31977R2748

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 rates ; whereas, to provide for this eventuality and to 1977 ; 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 tional shares has been almost used up, and so on as 1977 ; whereas, taking account of this production and 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 the quota period ; whereas this form of administration at 4 400 tonnes ; whereas the fixing of the quota requires close collaboration between Member States amount at this level does not preclude an adjustment and the Commission , which latter must, in particular, within the quota period ; be able to keep a record of the extent to which the quota has been used up and to inform the Member States accordingly ; Whereas equal and continuous access to the quota 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 ;

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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 return a greater portion if there are grounds for nity tariff quota shall be allocated among the Member 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 2 000 200 United Kingdom 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 Article 5 . portion returned to the reserve where Article 5 has been applied , has been used up, that Member State It shall ensure that the drawing which exhausts the shall forthwith , by notifying the Commission , draw a reserve does not exceed the balance available, and to second share , to the extent that the reserve so permits , this end shall notify the amount of that balance to the equal to 10 % of its initial share , rounded up as neces­ Member State making the last drawing. sary to the next whole number.

2. If, after its initial share has been used up, 90 % Article 7 or more of the second share drawn by a Member State 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 measures to ensure that additional shares drawn graph 1 , draw a third share equal to 5 % of its initial 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 .

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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 .

Article8¶

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