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COUNCIL REGULATION ( EEC ) NO 2921/78

OF 12 DECEMBER 1978

OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RAW SILK ( NOT THROWN ) FALLING WITHIN HEADING NO 50.02 OF THE COMMON CUSTOMS TARIFF ( 1979 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 28 THEREOF ,

HAVING REGARD TO THE DRAFT REGULATION SUBMITTED BY THE COMMISSION ,

WHEREAS COMMUNITY PRODUCTION OF RAW SILK ( NOT THROWN ) FALLING WITHIN HEADING NO 50.02 OF THE COMMON CUSTOMS TARIFF DOES NOT COVER THE NEEDS OF THE USER INDUSTRIES ; WHEREAS THE SUPPLY OF THE LATTER THEREFORE DEPENDS TO A GREAT EXTENT ON IMPORTS FROM NON-MEMBER COUNTRIES ; WHEREAS IT IS IN THE INTERESTS OF THE COMMUNITY TO SUSPEND TOTALLY THE COMMON CUSTOMS TARIFF DUTY ON THE PRODUCT IN QUESTION , WITHIN THE LIMITS OF A COMMUNITY TARIFF QUOTA , THE VOLUME OF WHICH COULD BE SET PROVISIONALLY AT 4 200 TONNES FOR 1979 ;

WHEREAS IT IS DESIRABLE AT THE PRESENT TIME TO AVOID FINAL MEASURES WHICH COULD LEAD TO THE HALTING OF ACTION TAKEN IN THE SECTOR OVER A NUMBER OF YEARS TO INCREASE COMMUNITY PRODUCTION ; WHEREAS , UNDER SUCH CONDITIONS , IT IS ADVISABLE TO EXTEND THE TARIFF SYSTEM IN FORCE IN 1978 ;

WHEREAS COMMUNITY PRODUCTION DOES NOT APPEAR TO HAVE CHANGED CONSIDERABLY WHEN COMPARED WITH 1978 ; WHEREAS , TAKING ACCOUNT OF THIS PRODUCTION AND OF THE FORECASTS FOR 1979 , THE IMPORTS NEEDED TO SATISFY CONSUMPTION WITHIN THE COMMUNITY CAN BE ESTIMATED AT 4 200 TONNES ; WHEREAS THE FIXING OF THE QUOTA AMOUNT AT THIS LEVEL DOES NOT PRECLUDE AN ADJUSTMENT WITHIN THE QUOTA PERIOD ;

WHEREAS EQUAL AND CONTINUOUS ACCESS TO THE QUOTA SHOULD BE ENSURED FOR ALL COMMUNITY IMPORTERS AND THE RATE LAID DOWN FOR THE TARIFF QUOTA SHOULD BE APPLIED CONSISTENTLY TO ALL IMPORTS OF THE PRODUCT IN QUESTION UNTIL THE QUOTA IS USED UP ; WHEREAS A SYSTEM OF UTILIZATION OF THE COMMUNITY TARIFF QUOTA , BASED ON AN ALLOCATION BETWEEN THE MEMBER STATES CONCERNED , WOULD , IN THE LIGHT OF THE PRINCIPLES OUTLINED ABOVE , APPEAR CONSISTENT WITH THE COMMUNITY NATURE OF THE QUOTA ;

WHEREAS , IN VIEW OF THESE FACTORS , THE INITIAL PERCENTAGE SHARES IN THE QUOTA VOLUME FOR 1979 CAN BE EXPRESSED APPROXIMATELY AS FOLLOWS :

BENELUX : 0,15

DENMARK : 0,15

GERMANY : 5,90

FRANCE : 29,45

IRELAND : 0,15

ITALY : 58,90

UNITED KINGDOM : 5,30

WHEREAS , TO TAKE ACCOUNT OF FUTURE IMPORT TRENDS FOR THE PRODUCTS CONCERNED , THE QUOTA SHOULD BE DIVIDED INTO TWO INSTALMENTS , THE FIRST BEING ALLOCATED AND THE SECOND HELD AS A RESERVE TO COVER ANY SUBSEQUENT REQUIREMENTS OF MEMBER STATES WHICH HAVE USED UP THEIR INITIAL SHARE ; WHEREAS , TO GIVE IMPORTERS SOME DEGREE OF CERTAINTY , THE FIRST INSTALMENT OF THE TARIFF QUOTA SHOULD BE FIXED AT 81 % OF THE AMOUNT OF THE QUOTA ;

WHEREAS INITIAL SHARES MAY BE USED UP AT DIFFERENT RATES ; WHEREAS TO AVOID DISRUPTION OF SUPPLIES ON THIS ACCOUNT IT SHOULD BE PROVIDED THAT ANY MEMBER STATE WHICH HAS ALMOST USED UP ITS INITIAL SHARE SHOULD DRAW AN ADDITIONAL SHARE FROM THE RESERVE ; WHEREAS EACH TIME ITS ADDITIONAL SHARE IS ALMOST USED UP A MEMBER STATE SHOULD DRAW A FURTHER SHARE , AND SO ON AS MANY TIMES AS THE RESERVE ALLOWS ; WHEREAS THE INITIAL AND ADDITIONAL SHARES SHOULD BE VALID UNTIL THE END OF THE QUOTA PERIOD ; WHEREAS THIS FORM OF ADMINISTRATION REQUIRES CLOSE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION , AND THE COMMISSION MUST BE IN A POSITION TO KEEP ACCOUNT OF THE EXTENT TO WHICH THE QUOTAS HAVE BEEN USED UP AND TO INFORM THE MEMBER STATES ACCORDINGLY ;

WHEREAS IF AT A GIVEN DATE IN THE QUOTA PERIOD A CONSIDERABLE QUANTITY OF A MEMBER STATE'S INITIAL SHARE REMAINS UNUSED IT IS ESSENTIAL THAT SUCH STATE SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , IN ORDER TO PREVENT A PART OF THE COMMUNITY TARIFF QUOTA FROM REMAINING UNUSED IN ONE MEMBER STATE WHILE IT COULD BE USED IN OTHERS ;

WHEREAS , SINCE THE KINGDOM OF BELGIUM , THE KINGDOM OF THE NETHERLANDS AND THE GRAND DUCHY OF LUXEMBOURG ARE UNITED WITHIN AND JOINTLY REPRESENTED BY THE BENELUX ECONOMIC UNION , ANY MEASURE CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FROM 1 JANUARY UNTIL 31 DECEMBER 1979 , THE AUTONOMOUS DUTY OF THE COMMON CUSTOMS TARIFF FOR RAW SILK ( NOT THROWN ) FALLING WITHIN HEADING NO 50.02 SHALL BE TOTALLY SUSPENDED WITHIN A COMMUNITY TARIFF QUOTA OF 4 200 TONNES .

ARTICLE 2

1 . A FIRST INSTALMENT OF 3 395 TONNES OF THIS COMMUNITY TARIFF QUOTA SHALL BE ALLOCATED AMONG THE MEMBER STATES ; THE SHARES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID UNTIL 31 DECEMBER 1979 , SHALL BE AS FOLLOWS :

* ( TONNES ) *

BENELUX*5*

DENMARK*5*

GERMANY*200*

FRANCE*1 000*

IRELAND*5*

ITALY*2 000*

UNITED KINGDOM*180*

2 . THE SECOND INSTALMENT OF 805 TONNES SHALL CONSTITUTE THE RESERVE .

ARTICLE 3

1 . IF A MEMBER STATE HAS USED 90 % OR MORE OF ITS INITIAL SHARE AS FIXED IN ARTICLE 2 ( 1 ) , OR OF THAT SHARE MINUS ANY PORTION RETURNED TO THE RESERVE PURSUANT TO ARTICLE 5 , IT SHALL FORTHWITH , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE , TO THE EXTENT THAT THE RESERVE SO PERMITS , EQUAL TO 10 % OF ITS INITIAL SHARE , ROUNDED UP AS NECESSARY TO THE NEXT WHOLE NUMBER .

2 . IF A MEMBER STATE , AFTER EXHAUSTING ITS INITIAL SHARE , HAS USED 90 % OR MORE OF THE SECOND SHARE DRAWN BY IT , THAT MEMBER STATE SHALL FORTHWITH , IN THE MANNER AND TO THE EXTENT PROVIDED IN PARAGRAPH 1 , DRAW A THIRD SHARE EQUAL TO 5 % OF ITS INITIAL SHARE , ROUNDED UP AS NECESSARY TO THE NEXT WHOLE NUMBER .

3 . IF A MEMBER STATE , AFTER EXHAUSTING ITS SECOND SHARE , HAS USED 90 % OR MORE OF THE THIRD SHARE DRAWN BY IT , THAT MEMBER STATE SHALL , IN THE MANNER AND TO THE EXTENT PROVIDED IN PARAGRAPH 1 , DRAW A FOURTH SHARE EQUAL TO THE THIRD .

THIS PROCESS SHALL APPLY UNTIL THE RESERVE IS USED UP .

4 . BY WAY OF DEROGATION FROM PARAGRAPHS 1 , 2 AND 3 , A MEMBER STATE MAY DRAW SHARES LOWER THAN THOSE SPECIFIED IN THOSE PARAGRAPHS IF THERE ARE GROUNDS FOR BELIEVING THAT THOSE SPECIFIED MAY NOT BE USED IN FULL . ANY MEMBER STATE APPLYING THIS PARAGRAPH SHALL INFORM THE COMMISSION OF ITS GROUNDS FOR SO DOING .

ARTICLE 4

ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 DECEMBER 1979 .

ARTICLE 5

MEMBER STATES SHALL , NOT LATER THAN 1 OCTOBER 1979 , RETURN TO THE RESERVE THE UNUSED PORTION OF THEIR INITIAL SHARE WHICH , ON 15 SEPTEMBER 1979 , IS IN EXCESS OF 30 % OF THE INITIAL VOLUME . THEY MAY RETURN A GREATER PORTION IF THERE ARE GROUNDS FOR BELIEVING THAT IT MAY NOT BE USED IN FULL .

MEMBER STATES SHALL , NOT LATER THAN 1 OCTOBER 1979 , NOTIFY THE COMMISSION OF THE TOTAL QUANTITIES OF THE PRODUCT IN QUESTION IMPORTED UP TO AND INCLUDING 15 SEPTEMBER 1979 AND CHARGED AGAINST THE COMMUNITY QUOTA AND OF ANY PORTION OF THEIR INITIAL SHARES RETURNED TO THE RESERVE .

ARTICLE 6

THE COMMISSION SHALL KEEP AN ACCOUNT OF THE SHARES OPENED BY THE MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND SHALL , AS SOON AS THE INFORMATION REACHES IT , INFORM EACH STATE OF THE EXTENT TO WHICH THE RESERVE HAS BEEN USED UP .

IT SHALL , NOT LATER THAN 5 OCTOBER 1979 , INFORM THE MEMBER STATES OF THE AMOUNT STILL IN RESERVE , FOLLOWING ANY RETURN OF SHARES PURSUANT TO ARTICLE 5 .

IT SHALL ENSURE THAT THE DRAWING WHICH EXHAUSTS THE RESERVE DOES NOT EXCEED THE BALANCE AVAILABLE , AND TO THIS END SHALL NOTIFY THE AMOUNT OF THAT BALANCE TO THE MEMBER STATE MAKING THE LAST DRAWING .

ARTICLE 7

1 . THE MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTATIONS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR ACCUMULATED SHARES OF THE COMMUNITY QUOTA .

2 . THE MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE PRODUCT IN QUESTION ESTABLISHED IN THEIR TERRITORY HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

3 . THE MEMBER STATES SHALL CHARGE AGAINST THEIR SHARES IMPORTS OF THE PRODUCT IN QUESTION AS AND WHEN THE PRODUCT IS ENTERED WITH THE CUSTOMS AUTHORITIES FOR HOME USE .

4 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPH 3 .

ARTICLE 8

AT THE REQUEST OF THE COMMISSION , THE MEMBER STATES SHALL INFORM IT OF IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 9

THE MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

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

DONE AT LUXEMBOURG , 12 DECEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

M . LAHNSTEIN