CELEX: 31975R2883
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2883/75 of the Council of 29 October 1975 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 (1976)

12. 11 . 75                        Official Journal of the European Communities                         No L 292/ 19
                             REGULATION (EEC) Np 2883/75 OF THE COUNCIL
                                                  of 29 October 1975
               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 (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      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
Having regard to the Treaty establishing the                   outlined above, appear consistent with the Com­
European Economic Community, and in particular                  munity nature of the quota ;
 Article 28 thereof;
                                                               Whereas, in view of these factors, the initial
Having regard to the draft Regulation submitted by             percentage shares in the quota volume for 1976 can
 the Commission ;                                              be expressed approximately as follows :
"Whereas, in accordance with the resolution passed                     Benelux                             0-25
at its meeting from 29 to 31 May 1967, the Council,                    Denmark                             0-25
 by its Regulation (EEC) No 321/70 (*), reintroduced,
                                                                       Germany                           10-50
 until 31 December 1976, the 10% autonomous duty
 of the Common Customs Tariff for raw silk (not                        France                            37-50
thrown), falling within heading No 50.02; whereas                      Ireland                             0-25
the conventional duty for that product is 5% ;
                                                                       Italy                             45-00
                                                                       United Kingdom                      6-25 ;
Whereas      the   aforementioned    resolution   further
provides for the opening, in respect of that period
and for that product, of annual Community tariff               Whereas, to take account of future trends in imports
quotas exempt from customs duties ; whereas the                of the product in question, the quota should be
amount of those quotas should correspond to the                divided into two tranches, the first being allocated
 difference between the total consumption of raw silk          and the second to form a reserve intended to cover
 and the amount produced in the Community;                     any subsequent requirements of Member States who
                                                               have used up their initial shares ; whereas, in order
                                                               to ensure a certain degree of security for importers,
Whereas raw silk is produced in the Community                  the first tranche of the Community tariff quota
and whereas it is in the Community's interest to               should in this case be fixed at 80% of the total quota;
maintain this production on its territory; whereas
that production can be estimated at 350 metric tons
for 1976; whereas, taking account of this production
and of the forecasts for 1976, the imports needed              Whereas the initial shares may be used up at different
to satisfy consumption within the Community can                rates ; whereas, to - provide for this eventuality and
be estimated at 2 500 metric tons ;                            to avoid disruption of supplies, any Member State
                                                              which has almost used up its initial share should
                                                              draw an additional share from the reserve; whereas
                                                              this should be done by each Member State when
Whereas equal and continuous access to the quota               each of its additional shares has been almost used
should be ensured for all Community importers and              up, and so on as many times as the reserve allows ;
the rate laid down for the tariff quota should be              whereas the initial and additional shares should be
applied consistently to all imports of the product             valid until the end of the quota period ; whereas
                                                               this form of administration requires close collabor­
                                                               ation between Member States and the Commission,
(^ OJ No L 43, 24. 2. 1970, p. 2.                              which latter must, in particular, be able to keep
 ---pagebreak---  No L 292/20                        Official Journal of the European Communities                               12.11.75
 a record of the extent to which the quota has been                                      Article 3
 used up and to inform the Member States
 accordingly;
                                                                1 . If 90% or more of a Member State's initial share
                                                                as fixed in Article 2 ( 1 ), or of that share minus any
 Whereas if, at a given date in the quota period,               portion returned to the reserve where Article 5 has
 a considerable quantity is left over in a Member               been applied, has been used up, that Member State
 State, it is essential that that Member State should           shall forthwith, by notifying the Commission, draw
 return a significant proportion to the reserve, so as          a second share, to the extent that the reserve so
 to avoid a part of the quota remaining unused in              permits, equal to 10% of its initial share, rounded
 one Member State when it could be used in others ;             up as necessary to the next whole number.
 Whereas, since the Kingdom of Belgium, the                     2. If, after its initial share has been used up, 90%
 Kingdom of the Netherlands and the Grand Duchy                 or more of the second share drawn by a Member
 of Luxembourg, are united within and jointly                  State has been used up, that Member State shall
 represented by the Benelux Economic Union, any                forthwith, in the manner and to the extent provided
 measure concerning the administration of the shares           in paragraph 1 , draw a third share equal to 5% of
 allocated to that Economic Union may be carried                its initial share.
 out by any one of its members,
                                                               3 . If, after its second share has been used up, 90%
                                                                or more of the third share drawn by a Member
HAS ADOPTED THIS REGULATION :                                  State has been used up, that Member State shall
                                                               forthwith, in accordance with the same conditions,
                                                                draw a fourth share equal to the third.
                         Article 1
                                                               This procedure shall apply until the reserve is used
 1 . From 1 January to 31 December 1976, the                   up .
autonomous duty of the Common Customs Tariff
for raw silk (not thrown), falling within heading
                                                               4. By way of derogation from paragraphs 1 , 2 and
No 50.02, shall be totally suspended within a Com­
                                                               3 , Member States may draw lesser shares than those
 munity tariff quota of 2 500 metric tons.
                                                               specified therein if there are grounds for believing
                                                               that those specified may not be used in full. They
2. Within this tariff quota, the new Member States             shall inform the Commission of their reasons for
shall apply duties calculated in accordance with the           applying this paragraph.
relevant provisions of the Act of Accession.
                                                                                        Article 4
                         Article 2
1 . A first tranche of 2 000 metric tons of this Com­          Additional shares drawn pursuant to Article 3 shall
                                                               be valid until 31 December 1976.
munity tariff quota shall be allocated among the
Member States. Member States' shares, which,
subject to Article 5, shall be valid until 31 December
1976, shall be as follows :                                                             Article 5
                                        xn metric tons
        Benelux
                                                               Member States shall return to the reserve, not later
                                                5
                                                              than 1 October 1976, the unused portions of their
        Denmark                                 5              initial shares which, on 15 September 1976, are in
        Germany                               210              excess of 20% of the initial amounts. They may
                                                              return a greater portion if there are grounds for
        France                                750              believing that such portion may not be used up.
        Ireland                                 5
        Italy                                 900             Member States shall notify the Commission, not later
                                                               than 1 October 1976, of the total quantities of the
        United Kingdom                        125 .
                                                              raw silk imported up to and including 15 September
                                                               1976 and charged against the Community quota and
2. The second tranche of 500 metric tons shall                 of any portion of their initial shares returned to
constitute the reserve.                                        the reserve.
 ---pagebreak--- 12. 11 . 75                       Official Journal of the European Communities                          No L 292/21
                       Article 6                             2. Member States shall ensure that importers of the
                                                             product in question established in their territory have
The Commission shall keep an account of the shares           free access to the shares allocated to them.
opened by the Member States pursuant to Articles
2 and 3 and, as soon as it has been notified, shall          3 . The extent to which a Member State has used
inform each State of the extent to which the reserve         up its share shall be determined' on the basis of the
has been used up.                                            imports of the product in question entered with the
                                                             customs authorities for home use.
It shall inform the Member States, not later than
5 October 1976, of the amount still in reserve after                                 Article 8
amounts have been returned thereto pursuant to
Article 5 .                                                  At the Commission's request, Member States shall
It shall ensure that the drawing which exhausts the          inform it of the imports actually charged against
reserve does not exceed the balance available and            their shares .
to this end, shall notify the amount of that balance
to the Member State making the last drawing.                                         Article 9
                                                             Member States and the Commission shall cooperate
                       Article 7                             closely to ensure that this Regulation is complied
                                                             with.
1 . Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to                                  Article 10
Article 3 are opened in such a way that imports
may be charged without interruption against their            This Regulation shall       enter into force on 1
aggregate shares of the Community quota.                    January 1976.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Luxembourg, 29 October 1975.
                                                                                For the Council
                                                                                 The President
                                                                                 G. MARCORA