31974R2418

27. 9. 74 Official Journal of the European Communities No L 261 / 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2418 /74 OF THE COUNCIL of 23 September 1974 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 for 1975

THE COUNCIL OF THE EUROPEAN light of the principles outlined above appear COMMUNITIES , consistent with the Community nature of the quota ;

Having regard to the Treaty establishing the European Whereas in view of these factors the initial percentage Economic Community, and in particular Article 28 thereof ; shares in the quota volume can for 1975 be expressed approximately as follows : Having regard to the draft Regulation submitted by Benelux 0-25 the Commission ; Denmark 0-25 Germany 10-50 Whereas, in accordance with the resolution passed at France 37-50 its meeting of 29 to 31 May 1967, the Council , by its Ireland 0-25 Regulation (EEC) No 321 /70 ('), reintroduced until 31 Italy 45-00 December 1976 the 10 % autonomous duty of the United Kingdom 6-25 Common Customs Tariff for raw silk (not thrown) falling within heading No 50.02 ; whereas the conven­ tional duty for that product is 5 % ; Whereas, to take account of future import trends for the product under consideration, the total quota Whereas the resolution aforesaid further provides for volume should be divided into two successive the opening, in respect of that period and for that amounts to give importers some degree of certainty, product, of annual Community tariff quotas exempt the first being allocated and the second held as a from customs duties ; whereas the amount of those reserve to cover at a later date the requirements of quotas should correspond to the. difference between Member States who have used up their initial share ; the total consumption of raw silk and the amount whereas to give importers some degree of certainty the produced in the Community ; first successive amount of the Community tariff quota should in the event be fixed at 80 % of the total Whereas raw silk is produced in the Community and quota ; whereas it is in the Community's interest to maintain this production on its territory ; whereas that produc­ tion can be estimated at 200 metric tons for 1975 ; Whereas the initial shares may be used up more or whereas taking account of this production and of the less quickly ; whereas, therefore, to avoid disruption of forecasts for 1975, the imports needed to satisfy supplies any Member State which has almost used up consumption within the Community can be estimated its initial share, must draw a supplementary share at 2 500 metric tons ; from the reserve ; whereas this must be done by each Member State as each one of its supplementary shares Whereas equal and continuous access to the quota is almost used up and as many times as the reserve should be ensured for all Community importers and allows ; whereas the initial and supplementary shares the rate of levy for the tariff quota should be applied must be valid until the end of the quota period ; consistently to all imports of the product in question whereas this form of administration requires close until the quota is used up ; whereas utilization of the collaboration between the Member States and the Community tariff quota based on an allocation Commission, and the Commission must be in a posi­ between the Member States concerned would in the tion to follow the extent to which the quota volume has been used up and inform the Member States (') OJ No L 43 , 24 . 2 . 1970, p. 2. thereof ;

No L 261 /2 Official Journal of the European Communities 27. 9 . 74

Whereas if, at a given date in the quota period, a delay, under the conditions laid down in paragraph 1 , considerable quantity is left over in a Member State, it draw a third share equal to 5 % of its initial share . is essential that such State should return a substantial 3 . If, after its second share has been used up, 90 % proportion to the reserve, to prevent part of the total or more of the third share drawn by a Member State quota from remaining unused in one Member State while it could be used in others ; has been used up, that Member State shall without delay, under the same conditions, draw a fourth share Whereas since the Kingdom of Belgium, the equal to the third . Kingdom of the Netherlands and the Grand Duchy of This process shall apply until the reserve is used up. Luxembourg, are jointly represented by the Benelux Economic Union any measure concerning the admin­ 4. By way of derogation from paragraphs 1 , 2 and istration of the quota-shares allocated to that 3, the Member States may draw shares lower than Economic Union may be carried out by one of its those fixed in those paragraphs if there are grounds members, for considering that those fixed may not be used up. They shall inform the Commission of their reasons for applying this paragraph . HAS ADOPTED THIS REGULATION : Article 4 Article 1 Supplementary shares drawn pursuant to Article 3 1 . From 1 January to 31 December 1975 the auton­ shall be valid until 31 December 1975 . omous duty of the Common Customs Tariff for raw silk (not thrown), falling within heading No 50.02 Article 5 shall be totally suspended in respect of a Community tariff quota of 2 500 metric tons . A Member State which on 15 September 1975 has not used up its initial share shall return to the reserve not 2. Within the limits of this tariff quota, the new later than 10 October 1975 the unused portion Member States shall apply the duties calculated in exceeding 30 % of the initial amount. It may return a accordance with the relevant provisions of the Act of greater portion if there are grounds for considering Accession . that it may not be used up .

The Member States shall , not later than 10 October Article 2 1975 notify to the Commission the total quantities of 1 . A first successive amount of 2 000 metric tons of the raw silk imported up to and including 15 this tariff quota shall be allocated among the Member September 1975 and charged against the Community tariff quota and any quantities of the initial share States ; shares shall, subject to Article 5, be valid until returned to the reserve . 31 December 1975 and shall be as follows : Benelux 5 metric tons Article 6 Denmark 5 metric tons Germany 210 metric tons The Commission shall keep an account of the shares France 750 metric tons opened by the Member States pursuant to Articles 2 Ireland 5 metric tons and 3 and shall , as soon as it has been notified , inform Italy 900 metric tons each State of the extent to which the reserve has been United Kingdom 1 25 metric tons used up . 2 . The second successive amount, of 500 metric It shall inform the Member States , not later than 1 5 tons , shall be held in reserve . October 1975 , of the amount held in reserve after amounts have been returned thereto pursuant to Arti­ Article 3 cle 5 .

1 . If 90 % or more of a Member State 's initial share It shall ensure that the drawing which finally uses up the reserve is limited to the balance available and to specified in Article 2 ( 1 ) or of that share minus the portion returned to the reserve where Article 5 is this end shall specify the amount thereof to the applied, has been used up, that Member State shall Member State making the last drawing. without delay, by notifying the Commission , draw a second share, to the extent that the reserve is suffi­ A rticle 7 cient, equal to 10 % of its initial share , rounded up where necessary to the next unit . 1 . The Member States shall take all appropriate measures to ensure that supplementary shares drawn 2. If, after its initial share has been used up, 90 % pursuant to Article 3 are opened in such a way that or more of the second share drawn by a Member State charges may be made, without interruption , against has been used up , that Member State shall without their cumulative shares of the Community quota.

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2. Each Member State shall ensure that importers Article 9 of the said product established in its territory have free access to the shares allocated to it. The Member States and the Commission shall coop­ 3 . The extent to which a Member State has used up erate closely to ensure that this Regulation is observed . its share shall be determined on the basis of quantities of the imports in question entered for home use.

Article8¶

The Member States shall regularly inform the Commission of imports actually charged against their This Regulation shall enter into force on 1 January shares . 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 23 September 1974.

For the Council

The President

Ch . PONCELET