31975R2883

12. 11 . 75 Official Journal of the European Communities No L 292/ 19

REGULATION (EEC) Np 2883/75 OF THE COUNCIL

of 29 October 1975

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 (1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , in question until the quota is used up ; whereas a system of utilization of the Community tariff quota, based on an allocation between the Member States concerned, would, in the light of the principles Having regard to the Treaty establishing the outlined above, appear consistent with the Com­ European Economic Community, and in particular munity nature of the quota ; Article 28 thereof;

Whereas, in view of these factors, the initial Having regard to the draft Regulation submitted by percentage shares in the quota volume for 1976 can the Commission ; be expressed approximately as follows :

Benelux 0-25 "Whereas, in accordance with the resolution passed at its meeting from 29 to 31 May 1967, the Council, Denmark 0-25 by its Regulation (EEC) No 321/70 (*), reintroduced, Germany 10-50 until 31 December 1976, the 10% autonomous duty of the Common Customs Tariff for raw silk (not France 37-50 thrown), falling within heading No 50.02; whereas Ireland 0-25 the conventional duty for that product is 5% ; Italy 45-00 United Kingdom 6-25 ; Whereas the aforementioned resolution further provides for the opening, in respect of that period and for that product, of annual Community tariff Whereas, to take account of future trends in imports quotas exempt from customs duties ; whereas the of the product in question, the quota should be amount of those quotas should correspond to the divided into two tranches, the first being allocated difference between the total consumption of raw silk and the second to form a reserve intended to cover and the amount produced in the Community; any subsequent requirements of Member States who have used up their initial shares ; whereas, in order to ensure a certain degree of security for importers, Whereas raw silk is produced in the Community the first tranche of the Community tariff quota and whereas it is in the Community's interest to should in this case be fixed at 80% of the total quota; maintain this production on its territory; whereas that production can be estimated at 350 metric tons for 1976; whereas, taking account of this production Whereas the initial shares may be used up at different and of the forecasts for 1976, the imports needed rates ; whereas, to - provide for this eventuality and to satisfy consumption within the Community can to avoid disruption of supplies, any Member State be estimated at 2 500 metric tons ; which has almost used up its initial share should draw an additional share from the reserve; whereas this should be done by each Member State when Whereas equal and continuous access to the quota each of its additional shares has been almost used should be ensured for all Community importers and up, and so on as many times as the reserve allows ; the rate laid down for the tariff quota should be whereas the initial and additional shares should be applied consistently to all imports of the product valid until the end of the quota period ; whereas this form of administration requires close collabor­ ation between Member States and the Commission, (^ OJ No L 43 , 24. 2. 1970, p. 2. which latter must, in particular, be able to keep

No L 292/20 Official Journal of the European Communities 12.11.75

a record of the extent to which the quota has been Article 3 used up and to inform the Member States accordingly ; 1 . If 90% or more of a Member State's initial share as fixed in Article 2 ( 1 ), or of that share minus any Whereas if, at a given date in the quota period, portion returned to the reserve where Article 5 has a considerable quantity is left over in a Member been applied, has been used up, that Member State State, it is essential that that Member State should shall forthwith, by notifying the Commission, draw return a significant proportion to the reserve, so as a second share, to the extent that the reserve so to avoid a part of the quota remaining unused in permits, equal to 10% of its initial share, rounded one Member State when it could be used in others ; up as necessary to the next whole number.

Whereas, since the Kingdom of Belgium, the 2. If, after its initial share has been used up, 90% Kingdom of the Netherlands and the Grand Duchy or more of the second share drawn by a Member of Luxembourg, are united within and jointly State has been used up, that Member State shall represented by the Benelux Economic Union, any forthwith, in the manner and to the extent provided measure concerning the administration of the shares in paragraph 1 , draw a third share equal to 5% of allocated to that Economic Union may be carried its initial share. out by any one of its members,

3 . If, after its second share has been used up, 90% or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used up, that Member State shall forthwith, in accordance with the same conditions, draw a fourth share equal to the third. Article 1 This procedure shall apply until the reserve is used up . 1 . From 1 January to 31 December 1976, the autonomous duty of the Common Customs Tariff for raw silk (not thrown), falling within heading 4. By way of derogation from paragraphs 1 , 2 and No 50.02, shall be totally suspended within a Com­ 3 , Member States may draw lesser shares than those munity tariff quota of 2 500 metric tons. specified therein if there are grounds for believing that those specified may not be used in full. They shall inform the Commission of their reasons for 2. Within this tariff quota, the new Member States shall apply duties calculated in accordance with the applying this paragraph. relevant provisions of the Act of Accession.

Article4¶

1 . A first tranche of 2 000 metric tons of this Com­ Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976. munity tariff quota shall be allocated among the Member States. Member States' shares, which, subject to Article 5, shall be valid until 31 December 1976, shall be as follows : Article 5

xn metric tons Member States shall return to the reserve, not later Benelux 5 than 1 October 1976, the unused portions of their Denmark 5 initial shares which, on 15 September 1976, are in excess of 20% of the initial amounts. They may Germany 210 return a greater portion if there are grounds for France 750 believing that such portion may not be used up. Ireland 5 Italy 900 Member States shall notify the Commission, not later than 1 October 1976, of the total quantities of the United Kingdom 125 . raw silk imported up to and including 15 September 1976 and charged against the Community quota and 2. The second tranche of 500 metric tons shall of any portion of their initial shares returned to constitute the reserve. the reserve.

12 . 11 . 75 Official Journal of the European Communities No L 292/21

Article 6 2. Member States shall ensure that importers of the product in question established in their territory have free access to the shares allocated to them. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 3 . The extent to which a Member State has used 2 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve up its share shall be determined' on the basis of the has been used up. imports of the product in question entered with the customs authorities for home use. It shall inform the Member States, not later than 5 October 1976, of the amount still in reserve after Article 8 amounts have been returned thereto pursuant to Article 5 . At the Commission's request, Member States shall inform it of the imports actually charged against It shall ensure that the drawing which exhausts the their shares . reserve does not exceed the balance available and to this end, shall notify the amount of that balance Article 9 to the Member State making the last drawing.

Member States and the Commission shall cooperate Article 7 closely to ensure that this Regulation is complied with. 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 10 Article 3 are opened in such a way that imports may be charged without interruption against their This Regulation shall enter into force on 1 aggregate shares of the Community quota. January 1976.

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

Done at Luxembourg, 29 October 1975 .

For the Council

The President

G. MARCORA