CELEX: 31987R4094
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4094/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for raw silk (not thrown), falling within code 5002 00 00 of the combined nomenclature

31 . 12 . 87                              Official Journal of the European Communities                                  No L 383 / 1
                                                                   I
                                                (Acts whose publication is obligatory)
                                          COUNCIL REGULATION (EEC ) No 4094 / 87
                                                        of 22 December 1987
               opening, allocating and providing for the administration of a Community tariff quota for raw silk (not
                             thrown), falling within code 5002 00 00 of the combined nomenclature
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             whereas , with effect from the abovementioned date , the
                                                                      combined nomenclature and , where appropriate , the TARIC
                                                                      code numbers , should be used for the description of the
 Having regard to the Treaty establishing the European                products covered by this Regulation ;
Economic Community , and in particular Article 28
thereof,
                                                                      Whereas equal and continuous access to the quota should be
Having regard to the proposal from the Commission ,                   ensured for all Community importers and the rate laid down
                                                                      for the quota should be applied consistently to all imports of
                                                                      the product in question until the quota is used up ; whereas a
Whereas Community production of raw silk ( not thrown),               system of utilization of the Community tariff quota based on
falling within code 5002 00 00 of the combined                        an allocation among the Member State concerned would in
nomenclature does not cover the needs for the user
                                                                      the light of the principles outlined above appear consistent
industries ; whereas the supply of the latter therefore depends       with the Community nature of the quota ;
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              Whereas in view of these factors the initial percentage shares
question , within the limits of an appropriate Community              of the quota volume for 1988 can be expressed
tariff quota ;                                                        approximately as follows :
Whereas it is desirable at the present time to avoid permanent                Germany                                     2,45
measures which could lead to the halting of action taken in                   Greece                                      0,04
the sector over a number of years to increase Community                       France                                      8,64
production ; whereas accordingly it is advisable to extend the                Italy                                      86,42
tariff arrangements in force in 1987 ;                                        United Kingdom                              2,45
Whereas Community production does not appear to have
changed considerably when compared with 1987 ; whereas ,              Whereas , to allow for import trends for the product in
taking account of this production and of the forecasts for            question in the various Member States the quota should be
1988 , the imports needed to satisfy consumption within the           divided into two parts , the first being distributed among the
Community can be estimated at 8 500 tonnes ; whereas                  Member States which are traditional importers and the
setting the quota volume at this level does not preclude an           second to form a reserve intended to cover any subsequent
adjustment within the quota period ; whereas , therefore , the        requirements of these Member States as well as those
tariff quota in question should be opened on 1 January 1988           Member States which do not participate in the initial
and allocated among Member States ;                                   allocation ; whereas in order to ensure a certain degreee of
                                                                      security for importers of each Member State , the first part of
                                                                      the quota should in this case be set at about 80 % of the total
Whereas the Community has adopted , with effect from 1                quota volume ;
January 1988 , a combined nomenclature for goods which
meets the requirements of the Common Customs Tariff and
the nomenclature of goods for the external trade statistics of        Whereas the initial shares may be used at different rates ;
the Community and statistics of trade between Member                  whereas , therefore , to avoid any break in the continuity of
States ; whereas in order to accomodate specific Community            supplies , any Member State which has almost used up its
measures , this nomenclature has been expanded into an                initial share should draw a supplementary share from the
integrated tariff of the European Communities ( TARIC );              reserve ; whereas this must be done by each Member State as
 ---pagebreak--- No L 383 / 2                                 Official Journal of the European Communities                                             31 . 12 . 87
each of its supplementary shares is almost used up , and as                  Whereas , since the Kingdom of Belgium , the Kingdom of the
many times as the reserve allows ; whereas the initial and                   Netherlands and the Grand Duchy of Luxembourg are united
supplementary shares must be valid until the end of the quota                within and jointly represented by the Benelux Economic
period ; whereas this form of administration requires close                  Union , any measure concerning the administration of the
cooperation between the Member States and the                                quota shares allocated to that economic union may be carried
Commission , and the latter must be able to monitor the                      out by any one of its members ,
extent to which the quota volume has been used up and
inform the Member States accordingly ;
                                                                             HAS ADOPTED THIS REGULATION :
Whereas if at a given date in the quota period a considerable                                               Article 1
quantity of the initial share is left over in a Member State , it is
essential that the Member State concerned should return a                    1.     From 1 January to 31 December 1988 , the customs
significant percentage thereof to the reserve so as to avoid a               duty applicable to imports of the following products shall be
part of the Community tariff quota remaining unused in one                   suspended at the level indicated and within the limits of a
Member State when it could be used in others ;                               Community tariff quota as shown herewith :
                          CN code                                                                             Quota volume        Rate of duty
     Order No                                                      Description                                 ( in tonnes )          (% )
09.2703               5002 00 00             Raw silk , ( not thrown )                                             8 500               0
2.     Within the limits of the tariff quota referred to in                  returned to the reserve where Article 5 is applied , has been
paragraph 1 , the Kingdom of Spain and the Portuguese                        used up , that Member State shall forthwith , by notifying the
Republic shall apply duties calculated in accordance with the                Commission and to the extent permitted by the amount of the
relevant provisions of the 1985 Act of Accession .                           reserve , draw a second share equal to 10 % of its initial share ,
                                                                             rounded up where necessary to the next whole number.
                             Article 2
                                                                             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
1.     The first part of the Community tariff quota ,                        up , that Member State shall forthwith , using the procedure
amounting to 6 943 tonnes , shall be allocated among certain                 set out in paragraph 1 , draw a third share equal to 5 % of its
Member States . Member States' shares shall , subject to                     initial share .
Article 5 , be valid until 31 December 1988 and shall be as
follows :
                                                                             3.     If, after its second share has been used up , 90% or
                                                    (tonnes)                 more of the third share drawn by a Member State has been
        Germany                                           170                used up , that Member State shall forthwith , using the same
        Greece                                               3               procedure , draw a fourth share equal to the third .
        France                                            600
        Italy                                         6 000
        United Kingdom                                    170                This process shall continue to apply until the reserve is used
                                                                             up .
2.     The second part of 1 557 tonnes shall constitute the
reserve .
                                                                             4.     By way of derogation from paragraphs 1 , 2 and 3 ,
                                                                             Member States may draw lower shares than those specified in
3.     If an importer notifies an imminent importation of the
                                                                             those paragraphs if there are grounds for believing that those
product in question into a Member State not participating in
                                                                             specified may not be used up . They shall inform the
the initial allocation and applies to use the quota , the
Member State concerned shall inform the Commission and                       Commission of their reasons for applying this paragraph .
draw an amount corresponding to its requirements to the
extent that the available balance of the reserve so permits .
                                                                                                            Article 4
                             Article 3
1.     If 90% or more of a Member State's initial share as                   Supplementary shares drawn pursuant to Article 3 shall be
specified in Article 2 ( 1 ), or of that share less the portion              valid until 31 December 1988 .
 ---pagebreak--- 31 . 12 . 87                               Official journal of the European Communities                                No L 383 / 3
                            Article 5                                 Article 3 are carried out in such a way that imports may be
                                                                      charged without interruption against their accummulated
Member States shall return to the reserve , not later than 1          shares of the Community quota .
October 1988 , the unused portion of their initial share
which , on 15 September 1988 , is in excess of 30% of the             2.     Member States shall ensure that importers of the
initial amount . They may return a larger quantity if there are       product in question have free access to the shares allocated to
grounds for believing that it might not be used in full .             them .
Member States shall notify the Commission , not later than 1          3.     Member States shall charge imports of the product in
October 1988 , of the total quantities of raw silk imported up        question against their shares as and when the product is
to and including 15 September 1988 and charged against the            entered with the customs authorities for free circulation .
Community quota and of any portion of their initial share
returned to the reserve .
                                                                      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 6
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and, 3 and shall ,                                   Article 8
as soon as it has been notified , inform each State of the extent
to which the reserve has been used up .
                                                                      At the Commission's request , Member States shall inform it
                                                                      of the imports actually charged against their quota shares .
It shall inform the Member States , not later than 5 October
 1988 , of the amount still in the reserve following any return
of shares pursuant to Article 5 .
                                                                                                 Article 9
 It shall ensure that the drawing which exhausts the reserve is
limited to the balance available and to this end shall specify
 the amount of that balance to the Member State making the             Member States and the Commission shall cooperate closely
 last drawing.                                                         to ensure that this Regulation is complied with .
                             Article 7
                                                                                                 Article 10
 1.     Member States shall take all appropriate measures to
 ensure that supplementary drawings of shares pursuant to              This Regulation shall enter into force on 1 January 1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 22 December 1987 .
                                                                                             For the Council
                                                                                               The President
                                                                                              N. WILHJELM