Council Regulation (EEC) No 3286/80 of 4 December 1980 on import arrangements in respect of State-trading countries

• Published date: 29 December 1980
• Subject Matter: Commercial policy,Products from third countries,Quotas - third countries,Free circulation
• Official Gazette Publication: Official Journal of the European Communities, L 353, 29 December 1980

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Council Regulation (EEC) No 3286/80 of 4 December 1980 on import arrangements in respect of State-trading countries

Official Journal L 353 , 29/12/1980 P. 0001
Greek special edition: Chapter 11 Volume 23 P. 0038

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COUNCIL REGULATION ( EEC ) NO 3286/80

OF 4 DECEMBER 1980

ON IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES

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 PROVISIONS SHOULD ACCORDINGLY BE ADOPTED CONCERNING THE IMPORT ARRANGEMENTS IN THE MEMBER STATES IN RESPECT OF THESE COUNTRIES ;

WHEREAS COUNCIL DECISION 75/210/EEC OF 27 MARCH 1975 ON UNILATERAL IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES ( 1 ) , AS LAST AMENDED BY DECISION 80/158/EEC ( 2 ) , PROVIDED FOR CERTAIN PROVISIONS RELATING TO THE ESTABLISHMENT OF QUANTITATIVE IMPORT QUOTAS AND TO THE AMENDMENT OF THE IMPORT ARRANGEMENTS IN THE MEMBER STATES ;

WHEREAS THE RELEVANT DECISIONS SHOULD BE BROUGHT TOGETHER IN A SINGLE INSTRUMENT AND AT THE SAME TIME THE IMPROVEMENTS SUGGESTED BY EXPERIENCE SHOULD BE EFFECTED , WITH A VIEW TO RENDERING THE IMPORT ARRANGEMENTS IN QUESTION MORE TRANSPARENT AND SIMPLIFYING THE PROCEDURE FOR THEIR AMENDMENT ;

WHEREAS PROVISION SHOULD BE MADE FOR 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 THESE COUNTRIES ,

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 925/79 OF 8 MAY 1979 ESTABLISHING COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES ( 3 ) ,

- PRODUCTS COVERED BY COUNCIL REGULATION ( EEC ) NO 2532/78 OF 16 OCTOBER 1978 ON COMMON RULES FOR IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA ( 4 ) ,

- 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 THESE 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 ADMINISTRATION 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 EUROPEAN UNITS OF ACCOUNT IN ANY EVENT ;

( 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 EUROPEAN UNITS OF ACCOUNT 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...