CELEX: 31973R3460
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3460/73 of the Council of 17 December 1973 on the opening, allocating and administration of a Community tariff quota for raw silk (not thrown) falling within heading No 50.02 of the Common Customs Tariff for 1974

27 . 12 . 73                         Official Journal of the European Communities                            No L 356/7
                               REGULATION (EEC) No 3460/73 OF THE COUNCIL
                                                  of 17 December 1973
              on the opening, allocating and administration of a Community tariff quota for raw silk
               (not thrown) falling within heading No 50.02 of the Common Customs Tariff for 1974
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       light of the principles outlined above appear
                                                                consistent with the Community nature of the quota;
Having regard to the Treaty establishing the
European Economic Community, and in particular                  Whereas in view of these factors the initial percentage
Article 28 thereof;                                              shares in the quota volume can for 1974 be expressed
                                                                 approximately as follows :
Having regard to the draft Regulation submitted by
the Commission ;
                                                                                Benelux                0.3
                                                                                Denmark                0.3
Whereas, in accordance with the Resolution passed at
its meeting of 29 to 31 May 1967, the Council, by its
Regulation (EEC) No 321/70 (*), reintroduced until                              Germany               10.5
31 December 1976 the 10 % autonomous duty of the
Common Customs Tariff for raw silk (not thrown)                                 France                37.8
falling within heading No 50.02; whereas the
conventional duty for that product is 5 % ;                                     Ireland                0.3
                                                                                Italy                 45.0
Whereas the resolution aforesaid further provides for
the opening, in respect of that period and for that ,                           United Kingdom         5.8
product, of annual Community tariff quotas exempt
from customs duties ; whereas the amount of those
quotas should correspond to the difference between
the total consumption of raw silk and the amount                 Whereas, to take account of future import trends for
produced in the Community;                                       the product under consideration, the total quota
                                                                 to give importers some degree of certainty the first
                                                                 being allocated and the second held as a reserve to
Whereas raw silk is produced in the Community and                cover at a later date the requirements of Member
 whereas it is in the Community's interest to maintain
                                                                 States who have used up their initial share ; whereas
this production on its territory; whereas that                   to give importers some degree of certainly the first
production can be estimated at 120 metric tons for               tranche of the Community tariff quota should in the
1974; whereas taking account of this production and              event be fixed at 75 % of the total quota ;
of the forecasts for 1974, the imports needed to
satisfy consumption within the Community can be                  Whereas the initial shares may be used up more or
estimated at 2 570 metric tons ;                                 less quickly ; whereas, therefore, to avoid disruption
                                                                 of supplies any Member State which has almost used
                                                                 up its initial share, must draw a supplementary share
Whereas equal and continuous access to the quota                 from the reserve ; whereas this must be done by each
should be ensured for all Community importers and                Member State as each one of its supplementary shares
 the rate of levy for the tariff quota should be applied         is almost used up and as many times as the reserve
 consistently to all imports of the product in question          allows ; whereas the initial and supplementary shares
 until the quota is used up ; whereas utilization of the         must be valid until the end of the quota period ;
Community tariff quota based on an allocation                    whereas this form of administration requires close
 between the Member States concerned would in the                collaboration between the Member States and the
                                                                 Commission, and the Commission must be in a
                                                                 position to follow the extent to which the quota
                                                                 volume has been used up and inform the Member
 11 ) OJ No L 43, 24. 2. 1970, p. 2.                             States thereof;
 ---pagebreak--- No L 356/ 8                          Official Journal of the European Communities                                27 . 12 . 73
Whereas if, at a given date in the quota period, a                                          Article 3
considerable quantity is left over in a Member State,
it is  essential that such State should return a
substantial proportion to the reserve, to prevent part          1.     If 90 % or more of a Member State's initial
of the total quota from remaining unused in one                 share specified in Article 2 ( 1 ) or of that share minus
Member State while it could be used in others ;                 the portion returned to the reserve where Article 5 is
                                                                applied, has been used up ; that Member State shall
Whereas since the Kingdom of Belgium, the Kingdom               without delay, by notifying the Commission, draw a
of the Netherlands and the Grand Duchy of                       second share, to the extent that the reserve is
Luxembourg, are jointly represented by the Benelux              sufficient, equal to 10 % of its initial share, rounded
Economic Union any measure concerning the                       up where necessary to the next unit.
administration of the quota-shares allocated to that
Economic Union may be carried out by one of its
members,                                                        2.     If, after its initial share has been used up, 90 %
                                                                or more of the second share drawn by a Member
                                                                State has been used up , that Member State shall, by
                                                                notifying the Commission, draw a third share, to the
HAS ADOPTED THIS REGULATION :
                                                                extent that the reserve is sufficient, equal to 5 % of
                                                                its initial share, rounded up where necessary to the
                                                                next unit.
                         Article 1
                                                                3.     If, after its second share has been used up, 90 %
 1.   From 1 January to 31 December 1974 the                    or more of the third share drawn by a Member State
autonomous duty of the Common Customs Tariff                    has been used up, that Member State shall, in
for raw silk (not thrown) falling within heading No             accordance with paragraph 2, draw a fourth share
50.02 shall be totally suspended in respect of a                equal to the third.
Community tariff quota of 2 570 metric tons.
2. Within the limits of this tariff quota, the new              This process shall apply by analogy until the reserve
Member States shall apply the duties calculated in              is used up .
accordance with the relevant provisions of the Act of
Accession f1).
                                                                4. By way of derogation from paragraphs 1 , 2 and
                                                                3 , the Member States may draw shares lower than
                         Article 2                              those fixed in those paragraphs if there are grounds
                                                                for considering that those fixed may not be used up .
1.    A first tranche of 1 990 metric tons of this tariff
                                                                They shall inform the Commission of their reasons
                                                                for applying this paragraph.
quota shall be allocated among the Member States ;
shares shall, subject to Article 5 , be valid until 31
December 1974 and shall be as follows :
        Benelux                     5 metric tons
                                                                                            Article 4
        Denmark                     5 metric tons
        Germany                  210 metric tons                Supplementary shares drawn pursuant to Article 3
                                                                shall be valid until 31 December 1974 .
        France                   750 metric tons
        Ireland                     5 metric tons
        Italy                    900 metric tons
        United Kingdom           115 metric tons                                            Article, 5
2. The second tranche, of 580 metric tons, shall be             A Member State which on 15 September 1974 has
held in reserve.                                                not used up its initial share shall return to the reserve
                                                                not later than 10 October 1974 the unused portion
                                                                exceeding 30 % of the initial amount. It may return a
                                                                greater portion if there are grounds for considering
i1) OJ No L 73, 27. 3. 1972, p. 14.                             that it may not be used up.
 ---pagebreak--- 27 . 12 . 73                        Official Journal of the European Communities                          No L 356/9
The Member States shall, not later than 10 October             charges may be made, without interruption, against
1974 notify to the Commission the total quantities of          their cumulative shares of the Community quota.
the raw silk imported up to and including 15
September 1974 and charged against the Community               2.    Each Member State shall ensure that importers
tariff quota and any quantities of the initial share           of the said product established in its territory have
returned to the reserve .                                      free access to the shares allocated to it.
                                                               3.    The extent to which a Member State has used
                         Article 6
                                                               up its share shall be determined on the basis of
                                                               quantities of the imports in question entered for
The Commission shall keep an account of the shares             home use.
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified,
inform each State of the extent to which the reserve                                    Article 8
has been used up.
It shall inform the Member States, not later than 15           The Member States shall regularly inform the
October 1974, of the amount held in reserve after               Commission of imports actually charged against their
amounts have been returned thereto pursuant to                  shares .
Article 5 .
It shall ensure that the drawing which finally uses up                                  Article 9
the reserve is limited to the balance available and to
this end shall specify the amount thereof to the                The Member States        and the Commission shall
Member State making the last drawing.                           cooperate closely to ensure that this Regulation is
                                                                observed .
                          Article 7
                                                                                       Article 10
 1 . The Member States shall take all appropriate
 measures to ensure that supplementary shares drawn             This Regulation shall enter into force on 1 January
 pursuant to Article 3 are opened in such a way that            1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 17 December 1973 .
                                                                                     For the Council
                                                                                       The President
                                                                                      I. N0RGAARD