

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( 1 ) OJ NO L 353 , 29 . 12 . 1980 , P . 1 .

( 2 ) OJ NO L 115 , 27 . 4 . 1981 , P . 1 .

( 3 ) OJ NO L 361 , 22 . 12 . 1982 , P . 1 .

( 4 ) OJ NO L 360 , 29 . 12 . 1980 , P . 1 .

( 5 ) OJ NO L 380 , 31 . 12 . 1981 , P . 1 .

( 6 ) OJ NO L 71 , 17 . 3 . 1983 , P . 1 .

( 7 ) OJ NO L 195 , 5 . 7 . 1982 , P . 1 .

( 8 ) OJ NO L 195 , 5 . 7 . 1982 , P . 21 .

( 9 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

COUNCIL REGULATION ( EEC ) NO 3420/83 OF 14 NOVEMBER 1983 ON IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN STATE-TRADING COUNTRIES , NOT LIBERALIZED AT COMMUNITY LEVEL

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , IN THE CONTEXT OF THE COMMON COMMERCIAL POLICY , THE COMMON ARRANGEMENTS FOR IMPORTS INTO THE COMMUNITY OF PRODUCTS FROM STATE-TRADING COUNTRIES SHOULD BE COMPLETED ;

WHEREAS , TO THAT END , COUNCIL REGULATION ( EEC ) NO 3286/80 OF 4 DECEMBER 1980 ON IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES ( 1 ) ESTABLISHED THE IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN THOSE COUNTRIES , NOT LIBERALIZED AT COMMUNITY LEVEL , AND PROVIDED FOR DETAILED RULES FOR THE ESTABLISHMENT OF IMPORT QUOTAS AND FOR THE AMENDMENT OF THE SAID IMPORT ARRANGEMENTS ;

WHEREAS THE SAID REGULATION ALSO CREATED THE APPROPRIATE FRAMEWORK FOR THE HOLDING OF COMMUNITY CONSULTATIONS ON THE COMPLETION OF THE COMMON IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES AND ON THE ADMINISTRATION OF TRADE AGREEMENTS BETWEEN THE COMMUNITY AND THOSE COUNTRIES ;

WHEREAS REGULATION ( EEC ) NO 3286/80 HAS BEEN AMENDED BY DECISION 81/248/EEC ( 2 ) AND REGULATION ( EEC ) NO 3424/82 ( 3 ) ;

WHEREAS THE IMPORT ARRANGEMENTS FOR THE SAME PRODUCTS ORIGINATING IN ROMANIA , ADOPTED FOLLOWING THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE COMMUNITY AND THAT COUNTRY ON TRADE IN INDUSTRIAL PRODUCTS , WERE ADOPTED SEPARATELY BY REGULATION ( EEC ) NO 3449/80 ( 4 ) , AS AMENDED BY REGULATIONS ( EEC ) NO 3799/81 ( 5 ) AND ( EEC ) NO 585/83 ( 6 ) ;

WHEREAS , IN ORDER TO FACILITATE THE UNDERSTANDING AND CORRECT APPLICATION OF ALL THE ABOVE INSTRUMENTS , THEY SHOULD BE CONSOLIDATED AND UPDATED TO TAKE ACCOUNT OF THE CHANGES THAT HAVE TAKEN PLACE SINCE THEIR ADOPTION IN OTHER COMMUNITY ACTS RELATING TO COMMERCIAL POLICY TO WHICH THEY REFER AND WITH WHICH IT APPEARS NECESSARY TO BRING THEM INTO LINE FROM THE TECHNICAL VIEWPOINT ,

HAS ADOPTED THIS REGULATION :

TITLE I

PRODUCTS COVERED

1 . THIS REGULATION SHALL APPLY TO IMPORTS OF PRODUCTS ORIGINATING IN THE STATE-TRADING COUNTRIES LISTED IN ANNEX I , WITH THE EXCEPTION OF :

- PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 1765/82 OF 30 JUNE 1982 ON COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES ( 7 ) ,

- PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 1766/82 OF 30 JUNE 1982 ON COMMON RULES FOR IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA ( 8 ) ,

- PRODUCTS COVERED BY THE ANNEX TO COUNCIL REGULATION ( EEC ) NO 3419/83 OF 14 NOVEMBER 1983 ON CERTAIN DETAILED RULES FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE COMMUNITY AND ROMANIA ON TRADE IN INDUSTRIAL PRODUCTS ( 9 ) ,

- TEXTILE PRODUCTS SUBJECT TO SPECIFIC COMMON RULES FOR IMPORTS , AS REGARDS THE STATE-TRADING COUNTRIES TO WHICH THOSE RULES APPLY , AND DURING THE PERIOD OF APPLICATION OF THE SAID RULES ,

- PRODUCTS INTENDED FOR DISPLAY OR USE AT EXHIBITIONS , FAIRS , MEETINGS OR SIMILAR EVENTS .

2 . THIS REGULATION SHALL APPLY SUBJECT TO ANY SPECIAL MEASURES TAKEN , AS THE CASE MAY BE , FOR THE APPLICATION OF AGREEMENTS WITH STATE-TRADING COUNTRIES .

3 . THIS REGULATION SHALL APPLY , BY WAY OF A COMPLEMENT , TO PRODUCTS WHICH ARE SUBJECT TO RULES ON THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS OR TO SPECIFIC RULES ADOPTED PURSUANT TO ARTICLE 235 OF THE TREATY APPLICABLE TO GOODS OBTAINED BY PROCESSING AGRICULTURAL PRODUCTS , IN SO FAR AS SUCH RULES STILL ALLOW MEMBER STATES TO IMPOSE QUANTITATIVE IMPORT RESTRICTIONS .

4 . FOR THE PURPOSES OF THIS REGULATION , TEXTILE PRODUCTS FALLING WITHIN CHAPTERS 50 TO 62 OF THE COMMON CUSTOMS TARIFF SHALL BE CLASSIFIED IN CATEGORIES AS SET OUT IN ANNEX II .

5 . FOR THE PURPOSES OF THIS REGULATION , THE BENELUX COUNTRIES SHALL BE REGARDED AS CONSTITUTING A SINGLE MEMBER STATE .

TITLE II

PRODUCTS SUBJECT TO QUANTITATIVE IMPORT RESTRICTIONS

1 . THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS LISTED IN ANNEX III ORIGINATING IN STATE-TRADING COUNTRIES SHALL BE SUBJECT TO QUANTITATIVE RESTRICTIONS IN THE MEMBER STATES AS INDICATED IN THAT ANNEX AGAINST THOSE PRODUCTS .

2 . THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO PRODUCTION OF AN IMPORT AUTHORIZATION OR EQUIVALENT DOCUMENT ISSUED BY THE COMPETENT AUTHORITIES IN THE MEMBER STATES CONCERNED , WITHIN LIMITS TO BE DEFINED IN ACCORDANCE WITH ARTICLE 3 OR AS LAID DOWN IN ARTICLE 4 .

1 . BEFORE 1 DECEMBER OF EACH YEAR THE COUNCIL SHALL , IN ACCORDANCE WITH ARTICLE 113 OF THE TREATY , LAY DOWN THE IMPORT QUOTAS TO BE OPENED BY THE MEMBER STATES FOR THE FOLLOWING YEAR IN RESPECT OF THE VARIOUS STATE-TRADING COUNTRIES FOR THE PRODUCTS REFERRED TO IN ARTICLE 2 ( 1 ) .

THIS PROVISION SHALL NOT AFFECT THE RULES GOVERNING , IN THE MEMBER STATES , THE OPENING AND AMINISTRATION OF QUOTAS .

2 . HOWEVER , IF NO COUNCIL DECISION HAS BEEN ADOPTED BY THAT DATE , THE EXISTING IMPORT QUOTAS SHALL BE EXTENDED ON A PROVISIONAL BASIS FOR THE FOLLOWING YEAR . ANY AMENDMENTS MADE EXCEPTIONALLY DURING THE YEAR AND EXPRESSLY VALID FOR THAT YEAR ONLY SHALL NOT BE COVERED BY SUCH EXTENSION .

IN SUCH CASE , THE COUNCIL SHALL ADOPT , BEFORE 1 MARCH OF THE NEW YEAR , PURSUANT TO ARTICLE 113 OF THE TREATY , ANY NECESSARY AMENDMENTS TO THE IMPORT QUOTAS THUS EXTENDED .

3 . THE MEMBER STATES SHALL NOTIFY THE COMMISSION BY ANY APPROPRIATE MEANS OF THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS WHEREBY THEY ARE TO OPEN AT NATIONAL LEVEL THE IMPORT QUOTAS FIXED IN ACCORDANCE WITH THIS REGULATION .

1 . IN ADMINISTERING THE IMPORT ARRANGEMENTS RESULTING FROM ARTICLES 2 AND 3 , MEMBER STATES MAY , SUBJECT TO PARAGRAPHS 2 AND 3 OF THIS ARTICLE , ADOPT THE FOLLOWING MEASURES WITHOUT HAVING TO INITIATE THE AMENDMENT PROCEDURE PROVIDED FOR IN ARTICLE 7 :

( A ) PRODUCTS SUBJECT TO QUANTITATIVE IMPORT RESTRICTIONS IN A SINGLE MEMBER STATE

IN THE LIGHT OF THE ECONOMIC REQUIREMENTS OF THE MARKET , THE MEMBER STATE CONCERNED MAY :

( I ) FOR PRODUCTS SUBJECT TO QUOTAS , EXCEED THE AMOUNT OF THE QUOTAS ;

( II ) FOR PRODUCTS FOR WHICH NO QUOTA HAS BEEN LAID DOWN , OPEN IMPORT FACILITIES .

( B ) PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS IN MORE THAN ONE MEMBER STATE

IN AN EMERGENCY , AND IF THE ECONOMIC REQUIREMENTS OF THE MARKET MAKE THIS NECESSARY , THE MEMBER STATES CONCERNED MAY , FOR PRODUCTS SUBJECT TO QUANTITATIVE RESTRICTIONS WHETHER OR NOT SUBJECT TO QUOTAS , OPEN FURTHER IMPORT FACILITIES WITHIN THE FOLLOWING ANNUAL LIMITS :

( I ) FOR TEXTILE PRODUCTS IN ANNEX II , OTHER THAN THOSE IN GROUP I , WHICH ARE SUBJECT TO QUANTITATIVE RESTRICTIONS IN SEVEN OR MORE MEMBER STATES : 5 % OF ANY QUOTA IF IT HAS BEEN USED UP , WITH THE POSSIBILITY OF ATTAINING A VALUE OF 50 000 ECU ;

( II ) FOR THE TEXTILE PRODUCTS LISTED ABOVE WHICH ARE SUBJECT TO QUANTITATIVE RESTRICTIONS IN SIX OR FEWER MEMBER STATES AND FOR PRODUCTS OTHER THAN THOSE LISTED IN ANNEX II : 20 % OF ANY QUOTA IF IT HAS BEEN USED UP , WITH THE POSSIBILITY OF ATTAINING A VALUE OF 100 000 ECU IN ANY EVENT .

2 . WHEN A MEMBER STATE WHICH IS ALONE IN MAINTAINING A QUANTITATIVE IMPORT RESTRICTION PROPOSES TO ABOLISH OR SUSPEND SUCH A RESTRICTION , IT SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES IN ACCORDANCE WITH ARTICLE 7 ( 1 ) . THE PROPOSED MEASURE SHALL NOT BE SUBJECT TO PRIOR CONSULTATION AND SHALL BE ADOPTED BY THE COMMISSION WITHIN 10 WORKING DAYS .

3 . PARAGRAPHS 1 AND 2 SHALL CEASE TO APPLY IN RESPECT OF A STATE-TRADING COUNTRY FROM THE TIME WHEN THE OPENING OF TRADE NEGOTIATIONS BETWEEN THE COMMUNITY AND THAT COUNTRY HAS BEEN AUTHORIZED UNTIL THE SIGNATURE OF THE AGREEMENT NEGOTIATED ; ONLY ARTICLE 7 SHALL APPLY IN SUCH A CASE .

4 . THE MEMBER STATES SHALL , EVERY SIX MONTHS , INFORM THE COMMISSION , WHICH WILL IN TURN INFORM THE CONSULTATION COMMITTEE PROVIDED FOR IN ARTICLE 12 , OF THE MEASURES ADOPTED IN ACCORDANCE WITH PARAGRAPH 1 . SUCH INFORMATION SHALL BE SUPPLIED CONCERNING THE MEASURES PROVIDED FOR IN PARAGRAPH 1 ( B ) IF THE LIMITS OF 5 AND 20 % ARE REACHED .

5 . AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , CONSULTATIONS SHALL BE HELD RETROSPECTIVELY , IN ACCORDANCE WITH ARTICLE 8 , ON MEASURES ADOPTED BY THE MEMBER STATES PURSUANT TO PARAGRAPHS 1 AND 2 .

PRODUCTS IMPORTED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY AND SUBJECT TO PROCESSING OR OTHER TEMPORARY IMPORT ARRANGEMENTS AND DECLARED AS BEING INTENDED FOR RE-EXPORT FROM THAT TERRITORY EITHER WITH OR WITHOUT FURTHER PROCESSING SHALL NOT BE CHARGED AGAINST THE QUOTAS OR OTHER IMPORT FACILITIES OPENED IN ACCORDANCE WITH ARTICLE 4 , PROVIDED THE PRODUCTS IN QUESTION ARE ACTUALLY RE-EXPORTED .

TITLE III

LIBERALIZED PRODUCTS

THE IMPORTATION INTO THE MEMBER STATES OF PRODUCTS NOT SUBJECT TO THE IMPORT ARRANGEMENTS PROVIDED FOR IN ARTICLE 2 SHALL NOT BE LIABLE TO ANY QUANTITATIVE RESTRICTIONS .

IMPORTS OF THESE PRODUCTS MAY BE SUBJECT TO AN AUTOMATIC LICENSING SYSTEM .

TITLE IV

AMENDMENT OF THE IMPORT ARRANGEMENTS

1 . WHERE A MEMBER STATE CONSIDERS THAT THE IMPORT ARRANGEMENTS LAID DOWN IN ACCORDANCE WITH THIS REGULATION SHOULD BE AMENDED , IT SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION THEREOF , SPECIFYING INTER ALIA WHETHER THE PROPOSED MEASURE IS TO BE OF AN EXCEPTIONAL NATURE .

2 . AMENDMENTS TO THE IMPORT ARRANGEMENTS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLES 8 AND 9 .

1 . AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , THE PROPOSED MEASURE SHALL BE THE SUBJECT OF PRIOR CONSULTATION WITHIN THE COMMITTEE PROVIDED FOR IN ARTICLE 12 .

2 . THE PURPOSE OF THE CONSULTATION SHALL BE TO ASCERTAIN THE EFFECTS OF THE PROPOSED MEASURE WITH REGARD TO COMPLETION OF COMMON IMPORT ARRANGEMENTS AND TO ENSURE THAT THE PROPOSED MEASURE DOES NOT AFFECT THE PROPER FUNCTIONING OF THE COMMON MARKET . IF NECESSARY , THE CONSULTATION SHALL DEAL WITH OTHER APPROACHES IN THE LIGHT BOTH OF THESE AIMS AND OF THE PARTICULAR SITUATION WHICH PROMPTED THE REQUEST BY THE MEMBER STATE .

3 . THE COMMITTEE SHALL TAKE INTO ACCOUNT , IN PARTICULAR , THE SITUATION IN THE RELEVANT SECTOR OF THE ECONOMY AND , WHERE APPROPRIATE , THE VOLUME OF TRADITIONAL IMPORTS .

1 . IF THE COMMISSION DOES NOT REQUEST CONSULTATION WITHIN FIVE WORKING DAYS OF RECEIVING THE INFORMATION PROVIDED FOR IN ARTICLE 7 AND HAS RECEIVED NO REQUEST FOR CONSULTATION FROM ANY OF THE MEMBER STATES BY THE END OF THAT PERIOD , IT SHALL FORTHWITH ADOPT THE PROPOSED MEASURE .

2 . IN OTHER CASES , CONSULTATION SHALL COMMENCE WITHIN 10 WORKING DAYS OF RECEIPT OF THE INFORMATION REFERRED TO IN ARTICLE 7 ( 1 ) .

3 . IF AFTER CONSULTATION NO OBJECTION HAS BEEN RAISED BY A MEMBER STATE OR BY THE COMMISSION , THE LATTER SHALL FORTHWITH ADOPT THE PROPOSED MEASURE .

4 . IN OTHER CASES , THE COMMISSION SHALL , WITHIN 20 WORKING DAYS OF THE OPENING OF CONSULTATION , EITHER ADOPT THE PROPOSED MEASURE OR , IN ACCORDANCE WITH ARTICLE 113 OF THE TREATY , SUBMIT A PROPOSAL TO THE COUNCIL CONCERNING THE MEASURES TO BE TAKEN .

IN THE LATTER CASE , UNTIL SUCH TIME AS THE COUNCIL HAS ACTED IN ACCORDANCE WITH PARAGRAPH 6 , THE MEMBER STATE CONCERNED SHALL SUSPEND IMPLEMENTATION OF THE PROPOSED MEASURE , EXCEPT WHERE IT MAKES USE OF THE POSSIBILITY PROVIDED FOR IN ARTICLE 10 .

5 . ANY DECISION TAKEN BY THE COMMISSION PURSUANT TO PARAGRAPH 1 OR 3 SHALL BE COMMUNICATED FORTHWITH TO THE MEMBER STATE CONCERNED .

ANY DECISION TAKEN BY THE COMMISSION PURSUANT TO THE FIRST SUBPARAGRAPH OF PARAGRAPH 4 SHALL BE COMMUNICATED FORTHWITH TO THE COUNCIL AND THE MEMBER STATES .

COMMISSION DECISIONS SHALL APPLY AT ONCE , SUBJECT TO PARAGRAPH 8 .

6 . IF THE COMMISSION REFERS THE MATTER TO THE COUNCIL , THE LATTER SHALL ACT BY A QUALIFIED MAJORITY .

7 . SUBJECT TO PARAGRAPH 8 , ANY MEMBER STATE WHICH HAS RAISED AN OBJECTION TO THE PROPOSED MEASURE DURING CONSULTATION MAY REFER THE COMMISSION'S DECISION TO THE COUNCIL WITHIN ONE MONTH OF THE DATE ON WHICH THAT DECISION WAS COMMUNICATED .

WITHIN A PERIOD OF TWO MONTHS FOLLOWING THE DATE ON WHICH THE MATTER WAS REFERRED TO IT , THE COUNCIL SHALL DECIDE BY A QUALIFIED MAJORITY WHETHER TO AMEND OR REVOKE THE COMMISSION'S DECISION .

8 . WHERE THE COMMISSION'S DECISION COMPRISES MEASURES DESIGNED TO MAKE THE IMPORT ARRANGEMENTS MORE FLEXIBLE , IT SHALL APPLY AS FROM THE SIXTH WORKING DAY FOLLOWING THE DATE OF ITS COMMUNICATION , UNLESS A MEMBER STATE WHICH OBJECTED TO THE PROPOSED MEASURE DURING CONSULTATION REFERS THE DECISION TO THE COUNCIL . IN THIS CASE , THE COUNCIL SHALL TAKE A DECISION IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF PARAGRAPH 7 . IF THE COUNCIL , HAS NOT TAKEN A DECISION AT THE END OF THE STIPULATED PERIOD , THE COMMISSION'S DECISION SHALL APPLY .

9 . AMENDMENTS MADE TO THE IMPORT ARRANGEMENTS IN ACCORDANCE WITH PARAGRAPHS 1 , 3 AND 4 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

10 . THE COMMISSION SHALL PERIODICALLY PUBLISH AN UPDATED VERSION OF THE ANNEXES TO THIS REGULATION , INCORPORATING AMENDMENTS ADOPTED BY IT OR BY THE COUNCIL .

IN A PARTICULARLY URGENT CASE , MEASURES TO RESTRICT IMPORT FACILITIES BY :

- WITHDRAWING LIBERALIZATION OF ONE OR MORE PRODUCTS ,

- ABOLISHING OR REDUCING A QUOTA ,

MAY BE APPLIED BY THE MEMBER STATES , FOLLOWING THE SUBMISSION OF THE REQUEST FOR AMENDMENT PROVIDED FOR IN ARTICLE 7 , BUT WITHOUT AWAITING ANY CONSULTATION WHICH MIGHT BE REQUESTED UNDER ARTICLE 8 .

THESE MEASURES SHALL APPLY UNTIL THE ENTRY INTO FORCE OF THE DECISION OF THE COMMISSION OR OF THE COUNCIL , IF THE MATTER HAS BEEN REFERRED TO THE LATTER IN ACCORDANCE WITH ARTICLE 9 ( 4 ) .

ARTICLE 11

WITHOUT PREJUDICE TO OTHER COMMUNITY PROVISIONS , THIS REGULATION SHALL NOT PRECLUDE THE ADOPTION OR APPLICATION BY A MEMBER STATE OF PROHIBITIONS OR QUANTITATIVE RESTRICTIONS ON IMPORTS ON GROUNDS OF PUBLIC MORALITY , PUBLIC POLICY OR PUBLIC SECURITY , THE PROTECTION OF HEALTH AND LIFE OF HUMANS , ANIMALS OR PLANTS , THE PROTECTION OF NATIONAL TREASURES POSSESSING ARTISTIC , HISTORIC OR ARCHAEOLOGICAL VALUE , OR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY .

TITLE V

CONSULTATION COMMITTEE

ARTICLE 12

1 . A CONSULTATION COMMITTEE , HEREINAFTER REFERRED TO AS " THE COMMITTEE " , IS HEREBY SET UP , CONSISTING OF REPRESENTATIVES OF THE MEMBER STATES AND CHAIRED BY A REPRESENTATIVE OF THE COMMISSION .

2 . MATTERS SHALL BE PUT BEFORE THE COMMITTEE BY ITS CHAIRMAN AT HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .

WITHOUT PREJUDICE TO THE CONSULTATIONS PROVIDED FOR IN ARTICLES 8 AND 9 , THE COMMITTEE MAY :

- EXAMINE QUESTIONS CONNECTED WITH THE APPLICATION OF THIS REGULATION AND RELATING TO THE ADMINISTRATION OF IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES ,

- DEAL WITH QUESTIONS RELATING TO THE ADMINISTRATION OF TRADE AGREEMENTS CONCLUDED BETWEEN THE COMMUNITY AND SUCH THIRD COUNTRIES .

TITLE VI

FINAL PROVISIONS

ARTICLE 14

REGULATIONS ( EEC ) NO 3286/80 AND ( EEC ) NO 3424/82 AND DECISION 81/248/EEC ARE HEREBY REPEALED .

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 14 NOVEMBER 1983 .

FOR THE COUNCIL

THE PRESIDENT

C . SIMITIS

ANNEXES : SEE OJ NO L 346 OF 8 . 12 . 1983 .