31987R4094

31 . 12 . 87 Official Journal of the European Communities No L 383 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 4094 / 87

of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for raw silk (not thrown), falling within code 5002 00 00 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas , with effect from the abovementioned date , the combined nomenclature and , where appropriate , the TARIC code numbers , should be used for the description of the Having regard to the Treaty establishing the European products covered by this Regulation ; Economic Community , and in particular Article 28 thereof,

Whereas equal and continuous access to the quota should be Having regard to the proposal from the Commission , ensured for all Community importers and the rate laid down for the quota should be applied consistently to all imports of the product in question until the quota is used up ; whereas a Whereas Community production of raw silk ( not thrown), system of utilization of the Community tariff quota based on falling within code 5002 00 00 of the combined an allocation among the Member State concerned would in nomenclature does not cover the needs for the user the light of the principles outlined above appear consistent industries ; whereas the supply of the latter therefore depends with the Community nature of the quota ; to a great extent on imports from non-member countries ; whereas it is in the interests of the Community to suspend totally the Common Customs Tariff duty on the product in Whereas in view of these factors the initial percentage shares question , within the limits of an appropriate Community of the quota volume for 1988 can be expressed tariff quota ; approximately as follows :

Whereas it is desirable at the present time to avoid permanent Germany 2,45 measures which could lead to the halting of action taken in Greece 0,04 the sector over a number of years to increase Community France 8,64 production ; whereas accordingly it is advisable to extend the Italy 86,42 tariff arrangements in force in 1987 ; United Kingdom 2,45

Whereas Community production does not appear to have Whereas , to allow for import trends for the product in changed considerably when compared with 1987 ; whereas , question in the various Member States the quota should be taking account of this production and of the forecasts for divided into two parts , the first being distributed among the 1988 , the imports needed to satisfy consumption within the Member States which are traditional importers and the Community can be estimated at 8 500 tonnes ; whereas second to form a reserve intended to cover any subsequent setting the quota volume at this level does not preclude an requirements of these Member States as well as those adjustment within the quota period ; whereas , therefore , the Member States which do not participate in the initial tariff quota in question should be opened on 1 January 1988 allocation ; whereas in order to ensure a certain degreee of and allocated among Member States ; security for importers of each Member State , the first part of the quota should in this case be set at about 80 % of the total Whereas the Community has adopted , with effect from 1 quota volume ; January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Tariff and the nomenclature of goods for the external trade statistics of Whereas the initial shares may be used at different rates ; the Community and statistics of trade between Member whereas , therefore , to avoid any break in the continuity of States ; whereas in order to accomodate specific Community supplies , any Member State which has almost used up its measures , this nomenclature has been expanded into an initial share should draw a supplementary share from the integrated tariff of the European Communities ( TARIC ); reserve ; whereas this must be done by each Member State as

No L 383 / 2 Official Journal of the European Communities 31 . 12 . 87

each of its supplementary shares is almost used up , and as Whereas , since the Kingdom of Belgium , the Kingdom of the many times as the reserve allows ; whereas the initial and Netherlands and the Grand Duchy of Luxembourg are united supplementary shares must be valid until the end of the quota within and jointly represented by the Benelux Economic period ; whereas this form of administration requires close Union , any measure concerning the administration of the cooperation between the Member States and the quota shares allocated to that economic union may be carried Commission , and the latter must be able to monitor the out by any one of its members , extent to which the quota volume has been used up and inform the Member States accordingly ; HAS ADOPTED THIS REGULATION :

Whereas if at a given date in the quota period a considerable Article 1 quantity of the initial share is left over in a Member State , it is essential that the Member State concerned should return a 1 . From 1 January to 31 December 1988 , the customs significant percentage thereof to the reserve so as to avoid a duty applicable to imports of the following products shall be part of the Community tariff quota remaining unused in one suspended at the level indicated and within the limits of a Member State when it could be used in others ; Community tariff quota as shown herewith :

Order No CN code Quota volume Rate of duty Description ( in tonnes ) ( % )

09.2703 5002 00 00 Raw silk , ( not thrown ) 8 500 0

2 . Within the limits of the tariff quota referred to in returned to the reserve where Article 5 is applied , has been paragraph 1 , the Kingdom of Spain and the Portuguese used up , that Member State shall forthwith , by notifying the Republic shall apply duties calculated in accordance with the Commission and to the extent permitted by the amount of the relevant provisions of the 1985 Act of Accession . reserve , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next whole number .

Article 2 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 1 . The first part of the Community tariff quota , up , that Member State shall forthwith , using the procedure amounting to 6 943 tonnes , shall be allocated among certain set out in paragraph 1 , draw a third share equal to 5 % of its Member States . Member States' shares shall , subject to initial share . Article 5 , be valid until 31 December 1988 and shall be as follows : 3 . If, after its second share has been used up , 90% or (tonnes) more of the third share drawn by a Member State has been Germany 170 used up , that Member State shall forthwith , using the same Greece 3 procedure , draw a fourth share equal to the third . France 600 Italy 6 000 United Kingdom 170 This process shall continue to apply until the reserve is used up . 2 . The second part of 1 557 tonnes shall constitute the reserve . 4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lower shares than those specified in 3 . If an importer notifies an imminent importation of the those paragraphs if there are grounds for believing that those product in question into a Member State not participating in specified may not be used up . They shall inform the the initial allocation and applies to use the quota , the Commission of their reasons for applying this paragraph . Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the reserve so permits .

Article4¶

1 . If 90% or more of a Member State's initial share as Supplementary shares drawn pursuant to Article 3 shall be specified in Article 2 ( 1 ), or of that share less the portion valid until 31 December 1988 .

No L 383 / 3 31 . 12 . 87 Official journal of the European Communities

Article 5 Article 3 are carried out in such a way that imports may be charged without interruption against their accummulated shares of the Community quota . Member States shall return to the reserve , not later than 1 October 1988 , the unused portion of their initial share which , on 15 September 1988 , is in excess of 30% of the 2 . Member States shall ensure that importers of the initial amount . They may return a larger quantity if there are product in question have free access to the shares allocated to grounds for believing that it might not be used in full . them .

Member States shall notify the Commission , not later than 1 3 . Member States shall charge imports of the product in October 1988 , of the total quantities of raw silk imported up question against their shares as and when the product is to and including 15 September 1988 and charged against the entered with the customs authorities for free circulation . Community quota and of any portion of their initial share returned to the reserve . 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and, 3 and shall , Article 8 as soon as it has been notified , inform each State of the extent to which the reserve has been used up . At the Commission's request , Member States shall inform it of the imports actually charged against their quota shares . It shall inform the Member States , not later than 5 October 1988 , of the amount still in the reserve following any return of shares pursuant to Article 5 .

Article 9 It shall ensure that the drawing which exhausts the reserve is limited to the balance available and to this end shall specify the amount of that balance to the Member State making the Member States and the Commission shall cooperate closely last drawing . to ensure that this Regulation is complied with .

Article 7 Article 10 1 . Member States shall take all appropriate measures to ensure that supplementary drawings of shares pursuant to This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 22 December 1987 .

For the Council The President N. WILHJELM