CELEX: 31976R3010
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3010/76 of 9 December 1976 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 (1977)

14. 12. 76                                Official Journal of the European Communities                            No L 344/ 1
                                                                  I
                                               (Acts whose publication is obligatory)
                                         COUNCIL REGULATION ( EEC) No 3010/76
                                                       of 9 December 1976
              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 ( 1977)
THE COUNCIL OF THE EUROPEAN                                            the processing industries would appear to be the solu­
COMMUNITIES,                                                           tion to the demands of these Community industries
                                                                       and would maintain and increase the level of raw silk
                                                                       production ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28
thereof,
                                                                       Whereas Italian production in 1977 may be estimated
                                                                       at 40 metric tons per year ; whereas, taking account of
Having regard to the draft Regulation submitted by                     this production and of the forecasts for 1977 the
the Commission ,                                                       imports needed to satisfy consumption within the
                                                                       Community can be estimated at 3 800 metric tons ;
                                                                       whereas the fixing of the quota amount at this level
Whereas, in accordance with the resolution passed at                   does not preclude an adjustment within the quota
its meeting from 29 to 31 May 1967, the Council , by                   period ;
its Regulation ( EEC) No 321 /70 (') reintroduced, until
31 December 1976, the 10 % autonomous duty of the
Common Customs Tariff for raw silk (not thrown)                        Whereas equal and continuous access to the quota
falling within heading No 50.02 ; whereas the conven­                  should be ensured for all Community importers and
tional duty for that product is 5 % ;                                  the rate laid down for the tariff quota should be
                                                                       applied consistently to all imports of the product in
Whereas     the   aforementioned            resolution   further       question until the quota is used up ; whereas a system
provides for the opening, in respect of that period and                of utilization of the Community tariff quota, based on
for that product, of annual Community tariff quotas                    an allocation between the Member States concerned,
exempt from customs duties ; whereas the resolution                    would, in the light of the principles outlined above,
also provided that the situation in the sector be re-ex­               appear consistent with the Community nature of the
amined in 1976 ; whereas raw silk manufactured from                    quota ;
cocoons produced in Italy does not as yet reach the
1 000 metric tons provided for in the abovementioned
Council resolution ; whereas, however, major invest­                   Whereas, in view of these factors, the initial percen­
ments have been made in Italy for this purpose, with                   tage shares in the quota volume for 1977 can be
assistance from the State, regions and individual                      expressed approximately as follows :
persons ; whereas the Community has made contribu­
tion to this effort in the form of supplementary aid ;                      Benelux                                  0-20
whereas it is desirable at the present time to avoid                        Denmark                                  0-20
final measures that could lead to the halting of action                     Germany                                  8-31
taken ; whereas, under such conditions , it is advisable                    France                                  35-65
to extend the system now in force to enable a close                         Ireland                                  0-20
observation to be kept on Italian production ;
                                                                            Italy                                   47-52
                                                                            United Kingdom                           7-92
Whereas the opening of an annual tariff quota for nil­
duty raw silk imports corresponding to the needs of
                                                                       Whereas, to take account of future trends in imports
(') OJ No L 43 , 24 . 2 . 1970 , p . 2 .                               of the product in question in all the Member States,
 ---pagebreak--- No. L 344/2                        Official Journal of the European Communities                              14. 12. 76
the quota should he divided into two tranches, the                                     Article 2
first being distributed among the Member States and
the second to form a reserve intended to cover any
subsequent requirements of Member States who have             1.    A first tranche of 2 525 metric tons of this
used up their initial shares ; whereas, in order to          Community tariff quota shall be allocated among the
ensure a certain degree of security for importers of         Member States. Member States' shares, which subject
each Member State, the first tranche should in this          to Article 5 shall be valid until 31 December 1977,
                                                              shall be as follows :
case be fixed at 65% of the total quota ;
                                                                                                    (in metric tons)
Whereas the initial shares may be used up at different
rates ; whereas, to provide for this eventuality and to            Benelux                                        5
avoid disruption of supplies, any Member State which               Denmark                                        5
has almost used up its initial share should draw an                Germany                                      210
additional share from the reserve ; whereas this should            France                                       900
be done by each Member State when each of its addi­                Ireland                                        5
tional shares has been almost used up, and so on as                Italy                                      1 200
many times as the reserve allows ; whereas the initial             United Kingdom                               200
and additional shares should be valid until the end of
the quota period ; whereas this form of administration
requires close collaboration between Member States            2.    The second tranche of 1 275 metric tons shall
and the Commission, which latter must, in particular,         constitute the reserve .
be able to keep a record of the extent to which the
quota has been used up and to inform the Member
States accordingly ;
                                                                                       Article J
Whereas if, at a given date in the quota period, a
considerable quantity of the initial share is left over in    1.    If 90 % or more of a Member State s initial share
a Member State, it is essential that that Member State
                                                              as fixed in Article 2 ( 1 ), or of that share minus any
should return a significant proportion to the reserve,        portion returned to the reserve where Article 5 has
so as to avoid a part of the quota remaining unused in        been applied, has been used up, that Member State
one Member State when it could be used in others ;
                                                              shall forthwith, by notifying the Commission, draw a
                                                              second share, to the extent that the reserve so permits,
Whereas, since the Kingdom of Belgium, the                    equal to 10 % of its initial share, rounded up as neces­
Kingdom of the Netherlands and the Grand Duchy of             sary to the next whole number.
 Luxembourg are united within and jointly represented
by the Benelux Economic Union , any measure
concerning the administration of the shares allocated         2. If, after its initial share has been used up, 90 %
to that economic union may be carried out by any              or more of the second share drawn by a Member State
one of its members,                                           has been used up, that Member State shall forthwith,
                                                              in the manner and to the extent provided in para­
                                                              graph 1 , draw a third share equal to 5 % of its initial
                                                              share .
 HAS ADOPTED THIS REGULATION :                                3 . If, after its second share has been used up, 90 %
                                                              or more of the third share drawn by a Member State
                                                              has been used up, that Member State shall forthwith,
                                                              in accordance with the same conditions, draw a fourth
                         Article 1                            share equal to the third .
 1.    From 1 January to 31 December 1977 the auto­           This procedure shall apply until the reserve is used
 nomous duty of the Common Customs Tariff for raw             up .
 silk (not thrown), falling within heading No 50.02,
 shall be totally suspended within a Community tariff
 quota of 3 800 metric tons.                                  4. By way of derogation from paragraphs 1 , 2 and
                                                              3, Member States may draw lesser shares than those
                                                              specified therein if there are grounds for believing
 2.    Within this tariff quota, the new Member States        that those specified may not be used in full. They
 shall apply duties calculated in accordance with the         shall inform the Commission of their reasons for
 relevant provisions of the Act of Accession .                applying this paragraph .
 ---pagebreak--- 14. 12. 76                         Official Journal of the European Communities                             No L 344/3
                        Article 4                            this end, shall notify the amount of that balance to
                                                             the Member State making the last drawing.
Additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1977 .
                                                                                     Article 7
                        Article 5                             1.     Member   States   shall   take    all    appropriate
                                                             measures    to  ensure   that   additional    shares  drawn
Member States shall return to the reserve, not later         pursuant to Article 3 are opened in such a way that
than 1 October 1977, the unused portions of their            imports may be charged without interruption against
initial shares which, on 15 September 1977, are in           their aggregate shares of the Community quota.
excess of 30 % of the initial amounts. They may
return a greater portion if there are grounds for            2. Member States shall ensure that importers of the
believing that such portion may not be used up.              product in question established in their territory have
                                                             free access to the shares allocated to them .
Member States shall notify the Commission, not later
than 1 October 1 977, of the total quantities of the raw     3.     The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
silk imported up to and including 15 September 1977
and charged against the Community quota and of any           imports of the product in question entered with the
                                                             customs authorities for home use .
portion of their initial shares returned to the reserve.
                                                                                     Article 8
                        Article 6
                                                             At the Commission s request, Member States shall
The Commission shall keep an account of the shares
                                                             inform it of the imports actually charged against their
opened by the Member States pursuant to Articles 2           shares.
and 3 and , as soon as it has been notified, shall inform
each State of the extent to which the reserve has been
                                                                                     Article 9
used up.
It shall inform the Member States, not later than 5          Member States and the Commission shall cooperate
October 1977, of the amount still in reserve after           closely to ensure that this Regulation is complied
                                                             with .
amounts have been returned thereto pursuant to
Article 5 .                                                                          Article 10
It shall ensure that the drawing which exhausts the          This Regulation shall enter into force on 1 January
reserve does not exceed the balance available and to          1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 December 1976 .
                                                                          For the Council
                                                                           The President
                                                                         P.J.J. MERTENS