title: 74/214/CEE: Décision du Conseil du 21 mars 1974, portant conclusion de l'arrangement concernant le commerce international des textiles

text:
Avis juridique important

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31974D0214

Official Journal L 118 , 30/04/1974 P. 0001 Greek special edition: Chapter 11 Volume 6 P. 0141  Spanish special edition: Chapter 11 Volume 5 P. 0099  Portuguese special edition Chapter 11 Volume 5 P. 0099

++++COUNCIL DECISION  OF 21 MARCH 1974  CONCLUDING THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES   ( 74/214/EEC )  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 RECOMMENDATION FROM THE COMMISSION ;  WHEREAS THE COMMISSION HAS PARTICIPATED , ON BEHALF OF THE COMMUNITY , IN THE NEGOTIATIONS WITHIN THE FRAMEWORK OF A NEGOTIATING GROUP ON TEXTILES ESTABLISHED BY THE GATT COUNCIL WHICH HAVE LED TO THE DRAWING UP OF THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES ;  WHEREAS IT IS DESIRABLE THAT THE COMMUNITY CONCLUDE THE ARRANGEMENT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES , THE TEXT OF WHICH IS ANNEXED HERETO , IS CONCLUDED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL SHALL BE AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO ACCEPT THE ARRANGEMENT IN ACCORDANCE WITH ARTICLE 13 THEREOF AND TO CONFER UPON HIM THE POWERS HE REQUIRES TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 21 MARCH 1974 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL  ANNEX  ARRANGEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES  PREAMBLE  RECOGNIZING THE GREAT IMPORTANCE OF PRODUCTION AND TRADE IN TEXTILE PRODUCTS OF WOOL , MAN-MADE FIBRES AND COTTON FOR THE ECONOMIES OF MANY COUNTRIES , AND THEIR PARTICULAR IMPORTANCE FOR THE ECONOMIC AND SOCIAL DEVELOPMENT OF DEVELOPING COUNTRIES AND FOR THE EXPANSION AND DIVERSIFICATION OF THEIR EXPORT EARNINGS , AND CONSCIOUS ALSO OF THE SPECIAL IMPORTANCE OF TRADE IN TEXTILE PRODUCTS OF COTTON FOR MANY DEVELOPING COUNTRIES ;  RECOGNIZING FURTHER THE TENDENCY FOR AN UNSATISFACTORY SITUATION TO EXIST IN WORLD TRADE IN TEXTILE PRODUCTS AND THAT THIS SITUATION , IF NOT SATISFACTORILY DEALT WITH , COULD WORK TO THE DETRIMENT OF COUNTRIES PARTICIPATING IN TRADE IN TEXTILE PRODUCTS , WHETHER AS IMPORTERS OR EXPORTERS , OR BOTH , ADVERSELY AFFECT PROSPECTS FOR INTERNATIONAL COOPERATION IN THE TRADE FIELD , AND HAVE UNFORTUNATE REPERCUSSIONS ON TRADE RELATIONS GENERALLY ;  NOTING THAT THIS UNSATISFACTORY SITUATION IS CHARACTERIZED BY THE PROLIFERATION OF RESTRICTIVE MEASURES , INCLUDING DISCRIMINATORY MEASURES , THAT ARE INCONSISTENT WITH THE PRINCIPLES OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND ALSO THAT , IN SOME IMPORTING COUNTRIES , SITUATIONS HAVE ARISEN WHICH , IN THE VIEW OF THESE COUNTRIES , CAUSE OR THREATEN TO CAUSE DISRUPTION OF THEIR DOMESTIC MARKETS ;  DESIRING TO TAKE COOPERATIVE AND CONSTRUCTIVE ACTION , WITHIN A MULTILATERAL FRAMEWORK , SO AS TO DEAL WITH THE SITUATION IN SUCH A WAY AS TO PROMOTE ON A SOUND BASIS THE DEVELOPMENT OF PRODUCTION AND EXPANSION OF TRADE IN TEXTILE PRODUCTS AND PROGRESSIVELY TO ACHIEVE THE REDUCTION OF TRADE BARRIERS AND THE LIBERALIZATION OF WORLD TRADE IN THESE PRODUCTS ;  RECOGNIZING THAT , IN PURSUIT OF SUCH ACTION , THE VOLATILE AND CONTINUALLY EVOLVING NATURE OF PRODUCTION AND TRADE IN TEXTILE PRODUCTS SHOULD BE CONSTANTLY BORNE IN MIND AND THE FULLEST ACCOUNT TAKEN OF SUCH SERIOUS ECONOMIC AND SOCIAL PROBLEMS AS EXIST IN THIS FIELD IN BOTH IMPORTING AND EXPORTING COUNTRIES , AND PARTICULARLY IN THE DEVELOPING COUNTRIES ;  RECOGNIZING FURTHER THAT SUCH ACTION SHOULD BE DESIGNED TO FACILITATE ECONOMIC EXPANSION AND TO PROMOTE THE DEVELOPMENT OF DEVELOPING COUNTRIES POSSESSING THE NECESSARY RESOURCES , SUCH AS MATERIALS AND TECHNICAL SKILLS , BY PROVIDING LARGER OPPORTUNITIES FOR SUCH COUNTRIES , INCLUDING COUNTRIES THAT ARE , OR THAT MAY SHORTLY BECOME , NEW ENTRANTS IN THE FIELD OF TEXTILE EXPORTS TO INCREASE THEIR EXCHANGE EARNINGS FROM THE SALE IN WORLD MARKETS OF PRODUCTS WHICH THEY CAN EFFICIENTLY PRODUCE ;  RECOGNIZING THAT FUTURE HARMONIOUS DEVELOPMENT OF TRADE IN TEXTILES PARTICULARLY HAVING REGARD TO THE NEEDS OF DEVELOPING COUNTRIES , ALSO DEPENDS IMPORTANTLY UPON MATTERS OUTSIDE THE SCOPE OF THIS ARRANGEMENT , AND THAT SUCH FACTORS IN THIS RESPECT INCLUDE PROGRESS LEADING BOTH TO THE REDUCTION OF TARIFFS AND TO THE MAINTENANCE AND IMPROVEMENT OF SCHEMES OF GENERALIZED PREFERENCES , IN ACCORDANCE WITH THE TOKYO DECLARATION ;  DETERMINED TO HAVE FULL REGARD TO THE PRINCIPLES AND OBJECTIVES OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( HEREINAFTER REFERRED TO AS THE GATT ) AND , IN CARRYING OUT THE AIMS OF THIS ARRANGEMENT , EFFECTIVELY TO IMPLEMENT THE PRINCIPLES AND OBJECTIVES AGREED UPON IN THE TOKYO DECLARATION OF MINISTERS DATED 14 SEPTEMBER 1973 CONCERNING THE MULTILATERAL TRADE NEGOTIATIONS ;  THE PARTIES TO THIS ARRANGEMENT HAVE AGREED AS FOLLOWS :  ARTICLE 1  1 . IT MAY BE DESIRABLE DURING THE NEXT FEW YEARS FOR SPECIAL PRACTICAL MEASURES OF INTERNATIONAL COOPERATION TO BE APPLIED BY THE PARTICIPATING COUNTRIES ( 1 ) IN THE FIELD OF TEXTILES WITH THE AIM OF ELIMINATING THE DIFFICULTIES THAT EXIST IN THIS FIELD .  2 . THE BASIC OBJECTIVES SHALL BE TO ACHIEVE THE EXPANSION OF TRADE , THE REDUCTION OF BARRIERS TO SUCH TRADE AND THE PROGRESSIVE LIBERALIZATION OF WORLD TRADE IN TEXTILE PRODUCTS , WHILE AT THE SAME TIME ENSURING THE ORDERLY AND EQUITABLE DEVELOPMENT OF THIS TRADE AND AVOIDANCE OF DISRUPTIVE EFFECTS IN INDIVIDUAL MARKETS AND ON INDIVIDUAL LINES OF PRODUCTION IN BOTH IMPORTING AND EXPORTING COUNTRIES . IN THE CASE OF THOSE COUNTRIES HAVING SMALL MARKETS , AN EXCEPTIONALLY HIGH LEVEL OF IMPORTS AND A CORRESPONDINGLY LOW LEVEL OF DOMESTIC PRODUCTION , ACCOUNT SHOULD BE TAKEN OF THE AVOIDANCE OF DAMAGE TO THOSE COUNTRIES' MINIMUM VIABLE PRODUCTION OF TEXTILES .  3 . A PRINCIPAL AIM IN THE IMPLEMENTATION OF THIS ARRANGEMENT SHALL BE TO FURTHER THE ECONOMIC AND SOCIAL DEVELOPMENT OF DEVELOPING COUNTRIES AND SECURE A SUBSTANTIAL INCREASE IN THEIR EXPORT EARNINGS FROM TEXTILE PRODUCTS AND TO PROVIDE SCOPE FOR A GREATER SHARE FOR THEM IN WORLD TRADE IN THESE PRODUCTS .  4 . ACTIONS TAKEN UNDER THIS ARRANGEMENT SHALL NOT INTERRUPT OR DISCOURAGE THE AUTONOMOUS INDUSTRIAL ADJUSTMENT PROCESSES OF PARTICIPATING COUNTRIES . FURTHERMORE , ACTIONS TAKEN UNDER THIS ARRANGEMENT SHOULD BE ACCOMPANIED BY THE PURSUIT OF APPROPRIATE ECONOMIC AND SOCIAL POLICIES , IN A MANNER CONSISTENT WITH NATIONAL LAWS AND SYSTEMS , REQUIRED BY CHANGES IN THE PATTERN OF TRADE IN TEXTILES AND IN THE COMPARATIVE ADVANTAGE OF PARTICIPATING COUNTRIES , WHICH POLICIES WOULD ENCOURAGE BUSINESSES WHICH ARE LESS COMPETITIVE INTERNATIONALLY TO MOVE PROGRESSIVELY INTO MORE VIABLE LINES OF PRODUCTION OR INTO OTHER SECTORS OF THE ECONOMY AND PROVIDE INCREASED ACCESS TO THEIR MARKETS FOR TEXTILE PRODUCTS FROM DEVELOPING COUNTRIES .  5 . THE APPLICATION OF SAFEGUARD MEASURES UNDER THIS ARRANGEMENT , SUBJECT TO RECOGNIZED CONDITIONS AND CRITERIA AND UNDER THE SURVEILLANCE OF AN INTERNATIONAL BODY SET UP FOR THAT PURPOSE , AND IN CONFORMITY WITH THE PRINCIPLES AND OBJECTIVES OF THIS ARRANGEMENT , MAY IN EXCEPTIONAL CIRCUMSTANCES BECOME NECESSARY IN THE FIELD OF TRADE IN TEXTILE PRODUCTS , AND SHOULD ASSIST ANY PROCESS OF ADJUSTMENT WHICH WOULD BE REQUIRED BY THE CHANGES IN THE PATTERN OF WORLD TRADE IN TEXTILE PRODUCTS . THE PARTIES TO THIS ARRANGEMENT UNDERTAKE NOT TO APPLY SUCH MEASURES EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARRANGEMENT WITH FULL REGARD TO THE IMPACT OF SUCH MEASURES ON OTHER PARTIES .  6 . THE PROVISIONS OF THIS ARRANGEMENT SHALL NOT AFFECT THE RIGHTS AND OBLIGATIONS OF THE PARTICIPATING COUNTRIES UNDER THE GATT .  7 . THE PARTICIPATING COUNTRIES RECOGNIZE THAT , SINCE MEASURES TAKEN UNDER THIS ARRANGEMENT ARE INTENDED TO DEAL WITH THE SPECIAL PROBLEMS OF TEXTILE PRODUCTS , SUCH MEASURES SHOULD BE CONSIDERED AS EXCEPTIONAL , AND NOT LENDING THEMSELVES TO APPLICATION IN OTHER FIELDS .  ARTICLE 2  1 . ALL EXISTING UNILATERAL QUANTITATIVE RESTRICTIONS , BILATERAL AGREEMENTS AND ANY OTHER QUANTITATIVE MEASURES IN FORCE WHICH HAVE A RESTRICTIVE EFFECT SHALL BE NOTIFIED IN DETAIL BY THE RESTRAINING PARTICIPATING COUNTRY , UPON ACCEPTANCE OF OR ACCESSION TO THIS ARRANGEMENT , TO THE TEXTILES SURVEILLANCE BODY , WHICH SHALL CIRCULATE THE NOTIFICATIONS TO THE OTHER PARTICIPATING COUNTRIES FOR THEIR INFORMATION . MEASURES OR AGREEMENTS WHICH ARE NOT NOTIFIED BY A PARTICIPATING COUNTRY WITHIN 60 DAYS OF ITS ACCEPTANCE OF , OR ACCESSION TO , THIS ARRANGEMENT SHALL BE CONSIDERED TO BE CONTRARY TO THIS ARRANGEMENT AND SHALL BE TERMINATED FORTHWITH .  2 . UNLESS THEY ARE JUSTIFIED UNDER THE PROVISIONS OF THE GATT ( INCLUDING ITS ANNEXES AND PROTOCOLS ) , ALL UNILATERAL QUANTITATIVE RESTRICTIONS AND ANY OTHER QUANTITATIVE MEASURES WHICH HAVE A RESTRICTIVE EFFECT AND WHICH ARE NOTIFIED IN ACCORDANCE WITH PARAGRAPH 1 ABOVE SHALL BE TERMINATED WITHIN ONE YEAR OF THE ENTRY INTO FORCE OF THIS ARRANGEMENT , UNLESS THEY ARE THE SUBJECT OF ONE OF THE FOLLOWING PROCEDURES TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THIS ARRANGEMENT :   ( I ) INCLUSION IN A PROGRAMME , WHICH SHOULD BE ADOPTED AND NOTIFIED TO THE TEXTILES SURVEILLANCE BODY WITHIN ONE YEAR FROM THE DATE OF COMING INTO FORCE OF THIS ARRANGEMENT , DESIGNED TO ELIMINATE EXISTING RESTRICTIONS IN STAGES WITHIN A MAXIMUM PERIOD OF THREE YEARS FROM THE ENTRY INTO FORCE OF THIS ARRANGEMENT AND TAKING ACCOUNT OF ANY BILATERAL AGREEMENT EITHER CONCLUDED OR IN COURSE OF BEING NEGOTIATED AS PROVIDED FOR IN ( II ) BELOW ; IT BEING UNDERSTOOD THAT A MAJOR EFFORT WILL BE MADE IN THE FIRST YEAR , COVERING BOTH A SUBSTANTIAL ELIMINATION OF RESTRICTIONS AND A SUBSTANTIAL INCREASE IN THE REMAINING QUOTAS ;   ( II ) INCLUSION , WITHIN A PERIOD OF ONE YEAR FROM THE ENTRY INTO FORCE OF THIS ARRANGEMENT , IN BILATERAL AGREEMENTS NEGOTIATED , OR IN COURSE OF NEGOTIATION , PURSUANT TO THE PROVISIONS OF ARTICLE 4 ; IF , FOR EXCEPTIONAL REASONS , ANY SUCH BILATERAL AGREEMENT IS NOT CONCLUDED WITHIN THE PERIOD OF ONE YEAR ; THIS PERIOD , FOLLOWING CONSULTATIONS BY THE PARTICIPATING COUNTRIES CONCERNED AND WITH THE CONCURRENCE OF THE TEXTILES SURVEILLANCE BODY , MAY BE EXTENDED BY NOT MORE THAN ONE YEAR ;   ( III ) INCLUSION IN AGREEMENTS NEGOTIATED OR MEASURES ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 3 .  3 . UNLESS JUSTIFIED UNDER THE PROVISIONS OF THE GATT  ( INCLUDING ITS ANNEXES AND PROTOCOLS ) , ALL EXISTING BILATERAL AGREEMENTS NOTIFIED IN ACCORDANCE WITH PARAGRAPH 1 OF THIS ARTICLE SHALL , WITHIN ONE YEAR OF THE ENTRY INTO FORCE OF THIS ARRANGEMENT , EITHER BE TERMINATED OR JUSTIFIED UNDER THE PROVISIONS OF THIS ARRANGEMENT OR MODIFIED TO CONFORM THEREWITH .  4 . FOR THE PURPOSES OF PARAGRAPHS 2 AND 3 ABOVE THE PARTICIPATING COUNTRIES SHALL AFFORD FULL OPPORTUNITY FOR BILATERAL CONSULTATION AND NEGOTIATION AIMED AT ARRIVING AT MUTUALLY ACCEPTABLE SOLUTIONS IN ACCORDANCE WITH ARTICLES 3 AND 4 OF THIS ARRANGEMENT AND PERMITTING FROM THE FIRST YEAR OF THE ACCEPTANCE OF THIS ARRANGEMENT THE ELIMINATION AS COMPLETE AS POSSIBLE OF THE EXISTING RESTRICTIONS . THEY SHALL REPORT SPECIFICALLY TO THE TEXTILES SURVEILLANCE BODY WITHIN ONE YEAR OF THE ENTRY INTO FORCE OF THIS ARRANGEMENT ON THE STATUS OF ANY SUCH ACTIONS TAKEN OR NEGOTIATIONS UNDERTAKEN PURSUANT TO THIS ARTICLE .  5 . THE TEXTILES SURVEILLANCE BODY SHALL COMPLETE ITS REVIEW OF SUCH REPORTS WITHIN 90 DAYS OF THEIR RECEIPT . IN ITS REVIEW IT SHALL CONSIDER WHETHER ALL THE ACTIONS TAKEN ARE IN CONFORMITY WITH THIS ARRANGEMENT . IT MAY MAKE APPROPRIATE RECOMMENDATIONS TO THE PARTICIPATING COUNTRIES DIRECTLY CONCERNED SO AS TO FACILITATE THE IMPLEMENTATION OF THIS ARTICLE .  ARTICLE 3  1 . UNLESS THEY ARE JUSTIFIED UNDER THE PROVISIONS OF THE GATT ( INCLUDING ITS ANNEXES AND PROTOCOLS ) NO NEW RESTRICTIONS ON TRADE IN TEXTILE PRODUCTS SHALL BE INTRODUCED BY PARTICIPATING COUNTRIES NOR SHALL EXISTING RESTRICTIONS BE INTENSIFIED UNLESS SUCH ACTION IS JUSTIFIED UNDER THE PROVISIONS OF THIS ARTICLE .  2 . THE PARTICIPATING COUNTRIES AGREE THAT THIS ARTICLE SHOULD ONLY BE RESORTED TO SPARINGLY AND ITS APPLICATION SHALL BE LIMITED TO THE PRECISE PRODUCTS AND TO COUNTRIES WHOSE EXPORTS OF SUCH PRODUCTS ARE CAUSING MARKET DISRUPTION AS DEFINED IN ANNEX A TAKING FULL ACCOUNT OF THE AGREED PRINCIPLES AND OBJECTIVES SET OUT IN THIS ARRANGEMENT AND HAVING FULL REGARD TO THE INTERESTS OF BOTH IMPORTING AND EXPORTING COUNTRIES . PARTICIPATING COUNTRIES SHALL TAKE INTO ACCOUNT IMPORTS FROM ALL COUNTRIES AND SHALL SEEK TO PRESERVE A PROPER MEASURE OF EQUITY . THEY SHALL ENDEAVOUR TO AVOID DISCRIMINATORY MEASURES WHERE MARKET DISRUPTION IS CAUSED BY IMPORTS FROM MORE THAN ONE PARTICIPATING COUNTRY AND WHEN RESORT TO THE APPLICATION OF THIS ARTICLE IS UNAVOIDABLE , BEARING IN MIND THE PROVISIONS OF ARTICLE 6 .  3 . IF , IN THE OPINION OF ANY PARTICIPATING IMPORTING COUNTRY , ITS MARKET IN TERMS OF THE DEFINITION OF MARKET DISRUPTION IN ANNEX A IS BEING DISRUPTED BY IMPORTS OF A CERTAIN TEXTILE PRODUCT NOT ALREADY SUBJECT TO RESTRAINT , IT SHALL SEEK CONSULTATIONS WITH THE PARTICIPATING EXPORTING COUNTRY OR COUNTRIES CONCERNED WITH A VIEW TO REMOVING SUCH DISRUPTION . IN ITS REQUEST THE IMPORTING COUNTRY MAY INDICATE THE SPECIFIC LEVEL AT WHICH IT CONSIDERS THAT EXPORTS OF SUCH PRODUCTS SHOULD BE RESTRAINED , A LEVEL WHICH SHALL NOT BE LOWER THAN THE GENERAL LEVEL INDICATED IN ANNEX B . THE EXPORTING COUNTRY OR COUNTRIES CONCERNED SHALL RESPOND PROMPTLY TO SUCH REQUEST FOR CONSULTATIONS . THE IMPORTING COUNTRY'S REQUEST FOR CONSULTATIONS SHALL BE ACCOMPANIED BY A DETAILED FACTUAL STATEMENT OF THE REASONS AND JUSTIFICATION FOR THE REQUEST , INCLUDING THE LATEST DATA CONCERNING ELEMENTS OF MARKET DISRUPTION , THIS INFORMATION BEING COMMUNICATED AT THE SAME TIME BY THE REQUESTING COUNTRY TO THE CHAIRMAN OF THE TEXTILES SURVEILLANCE BODY .  4 . IF , IN THE CONSULTATION , THERE IS MUTUAL UNDERSTANDING THAT THE SITUATION CALLS FOR RESTRICTIONS ON TRADE IN THE TEXTILE PRODUCT CONCERNED , THE LEVEL OF RESTRICTION SHALL BE FIXED AT A LEVEL NOT LOWER THAN THE LEVEL INDICATED IN ANNEX B . DETAILS OF THE AGREEMENT REACHED SHALL BE COMMUNICATED TO THE TEXTILES SURVEILLANCE BODY WHICH SHALL DETERMINE WHETHER THE AGREEMENT IS JUSTIFIED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARRANGEMENT .  5 . ( I ) IF , HOWEVER , AFTER A PERIOD OF 60 DAYS FROM THE DATE ON WHICH THE REQUEST HAS BEEN RECEIVED BY THE PARTICIPATING EXPORTING COUNTRY OR COUNTRIES , THERE HAS BEEN NO AGREEMENT EITHER ON THE REQUEST FOR EXPORT RESTRAINT OR ON ANY ALTERNATIVE SOLUTION , THE REQUESTING PARTICIPATING COUNTRY MAY DECLINE TO ACCEPT IMPORTS FOR RETENTION FROM THE PARTICIPATING COUNTRY OR COUNTRIES REFERRED TO IN PARAGRAPH 3 ABOVE OF THE TEXTILES AND TEXTILE PRODUCTS CAUSING MARKET DISRUPTION ( AS DEFINED IN ANNEX A ) AT A LEVEL FOR THE 12-MONTH PERIOD BEGINNING ON THE DAY WHEN THE REQUEST WAS RECEIVED BY THE PARTICIPATING EXPORTING COUNTRY OR COUNTRIES NOT LESS THAN THE LEVEL PROVIDED FOR IN ANNEX B . SUCH LEVEL MAY BE ADJUSTED UPWARDS TO AVOID UNDUE HARDSHIP TO THE COMMERCIAL PARTICIPANTS IN THE TRADE INVOLVED TO THE EXTENT POSSIBLE CONSISTENT WITH THE PURPOSES OF THIS ARTICLE . AT THE SAME TIME THE MATTER SHALL BE BROUGHT FOR IMMEDIATE ATTENTION TO THE TEXTILES SURVEILLANCE BODY .   ( II ) HOWEVER , IT SHALL BE OPEN FOR EITHER PARTY TO REFER THE MATTER TO THE TEXTILES SURVEILLANCE BODY BEFORE THE EXPIRY OF THE PERIOD OF 60 DAYS .   ( III ) IN EITHER CASE THE TEXTILES SURVEILLANCE BODY SHALL PROMPTLY CONDUCT THE EXAMINATION OF THE MATTER AND MAKE APPROPRIATE RECOMMENDATIONS TO THE PARTIES DIRECTLY CONCERNED WITHIN 30 DAYS FROM THE DATE ON WHICH THE MATTER IS REFERRED TO IT . SUCH RECOMMENDATIONS SHALL ALSO BE FORWARDED TO THE TEXTILES COMMITTEE AND TO THE GATT COUNCIL FOR THEIR INFORMATION . UPON RECEIPT OF SUCH RECOMMENDATIONS THE PARTICIPATING COUNTRIES CONCERNED SHOULD REVIEW THE MEASURES TAKEN OR CONTEMPLATED WITH REGARD TO THEIR INSTITUTION , CONTINUATION , MODIFICATION OR DISCONTINUATION .  6 . IN HIGHLY UNUSUAL AND CRITICAL CIRCUMSTANCES , WHERE IMPORTS OF A TEXTILE PRODUCT OR PRODUCTS DURING THE PERIOD OF 60 DAYS REFERRED TO IN PARAGRAPH 5 ABOVE WOULD CAUSE SERIOUS MARKET DISRUPTION GIVING RISE TO DAMAGE DIFFICULT TO REPAIR , THE IMPORTING COUNTRY SHALL REQUEST THE EXPORTING COUNTRY CONCERNED TO COOPERATE IMMEDIATELY ON A BILATERAL EMERGENCY BASIS TO AVOID SUCH DAMAGE , AND SHALL , AT THE SAME TIME , IMMEDIATELY COMMUNICATE TO THE TEXTILES SURVEILLANCE BODY THE FULL DETAILS OF THE SITUATION . THE COUNTRIES CONCERNED MAY MAKE ANY MUTUALLY ACCEPTABLE INTERIM ARRANGEMENT THEY DEEM NECESSARY TO DEAL WITH THE SITUATION WITHOUT PREJUDICE TO CONSULTATIONS REGARDING THE MATTER UNDER PARAGRAPH 3 OF THIS ARTICLE . IN THE EVENT THAT SUCH INTERIM ARRANGEMENT IS NOT REACHED , TEMPORARY RESTRAINT MEASURES MAY BE APPLIED AT A LEVEL HIGHER THAN THAT INDICATED IN ANNEX B WITH A VIEW , IN PARTICULAR , TO AVOIDING UNDUE HARDSHIP TO THE COMMERCIAL PARTICIPANTS IN THE TRADE INVOLVED . THE IMPORTING COUNTRY SHALL GIVE , EXCEPT WHERE POSSIBILITY EXISTS OF QUICK DELIVERY WHICH WOULD UNDERMINE THE PURPOSE OF SUCH MEASURE , AT LEAST ONE WEEK'S PRIOR NOTIFICATION OF SUCH ACTION TO THE PARTICIPATING EXPORTING COUNTRY OR COUNTRIES AND ENTER INTO , OR CONTINUE , CONSULTATIONS UNDER PARAGRAPH 3 OF THIS ARTICLE . WHEN A MEASURE IS TAKEN UNDER THIS PARAGRAPH EITHER PARTY MAY REFER THE MATTER TO THE TEXTILES SURVEILLANCE BODY . THE TEXTILES SURVEILLANCE BODY SHALL CONDUCT ITS WORK IN THE MANNER PROVIDED FOR IN PARAGRAPH 5 ABOVE . UPON RECEIPT OF RECOMMENDATIONS FROM THE TEXTILES SURVEILLANCE BODY THE PARTICIPATING IMPORTING COUNTRY SHALL REVIEW THE MEASURES TAKEN , AND REPORT THEREON TO THE TEXTILES SURVEILLANCE BODY .  7 . IF RECOURSE IS HAD TO MEASURES UNDER THIS ARTICLE , PARTICIPATING COUNTRIES SHALL , IN INTRODUCING SUCH MEASURES , SEEK TO AVOID DAMAGE TO THE PRODUCTION AND MARKETING OF THE EXPORTING COUNTRIES , AND PARTICULARLY OF THE DEVELOPING COUNTRIES , AND SHALL AVOID ANY SUCH MEASURES TAKING A FORM THAT COULD RESULT IN THE ESTABLISHMENT OF ADDITIONAL NON-TARIFF BARRIERS TO TRADE IN TEXTILE PRODUCTS . THEY SHALL , THROUGH PROMPT CONSULTATIONS , PROVIDE FOR SUITABLE PROCEDURES , PARTICULARLY AS REGARDS GOODS WHICH HAVE BEEN , OR WHICH ARE ABOUT TO BE , SHIPPED . IN THE ABSENCE OF AGREEMENT , THE MATTER MAY BE REFERRED TO THE TEXTILES SURVEILLANCE BODY , WHICH SHALL MAKE THE APPROPRIATE RECOMMENDATIONS .  8 . MEASURES TAKEN UNDER THIS ARTICLE MAY BE INTRODUCED FOR LIMITED PERIODS NOT EXCEEDING ONE YEAR , SUBJECT TO RENEWAL OR EXTENSION FOR ADDITIONAL PERIODS OF ONE YEAR , PROVIDED THAT AGREEMENT IS REACHED BETWEEN THE PARTICIPATING COUNTRIES DIRECTLY CONCERNED ON SUCH RENEWAL OR EXTENSION . IN SUCH CASES THE PROVISIONS OF ANNEX B SHALL APPLY . PROPOSALS FOR RENEWAL OR EXTENSION , OR MODIFICATION OR ELIMINATION OR ANY DISAGREEMENT THEREON SHALL BE SUBMITTED TO THE TEXTILES SURVEILLANCE BODY , WHICH SHALL MAKE THE APPROPRIATE RECOMMENDATIONS . HOWEVER , BILATERAL RESTRAINT AGREEMENTS UNDER THIS ARTICLE MAY BE CONCLUDED FOR PERIODS IN EXCESS OF ONE YEAR IN ACCORDANCE WITH THE PROVISIONS OF ANNEX B .  9 . PARTICIPATING COUNTRIES SHALL KEEP UNDER REVIEW ANY MEASURES THEY HAVE TAKEN UNDER THIS ARTICLE AND SHALL AFFORD ANY PARTICIPATING COUNTRY OR COUNTRIES AFFECTED BY SUCH MEASURES ADEQUATE OPPORTUNITY FOR CONSULTATION WITH A VIEW TO THE ELIMINATION OF THE MEASURES AS SOON AS POSSIBLE . THEY SHALL REPORT FROM TIME TO TIME , AND IN ANY CASE ONCE A YEAR , TO THE TEXTILES SURVEILLANCE BODY ON THE PROGRESS MADE IN THE ELIMINATION OF SUCH MEASURES .  ARTICLE 4  1 . THE PARTICIPATING COUNTRIES SHALL FULLY BEAR IN MIND , IN THE CONDUCT OF THEIR TRADE POLICIES IN THE FIELD OF TEXTILES , THAT THEY ARE , THROUGH THE ACCEPTANCE OF , OR ACCESSION TO , THIS ARRANGEMENT , COMMITTED TO A MULTILATERAL APPROACH IN THE SEARCH FOR SOLUTIONS TO THE DIFFICULTIES THAT ARISE IN THIS FIELD .  2 . HOWEVER , PARTICIPATING COUNTRIES MAY , CONSISTENTLY WITH THE BASIC OBJECTIVES AND PRINCIPLES OF THIS ARRANGEMENT , CONCLUDE BILATERAL AGREEMENTS ON MUTUALLY ACCEPTABLE TERMS IN ORDER , ON THE ONE HAND , TO ELIMINATE REAL RISKS OF MARKET DISRUPTION ( AS DEFINED IN ANNEX A ) IN IMPORTING COUNTRIES AND DISRUPTION TO THE TEXTILE TRADE OF EXPORTING COUNTRIES , AND ON THE OTHER HAND TO ENSURE THE EXPANSION AND ORDERLY DEVELOPMENT OF TRADE IN TEXTILES AND THE EQUITABLE TREATMENT OF PARTICIPATING COUNTRIES .  3 . BILATERAL AGREEMENTS MAINTAINED UNDER THIS ARTICLE SHALL , ON OVERALL TERMS , INCLUDING BASE LEVELS AND GROWTH RATES , BE MORE LIBERAL THAN MEASURES PROVIDED FOR IN ARTICLE 3 OF THIS ARRANGEMENT . SUCH BILATERAL AGREEMENTS SHALL BE DESIGNED AND ADMINISTERED TO FACILITATE THE EXPORT IN FULL OF THE LEVELS PROVIDED FOR UNDER SUCH AGREEMENTS AND SHALL INCLUDE PROVISIONS ASSURING SUBSTANTIAL FLEXIBILITY FOR THE CONDUCT OF TRADE THEREUNDER , CONSISTENT WITH THE NEED FOR ORDERLY EXPANSION OF SUCH TRADE AND CONDITIONS IN THE DOMESTIC MARKET OF THE IMPORTING COUNTRY CONCERNED . SUCH PROVISIONS SHOULD ENCOMPASS AREAS OF BASE LEVELS , GROWTH , RECOGNITION OF THE INCREASING INTERCHANGEABILITY OF NATURAL , ARTIFICIAL AND SYNTHETIC FIBRES , CARRYFORWARD , CARRYOVER , TRANSFERS FROM ONE PRODUCT GROUPING TO ANOTHER AND SUCH OTHER ARRANGEMENTS AS MAY BE MUTUALLY SATISFACTORY TO THE PARTIES TO SUCH BILATERAL AGREEMENTS .  4 . THE PARTICIPATING COUNTRIES SHALL COMMUNICATE TO THE TEXTILES SURVEILLANCE BODY FULL DETAILS OF AGREEMENTS ENTERED INTO IN TERMS OF THIS ARTICLE WITHIN 30 DAYS OF THEIR EFFECTIVE DATE . THE TEXTILES SURVEILLANCE BODY SHALL BE INFORMED PROMPTLY WHEN ANY SUCH AGREEMENTS ARE MODIFIED OR DISCONTINUED . THE TEXTILES SURVEILLANCE BODY MAY MAKE SUCH RECOMMENDATIONS AS IT DEEMS APPROPRIATE TO THE PARTIES CONCERNED .  ARTICLE 5  RESTRICTIONS ON IMPORTS OF TEXTILE PRODUCTS UNDER THE PROVISIONS OF ARTICLE 3 AND 4 SHALL BE ADMINISTERED IN A FLEXIBLE AND EQUITABLE MANNER AND OVER-CATEGORIZATION SHALL BE AVOIDED . PARTICIPATING COUNTRIES SHALL , IN CONSULTATION , PROVIDE FOR ARRANGEMENTS FOR THE ADMINISTRATION OF THE QUOTAS AND RESTRAINT LEVELS , INCLUDING THE PROPER ARRANGEMENT FOR ALLOCATION OF QUOTAS AMONG THE EXPORTERS , IN SUCH A WAY AS TO FACILITATE FULL UTILIZATION OF SUCH QUOTAS . THE PARTICIPATING IMPORTING COUNTRY SHOULD TAKE FULL ACCOUNT OF SUCH FACTORS AS ESTABLISHED TARIFF CLASSIFICATION AND QUANTITATIVE UNITS BASED ON NORMAL COMMERCIAL PRACTICES IN EXPORT AND IMPORT TRANSACTIONS , BOTH AS REGARDS FIBRE COMPOSITION AND IN TERMS OF COMPETING FOR THE SAME SEGMENT OF ITS DOMESTIC MARKET .  ARTICLE 6  1 . RECOGNIZING THE OBLIGATIONS OF THE PARTICIPATING COUNTRIES TO PAY SPECIAL ATTENTION TO THE NEEDS OF THE DEVELOPING COUNTRIES , IT SHALL BE CONSIDERED APPROPRIATE AND CONSISTENT WITH EQUITY OBLIGATIONS FOR THOSE IMPORTING COUNTRIES WHICH APPLY RESTRICTIONS UNDER THIS ARRANGEMENT AFFECTING THE TRADE OF DEVELOPING COUNTRIES TO PROVIDE MORE FAVOURABLE TERMS WITH REGARD TO SUCH RESTRICTIONS , INCLUDING ELEMENTS SUCH AS BASE LEVEL AND GROWTH RATES , THAN FOR OTHER COUNTRIES . IN THE CASE OF DEVELOPING COUNTRIES WHOSE EXPORTS ARE ALREADY SUBJECT TO RESTRICTIONS AND IF THE RESTRICTIONS ARE MAINTAINED UNDER THIS ARRANGEMENT , PROVISIONS SHOULD BE MADE FOR HIGHER QUOTAS AND LIBERAL GROWTH RATES . IT SHALL , HOWEVER , BE BORNE IN MIND THAT THERE SHOULD BE NO UNDUE PREJUDICE TO THE INTERESTS OF ESTABLISHED SUPPLIERS OR SERIOUS DISTORTION IN EXISTING PATTERNS OF TRADE .  2 . IN RECOGNITION OF THE NEED FOR SPECIAL TREATMENT FOR EXPORTS OF TEXTILE PRODUCTS FROM DEVELOPING COUNTRIES , THE CRITERION OF PAST PERFORMANCE SHALL NOT BE APPLIED IN THE ESTABLISHMENT OF QUOTAS FOR THEIR EXPORTS OF PRODUCTS FROM THOSE TEXTILE SECTORS IN RESPECT OF WHICH THEY ARE NEW ENTRANTS IN THE MARKETS CONCERNED AND A HIGHER GROWTH RATE SHALL BE ACCORDED TO SUCH EXPORTS , HAVING IN MIND THAT THIS SPECIAL TREATMENT SHOULD NOT CAUSE UNDUE PREJUDICE TO THE INTERSTS OF ESTABLISHED SUPPLIERS OR CREATE SERIOUS DISTORTIONS IN EXISTING PATTERNS OF TRADE .  3 . RESTRAINTS ON EXPORTS FROM PARTICIPATING COUNTRIES WHOSE TOTAL VOLUME OF TEXTILE EXPORTS IS SMALL IN COMPARISON WITH THE TOTAL VOLUME OF EXPORTS OF OTHER COUNTRIES SHOULD NORMALLY BE AVOIDED IF THE EXPORTS FROM SUCH COUNTRIES REPRESENT A SMALL PERCENTAGE OF THE TOTAL IMPORTS OF TEXTILES COVERED BY THIS ARRANGEMENT OF THE IMPORTING COUNTRY CONCERNED .  4 . WHERE RESTRICTIONS ARE APPLIED TO TRADE IN COTTON TEXTILES IN TERMS OF THIS ARRANGEMENT , SPECIAL CONSIDERATION WILL BE GIVEN TO THE IMPORTANCE OF THIS TRADE TO THE DEVELOPING COUNTRIES CONCERNED IN DETERMINING THE SIZE OF QUOTAS AND THE GROWTH ELEMENT .  5 . PARTICIPATING COUNTRIES SHALL NOT , AS FAR AS POSSIBLE , MAINTAIN RESTRAINTS ON TRADE IN TEXTILE PRODUCTS ORIGINATING IN OTHER PARTICIPATING COUNTRIES WHICH ARE IMPORTED UNDER A SYSTEM OF TEMPORARY IMPORTATION FOR RE-EXPORT AFTER PROCESSING , SUBJECT TO A SATISFACTORY SYSTEM OF CONTROL AND CERTIFICATION .  6 . CONSIDERATION SHALL BE GIVEN TO SPECIAL AND DIFFERENTIAL TREATMENT TO RE-IMPORTS INTO A PARTICIPATING COUNTRY OF TEXTILE PRODUCTS WHICH THAT COUNTRY FOR PROCESSING EXPORTED TO ANOTHER PARTICIPATING COUNTRY FOR PROCESSING AND SUBSEQUENT RE-IMPORTATION , IN THE LIGHT OF THE SPECIAL NATURE OF SUCH TRADE WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 3 .  ARTICLE 7  THE PARTICIPATING COUNTRIES SHALL TAKE STEPS TO ENSURE , BY THE EXCHANGE OF INFORMATION , INCLUDING STATISTICS ON IMPORTS AND EXPORTS WHEN REQUESTED , AND BY OTHER PRACTICAL MEANS , THE EFFECTIVE OPERATION OF THIS ARRANGEMENT .  ARTICLE 8  1 . THE PARTICIPATING COUNTRIES AGREE TO AVOID CIRCUMVENTION OF THIS ARRANGEMENT BY TRANS-SHIPMENT , RE-ROUTING , OR ACTION BY NON-PARTICIPANTS . IN PARTICULAR , THEY AGREE ON THE MEASURES PROVIDED FOR IN THIS ARTICLE .  2 . THE PARTICIPATING COUNTRIES AGREE TO COLLABORATE WITH A VIEW TO TAKING APPROPRIATE ADMINISTRATIVE ACTION TO AVOID SUCH CIRCUMVENTION . SHOULD ANY PARTICIPATING COUNTRY BELIEVE THAT THE ARRANGEMENT IS BEING CIRCUMVENTED AND THAT NO APPROPRIATE ADMINISTRATIVE MEASURES ARE BEING APPLIED TO AVOID SUCH CIRCUMVENTION , THAT COUNTRY SHOULD CONSULT WITH THE EXPORTING COUNTRY OF ORIGIN AND WITH OTHER COUNTRIES INVOLVED IN THE CIRCUMVENTION WITH A VIEW TO SEEKING PROMPTLY A MUTUALLY SATISFACTORY SOLUTION . IF SUCH A SOLUTION IS NOT REACHED THE MATTER SHALL BE REFERRED TO THE TEXTILES SURVEILLANCE BODY .  3 . THE PARTICIPATING COUNTRIES AGREE THAT IF RESORT IS HAD TO THE MEASURES ENVISAGED IN ARTICLES 3 AND 4 , THE PARTICIPATING IMPORTING COUNTRY OR COUNTRIES CONCERNED SHALL TAKE STEPS TO ENSURE THAT THE PARTICIPATING COUNTRY'S EXPORTS AGAINST WHICH SUCH MEASURES ARE TAKEN SHALL NOT BE RESTRAINED MORE SEVERELY THAN THE EXPORTS OF SIMILAR GOODS OF ANY COUNTRY NOT PARTY TO THIS ARRANGEMENT WHICH ARE CAUSING , OR ACTUALLY THREATENING , MARKET DISRUPTION . THE PARTICIPATING IMPORTING COUNTRY OR COUNTRIES CONCERNED WILL GIVE SYMPATHETIC CONSIDERATION TO ANY REPRESENTATIONS FROM PARTICIPATING EXPORTING COUNTRIES TO THE EFFECT THAT THIS PRINCIPLE IS NOT BEING ADHERED TO OR THAT THE OPERATION OF THIS ARRANGEMENT IS FRUSTRATED BY TRADE WITH COUNTRIES NOT PARTY TO THIS ARRANGEMENT . IF SUCH TRADE IS FRUSTRATING THE OPERATION OF THIS ARRANGEMENT , THE PARTICIPATING COUNTRIES SHALL CONSIDER TAKING SUCH ACTIONS AS MAY BE CONSISTENT WITH THEIR LAW TO PREVENT SUCH FRUSTRATION .  4 . THE PARTICIPATING COUNTRIES CONCERNED SHALL COMMUNICATE TO THE TEXTILES SURVEILLANCE BODY FULL DETAILS OF ANY MEASURES OR ARRANGEMENTS TAKEN UNDER THIS ARTICLE OR ANY DISAGREEMENT AND , WHEN SO REQUESTED , THE TEXTILES SURVEILLANCE BODY SHALL MAKE REPORTS OR RECOMMENDATIONS AS APPROPRIATE .  ARTICLE 9  1 . IN VIEW OF THE SAFEGUARDS PROVIDED FOR IN THIS ARRANGEMENT THE PARTICIPATING COUNTRIES SHALL , AS FAR AS POSSIBLE , REFRAIN FROM TAKING ADDITIONAL TRADE MEASURES WHICH MAY HAVE THE EFFECT OF NULLIFYING THE OBJECTIVES OF THIS ARRANGEMENT .  2 . IF A PARTICIPATING COUNTRY FINDS THAT ITS INTERESTS ARE BEING SERIOUSLY AFFECTED BY ANY SUCH MEASURE TAKEN BY ANOTHER PARTICIPATING COUNTRY , THAT COUNTRY MAY REQUEST THE COUNTRY APPLYING SUCH MEASURE TO CONSULT WITH A VIEW TO REMEDYING THE SITUATION .  3 . IF THE CONSULTATION FAILS TO ACHIEVE A MUTUALLY SATISFACTORY SOLUTION WITHIN A PERIOD OF 60 DAYS THE REQUESTING PARTICIPATING COUNTRY MAY REFER THE MATTER TO THE TEXTILES SURVEILLANCE BODY WHICH SHALL PROMPTLY DISCUSS SUCH MATTER , THE PARTICIPATING COUNTRY CONCERNED BEING FREE TO REFER THE MATTER TO THAT BODY BEFORE THE EXPIRY OF THE PERIOD OF 60 DAYS IF IT CONSIDERS THAT THERE ARE JUSTIFIABLE GROUNDS FOR SO DOING . THE TEXTILES SURVEILLANCE BODY SHALL MAKE SUCH RECOMMENDATIONS TO THE PARTICIPATING COUNTRIES AS IT CONSIDERS APPROPRIATE .  ARTICLE 10  1 . THERE IS ESTABLISHED WITHIN THE FRAMEWORK OF THE GATT A TEXTILES COMMITTEE CONSISTING OF REPRESENTATIVES OF THE PARTIES TO THIS ARRANGEMENT . THE COMMITTEE SHALL CARRY OUT THE RESPONSIBILITIES ASCRIBED TO IT UNDER THIS ARRANGEMENT .  2 . THE COMMITTEE SHALL MEET FROM TIME TO TIME , AND AT LEAST ONCE A YEAR , TO DISCHARGE ITS FUNCTIONS AND TO DEAL WITH THOSE MATTERS SPECIFICALLY REFERRED TO IT BY THE TEXTILES SURVEILLANCE BODY . IT SHALL PREPARE SUCH STUDIES AS THE PARTICIPATING COUNTRIES MAY DECIDE . IT SHALL UNDERTAKE AN ANALYSIS OF THE CURRENT STATE OF WORLD PRODUCTION AND TRADE IN TEXTILE PRODUCTS , INCLUDING ANY MEASURES TO FACILITATE ADJUSTMENT AND IT SHALL PRESENT ITS VIEWS REGARDING MEANS OF FURTHERING THE EXPANSION AND LIBERALIZATION OF TRADE IN TEXTILE PRODUCTS . IT WILL COLLECT THE STATISTICAL AND OTHER INFORMATION NECESSARY FOR THE DISCHARGE OF ITS FUNCTIONS AND WILL BE EMPOWERED TO REQUEST THE PARTICIPATING COUNTRIES TO FURNISH SUCH INFORMATION .  3 . ANY CASE OF DIVERGENCE OF VIEW BETWEEN THE PARTICIPATING COUNTRIES AS TO THE INTERPRETATION OR APPLICATION OF THIS ARRANGEMENT MAY BE REFERRED TO THE COMMITTEE FOR ITS OPINION .  4 . THE COMMITTEE SHALL , ONCE A YEAR , REVIEW THE OPERATION OF THIS ARRANGEMENT AND REPORT THEREON TO THE GATT COUNCIL . TO ASSIST IN THIS REVIEW , THE COMMITTEE SHALL HAVE BEFORE IT A REPORT FROM THE TEXTILES SURVEILLANCE BODY , A COPY OF WHICH WILL ALSO BE TRANSMITTED TO THE COUNCIL . THE REVIEW DURING THE THIRD YEAR SHALL BE A MAJOR REVIEW OF THIS ARRANGEMENT IN THE LIGHT OF ITS OPERATION IN THE PRECEDING YEARS .  5 . THE COMMITTEE SHALL MEET NOT LATER THAN ONE YEAR BEFORE THE EXPIRY OF THIS ARRANGEMENT IN ORDER TO CONSIDER WHETHER THE ARRANGEMENT SHOULD BE EXTENDED , MODIFIED OR DISCONTINUED .  ARTICLE 11  1 . THE TEXTILES COMMITTEE SHALL ESTABLISH A TEXTILES SURVEILLANCE BODY TO SUPERVISE THE IMPLEMENTATION OF THIS ARRANGEMENT . IT SHALL CONSIST OF A CHAIRMAN AND EIGHT MEMBERS TO BE APPOINTED BY THE PARTIES TO THIS ARRANGEMENT ON A BASIS TO BE DETERMINED BY THE TEXTILES COMMITTEE SO AS TO ENSURE ITS EFFICIENT OPERATION . IN ORDER TO KEEP ITS MEMBERSHIP BALANCED AND BROADLY REPRESENTATIVE OF THE PARTIES TO THE ARRANGEMENT PROVISION SHALL BE MADE FOR ROTATION OF THE MEMBERS AS APPROPRIATE .  2 . THE TEXTILES SURVEILLANCE BODY SHALL BE CONSIDERED AS A STANDING BODY AND SHALL MEET AS NECESSARY TO CARRY OUT THE FUNCTIONS REQUIRED OF IT UNDER THIS ARRANGEMENT . IT SHALL RELY ON INFORMATION TO BE SUPPLIED BY THE PARTICIPATING COUNTRIES , SUPPLEMENTED BY ANY NECESSARY DETAILS AND CLARIFICATION IT MAY DECIDE TO SEEK FROM THEM OR FROM OTHER SOURCES . FURTHER , IT MAY RELY FOR TECHNICAL ASSISTANCE ON THE SERVICES OF THE GATT SECRETARIAT AND MAY ALSO HEAR TECHNICAL EXPERTS PROPOSED BY ONE OR MORE OF ITS MEMBERS .  3 . THE TEXTILES SURVEILLANCE BODY SHALL TAKE THE ACTION SPECIFICALLY REQUIRED OF IT IN ARTICLES OF THIS ARRANGEMENT .  4 . IN THE ABSENCE OF ANY MUTUALLY AGREED SOLUTION IN BILATERAL NEGOTIATIONS OR CONSULTATIONS BETWEEN PARTICIPATING COUNTRIES PROVIDED FOR IN THIS ARRANGEMENT , THE TEXTILES SURVEILLANCE BODY AT THE REQUEST OF EITHER PARTY , AND FOLLOWING A THROUGH AND PROMPT CONSIDERATION OF THE MATTER , SHALL MAKE RECOMMENDATIONS TO THE PARTIES CONCERNED .  5 . THE TEXTILES SURVEILLANCE BODY SHALL , AT THE REQUEST OF ANY PARTICIPATING COUNTRY , REVIEW PROMPTLY ANY PARTICULAR MEASURES OR ARRANGEMENTS WHICH THAT COUNTRY CONSIDERS TO BE DETRIMENTAL TO ITS INTERESTS WHERE CONSULTATIONS BETWEEN IT AND THE PARTICIPATING COUNTRIES DIRECTLY CONCERNED HAVE FAILED TO PRODUCE A SATISFACTORY SOLUTION . IT SHALL MAKE RECOMMENDATIONS AS APPROPRIATE TO THE PARTICIPATING COUNTRY OR COUNTRIES CONCERNED .  6 . BEFORE FORMULATING ITS RECOMMENDATIONS ON ANY PARTICULAR MATTER REFERRED TO IT , THE TEXTILES SURVEILLANCE BODY SHALL INVITE PARTICIPATION OF SUCH PARTICIPATING COUNTRIES AS MAY BE DIRECTLY AFFECTED BY THE MATTER IN QUESTION .  7 . WHEN THE TEXTILES SURVEILLANCE BODY IS CALLED UPON TO MAKE RECOMMENDATIONS OR FINDINGS IT SHALL DO SO , EXCEPT WHEN OTHERWISE PROVIDED IN THIS ARRANGEMENT , WITHIN A PERIOD OF 30 DAYS WHENEVER PRACTICABLE . ALL SUCH RECOMMENDATIONS OR FINDINGS SHALL BE COMMUNICATED TO THE TEXTILES COMMITTEE FOR THE INFORMATION OF ITS MEMBERS .  8 . PARTICIPATING COUNTRIES SHALL ENDEAVOUR TO ACCEPT IN FULL THE RECOMMENDATIONS OF THE TEXTILES SURVEILLANCE BODY . WHENEVER THEY CONSIDER THEMSELVES UNABLE TO FOLLOW ANY SUCH RECOMMENDATIONS , THEY SHALL FORTHWITH INFORM THE TEXTILES SURVEILLANCE BODY OF THE REASONS THEREFOR AND OF THE EXTENT , IF ANY , TO WHICH THEY ARE ABLE TO FOLLOW THE RECOMMENDATIONS .  9 . IF , FOLLOWING RECOMMENDATIONS BY THE TEXTILES SURVEILLANCE BODY , PROBLEMS CONTINUE TO EXIST BETWEEN THE PARTIES , THESE MAY BE BROUGHT BEFORE THE TEXTILES COMMITTEE OR BEFORE THE GATT COUNCIL THROUGH THE NORMAL GATT PROCEDURES .  10 . ANY RECOMMENDATIONS AND OBSERVATIONS OF THE TEXTILES SURVEILLANCE BODY WOULD BE TAKEN INTO ACCOUNT SHOULD THE MATTERS RELATED TO SUCH RECOMMENDATIONS AND OBSERVATIONS SUBSEQUENTLY BE BROUGHT BEFORE THE CONTRACTING PARTIES TO THE GATT , PARTICULARLY UNDER THE PROCEDURES OF ARTICLE XXIII OF THE GATT .  11 . THE TEXTILES SURVEILLANCE BODY SHALL , WITHIN 15 MONTHS OF THE COMING INTO FORCE OF THIS ARRANGEMENT , AND AT LEAST ANNUALLY THEREAFTER , REVIEW ALL RESTRICTIONS ON TEXTILE PRODUCTS MAINTAINED BY PARTICIPATING COUNTRIES AT THE COMMENCEMENT OF THIS ARRANGEMENT AND SUBMIT ITS FINDINGS TO THE TEXTILES COMMITTEE .  12 . THE TEXTILES SURVEILLANCE BODY SHALL ANNUALLY REVIEW ALL RESTRICTIONS INTRODUCED OR BILATERAL AGREEMENTS ENTERED INTO BY PARTICIPATING COUNTRIES CONCERNING TRADE IN TEXTILE PRODUCTS SINCE THE COMING INTO FORCE OF THIS ARRANGEMENT , AND REQUIRED TO BE REPORTED TO IT UNDER THE PROVISIONS OF THIS ARRANGEMENT , AND REPORT ANNUALLY ITS FINDINGS TO THE TEXTILES COMMITTEE .  ARTICLE 12  1 . FOR THE PURPOSES OF THIS ARRANGEMENT , THE EXPRESSION  " TEXTILES " IS LIMITED TO TOPS , YARNS , PIECE-GOODS , MADE-UP ARTICLES , GARMENTS AND OTHER TEXTILE MANUFACTURED PRODUCTS ( BEING PRODUCTS WHICH DERIVE THEIR CHIEF CHARACTERISTICS FROM THEIR TEXTILE COMPONENTS ) OF COTTON , WOOL , MAN-MADE FIBRES , OR BLENDS THEREOF , IN WHICH ANY OR ALL OF THOSE FIBRES IN COMBINATION REPRESENT EITHER THE CHIEF VALUE OF THE FIBRES OR 50 PER CENT OR MORE BY WEIGHT  ( OR 17 PER CENT OR MORE BY WEIGHT OF WOOL ) OF THE PRODUCT .  2 . ARTIFICIAL AND SYNTHETIC STAPLE FIBRE , TOW , WASTE , SIMPLE MONO - AND MULTIFILAMENTS ARE NOT COVERED BY PARAGRAPH 1 ABOVE . HOWEVER , SHOULD CONDITIONS OF MARKET DISRUPTION ( AS DEFINED IN ANNEX A ) BE FOUND TO EXIST FOR SUCH PRODUCTS , THE PROVISIONS OF ARTICLE 3 OF THIS ARRANGEMENT ( AND OTHER PROVISIONS OF THIS ARRANGEMENT DIRECTLY RELEVANT THERETO ) AND PARAGRAPH 1 OF ARTICLE 2 SHALL APPLY .  3 . THIS ARRANGEMENT SHALL NOT APPLY TO DEVELOPING COUNTRY EXPORTS OF HANDLOOM FABRICS OF THE COTTAGE INDUSTRY , OR HAND-MADE COTTAGE-INDUSTRY PRODUCTS MADE OF SUCH HANDLOOM FABRICS , OR TO TRADITIONAL FOLKLORE HANDICRAFT TEXTILES PRODUCTS , PROVIDED THAT SUCH PRODUCTS ARE PROPERLY CERTIFIED UNDER ARRANGEMENTS ESTABLISHED BETWEEN THE IMPORTING AND EXPORTING PARTICIPATING COUNTRIES CONCERNED .  4 . PROBLEMS OF INTERPRETATION OF THE PROVISIONS OF THIS ARTICLE SHOULD BE RESOLVED BY BILATERAL CONSULTATION BETWEEN THE PARTIES CONCERNED AND ANY DIFFICULTIES MAY BE REFERRED TO THE TEXTILES SURVEILLANCE BODY .  ARTICLE 13  1 . THIS ARRANGEMENT SHALL BE DEPOSITED WITH THE DIRECTOR-GENERAL TO THE CONTRACTING PARTIES TO THE GATT . IT SHALL BE OPEN FOR ACCEPTANCE , BY SIGNATURE OR OTHERWISE , BY GOVERNMENTS CONTRACTING PARTIES TO THE GATT OR HAVING PROVISIONALLY ACCEDED TO THE GATT AND BY THE EUROPEAN ECONOMIC COMMUNITY .  2 . ANY GOVERNMENT WHICH IS NOT A CONTRACTING PARTY TO THE GATT , OR HAS NOT ACCEDED PROVISIONALLY TO THE GATT , MAY ACCEDE TO THIS ARRANGEMENT ON TERMS TO BE AGREED BETWEEN THAT GOVERNMENT AND THE PARTICIPATING COUNTRIES . THESE TERMS WOULD INCLUDE A PROVISION THAT ANY GOVERNMENT WHICH IS NOT A CONTRACTING PARTY TO THE GATT MUST UNDERTAKE , ON ACCEDING TO THIS ARRANGEMENT , NOT TO INTRODUCE NEW IMPORT RESTRICTIONS OR INTENSIFY EXISTING IMPORT RESTRICTIONS , ON TEXTILE PRODUCTS , IN SO FAR AS SUCH ACTION WOULD , IF THAT GOVERNMENT HAD BEEN A CONTRACTING PARTY TO THE GATT , BE INCONSISTENT WITH ITS OBLIGATIONS THEREUNDER .  ARTICLE 14  1 . THIS ARRANGEMENT SHALL ENTER INTO FORCE ON 1 JANUARY 1974 .  2 . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 1 OF THIS ARTICLE , FOR THE APPLICATION OF THE PROVISIONS OF ARTICLE 2 ( 2 ) ( 3 ) AND ( 4 ) THE DATE OF ENTRY INTO FORCE SHALL BE 1 APRIL 1974 .  3 . UPON REQUEST OF ONE OR MORE PARTIES WHICH HAVE ACCEPTED OR ACCEDED TO THIS ARRANGEMENT A MEETING SHALL BE HELD WITHIN ONE WEEK PRIOR TO 1 APRIL 1974 . PARTIES WHICH AT THE TIME OF THE MEETING HAVE ACCEPTED OR ACCEDED TO THE ARRANGEMENT MAY AGREE ON ANY MODIFICATION OF THE DATE ENVISAGED IN PARAGRAPH 2 OF THIS ARTICLE WHICH MAY APPEAR NECESSARY AND IS CONSISTENT WITH THE PROVISIONS OF ARTICLE 16 .  ARTICLE 15  ANY PARTICIPATING COUNTRY MAY WITHDRAW FROM THIS ARRANGEMENT UPON THE EXPIRATION OF 60 DAYS FROM THE DAY ON WHICH WRITTEN NOTICE OF SUCH WITHDRAWAL IS RECEIVED BY THE DIRECTOR-GENERAL TO THE CONTRACTING PARTIES TO THE GATT .  ARTICLE 16  THIS ARRANGEMENT SHALL REMAIN IN FORCE FOR FOUR YEARS .  ARTICLE 17  THE ANNEXES TO THIS ARRANGEMENT CONSTITUTE AN INTEGRAL PART OF THIS ARRANGEMENT .  DONE AT GENEVA THIS TWENTIETH DAY OF DECEMBER ONE THOUSAND NINE HUNDRED AND SEVENTYTHREE IN A SINGLE COPY IN THE ENGLISH , FRENCH AND SPANISH LANGUAGES , EACH TEXT BEING AUTHENTIC .  ( 1 ) THE EXPRESSIONS " PARTICIPATING COUNTRY " ,  " PARTICIPATING EXPORTING COUNTRY " AND " PARTICIPATING IMPORTING COUNTRY " , WHEREVER THEY APPEAR IN THIS ARRANGEMENT , SHALL BE DEEMED TO INCLUDE THE EUROPEAN ECONOMIC COMMUNITY .  ANNEX A  I . THE DETERMINATION OF A SITUATION OF " MARKET DISRUPTION " , AS REFERRED TO IN THIS ARRANGEMENT , SHALL BE BASED ON THE EXISTENCE OF SERIOUS DAMAGE TO DOMESTIC PRODUCERS OR ACTUAL THREAT THEREOF . SUCH DAMAGE MUST DEMONSTRABLY BE CAUSED BY THE FACTORS SET OUT IN PARAGRAPH II BELOW AND NOT BY FACTORS SUCH AS TECHNOLOGICAL CHANGES OR CHANGES IN CONSUMER PREFERENCE WHICH ARE INSTRUMENTAL IN SWITCHES TO LIKE AND/OR DIRECTLY COMPETITIVE PRODUCTS MADE BY THE SAME INDUSTRY , OR SIMILAR FACTORS . THE EXISTENCE OF DAMAGE SHALL BE DETERMINED ON THE BASIS OF AN EXAMINATION OF THE APPROPRIATE FACTORS HAVING A BEARING ON THE EVOLUTION OF THE STATE OF THE INDUSTRY IN QUESTION SUCH AS : TURNOVER , MARKET SHARE , PROFITS , EXPORT PERFORMANCE , EMPLOYMENT , VOLUME OF DISRUPTIVE AND OTHER IMPORTS , PRODUCTION , UTILIZATION OF CAPACITY , PRODUCTIVITY AND INVESTMENTS . NO ONE OR SEVERAL OF THESE FACTORS CAN NECESSARILY GIVE DECISIVE GUIDANCE .  II . THE FACTORS CAUSING MARKET DISRUPTION REFERRED TO IN PARAGRAPH I ABOVE AND WHICH GENERALLY APPEAR IN COMBINATION ARE AS FOLLOWS :   ( I ) A SHARP AND SUBSTANTIAL INCREASE OR IMMINENT INCREASE OF IMPORTS OF PARTICULAR PRODUCTS FROM PARTICULAR SOURCES . SUCH AN IMMINENT INCREASE SHALL BE A MEASURABLE ONE AND SHALL NOT BE DETERMINED TO EXIST ON THE BASIS OF ALLEGATION , CONJECTURE OR MERE POSSIBILY ARISING , FOR EXAMPLE , FROM THE EXISTENCE OF PRODUCTION CAPACITY IN THE EXPORTING COUNTRIES ;   ( II ) THOSE PRODUCTS ARE OFFERED AT PRICES WHICH ARE SUBSTANTIALLY BELOW THOSE PREVAILING FOR SIMILAR GOODS OF COMPARABLE QUALITY IN THE MARKET OF THE IMPORTING COUNTRY . SUCH PRICES SHALL BE COMPARED BOTH WITH THE PRICE FOR THE DOMESTIC PRODUCT AT COMPARABLE STAGE OF COMMERCIAL TRANSACTION , AND WITH THE PRICES WHICH NORMALLY PREVAIL FOR SUCH PRODUCTS SOLD IN THE ORDINARY COURSE OF TRADE AND UNDER OPEN MARKET CONDITIONS BY OTHER EXPORTING COUNTRIES IN THE IMPORTING COUNTRY .  III . IN CONSIDERING QUESTIONS OF " MARKET DISRUPTION " ACCOUNT SHALL BE TAKEN OF THE INTERESTS OF THE EXPORTING COUNTRY , ESPECIALLY IN REGARD TO ITS STAGE OF DEVELOPMENT , THE IMPORTANCE OF THE TEXTILE SECTOR TO THE ECONOMY , THE EMPLOYMENT SITUATION , OVERALL BALANCE OF TRADE IN TEXTILES , TRADE BALANCE WITH THE IMPORTING COUNTRY CONCERNED AND OVERALL BALANCE OF PAYMENTS .  ANNEX B  1 . ( A ) THE LEVEL BELOW WHICH IMPORTS OR EXPORTS OF TEXTILE PRODUCTS MAY NOT BE RESTRAINED UNDER THE PROVISIONS OF ARTICLE 3 SHALL BE THE LEVEL OF ACTUAL IMPORTS OR EXPORTS OF SUCH PRODUCTS DURING THE 12-MONTH PERIOD TERMINATING TWO MONTHS OR , WHERE DATA ARE NOT AVAILABLE , THREE MONTHS PRECEDING THE MONTH IN WHICH THE REQUEST FOR CONSULTATION IS MADE , OR , WHERE APPLICABLE , THE DATE OF INSTITUTION OF SUCH DOMESTIC PROCEDURE RELATING TO MARKET DISRUPTION IN TEXTILES AS MAY BE REQUIRED BY NATIONAL LEGISLATION , OR TWO MONTHS OR , WHERE DATA ARE NOT AVAILABLE , THREE MONTHS PRIOR TO THE MONTH IN WHICH THE REQUEST FOR CONSULTATION IS MADE AS A RESULT OF SUCH DOMESTIC PROCEDURE , WHICHEVER PERIOD IS THE LATER .   ( B ) WHERE A RESTRAINT ON THE YEARLY LEVEL OF EXPORTS OR IMPORTS EXISTS BETWEEN PARTICIPATING COUNTRIES CONCERNED , WHETHER PROVIDED FOR UNDER ARTICLE 2 , 3 OR 4 , COVERING THE 12-MONTH PERIOD REFERRED TO IN PARAGRAPH ( A ) , THE LEVEL BELOW WHICH IMPORTS OF TEXTILE PRODUCTS CAUSING MARKET DISRUPTION MAY NOT BE RESTRAINED UNDER THE PROVISIONS OF ARTICLE 3 SHALL BE THE LEVEL PROVIDED FOR IN THE RESTRAINT IN LIEU OF THE LEVEL OF ACTUAL IMPORTS OR EXPORTS DURING THE 12-MONTH PERIOD REFERRED TO IN PARAGRAPH ( A ) .  WHERE THE 12-MONTH PERIOD REFERRED TO IN PARAGRAPH  ( A ) OVERLAPS IN PART WITH THE PERIOD COVERED BY THE RESTRAINT , THE LEVEL SHALL BE :   ( I ) THE LEVEL PROVIDED FOR IN THE RESTRAINT , OR THE LEVEL OF ACTUAL IMPORTS OR EXPORTS , WHICHEVER IS HIGHER , EXCEPT IN CASE OF OVERSHIPMENT , FOR THE MONTHS WHERE THE PERIOD COVERED BY THE RESTRAINT AND THE 12-MONTH PERIOD REFERRED TO IN PARAGRAPH ( A ) OVERLAP ; AND   ( II ) THE LEVEL OF ACTUAL IMPORTS OR EXPORTS FOR THE MONTHS WHERE NO OVERLAP OCCURS .   ( C ) IF THE PERIOD REFERRED TO IN PARAGRAPH ( A ) IS SPECIALLY ADVERSE FOR A PARTICULAR EXPORTING COUNTRY DUE TO ABNORMAL CIRCUMSTANCES , THE PAST PERFORMANCE OF IMPORTS FROM THAT COUNTRY OVER A PERIOD OF YEARS SHOULD BE TAKEN INTO ACCOUNT .   ( D ) WHERE IMPORTS OR EXPORTS OF TEXTILE PRODUCTS SUBJECT TO RESTRAINTS WERE NIL OR NEGLIGIBLE DURING THE 12-MONTH PERIOD REFERRED TO IN PARAGRAPH ( A ) , A REASONABLE IMPORT LEVEL TO TAKE ACCOUNT OF FUTURE POSSIBILITIES OF THE EXPORTING COUNTRY SHALL BE ESTABLISHED THROUGH CONSULTATION BETWEEN THE PARTICIPATING COUNTRIES CONCERNED .  2 . SHOULD THE RESTRAINT MEASURES REMAIN IN FORCE FOR ANOTHER 12-MONTH PERIOD , THE LEVEL FOR THAT PERIOD SHALL NOT BE LOWER THAN THE LEVEL SPECIFIED FOR THE PRECEDING 12-MONTH PERIOD , INCREASED BY NOT LESS THAN SIX PER CENT FOR PRODUCTS UNDER RESTRAINT . IN EXCEPTIONAL CASES WHERE THERE ARE CLEAR GROUNDS FOR HOLDING THAT THE SITUATION OF MARKET DISRUPTION WILL RECUR IF THE GROWTH RATE IS IMPLEMENTED , A LOWER POSITIVE GROWTH RATE MAY BE DECIDED UPON AFTER CONSULTATION WITH THE EXPORTING COUNTRY OR COUNTRIES CONCERNED . IN EXCEPTIONAL CASES WHERE PARTICIPATING IMPORTING COUNTRIES HAVE SMALL MARKETS , AN EXCEPTIONALLY HIGH LEVEL OF IMPORTS AND A CORRESPONDINGLY LOW LEVEL OF DOMESTIC PRODUCTION AND , WHERE THE IMPLEMENTATION OF THE ABOVE GROWTH RATE WOULD CAUSE DAMAGE TO THOSE COUNTRIES " MINIMUM VIABLE PRODUCTION , A LOWER POSITIVE GROWTH RATE MAY BE DECIDED UPON AFTER CONSULTATION WITH THE EXPORTING COUNTRY OR COUNTRIES CONCERNED .  3 . SHOULD THE RESTRAINT MEASURES REMAIN IN FORCE FOR FURTHER PERIODS , THE LEVEL FOR EACH SUBSEQUENT PERIOD SHALL NOT BE LOWER THAN THE LEVEL SPECIFIED FOR THE PRECEDING 12-MONTH PERIOD , INCREASED BY SIX PER CENT , UNLESS THERE IS FURTHER NEW EVIDENCE WHICH DEMONSTRATES , IN ACCORDANCE WITH ANNEX A , THAT IMPLEMENTATION OF THE ABOVE GROWTH RATE WOULD EXACERBATE THE SITUATION OF MARKET DISRUPTION . IN THESE CIRCUMSTANCES , AFTER CONSULTATION WITH THE EXPORTING COUNTRY CONCERNED , AND REFERENCE TO THE TEXTILES SURVEILLANCE BODY IN ACCORDANCE WITH THE PROCEDURES OF ARTICLE 3 , A LOWER POSITIVE GROWTH RATE MAY BE APPLIED .  4 . IN THE EVENT ANY RESTRICTION OR LIMITATION IS ESTABLISHED UNDER ARTICLE 3 OR 4 ON A PRODUCT OR PRODUCTS AS TO WHICH A RESTRICTION OR LIMITATION HAD BEEN SUPPRESSED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 , SUCH SUBSEQUENT RESTRICTION OR LIMITATION SHALL NOT BE RE-ESTABLISHED WITHOUT FULL CONSIDERATION OF THE LIMITS OF TRADE PROVIDED FOR UNDER SUCH SUPPRESSED RESTRICTION OR LIMITATION .  5 . WHERE RESTRAINT IS EXERCISED FOR MORE THAN ONE PRODUCT THE PARTICIPATING COUNTRIES AGREE THAT , PROVIDED THAT THE TOTAL EXPORTS SUBJECT TO RESTRAINT DO NOT EXCEED THE AGGREGATE LEVEL FOR ALL PRODUCTS SO RESTRAINED ( ON THE BASIS OF A COMMON UNIT TO BE DETERMINED BY THE PARTICIPATING COUNTRIES CONCERNED ) , THE AGREED LEVEL FOR ANY ONE PRODUCT MAY BE EXCEEDED BY SEVEN PER CENT SAVE IN EXCEPTIONALLY AND SPARINGLY USED CIRCUMSTANCES WHERE A LOWER PERCENTAGE MAY BE JUSTIFIED , IN WHICH CASE THAT LOWER PERCENTAGE SHALL BE NOT LESS THAN FIVE PER CENT . WHERE RESTRAINTS ARE ESTABLISHED FOR MORE YEARS THAN ONE , THE EXTENT TO WHICH THE TOTAL OF THE RESTRAINT LEVEL FOR ONE PRODUCT OR PRODUCT GROUP MAY , AFTER CONSULTATION BETWEEN THE PARTIES CONCERNED , BE EXCEEDED IN EITHER YEAR OF ANY TWO SUBSEQUENT YEARS BY CARRYFORWARD AND/OR CARRYOVER IS 10 PER CENT OF WHICH CARRYFORWARD SHALL NOT REPRESENT MORE THAN FIVE PER CENT .  6 . IN THE APPLICATION OF THE RESTRAINT LEVELS AND GROWTH RATES SPECIFIED IN PARAGRAPHS 1 TO 3 ABOVE , FULL ACCOUNT SHALL BE TAKEN OF THE PROVISIONS OF ARTICLE 6 .


Avis juridique important

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31995D0261

95/261/EC, Euratom, ECSC: Commission Decision of 20 June 1995 adjusting the weightings applicable from 1 February 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union

Official Journal L 163 , 14/07/1995 P. 0032 - 0033

COMMISSION DECISION of 20 June 1995 adjusting the weightings applicable from 1 February 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union (95/261/EC, Euratom, ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (ECSC, EEC, Euratom) No 259/68 (1), as last amended by Regulation (ECSC, EC, Euratom) No 3167/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (ECSC, EC, Euratom) No 2403/94 (3) laid down the weightings to be applied from 1 January 1993 to the remuneration of officials serving in countries outside the European Union, payable in the currency of their country of employment;Whereas, some of these weightings should be adjusted with effect from 1 February 1993 given that the statistics available to the European Commission show that in certain countries outside the European Union the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,DECIDES:Sole Article With effect from 1 February 1993 the weightings applicable to the remuneration of officials serving in countries outside the European Union payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the budget of the European Union during the month preceding the date on which this Decision takes effect, namely January 1993.Done at Brussels, 20 June 1995.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 335, 23. 12. 1994, p. 1.(3) OJ No L 257, 5. 10. 1994, p. 1.ANNEX >TABLE>


title: Council Decision (EU) 2017/1844 of 9 October 2017 appointing a member, proposed by the Kingdom of the Netherlands, of the Committee of the Regions

text:
               12.10.2017

               EN

               Official Journal of the European Union

               L 262/6

         COUNCIL DECISION (EU) 2017/1844
   of 9 October 2017
   appointing a member, proposed by the Kingdom of the Netherlands, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Government of the Netherlands,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Rogier VAN DER SANDE,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Ms J. (Jeannette) BALJEU, Gedeputeerde in de provincie Zuid-Holland.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2017.

            For the Council

            The President

         S. KIISLER

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


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31988D0509

88/509/EEC: Council Decision of 26 September 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Austria on research related to advanced materials (Euram)

Official Journal L 276 , 07/10/1988 P. 0001 - 0001

COUNCIL DECISION of 26 September 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Austria on research related to advanced materials (Euram) (88/509/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, by Decision 86/235/EEC (2), the Council adopted a research programme on materials (raw materials and advanced materials) (1986 to 1989) which includes a subprogramme on advanced materials (Euram); whereas Article 6 of that Decision authorizes  the Commission to negotiate agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST), with a view to associating them wholly or partly with this programme;  Whereas, by Decision 87/177/EEC (3), the Council approved, on behalf of the European Economic Community, the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Austria, among others;  Whereas a Cooperation Agreement has been negotiated between the European Economic Community and the Republic of Austria on research related to advanced materials (Euram); whereas that Agreement should be approved;  Whereas the Treaty has not provided the necessary powers, other than those of Article 235,  HAS DECIDED AS FOLLOWS:    Article 1 The Cooperation Agreement between the European Economic Community and the Republic of Austria on research related to advanced materials (Euram) is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 7 of the Agreement on behalf of the Community (4).   Done at Brussels, 26 September 1988.  For the Council The President Th. PANGALOS (5) OJ No C 167, 27. 6. 1988, p. 423.  (6) OJ No L 159, 14. 6. 1986, p. 36.  (7) OJ No L 71, 14. 3. 1987, p. 29.  (8) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities  by the General Secretariat of the Council.  EWG:L000UMBE00.95 FF: 0UEN;   SETUP: 01;   Hoehe: 397 mm;   60 Zeilen;   2426 Zeichen;  Bediener: HELM   Pr.: C;  Kunde: ................................


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31980D0316

80/316/EEC: Commission Decision of 14 March 1980 terminating the anti-dumping proceeding concerning stereo cassette tape heads originating in Japan

Official Journal L 069 , 15/03/1980 P. 0064

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 207 , 17 . 8 . 1979 , P . 5 .    COMMISSION DECISION   OF 14 MARCH 1980   TERMINATING THE ANTI-DUMPING PROCEEDING CONCERNING STEREO CASSETTE TAPE HEADS ORIGINATING IN JAPAN  ( 80/316/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS IN JULY 1979 THE COMMISSION RECEIVED A COMPLAINT LODGED BY MAGNETIC COMPONENTS LTD , UK-PENRYN , CORNWALL , THE ONLY NON-INTEGRATED COMPANY IN THE COMMUNITY WHICH MANUFACTURES STEREO CASSETTE TAPE HEADS FOR OPEN MARKET SALE ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN JAPAN , AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE INFORMATION SUPPLIED PROVIDED SUFFICIENT EVIDENCE TO JUSTIFY INITIATING AN INVESTIGATION ; WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 17 AUGUST 1979 THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF STEREO CASSETTE TAPE HEADS ORIGINATING IN JAPAN ( 2 ), OFFICIALLY ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND THE COMPLAINANT , AND COMMENCED INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO APPLY TO BE HEARD ORALLY ; WHEREAS THE COMPLAINANT , THE EXPORTER AND CERTAIN IMPORTERS HAVE AVAILED THEMSELVES OF THIS OPPORTUNITY ; WHEREAS THE COMMISSION HAS FURTHERMORE GIVEN THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ANY REBUTTAL ARGUMENTS PUT FORWARD ; WHEREAS NEITHER THE COMPLAINANT NOR THE EXPORTERS HAVE TAKEN THIS OPPORTUNITY ; WHEREAS THE COMPLAINANT , THE IMPORTERS AND THE EXPORTERS KNOWN TO BE CONCERNED AND THE REPRESENTATIVES OF THE EXPORTING COUNTRY HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS NONE OF THESE PARTIES HAS ADDRESSED A REQUEST TO THE COMMISSION TO THAT END ;   WHEREAS , IN THE COURSE OF THE PROCEEDING , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY AND CARRIED OUT INSPECTIONS AT THE PREMISES OF THE PRINCIPAL JAPANESE PRODUCERS AND EXPORTERS INCLUDING ALPS ELECTRIC CO . LTD , ELECTRONIC INTERNATIONAL JAPAN LTD AND IKEJIRI ELECTRIC CO . LTD ; WHEREAS THE COMMISSION ALSO CARRIED OUT AN INSPECTION AT THE PREMISES OF THE COMPLAINANT MAGNETIC COMPONENTS LTD ;   WHEREAS , TO MAKE AN EXAMINATION OF THE EXISTENCE OF DUMPING BY JAPANESE PRODUCERS , THE COMMISSION COMPARED THEIR EXPORT PRICES TO THE COMMUNITY WITH THE WEIGHTED AVERAGE OF THE PRICES RULING ON THE JAPANESE MARKET ; WHEREAS THESE COMPARISONS WERE MADE AT THE EX-FACTORY LEVEL FOR SALES DURING THE PERIOD 1 AUGUST 1978 TO 31 JULY 1979 ; WHEREAS NO ADJUSTMENT WHATSOEVER OF THE SELLING PRICES WAS CLAIMED OR WAS DEEMED NECESSARY , EVEN FOR PACKING COSTS WHERE THE DIFFERENCE WAS CONSIDERED TO BE NEGLIGIBLE ;   WHEREAS IT EMERGED FROM THIS EXAMINATION THAT IN NO CASE WERE EXPORT PRICES TO THE COMMUNITY LOWER THAN THE CORRESPONDING DOMESTIC PRICES ON THE JAPANESE MARKET AND THAT ON AVERAGE THE EXPORT PRICES EXCEEDED THE NORMAL VALUE BY 5.8 % ;   WHEREAS , CONSEQUENTLY , NO DUMPING EXISTED IN THE CASE OF EXPORTS OF THE PRODUCT IN QUESTION TO THE COMMUNITY ;   WHEREAS , IN THESE CIRCUMSTANCES , IT IS APPROPRIATE TO TERMINATE THE PROCEEDING CONCERNING IMPORTS OF STEREO CASSETTE TAPE HEADS ORIGINATING IN JAPAN ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE ANTI-DUMPING PROCEEDING IN RESPECT OF STEREO CASSETTE TAPE HEADS ORIGINATING IN JAPAN IS HEREBY TERMINATED .   DONE AT BRUSSELS , 14 MARCH 1980 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


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32003D0806(01)

Council Decision of 22 July 2003 appointing the Netherlands member of the Management Board of the European Centre for the Development of Vocational Training

Official Journal C 186 , 06/08/2003 P. 0001 - 0001

Council Decisionof 22 July 2003appointing the Netherlands member of the Management Board of the European Centre for the Development of Vocational Training(2003/C 186/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof(1),Having regard to the nomination submitted by the Netherlands Government,Whereas:(1) By its Decision of 6 March 2003(2), the Council appointed the members of the Management Board of the European Centre for the Development of Vocational Training for the period from 6 March 2003 to 5 March 2006, except for the Netherlands representative.(2) The Netherlands member of the Management Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 5 March 2006,HAS DECIDED AS FOLLOWS:Article 1The following person is hereby appointed member of the Management Board of the European Centre for the Development of Vocational Training for the period from 21 July 2003 to 5 March 2006:I. GOVERNMENT REPRESENTATIVENETHERLANDS: Ms C. H. M. JULICHER.Article 2This Decision shall be published, for information, in the Official Journal of the European Union.Done at Brussels, 22 July 2003.For the CouncilThe PresidentG. Alemanno(1) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 354/95 (OJ L 41, 23.2.1995, p. 1).(2) OJ C 64, 18.3.2003, p. 4.


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41981D0207

81/207/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities, of 30 March 1981 appointing an Advocate-General to the Court of Justice

Official Journal L 100 , 11/04/1981 P. 0019 - 0019

****  DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES   OF 30 MARCH 1981   APPOINTING AN ADVOCATE-GENERAL TO THE COURT OF JUSTICE  ( 81/207/EURATOM , ECSC , EEC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 32A AND 32B THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 166 AND 167 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 138 AND 139 THEREOF ,   HAVE DECIDED AS FOLLOWS :   SOLE ARTICLE   MR P . VERLOREN VAN THEMAAT IS HEREBY APPOINTED ADVOCATE-GENERAL TO THE COURT OF JUSTICE FOR THE PERIOD 1 APRIL 1981 TO 6 OCTOBER 1985 .   DONE AT BRUSSELS , 30 MARCH 1981 .   THE PRESIDENT   G . BRAKS


title: 2014/44/EU: Council Decision of 28 January 2014 on the conclusion of the revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union

text:
                  30.1.2014

                  EN

                  Official Journal of the European Union

                  L 27/1

         COUNCIL DECISION
         of 28 January 2014
         on the conclusion of the revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union
         (2014/44/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the consent of the European Parliament,
         Whereas:

                     (1)

                     In accordance with Council Decision 2013/523/EU (1), the revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (the ‘revised MoU’) was signed on 21 October 2013, subject to its conclusion at a later date.

                     (2)

                     The revised MoU should be approved,

               HAS ADOPTED THIS DECISION:

            Article 1
            The revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union is hereby approved on behalf of the Union.
            The text of the revised MoU is attached to this Decision.

            Article 2
            This Decision shall enter into force on the dayof its adoption.

            Done at Brussels, 28 January 2014.

                  For the Council

                  The President

               G. STOURNARAS

            (1)  Council Decision 2013/523/EU of 18 October 2013 on the signing, on behalf of the European Union, of the revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (OJ L 282, 24.10.2013, p. 35).


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31990D0449

90/449/EEC: Commission Decision of 30 July 1990 setting up a Joint Committee on Civil Aviation

Official Journal L 230 , 24/08/1990 P. 0022 - 0024 Finnish special edition: Chapter 5 Volume 4 P. 0215  Swedish special edition: Chapter 5 Volume 4 P. 0215

*****COMMISSION  DECISION  of 30 July 1990  setting up a Joint Committee on Civil Aviation  (90/449/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Heads of State or of Government stated in their declaration of 21 October 1972 that the first aim of economic expansion should be to enable disparities in living conditions to be reduced and that this aim should express itself in better quality of life and higher standard of living;  Whereas, in this connection, they considered it indispensable that both employers and employees should be increasingly involved in the economic and social decisions of the Community;  Whereas, amongst the priority actions contained in the Community's 'social action programme' the Commission has recommended that dialogue and cooperation between employers and employees be promoted at Community level;  Whereas the Council in its resolution of 21 January 1974 concerning a social action programme (1) named increased involvement of management and labour in the economic and social decisions of the Community as one of the priority measures to be taken;  Whereas the European Parliament in its resolution of 13 June 1972 (2) stated that the participation of employers and employees in the formulation of a Community social policy should be achieved during the first stage of economic and monetary union;  Whereas the Economic and Social Committee in its opinion of 24 November 1971 expressed a similar view;  Whereas the Council stressed in its conclusions of 22 June 1984 concerning a Community medium-term social action programme (3), that the European social dialogue must be strengthened and its procedures adapted in order to involve the social partners more effectively in the economic and social decisions of the Community;  Whereas Article 118b of the Treaty states that the Commission shall endeavour to develop the dialogue between management and labour at European level which could, if the two sides consider it desirable, lead to relations based on agreement;  Whereas full recognition should be given to the priority objectives for the air transport industry to achieve the levels of cost efficiency and productivity performances required to ensure its economic viability, not only within the context of EC liberalization measures but also in the worldwide competitive environment of international air transport;  Whereas full recognition should be given to the complexity of the civil air transport sector and to the activities necessary to deliver an economic and competitive product which are beyond the direct control of the operators;  Whereas it is necessary to take account of the social implications of economical policies in the field of civil aviation;  Whereas a Joint Committee attached to the Commission is an appropriate forum at the Community level for the socio-economic interest involved to address the economic and competitive objectives of civil aviation as well as the improvement of living and working conditions,  HAS DECIDED AS FOLLOWS:  Article 1  A Joint Committee on Civil Avaition hereinafter referred to as 'the Committee' is hereby established.  Article 2  The Committee shall assist the Commission in the formulation and implementation of Community policy aimed at:  - strengthening the economic and competitive position of the Community's civil aviation both within the Community and in the wider international context,  - thereby improving living and working conditions in the civil aviation sector within the context of the relevant articles of the Treaty.  Article 3  1. In order to attain the objectives laid down in Article 2, the Committee shall:  (a) issue opinions and submit reports to the Commission either at the latter's request or on its own initiative;  and  (b) in respect of matters falling within the competence of the airlines, airports' organizations and employees' associations listed in Article 4 (3):  - promote dialogue and cooperation,  - arrange for studies to be carried out,  - participate in discussions and seminars.  2. The Committee shall ensure that all interested parties are informed of its activites.  3. Upon requesting an opinion or report from the Committee under the terms of paragraph 1 (a); the Commission may fix a time limit within which the opinion or report shall be given.  Article 4  1. The Committee shall consist of 50 members, nationals of the Member States.  2. Seats shall be allocated as follows:  (a) 27 to the representatives of airlines and airports' organizations;  (b) 27 to the representatives of the employees' associations.  3. The members of the Committee shall be appointed by the Commission as follows:  (a) 48 on proposals from the following employers and employees' organizations of airlines and airports:  (1) Airlines and airports associations:  - Association of European Airlines (AEA): 13 members,  - European Regional Airlines Organization (ERA): three members,  - European Communities Independent Airlines Association (ACE): three members,  - Air Chartered Carrier Association (ACCA): two members,  - International Civil Airports Association - Europe (ICAA): three members.  (2) Employees' associations:  - Committee of Transport Workers' Union of the European Community: 24 members.  (b) Six, directly by the Commission, after consultation of the bodies mentioned in (a), from the representative organizations of airlines and airports organizations and employees associations. If appropriate, these might be from bodies other than those mentioned in (2).  Article 5  1. An alternate shall be appointed for each member of the Committee under the same conditions as laid down in Article 4 (3).  2. Without prejudice to Article 9, an alternate shall not attend meetings of the Committee or a working group provided for in Article 9, or participate in its work, unless the member for whom he is the alternate is prevented from doing so.  Article 6  1. Committee members and their alternates shall hold office for a term of four years; appointments shall be renewable.  2. Members and their alternates whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.  3. A member's or alternate's term of office shall cease before the expiry of the period of four years upon his resignation or death or if the organization or association which nominated him requests his replacement. The vacancy thereby caused shall be filled in the manner prescribed in Article 4 (3) by a person appointed for the remainder of the term of office.  4. There shall be no payment for duties performed.  Article 7  1. The Committee shall, by a two-thirds majority of members present, and a single majority in each group, elect from among its members a chairman and vice-chairman who shall hold office for a term of two years. The chairman and vice-chairman shall be chosen alternately from amongst the two groups of organizations and associations listed in Article 4 (3).  2. (a) The chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.  (b) Should the chairman or vice-chairman cease to hold office before expiry of his term, he shall be replaced for the remainder of the term by a person appointed in the manner prescribed in paragraph 1 upon a proposal from the group to which his organization or association belongs.  Article 8  The Committee shall create a Bureau consisting of the chairman and vice-chairman together with four additional representatives of each of the two groups listed in Article 4 (3) (a) to plan and coordinate its work, each group selecting its own additional representatives. Article 9  The Committee or its Bureau may:  (a) set up working groups to facilitate its work. It may authorize a member to delegate another representative of his organization or association, who shall be named, to take his place in a working group; such delegate shall enjoy the same rights at meetings of the working group as the member he replaces;  (b) ask the Commission to appoint experts to assist it in specific tasks.  Each group of members specified in Article 4 (3) may be accompanied by one or more experts, who are specially qualified in any particular subject on the agenda. The expert shall be present only for the discussion of the particular subject for which his attendance is required.  Article 10  The Committee shall be convened by its Secretariat at the request of the Commission after consultation of the chairman and vice-chairman. The Committee may also meet at the initiative of the bureau, in agreement with the Commission and convened by its secretariat. The agenda for its meetings will contain items for which the Commission requests an opinion of the Committee and items decided by unanimous agreement of the Bureau.  Meetings of the Bureau shall be convened by the secretariat after consultation of the chairman and the vice-chairman.  Article 11  1. No opinion of the Committee shall be valid unless two-thirds of the members are present.  2. The Committee shall submit its opinions or reports to the Commission. If an opinion or report is not unanimous, the Committee shall submit to the Commission the dissenting views delivered.  Article 12  1. The Commission shall provide a secretariat for the Committee, the Bureau and the working groups.  2. The Commission shall ensure the attendance at all meetings of the Committee, the Bureau and working groups of representatives of appropriate seniority from the relevant departments.  3. A representative of the Secretariat of each of the organizations or associations listed in Article 4 (3) (a) may attend the meetings of the Committee as observer.  4. The Commission, in agreement with the Bureau, may ask other organizations than those mentioned in Article 4 (3) to participate as observers in the Committee's work.  5. The organizations and associations mentioned in Article 4 (3) can indicate at maximum 2 observers from European countries other than the Member States of the European Communities.  Article 13  If the Commission has informed the Committee that an opinion requested relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the EEC Treaty, not to disclose any information acquired at the meetings of the Committee, the working groups of the Bureau.  Article 14  After hearing the Committee's views, the Commission may review this statute in the light of experience.  This Decision shall take effect on 1 August 1990.  Done at Brussels, 30 July 1990.  For the Commission  Vasso PAPANDREOU  Member of the Commission  (1) OJ No C 13, 12. 2. 1974, p. 1.  (2) OJ No C 70, 1. 7. 1972, p. 11.  (3) OJ No C 175, 4. 7. 1984, p. 1.


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31980D0459

80/459/EEC: Council Decision of 22 April 1980 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1978

Official Journal L 111 , 30/04/1980 P. 0015

****( 1 ) OJ NO L 282 , 28 . 12 . 1970 , P . 2 .  ( 2 ) OJ NO L 282 , 28 . 12 . 1970 , P . 83 .  ( 3 ) OJ NO L 282 , 28 . 12 . 1970 , P . 47 .  ( 4 ) OJ NO L 31 , 8 . 2 . 1971 , P . 1 .    COUNCIL DECISION   OF 22 APRIL 1980   GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ) FOR THE FINANCIAL YEAR 1978  ( 80/459/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE CONVENTION OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE AFRICAN STATES AND MADAGASCAR ASSOCIATED WITH THE COMMUNITY ( 1 ), SIGNED AT YAOUNDE ON 29 JULY 1969 ,   HAVING REGARD TO COUNCIL DECISION 70/549/EEC OF 29 SEPTEMBER 1970 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ),   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ), SIGNED AT YAOUNDE ON 29 JULY 1969 , AND IN PARTICULAR ARTICLE 22 THEREOF ,   HAVING REGARD TO THE FINANCIAL REGULATION OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) SET UP UNDER THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 4 ), AND IN PARTICULAR ARTICLES 7 AND 8 THEREOF ,   HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ) AS AT 31 DECEMBER 1978 ,   HAVING REGARD TO THE COUNCIL DECISIONS OF 30 MAY 1972 AND 30 OCTOBER 1978 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE FIRST AND SECOND EDF ,   HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1978 , TOGETHER WITH THE COMMISSION ' S REPLIES ,   RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ), ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;   WHEREAS REVENUE FOR THE FINANCIAL YEAR 1978 CONSISTED MAINLY OF THE CONTRIBUTIONS OF THE MEMBER STATES , AMOUNTING TO 878 500 000.00 EUROPEAN UNITS OF ACCOUNT , AND OF MISCELLANEOUS REVENUE OF THE FUND ;   WHEREAS AN ADVANCE OF 105 886 632.88 EUROPEAN UNITS OF ACCOUNT HAS BEEN PAID TO THE EUROPEAN DEVELOPMENT FUND  ( 1975 ) ( FOURTH EDF );   WHEREAS , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISIONS OF 30 MAY 1972 AND 30 OCTOBER 1978 , AN AMOUNT OF 6 242 605.25 EUROPEAN UNITS OF ACCOUNT WAS TRANSFERRED AS THE UNEXPENDED BALANCES OF THE FIRST AND SECOND EDF TO THE THIRD EDF ;   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ) DURING THE FINANCIAL YEAR 1978 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THOSE OPERATIONS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ) AS AT 31 DECEMBER 1978 AS FOLLOWS :   -  REVENUE : AT THE SUM OF 884 961 070.19 EUROPEAN UNITS OF ACCOUNT ,   -  EXPENDITURE ( PAYMENTS ): AT THE SUM OF 763 906 356.65 EUROPEAN UNITS OF ACCOUNT .   ARTICLE 2   THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1969 ) ( THIRD EDF ) FOR THE FINANCIAL YEAR 1978 .   DONE AT LUXEMBOURG , 22 APRIL 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI


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41981D0475

81/475/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 29 June 1981 extending the time limit of the provisional arrangements applicable to trade between Greece and the ACP States for products covered by that Community

Official Journal L 179 , 01/07/1981 P. 0015 - 0016

****( 1 ) OJ NO L 53 , 27 . 2 . 1981 , P . 65 .  ( 2 ) OJ NO L 118 , 30 . 4 . 1981 , P . 51 .        DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL   OF 29 JUNE 1981   EXTENDING THE TIME LIMIT OF THE PROVISIONAL ARRANGEMENTS APPLICABLE TO TRADE BETWEEN GREECE AND THE ACP STATES FOR PRODUCTS COVERED BY THAT COMMUNITY  ( 81/475/ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;   WHEREAS IT IS APPROPRIATE TO EXTEND UNTIL 31 DECEMBER 1981 THE TIME LIMIT OF THE PROVISIONAL ARRANGEMENTS FOR TRADE BETWEEN GREECE AND THE ACP STATES LAID DOWN IN DECISION 81/57/ECSC ( 1 ) FOR PRODUCTS COVERED BY THE ECSC , AS EXTENDED BY DECISION 81/249/ECSC ( 2 );   IN AGREEMENT WITH THE COMMISSION ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   THE PROVISIONAL ARRANGEMENTS LAID DOWN IN DECISION 81/57/ECSC FOR TRADE BETWEEN GREECE AND THE ACP STATES SHALL REMAIN APPLICABLE UNTIL 31 DECEMBER 1981 .   ARTICLE 2   MEMBER STATES WILL TAKE THE NECESSARY MEASURES TO IMPLEMENT THIS DECISION .   DONE AT BRUSSELS , 29 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   CH . A . VAN DER KLAAUW


Important legal notice

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E2002C0516(01)

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

Official Journal C 115 , 16/05/2002 P. 0014 - 0014

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(2002/C 115/07)A copy of the decision may be obtained in the authentic language version upon request addressed to: EFTA Surveillance Authority Competition and State Aid Directorate Rue de Trèves/Trierstraat 74 B - 1040 BrusselsDate of adoption: 20 February 2002EFTA State: NorwayAid No: SAM 030.01.001Title: Support to film production and film-related activitiesObjective: Culture (promotion of production and marketing of films)Legal basis: Annual budgetary allocation (State Budget, Chapter 334, post 50), Regulation on film support measures ("Forskrift for tilskudd til filmformål")Form of aid: GrantAmount of aid: Budgetary allocation for 2002: NOK 217 million (approximately EUR 27 million)Aid intensity: VariableDuration: Five years (from 8 February 2002)


title: 2013/312/EU: European Council Decision of 28 June 2013 establishing the composition of the European Parliament

text:
               29.6.2013

               EN

               Official Journal of the European Union

               L 181/57

         EUROPEAN COUNCIL DECISION
   of 28 June 2013
   establishing the composition of the European Parliament
   (2013/312/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on European Union, and in particular Article 14(2) thereof,
   Having regard to Article 2(3) of Protocol 36 on transitional provisions,
   Having regard to the initiative of the European Parliament (1),
   Having regard to the consent of the European Parliament (2),
   Whereas:

               (1)

               Article 2(1) and (2) of Protocol 36 on transitional provisions will expire at the end of the 2009-2014 parliamentary term.

               (2)

               Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term.

               (3)

               It is necessary to comply without delay with the provisions of Article 2(3) of Protocol 36 and therefore to adopt the decision provided for in the second subparagraph of Article 14(2) of the Treaty on European Union, in order to enable Member States to enact in good time the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term.

               (4)

               The first subparagraph of Article 14(2) of the Treaty on European Union lays down the criteria for the composition of the European Parliament, namely that representatives of the Union’s citizens are not to exceed 750 in number, plus the President, that representation is to be degressively proportional, with a minimum threshold of six members per Member State, and that no Member State is to be allocated more than 96 seats.

               (5)

               Article 10 of the Treaty on European Union provides, inter alia, that the functioning of the Union shall be founded on representative democracy with citizens being directly represented at Union level in the European Parliament and Member States being represented by their governments, themselves being democratically accountable to their national Parliaments or citizens, in the Council. Article 14(2) of the Treaty on European Union on the composition of the European Parliament therefore applies within the context of the wider institutional arrangements set out in the Treaties, which also include the provisions on decision making in the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   In the application of the principle of degressive proportionality provided for in the first subparagraph of Article 14(2) of the Treaty on European Union, the following principles shall apply:

               —

               the allocation of seats in the European Parliament shall fully utilise the minimum and maximum numbers set by the Treaty on European Union in order to reflect as closely as possible the sizes of the respective populations of Member States,

               —

               the ratio between the population and the number of seats of each Member State before rounding to whole numbers shall vary in relation to their respective populations in such a way that each Member of the European Parliament from a more populous Member State represents more citizens than each Member from a less populous Member State and, conversely, that the larger the population of a Member State, the greater its entitlement to a large number of seats.

         Article 2
   The total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of data provided by the Member States, in accordance with a method established by means of a regulation of the European Parliament and of the Council.
   Article 3
   Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2014-2019 parliamentary term:

               Belgium

               21

               Bulgaria

               17

               Czech Republic

               21

               Denmark

               13

               Germany

               96

               Estonia

               6

               Ireland

               11

               Greece

               21

               Spain

               54

               France

               74

               Croatia

               11

               Italy

               73

               Cyprus

               6

               Latvia

               8

               Lithuania

               11

               Luxembourg

               6

               Hungary

               21

               Malta

               6

               Netherlands

               26

               Austria

               18

               Poland

               51

               Portugal

               21

               Romania

               32

               Slovenia

               8

               Slovakia

               13

               Finland

               13

               Sweden

               20

               United Kingdom

               73

         Article 4
   This Decision shall be revised sufficiently far in advance of the beginning of the 2019-2024 parliamentary term on the basis of an initiative of the European Parliament presented before the end of 2016 with the aim of establishing a system which in future will make it possible, before each fresh election to the European Parliament, to allocate the seats between Member States in an objective, fair, durable and transparent way, translating the principle of degressive proportionality as laid down in Article 1, taking account of any change in their number and demographic trends in their population, as duly ascertained thus respecting the overall balance of the institutional system as laid down in the Treaties.
   Article 5
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 28 June 2013.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  Initiative adopted on 13 March 2013 (not yet published in the Official Journal).

      (2)  Consent of 12 June 2013 (not yet published in the Official Journal).


title: Decision of the Representatives of the Governments of the Member States of the European Communities of 1 January 1973 appointing one Advocate-General to the Court of Justice

text:
No L 2 / 34                      Official Journal of the European Communities                  1 . 1 . 73
            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                          MEMBER STATES OF THE EUROPEAN COMMUNITIES
                                                of 1 January 1973
                            appointing one Advocate-General to the Court of Justice
            THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF
            THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Coal and Steel Community and
            in particular Article 32b thereof ;
            Having Regard to the Treaty establishing the European Economic Community and in
            particular Article 167 thereof ;
            Having regard to the Treaty establishing the European Atomic Energy Community
            and in particular Article 139 thereof;
            Having regard to the Council Decision of 1 January 1973 increasing the number of
            Advocates-General ;
            HAVE DECIDED AS FOLLOWS :
                                                    Sole article
            Mr Alberto TRABUCCHI is hereby appointed Advocate-General to the Court of
            fustice for the period from 1 January 1973 to 6 October 1976 inclusive.
            Done at Brussels, 1 January 1973 .
                                                                               The President
                                                                                P. HARMEL


Avis juridique important

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31973D0045

73/45/Euratom: Council Decision of 8 March 1973 amending the statutes of the Euratom Supply Agency following the Accession of new Member States to the Community

Official Journal L 083 , 30/03/1973 P. 0020 - 0020 Greek special edition: Chapter 12 Volume 1 P. 0047  Spanish special edition: Chapter 12 Volume 1 P. 0166  Portuguese special edition Chapter 12 Volume 1 P. 0166  Finnish special edition: Chapter 12 Volume 1 P. 0047  Swedish special edition: Chapter 12 Volume 1 P. 0047

COUNCIL DECISION  of 8 March 1973  amending the statutes of the Euratom Supply Agency following the Accession of new Member States to the Community  (73/45/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 54 (2) and (3) thereof;  Having regard to the proposal from the Commission;  HAS DECIDED:    Article 1  Article V (1) and (2) of the Statutes of the Euratom Supply Agency (1) shall be amended as follows:  "1. The capital of the Agency shall be 3 200 000 EMA units of account.  2. The capital shall be divided according to the following scale:   >PIC FILE= "T9000684">     Article 2  Article X (1) and (2) of the Statutes of the Supply Agency shall be amended as follows:  "1. An Advisory Committee for the Agency shall be set up comprising 33 members.  2. Seats shall be allotted to nationals of the Member States as follows:  >PIC FILE= "T9000865">    Done at Brussels, 8 March 1973.  For the Council  The President  W. De CLERCQ  (1)OJ No 27, 6.12.1958, p. 534/58.