31976R3010

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 an allocation between the Member States concerned, for that product, of annual Community tariff quotas 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 ; 0-20 Benelux whereas it is desirable at the present time to avoid Denmark 0-20 final measures that could lead to the halting of action 8-31 Germany 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,

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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 1 . A first tranche of 2 525 metric tons of this subsequent requirements of Member States who have 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 2 . The second tranche of 1 275 metric tons shall requires close collaboration between Member States constitute the reserve . 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 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 2. If, after its initial share has been used up, 90 % concerning the administration of the shares allocated or more of the second share drawn by a Member State to that economic union may be carried out by any 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 4. By way of derogation from paragraphs 1 , 2 and quota of 3 800 metric tons. 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 .

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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 3. The extent to which a Member State has used up than 1 October 1 977, of the total quantities of the raw 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. Member States and the Commission shall cooperate It shall inform the Member States, not later than 5 closely to ensure that this Regulation is complied October 1977, of the amount still in reserve after 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