CELEX: 31974R2418
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2418/74 of the Council of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for raw silk (not thrown), falling within heading No 50.02 of the Common Customs Tariff for 1975

27. 9. 74                             Official Journal of the European Communities                            No L 261 / 1
                                                              I
                                           (Acts whose publication is obligatory)
                               REGULATION (EEC) No 2418 /74 OF THE COUNCIL
                                                   of 23 September 1974
              on the opening, allocation and administration of a Community tariff quota for
              raw silk (not thrown), falling within heading No 50.02 of the Common Customs
                                                       Tariff for 1975
THE COUNCIL OF THE EUROPEAN                                       light of the principles outlined above appear
COMMUNITIES ,                                                     consistent with the Community nature of the quota ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28                  Whereas in view of these factors the initial percentage
thereof ;                                                         shares in the quota volume can for 1975 be expressed
                                                                  approximately as follows :
Having regard to the draft Regulation submitted by
the Commission ;                                                        Benelux                                   0-25
                                                                        Denmark                                   0-25
Whereas, in accordance with the resolution passed at                    Germany                                  10-50
                                                                        France                                   37-50
its meeting of 29 to 31 May 1967, the Council , by its
                                                                        Ireland                                   0-25
Regulation (EEC) No 321 /70 ('), reintroduced until 31
December 1976 the 10 % autonomous duty of the                           Italy                                    45-00
Common Customs Tariff for raw silk (not thrown)                         United Kingdom                            6-25
falling within heading No 50.02 ; whereas the conven­
tional duty for that product is 5 % ;                             Whereas, to take account of future import trends for
                                                                  the product under consideration, the total quota
Whereas the resolution aforesaid further provides for             volume      should   be  divided   into  two   successive
the opening, in respect of that period and for that               amounts to give importers some degree of certainty,
product, of annual Community tariff quotas exempt                 the first being allocated and the second held as a
from customs duties ; whereas the amount of those
                                                                  reserve to cover at a later date the requirements of
quotas should correspond to the. difference between               Member States who have used up their initial share ;
the total consumption of raw silk and the amount                  whereas to give importers some degree of certainty the
produced in the Community ;                                       first successive amount of the Community tariff quota
                                                                  should in the event be fixed at 80 % of the total
Whereas raw silk is produced in the Community and                 quota ;
whereas it is in the Community's interest to maintain
this production on its territory ; whereas that produc­
tion can be estimated at 200 metric tons for 1975 ;               Whereas the initial shares may be used up more or
whereas taking account of this production and of the              less quickly ; whereas, therefore, to avoid disruption of
forecasts for 1975, the imports needed to satisfy                 supplies any Member State which has almost used up
consumption within the Community can be estimated                 its initial share, must draw a supplementary share
at 2 500 metric tons ;                                            from the reserve ; whereas this must be done by each
                                                                  Member State as each one of its supplementary shares
Whereas equal and continuous access to the quota                  is almost used up and as many times as the reserve
should be ensured for all Community importers and                 allows ; whereas the initial and supplementary shares
the rate of levy for the tariff quota should be applied           must be valid until the end of the quota period ;
consistently to all imports of the product in question            whereas this form of administration requires close
until the quota is used up ; whereas utilization of the           collaboration    between  the  Member States and      the
Community tariff quota based on an allocation                     Commission, and the Commission must be in a posi­
between the Member States concerned would in the                  tion to follow the extent to which the quota volume
                                                                  has been used up and inform the Member States
(') OJ No L 43 , 24 . 2 . 1970, p. 2.                             thereof ;
 ---pagebreak--- No L 261 /2                           Official Journal of the European Communities                              27. 9. 74
Whereas if, at a given date in the quota period, a              delay, under the conditions laid down in paragraph 1 ,
considerable quantity is left over in a Member State, it         draw a third share equal to 5 % of its initial share.
is essential that such State should return a substantial
proportion to the reserve, to prevent part of the total          3 . If, after its second share has been used up, 90 %
quota from remaining unused in one Member State                 or more of the third share drawn by a Member State
while it could be used in others ;                               has been used up, that Member State shall without
                                                                delay, under the same conditions, draw a fourth share
Whereas since the Kingdom of Belgium, the                       equal to the third.
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg, are jointly represented by the Benelux              This process shall apply until the reserve is used up.
Economic Union any measure concerning the admin­                4. By way of derogation from paragraphs 1 , 2 and
istration of the quota-shares allocated to that                 3, the Member States may draw shares lower than
Economic Union may be carried out by one of its                 those fixed in those paragraphs if there are grounds
members,                                                        for considering that those fixed may not be used up.
                                                                They shall inform the Commission of their reasons
                                                                for applying this paragraph .
HAS ADOPTED THIS REGULATION :
                                                                                        Article 4
                            Article 1
                                                                Supplementary shares drawn pursuant to Article 3
1 . From 1 January to 31 December 1975 the auton­               shall be valid until 31 December 1975 .
omous duty of the Common Customs Tariff for raw
silk (not thrown), falling within heading No 50.02                                       Article 5
shall be totally suspended in respect of a Community
tariff quota of 2 500 metric tons .                             A Member State which on 15 September 1975 has not
                                                                used up its initial share shall return to the reserve not
2. Within the limits of this tariff quota, the new              later than 10 October 1975 the unused portion
Member States shall apply the duties calculated in              exceeding 30 % of the initial amount. It may return a
accordance with the relevant provisions of the Act of           greater portion if there are grounds for considering
Accession .
                                                                that it may not be used up .
                                                                The Member States shall , not later than 10 October
                            Article 2
                                                                 1975 notify to the Commission the total quantities of
1.     A first successive amount of 2 000 metric tons of        the raw silk imported up to and including 15
this tariff quota shall be allocated among the Member           September 1975 and charged against the Community
States ; shares shall, subject to Article 5, be valid until     tariff quota and any quantities of the initial share
31 December 1975 and shall be as follows :                       returned to the reserve .
      Benelux                             5 metric tons
                                                                                         Article 6
      Denmark                             5 metric tons
      Germany                          210  metric tons
                                                                The Commission shall keep an account of the shares
      France                           750  metric tons
                                                                opened by the Member States pursuant to Articles 2
      Ireland                             5 metric tons
                                                                and 3 and shall , as soon as it has been notified , inform
      Italy                            900  metric tons         each State of the extent to which the reserve has been
      United Kingdom                   1 25 metric tons
                                                                used up .
2.     The second successive amount, of 500 metric               It shall inform the Member States , not later than 1 5
tons , shall be held in reserve .                               October 1975 , of the amount held in reserve after
                                                                amounts have been returned thereto pursuant to Arti­
                            Article 3                           cle 5 .
1.     If 90 % or more of a Member State 's initial share       It shall ensure that the drawing which finally uses up
                                                                the reserve is limited to the balance available and to
specified in Article 2 ( 1 ) or of that share minus the
portion returned to the reserve where Article 5 is              this end shall specify the amount thereof to the
applied, has been used up, that Member State shall              Member State making the last drawing.
without delay, by notifying the Commission , draw a
second share, to the extent that the reserve is suffi­                                  A rticle 7
cient, equal to 10 % of its initial share, rounded up
where necessary to the next unit .                               1 . The Member States shall take all appropriate
                                                                measures to ensure that supplementary shares drawn
2.     If, after its initial share has been used up, 90 %       pursuant to Article 3 are opened in such a way that
or more of the second share drawn by a Member State             charges may be made, without interruption , against
has been used up, that Member State shall without               their cumulative shares of the Community quota.
 ---pagebreak--- 27. 9 . 74                        Official Journal of the European Communities                       No L 261 /3
2. Each Member State shall ensure that importers                                   Article 9
of the said product established in its territory have
free access to the shares allocated to it.
                                                             The Member States and the Commission shall coop­
3 . The extent to which a Member State has used up           erate closely to ensure that this Regulation is
its share shall be determined on the basis of quantities     observed .
of the imports in question entered for home use.
                        Article 8                                                 Article 10
The Member States shall regularly inform the
Commission of imports actually charged against their         This Regulation shall enter into force on 1 January
shares .                                                     1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 September 1974.
                                                                        For the Council
                                                                         The President
                                                                        Ch . PONCELET