11957E033

++++

ARTICLE 33

1 . ONE YEAR AFTER THE ENTRY INTO FORCE OF THIS TREATY , EACH MEMBER STATE SHALL CONVERT ANY BILATERAL QUOTAS OPEN TO ANY OTHER MEMBER STATES INTO GLOBAL QUOTAS OPEN WITHOUT DISCRIMINATION TO ALL OTHER MEMBER STATES .

ON THE SAME DATE , MEMBER STATES SHALL INCREASE THE AGGREGATE OF THE GLOBAL QUOTAS SO ESTABLISHED IN SUCH A MANNER AS TO BRING ABOUT AN INCREASE OF NOT LESS THAN 20 PER CENT IN THEIR TOTAL VALUE AS COMPARED WITH THE PRECEDING YEAR . THE GLOBAL QUOTA FOR EACH PRODUCT , HOWEVER , SHALL BE INCREASED BY NOT LESS THAN 10 PER CENT .

THE QUOTAS SHALL BE INCREASED ANNUALLY IN ACCORDANCE WITH THE SAME RULES AND IN THE SAME PROPORTIONS IN RELATION TO THE PRECEDING YEAR .

THE FOURTH INCREASE SHALL TAKE PLACE AT THE END OF THE FOURTH YEAR AFTER THE ENTRY INTO FORCE OF THIS TREATY ; THE FIFTH , ONE YEAR AFTER THE BEGINNING OF THE SECOND STAGE .

2 . WHERE , IN THE CASE OF A PRODUCT WHICH HAS NOT BEEN LIBERALISED , THE GLOBAL QUOTA DOES NOT AMOUNT TO 3 PER CENT OF THE NATIONAL PRODUCTION OF THE STATE CONCERNED , A QUOTA EQUAL TO NOT LESS THAN 3 PER CENT OF SUCH NATIONAL PRODUCTION SHALL BE INTRODUCED NOT LATER THAN ONE YEAR AFTER THE ENTRY INTO FORCE OF THIS TREATY . THIS QUOTA SHALL BE RAISED TO 4 PER CENT AT THE END OF THE SECOND YEAR , AND TO 5 PER CENT AT THE END OF THE THIRD . THEREAFTER , THE MEMBER STATE CONCERNED SHALL INCREASE THE QUOTA BY NOT LESS THAN 15 PER CENT ANNUALLY .

WHERE THERE IS NO SUCH NATIONAL PRODUCTION , THE COMMISSION SHALL TAKE A DECISION ESTABLISHING AN APPROPRIATE QUOTA .

3 . AT THE END OF THE TENTH YEAR , EACH QUOTA SHALL BE EQUAL TO NOT LESS THAN 20 PER CENT OF THE NATIONAL PRODUCTION .

4 . IF THE COMMISSION FINDS BY MEANS OF A DECISION THAT DURING TWO SUCCESSIVE YEARS THE IMPORTS OF ANY PRODUCT HAVE BEEN BELOW THE LEVEL OF THE QUOTA OPENED , THIS GLOBAL QUOTA SHALL NOT BE TAKEN INTO ACCOUNT IN CALCULATING THE TOTAL VALUE OF THE GLOBAL QUOTAS . IN SUCH CASE , THE MEMBER STATE SHALL ABOLISH QUOTA RESTRICTIONS ON THE PRODUCT CONCERNED .

5 . IN THE CASE OF QUOTAS REPRESENTING MORE THAN 20 PER CENT OF THE NATIONAL PRODUCTION OF THE PRODUCT CONCERNED , THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , REDUCE THE MINIMUM PERCENTAGE OF 10 PER CENT LAID DOWN IN PARAGRAPH 1 . THIS ALTERATION SHALL NOT , HOWEVER , AFFECT THE OBLIGATION TO INCREASE THE TOTAL VALUE OF GLOBAL QUOTAS BY 20 PER CENT ANNUALLY .

6 . MEMBER STATES WHICH HAVE EXCEEDED THEIR OBLIGATIONS AS REGARDS THE DEGREE OF LIBERALISATION ATTAINED IN PURSUANCE OF THE DECISIONS OF THE COUNCIL OF THE ORGANISATION FOR EUROPEAN ECONOMIC COOPERATION OF 14 JANUARY 1955 SHALL BE ENTITLED , WHEN CALCULATING THE ANNUAL TOTAL INCREASE OF 20 PER CENT PROVIDED FOR IN PARAGRAPH 1 , TO TAKE INTO ACCOUNT THE AMOUNT OF IMPORTS LIBERALISED BY AUTONOMOUS ACTION . SUCH CALCULATION SHALL BE SUBMITTED TO THE COMMISSION FOR ITS PRIOR APPROVAL .

7 . THE COMMISSION SHALL ISSUE DIRECTIVES ESTABLISHING THE PROCEDURE AND TIMETABLE IN ACCORDANCE WITH WHICH MEMBER STATES SHALL ABOLISH , AS BETWEEN THEMSELVES , ANY MEASURES IN EXISTENCE WHEN THIS TREATY ENTERS INTO FORCE WHICH HAVE AN EFFECT EQUIVALENT TO QUOTAS .

8 . IF THE COMMISSION FINDS THAT THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE , AND IN PARTICULAR OF THE PROVISIONS CONCERNING PERCENTAGES , MAKES IT IMPOSSIBLE TO ENSURE THAT THE ABOLITION OF QUOTAS PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 32 IS CARRIED OUT PROGRESSIVELY , THE COUNCIL MAY , ON A PROPOSAL FROM THE COMMISSION , ACTING UNANIMOUSLY DURING THE FIRST STAGE AND BY A QUALIFIED MAJORITY THEREAFTER , AMEND THE PROCEDURE LAID DOWN IN THIS ARTICLE AND MAY , IN PARTICULAR , INCREASE THE PERCENTAGES FIXED .