CELEX: 31977R2748
Language: en
Date: 1977-12-05 00:00:00
Title: Council Regulation (EEC) No 2748/77 of 5 December 1977 opening, allocating and providing for the administration of a Community tariff quota for raw silk (not thrown) falling within heading No 50.02 of the Common Customs Tariff (1978)

13 . 12 . 77                       Official Journal of the European Communities                          No L 318 / 11
                                  COUNCIL REGULATION ( EEC) No 2748 /77
                                                of 5 December 1977
               opening , allocating and providing for the administration of a Community tariff
               quota for raw silk (not thrown) falling within heading No 50.02 of the Common
                                                Customs Tariff ( 1978 )
THE COUNCIL OF THE EUROPEAN                                  Whereas, in view of these factors, the initial percen­
COMMUNITIES,                                                  tage shares in the quota volume for 1978 can be
                                                              expressed approximately as follows :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28                       Benelux                              0·14
thereof,
                                                                       Denmark                              0·14
                                                                       Germany                              5·86
                                                                       France                             29·30
Having regard to the draft Regulation submitted by                     Ireland                              014
the Commission ,
                                                                       Italy                              58·56
                                                                       United Kingdom                       5·86
Whereas Community production of raw silk (not
thrown) falling within heading No 50.02 of the
Common Customs Tariff does not cover the needs of
the user industries ; whereas the supply of the latter         whereas, to take account of future trends in imports
therefore depends to a great extent on imports from           of the product in question in all the Member States,
non-member countries ; whereas it is in the interests         the quota should be divided into two tranches, the
of the Community to suspend totally the Common                first being distributed among the Member States and
Customs Tariff duty on the product in question ,              the second to form a reserve intended to cover any
within the limits of a Community tariff quota, the            subsequent requirements of Member States who have
volume of which could be set provisionally at 4 400           used up their initial shares ; whereas, in order to
tonnes for 1978 ;                                             ensure a certain degree of security for importers of
                                                              each Member State , the first tranche should in this
                                                              case be fixed at 78 % of the total quota ;
Whereas it is desirable at the present time to avoid
final measures that could lead to the halting of action
taken in the sector over a number of years to increase
Community production ; whereas, under such condi­
                                                              Whereas the initial shares may be used up at different
tions, it is advisable to extend the system in force in
 1977 ;
                                                               rates ; whereas, to provide for this eventuality and 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
Whereas Community production does not appear to
                                                               be done by each Member State when each of its addi­
have changed considerably when compared with
 1977 ; whereas, taking account of this production and         tional shares has been almost used up, and so on as
                                                               many times as the reserve allows ; whereas the initial
of the forecasts for 1978 , the imports needed to satisfy      and additional shares should be valid until the end of
consumption within the Community can be estimated
at 4 400 tonnes ; whereas the fixing of the quota              the quota period ; whereas this form of administration
                                                               requires close collaboration between Member States
amount at this level does not preclude an adjustment
within the quota period ;                                      and the Commission , which latter must, in particular,
                                                               be able to keep a record of the extent to which the
                                                               quota has been used up and to inform the Member
Whereas equal and continuous access to the quota               States accordingly ;
 should be ensured for all Community importers and
 the rate laid down for the tariff quota should be
 applied consistently to all imports of the product in
 question until the quota is used up ; whereas a system        Whereas if, at a given date in the quota period, a
 of utilization of the Community tariff quota, based on        considerable quantity of the initial share is left over in
 an allocation between the Member States concerned ,           a Member State , it is essential that that Member State
 would, in the light of the principles outlined above,         should return a significant proportion to the reserve,
 appear consistent with the Community nature of the            so as to avoid a part of the quota remaining unused in
 quota ;                                                       one Member State when it could be used in others ;
 ---pagebreak---  No L 318 / 12                         Official Journal of the European Communities                                13 . 12 . 77
 Whereas, since the Kingdom of Belgium , the                     This procedure shall apply until the reserve is used
 Kingdom of the Netherlands and the Grand Duchy of                up .
 Luxembourg are united within and jointly represented
 by the Benelux Economic Union , any measure                      4.    By way of derogation from paragraphs 1 , 2 and
 concerning the administration of the shares allocated            3 , Member States may draw lesser shares than those
 to that economic union may be carried out by any                specified therein if there are grounds for believing
 one of its members ,                                            that those specified may not be used in full . They
                                                                 shall inform   the Commission of their reasons for
                                                                 applying this paragraph .
 HAS ADOPTED THIS REGULATION :
                                                                                         Article 4
                            Article 1
                                                                 Additional shares drawn pursuant to Article 3 shall be
 From 1 January to 31 December 1978 , the auto­                  valid until 31 December 1978 .
 nomous duty of the Common Customs Tariff for raw
 silk "(not thrown) falling within heading No 50.02,
 shall be totally suspended within a Community tariff                                    Article 5
quota of 4 400 tonnes.
                                                                 Member States shall return to the reserve, not later
                            Article 2                            than 1 October 1978 , the unused portions of their
                                                                 initial shares which , on 15 September 1978 , are in
 1.     A first tranche of 3 415 tonnes of this Commu­           excess of 30 % of the initial amounts. They may
 nity tariff quota shall be allocated among the Member           return a greater portion if there are grounds for
States. Member States' shares, which , subject to Article        believing that such portion may not be used up .
 5, shall be valid until 31 December 1978 , shall be as
follows :                                                        Member States shall notify the Commission , not later
                                          (ton ties)             than 1 October 1978 , of the total quantities of the raw
                                                                 silk imported up to and including 15 September 1978
          Benelux                                5
                                                                 and charged against the Community quota and of any
          Denmark                                5
                                                                 portion of their initial shares returned to the reserve.
          Germany                            200
          France                           1 000
          Ireland                                5                                       Article 6
          Italy                            2 000
          United Kingdom                     200
                                                                 The Commission shall keep an account of the shares
                                                                 opened by the Member States pursuant to Articles 2
2.     The second tranche of 985 tonnes shall consti­            and 3 and, as soon as it has been notified , shall inform
tute the reserve .                                               each State of the extent to which the reserve has been
                                                                 used up .
                            Article 3
                                                                 It shall inform the Member States, not later than 5
 1.     If 90 % or more of a Member State's initial share        October 1978 , of the amount still in reserve after
as fixed in Article 2(1 ), or of that share minus any            amounts have been returned thereto pursuant to
portion returned to the reserve where Article 5 has              Article 5 .
been applied , has been used up, that Member State
shall forthwith , by notifying the Commission , draw a           It shall ensure that the drawing which exhausts the
second share, to the extent that the reserve so permits,         reserve does not exceed the balance available, and to
equal to 10 % of its initial share, rounded up as neces­         this end shall notify the amount of that balance to the
sary to the next whole number.                                   Member State making the last drawing.
2.     If, after its initial share has been used up, 90 %
or more of the second share drawn by a Member State                                      Article 7
has been used up, that Member State shall forthwith ,
in the manner and to the extent provided in para­                1.    Member     States   shall   take    all    appropriate
graph 1 , draw a third share equal to 5 % of its initial         measures    to ensure   that    additional    shares   drawn
share .                                                          pursuant to Article 3 are opened in such a way that
                                                                 imports may be charged without interruption against
3.     If, after its second share has been used up, 90 %         their aggregate shares of the Community quota .
or more of the third share drawn by a Member State
has been used up, that Member State shall forthwith ,            2.    Member States shall ensure that importers of the
in accordance with the same conditions , draw a fourth           product in question established in their territory have
share equal to the third .                                       free access to the shares allocated to them .
 ---pagebreak--- 13 . 12. 77                       Official Journal of the European Communities                     No L 318 / 13
3 . Member States shall charge imports of the                                     Article 9
product in question against their shares as the product
is entered with the customs authorities for home use .
                                                            Member States and the Commission shall cooperate
4. The extent to which a Member State has used up           closely to ensure that this Regulation is complied
                                                            with .
its share shall be determined according to the condi­
tions in paragraph 3 .
                       Article 8                                                 Article 10
At the Commission's request, Member States shall
inform it of the imports actually charged against their     This Regulation shall enter into force on 1 January
shares.                                                      1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 5 December 1977 .
                                                                       For the Council
                                                                        The President
                                                                        A. HUMBLET