31973R3460

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 Germany 10.5 Regulation (EEC) No 321 /70 (*), reintroduced until 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 cover at a later date the requirements of Member Whereas raw silk is produced in the Community and States who have used up their initial share ; whereas whereas it is in the Community's interest to maintain to give importers some degree of certainly the first this production on its territory; whereas that tranche of the Community tariff quota should in the production can be estimated at 120 metric tons for event be fixed at 75 % of the total quota ; 1974; whereas taking account of this production and 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;

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Article 3 Whereas if, at a given date in the quota period, a considerable quantity is left over in a Member State, it is essential that such State should return a 1 . If 90 % or more of a Member State's initial substantial proportion to the reserve, to prevent part 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 without delay, by notifying the Commission, draw a Whereas since the Kingdom of Belgium, the Kingdom second share, to the extent that the reserve is of the Netherlands and the Grand Duchy of sufficient, equal to 10 % of its initial share, rounded Luxembourg, are jointly represented by the Benelux up where necessary to the next unit. Economic Union any measure concerning the 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 extent that the reserve is sufficient, equal to 5 % of HAS ADOPTED THIS REGULATION : 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.

This process shall apply by analogy until the reserve 2. Within the limits of this tariff quota, the new is used up . Member States shall apply the duties calculated in accordance with the relevant provisions of the Act of Accession f 1 ). 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 . They shall inform the Commission of their reasons 1 . A first tranche of 1 990 metric tons of this tariff 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.

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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. The Member States shall regularly inform the It shall inform the Member States, not later than 15 Commission of imports actually charged against their October 1974, of the amount held in reserve after shares . amounts have been returned thereto pursuant to 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 1974 . pursuant to Article 3 are opened in such a way that

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