CELEX: 51987PC0627
Language: en
Date: 1987-12-04
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for raw silk (not thrown) falling within code ex 5002 00 00 of the Combined Nomenclature#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn entirely of silk other than yarn of noil or other waste silk not put up for retail sale, falling within code ex 5004 00 10 and ex 5004 00 90 of the Combined Nomenclature#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn spun entirely from waste silk other than noil, not put up for retail sale, falling within codes ex 5005 00 10 and ex 50005 00 90 of the Combined Nomenclature#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 627
Vol. 1987/0299
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
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2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                 COM(87 ) 627 final
                                                                 Brus se Is , 4 December 1987
                                        Proposal for a
                               COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community
          tariff quota for raw silk ( not thrown ) falling within code
                   ex 5002 00 00 of the Combined Nomenclature
                                        Proposal for a
                               COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community
     tariff quota for yarn entirely of silk other than yarn of noil or
         other waste
                  waste silk  not put
                        silknot,          up for
                                     put up       for retail sale, falling
                                                  for retail sale
                                                                          falling within
                  codes ex 5004 00 10Jand ex 5004 00 90 of the
                             5004 00 10 and          ex 5004 00 90 of the
                               ^^Combined
                                  combined N*     Nomenclature
                                                       Nomenclature
                                  \ f.> V» -» - ,
                                         Proposall for a
                               to onon \^
                              COUNCIL
                               COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community
    tariff quota for yarn spun entirely from waste silk other than noil ,
        not put up for retail sale , falling within codes ex 5005 00 10
                 and ex 5005 00 90 of the Combined Nomenclature
                           ( submitted by the Commission )
C0M(87 ) 627 final
 ---pagebreak---                       FXPLAJ IATORY MEMORANDUM
   'I’tie aim of the meuorandum is Lo orciient: to the OounciL proposal
   Regulations owning , a L Locating and providing for the
   administration of unilateral tariff quotas for 1983 for raw silk
    ( not thrown ) , yarn entirely of silk and yarn spun entirely from
   silk waste fallinq within codes 5002 00 00, ex 5004 00 10 ,
   ex 5004 00 90 , ex 5005 00 10 and ex 5005 00 90 of the Combined
   Nomenclature .
2. These matters were examined at a meeting of the Fconomic Tariff
   Problems Group held on 7 and 8 May 1987 . It eiierged from this
   meeting that for raw silk the estimates of the Member States and
   the levels of imports from non-ore ferential non-Gannun ity
   countries in recent years indicated a total import demand of 7
   700 tonnes . This figure has thus been adopted as the initial
   quota volume in the appended draft Regulation , although further
   adjustments could be made to cover any additional needs .
   As regards yarn entirely of silk or yarn spun fra.i silk waste ,
   the lack of previous data has meant that quotas have had to be
   based on the Member States’ estimated import needs .      For 1988 ,
   these requirements amount to a total of 200 tonnes for yarn
   entirely of silk and 900 tonnes for yarn spun entirely fra.i silk
   waste , and these figures have been adopted as the quota volume
   in the appended draft Regulations .
   As for tariff duties , the Comnission has no information to
   justify any change in the duties adopted for 1987 for silk yarn ,
   i.e. 2.5 % . However , it is proposed that raw silk and yarn spun
   frai waste silk be free of duty in 1988 , as previously.
 ---pagebreak---                                                       Proposai for a
                                       COUNCIL REGULATION (EEC) No
                                                      of
                     opening, allocating and providing for the administration of a Community tariff
                     quota for raw silk (not thrown), falling within code 5Gu2 Uu UU cf the
                        Combined Nomenclature ( 1988)
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article 28
   thereof,
   Having regard to the proposal Regulation prresented by the
   Commission,
   Whereas Community production of raw silk (not thrown),
   falling within code 5002 00 00 of the Cocrbined Nomenclature
          does not cover the needs for the user industries ;
   whereas the supply of the latter therefore depends 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 question, within the limits of an appropriate
   Community tariff quota ;
   Whereas it is desirable at the present time to avoid permanent
   measures which could lead to the halting of action taken
   in the sector over a number of years to increase Commu¬
   nity production ; whereas accordingly                  it is
   advisable to extend the tariff **       in force in 1987;
   Whereas Community production does not appear to have
   changed considerably when compared with 1 986 ;
   whereas, taking account of this production and of the
   forecasts for 1 983>the imports needed to satisfy consump¬
   tion within the Community can be estimated at 7 700
   tonnes ; whereas setting         the quota voliiiv? at this
   level does not preclude an adjustment within the quota
   period ; whereas, therefore, the tariff quota in question
   should be opened on 1 January 1983 and allocated
   among Member States ;
Whereas the Community has adopted, with effect from 1 January 1988, a Combined Nomenclature
for goods which meets the requirements of the Cownon Customs Tariff and the Nomenclature of
Goods for the External Trade Statistics of the Community and Statistics of Trade between
Member States; whereas in order to accommodate specific Community measures, this
Nomenclature has been expanded into an integrated tariff of the European Communities
( TARIC); whereas with effect from the date given above, the Combined Nomenclature and, where
appropriate, the TARIC code numbers, should be used for the description of the products
covered by this Regulation;
 ---pagebreak---                                                        2
 Whereas equal and continuous access to the quota should
 be 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 system of utilization of the Commu ¬
 nity tariff quota based on an allocation among           the
 Member State concerned would in the light of the prin¬
 ciples outlined above appear consistent with the Commu¬
 nity nature of the quota ;
  Whereas in view of these factors the initial percentage
  shares of the quota volume for 198g can be expressed
  approximately as follows :
          Germany                             2.76
          France                              9.74
          Italy                              84.74
          United Kingdom                      2.76
  Whereas, to allow for import trends for
  the product in question in the various Member States the
  quota should be divided into two pares,-            the first
  being distributed among the Member States whicn are traditional importers
                         and the second to form a reserve
  intended to cover anv subsequent requirements of these
  Member States as well as those rternber States whici . do not
  participate in the initial allocation : whereas in order ,
  to ensure a certain degree of security for importers of each
  Member State, the first port of,n<should in this case be      **the quota
  Set    at about SO % of the total quota volliiie.;
  Whereas the initial shares may be used at_different rates ;       _
  whereas, therefore, to avoid any break/>f supplies, any          / in the continuity
  Member State which has almost used up its initial share        –
  should draw a supplementary share from the reserve ;
  whereas this must be done by each Member State as each
  of its supplementary shares is almost used up, and as
  many times as the reserve allows ; whereas the initial and
  supplementary shares must be valid until the end of the
  quota period ; whereas this form of administration
  requires close cooperation between the Member States
  and the Commission, and the latter             must be able
to monitor            the extent to which the ajota volume has
  been used up and inform the Member States accordingly ;
 ---pagebreak---                                                              3
        State it is essential that tne Member State/IiTould return a      / concernée!
        significant percentage thereof to the rese^e so as to avoid
       a part of the Community tariff quota remaining unused in
   one Member State when it could be used in others •
  Whereas, since the Kingdom of Belgium, the Kingdom of
  the Netherlands and the Grand Duchy of Luxembourg
  are united within and jointly represented by the Benelux
  Economic Uniorij any measure concerning the adminis¬
  tration of the/ shares allocated to that economic union             /quota
  may be carried out by any one of its members,                      –
        HAS ADOPTED THIS REGULATION :
                                    Article 1
       1 . From 1 January to 31 December 1988,. the customs duty applicable
      to imports of               –the following productsshall be
      suspended at the level/and within the limitsof a Commu¬                / indicated
      nity tariff quota as shown herewith :
               Combined                                                Quota
 Order No                                      Description                               Rate of duty
              Nomenc la-                                               x /olinip
                                                                                             ( %)
              ture coce                                                   (in tonnes)
              r 'V v">   ^ ·.
09.2703       JVU<L UO uu      Raw silk, (not thrown)                        7 700            0
  2.       Within the limits of the tariff quota referred to in
  paragraph 1 , Spain and Portugal shall apply duties calcu¬
  lated in accordance with the relevant provisions of the
  Act of Accession of Spain and Portugal.
                                 Article 2
   1 . Tne first part of the                               Commu-                 _
  nity tariff quota/ shall be allocated among certain Member                   _/, amounting to 6 160 tonnes.
  States. Member”States’ shares shall, subject to Article 5,           _
            be valid until 31 December 198G/ shall be as              /and
  follows :
                                 (tonnes )
  Germany                            170
  France                             600
  Italy                            5 720
  Uhited Kingdom                     170
 ---pagebreak---                                                          4
 2.      The second part of 1 540         tonnes shall constitute
 the reserve .
 3. If an importer notifies an imminent importation of the prockjct
 in question into a Member State not participating in the initial allocation
 and applies to use the quota, the Member State concerned shall inform the
 Commission and draw an amount corresponding to its reepi rements to
 the extent that the available balance of the reserve so permits .
                              Article 3
1.      If 90 % or more of a Member State’s initial share as
specified in Article 2 ( 1 ), or of that share less          the
portion returned to the reserve where Article 5 is applied,
has been used up, that Member State shall forthwith, by
notifying the Commission/ draw a second share equal to              /and to the extent permitted by the
10 % of its initial share~rounded up where necessary to            –    amccnt of the reserve,
the next whole number .
    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 up, that Member State shall forthwith , using
     the procedure                 set out in paragraph 1 , draw a
    third share equal to 5 % of its initial share.
    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 , using
                   the same procedure/haw a fourth share equal
    to the third .
    This process shall continue to apply until the reserve is
    used up.
    4. By way of derogation from paragraphs 1 , 2 and 3,
    Member States may draw lower shares than those speci ¬
    fied ii'i ** if there are grounds for believing that those         **those paragraphs
    specified may not be used up. They shall inform the
    Commission of their reasons for applying this paragraph .
                                Article 4
    Supplementary shares drawn pursuant to Article 3 shall
    be valid until 31 December 1983 .
 ---pagebreak---                                                       5
                           Article S
 Member States shall return to the reserve, not later than 1
 October 1988, the unused portion of their intial share
 which, on 15 September 1988, is in excess of 30 % of the
 initial amount. They may return a larger quantity if there
 are grounds for believing that it              might not be
 used "in full .
 Member States shall notify the Commission, not later
 than 1 October 1988 , of the total quantities of raw silk
 imported up to and including 15 September 1988 and
 charged against the Community quota and of any portion
 of their initial share returned to the reserve.
                           Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall, as soon as it has been notified, inform each
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5
October 198brof the amount still in the reserve following
any return of shares pursuant to Article 5 .
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 ** to the Member State             **that balance
making the last drawing.
                           Article 7
1.      Member States shall take all appropriate measures to
ensure that supplementary drawings of "'’''pursuant to         **shares
Article 3 are *x        in such a way that imports may be               **carried out
charged without interruption against their accumulated
shares of the Community quota.
2. Member States shall ensure that importers of the
product in question have free access to the shares allo¬
cated to them.
 3. Member States shall charge imports of the product
 in question against their shares as and when the product
 is entered with the customs authorities for free circula¬
 tion .
 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 8
At the Commission’s request. Member States shall inform
 it of the imports actually charged against their O^JOta sliares .
                           Article 9
 Member States and the Commission shall cooperate
 closely to ensure that this Regulation is complied with.
 ---pagebreak---                                                   6
                                                                       Artide IO
                                               This Regulation shall enter into force on 1 January 198 3 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                         For the Council
                                                           The President
 ---pagebreak---                                                    Proposai for a
                                        COUNCIL REGULATION (EEC) No
                                                      of
                  opening, allocating and providing for the administration of a Community tariff
                  quota for yarn entirely of silk other than yam of noil or other waste silk , not
                  put up for retail sale, falling within codes ex 5004 00 10 end ex 5004 00 90
                   of the Cabined Nomenclature
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
 Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28
thereof,
Having regard to the proposal Regulation presented by the
Commission,
Whereas silk yam is produced in the Community ;
whereas, although from the stanc^xoint of overall volune
production might match the total of Canmimity requirements,
this does not apply with regard to yam entirely spun from
silk ; whereas there is, as a result, an insufficient supply in
the Community ;
Whereas, consequently, Community supplies of the latter
qualities of yarn depend to a considerable extent on
imports ; whereas full application of the Common
Customs Tariff duty would result in those products being
subjected to a considerable customs charge while products
manufactured from silk yam face powerful competition
from similar products manufactured from other material ;
whereas an insufficient supply, added to competition at
finished product level, might have adverse effects on the
Community’s processing industries ;
Whereas the customs                         duty applicable to
imports of the silk yarn in question in 1988 is 4,9% ;
whereas, when        ** the quota duty, it is appropriate to    **establishing
take into account, on the one hand, the situation of the
Community silk yarn producing industry and, on the
other,           the silk yam processing industries with             **the need to provide
                  supplies on favourable terms ; whereas a
quota duty of 2,5 % could best meet the above TriCYit i 0O3C1
requirements ;
Whereas the trends in imports during recent years suggest
that the import requirements for the yarns in question
might be in the region of 200 tonnes for 1988 ; whereas
the opening of a Community tariff quota of that volume
is unlikely to harm Community production ; whereas,
therefore,the tariff quota in question should be opened on
1 January 1988 and allocated among Member States ;
 ---pagebreak---                                                             2
     Whereas the Community has adopted, with effect from 1 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 the Community and Statistics of Trade between
     Member States; whereas in order to accommodate specific Community measures, this
     Nomenclature has been expanded into an integrated tariff of the European Communities
     ( TARIC ); whereas with effect from the date given above, the Combined Nomenclature and, where
     appropriate, the TARIC code nutters, should be used for the description of the products
     covered by this Regulation;
     Whereas equal and continuous access to the quota should
     be ensured I'OI all importers and the rate laid down lor the
              quota should be applied consistently to all imports
        of the product in question until the quota is used up ;
        whereas a system of utilization of the Community tariff
        quota based on an allocation aitonq the Member States
        concerned would, in the light of the principles outlined
        above, appear consistent with the Community nature of
        the quota ;
        Whereas, in view of these factors and of the forecasts
        which it is possible to make, the initial percentage shares
      of the quota volume can be expressed approximately as
        follows :
                Germany              7.52
                France
                                     7.52
                Italy              81.20
                United Kingdom       3.76
        Whereas, to all Low for 'iiiport trends for
        the product in question in the various Member States, the
        quota should be divided into two parts,            the first
        being distributed among the Member States which are traditional
         inporters             and the second to form a reserve
        intended to cover any subsequent requirements of these
        Member States as
        well as those of the      Member States which do not participate in the initial allocation; whereas in
 order to ensure a certain degree of security for importers of each
        Member State, the first part OT'-'should in this case be     **the CfJOta
set at 66,5 % of the total quota volute .
 ---pagebreak---                                                          3
      Whereas the initial shares may be used up at different
      rates ; whereas, therefore, to avoid any break in the continuity of supplies,
      any Member State which has almost used up its initial
      share should draw a supplementary share from the
      reserve ; whereas this must be done by each Member State
      as each one of its supplementary shares is almost used up,
      and as many times as the reserve allows ; whereas the
      initial and supplementary shares must be valid until the
      end of the quota period ; whereas this form of administra¬
      tion requires close cooperation between the Member
      States and the Commission , and the latter           must be
       able to monitor        the extent to which the quota volume
     has been used up and inform the Member States accor¬
     dingly ;
     Whereas if at a given date in the quota period a consid¬
     erable quantity of the initial share is left over in a
     Member State, it is essential that the Member State concerned
     should return a significant percentage thereof to the
     reserve so as to avoid a part of the Community tariff
     quota remaining unused in one Member State when it
     could be used in others ;
     Whereas, since the Kingdom of Belgium, the Kingdom of
     the Netherlands and the Grand Duchy of Luxembourg
    are united within and jointly represented by the Benelux
    Economic Union, any measure concerning the adminis-             _
    tration of the/sKares allocated to that economic union         /quota
    may be carried out by any one of its members,
    HAS ADOPTED THIS REGULATION :
                               Article 1
    1.     From 1 January to 31 December 198^. tnc CUStotiiS ckity applicable
   tu HtjOr^S of                the following productsshal! be         __
    suspended at the leve^md within the limitSof a Commu-            ^/ indicated
    nity tariff quota as shown herewith :
            Icarbined                                                Quota
                                            Description                           Rate of duty
 Order No           La_                                                                ( %)
            I 1l im ΓΓ» ie,
09.2705 ]exi    >UU4UU1l
            Iex5004 n09(
                            Yam, entirely of silk, other than yam
                             of nnil or other waste silk , not           200          2,5
            1
            I                put ip for retail sale
            i
 ---pagebreak---                                                                4
       2.    Within the limits of the tariff quota referred to in
       paragraph 1 , Spain and Portugal shall apply duties calcu ¬
       lated in accordance with the relevant provisions of the
       Act of Accession of Spain and Portugal.
                                    Article 2
       1.   The first part of the Conmunity tariff quota , amounting to
  133 tomes ,, “diall be allocated among the Member States-
the Shares ,, shal ^ subject to Article 5,           be valid until 31  _
      December 1 98_^^shall be as follows :                            /and
                                                      (tonnes)
              Germany                                  10
               France                                  10
               Italy                                 108
              United Kingdom                            5
      2.     The second part             of 67 tonnes shall constitute
      the reserve .
    3 . If an importer notifies an imminent importation of the product in
    question into a Member State not participating in the initial allocation
    and applies to use the quota, the Member State concerned shall inform
    the Commission and draw an amoent corresponding to its requirements
    to the extent that the available balance of the reserve so permits .
                                  Article 3
    1.     If 90 % or more of a Member State’s initial share as
    specified in Article 2 ( 1 ), or of that share Less           the
    portion returned to the reserve where Article 5 is applied,
    has been used up, that Member State shall forthwith , by
    notifying the Commission/ draw a second share equal to               and to the extent permitted by the
    10 % of TtS initial share, rounded up where necessary to                 amount of the reserve,
   the next whole number .
      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 up, that Member State shall forthwith, using
     tne procedure                    set out in paragraph 1 , draw a
      third share equal to 5 % of its initial share .
 ---pagebreak---                                                          5
      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, using
      the same procedure,                draw a fourth share equal
     to the third .
     This process shall continue to apply until the reserve is
     used up.
     4. By way of derogation from paragraphs 1 , 2 and 3,
     Member States may draw lower shares than those speci ¬
     fied            if there are grounds for believing that those   ** in those paragraphs
     specified may not be used up. They shall inform the
     Commission of their reasons for applying this paragraph .
                                 Article 4
     Supplementary shares drawn pursuant to Article 3 shall
     be valid until 31 December 1988.
                                 Article 5
     Member States shall return to tire reserve , not later than I
     October 1988 , the unused portion of their initial share
     which , on 15 September 1988, is in excess of 20 % of the
     initial amount. They may return a larger quantity if there
     are grounds for believing that      1L          might not be
    used in full .
Member States shall notify the Commission , not later
than 1 October 1988 of the total quantities of silk yarn
imported up to and including 15 September 198Sand
charged against the Community quota and of any portion
of their initial share returned to the reserve .
                              Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as it has been notified, inform each
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5
October 1983, of the amount still in the reserve
 -following any return of shares txirsuant to Article
It shall ensure that the drawing which exhausts the
reserve is limited to the balance available and to this end
shall specify the amount **                 the Member State       **of that balance to
making the last drawing .
                              Article 7
1.      Member States shall take all appropriate measures to
ensure that supplementary drawings of shares pursuant to
 ---pagebreak---                                                     6
Article 3 are **       in such a way that imports may he      ** carried out
charged without interruption against their accumulated
shares of the Community quota.
2.     Member States shall ensure that importers of the
product in question have free access to the shares allo¬
cated to them .
3.     Member States shall charge imports of the product
in question against their shares as and when the product
is entered with the customs authorities for free circula¬
tion .
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 8
At the Commission’s request, Member States shall inform      _
it of the imports actually charged against their^shares.    /quota
                          Article 9
Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
This Regulation shall enter into force on 1 January 198(j.
        This Regulation shall be binding in its entirety and directly applicable in all Member
        States .
        Done at Brussels,
                                                                  For the Council
                                                                   The President
 ---pagebreak---                                                 Proposai for a
                                        COUNCIL REGULATION (EEC) No
                                                      of
                     opening, allocating and providing for the administration of a Community tariff
                     quota for yarn spun entirely from waste silk Other than noi l, not put 14} for
                    retail sale, falling within codes ex 50(35 00 10 and ex 5005 00 90 of the
                    Combined Nomenclature
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article 28
   thereof,
   Having regard to the proposal Regulation presented by the
   Commission,
   Whereas yarn spun from waste silk is produced in the
   Community ; whereas, although from the Standpoint of               overall volume production might match
the total of      Community requirements ,
                     this does not apply with regard to yarn
   spun entirely from waste silk ; whereas there is, as a result,
   an insufficient supply in the Community ;
   Whereas, consequently, Community supplies of the latter
   qualities of yarn depend to a considerable extent on
   imports ; whereas full application of the CUStotns
                    duty would result in those products being
   subjected to a considerable customs charge while products
   manufactured from         **     face powerful competition     **yam of waste si Ik
   from similar products manufactured from other material ;
   whereas an insufficient supply, added to competition at
   finished product level, might have adverse effects on the
   Community’s processing industries ;
   Whereas the Common Customs Tariff duty applicable to
   imports of the yam spun from waste silk in question is
   2,9 % ; whereas, when **        the quota duty, it is appro-   **establishing
   priate to take into account, on the one hand, the situation
   of the Community industry producing yam spun from
   waste silk and, on the other,     **  the industries proces-   **the need to provide
   sing yam spun from waste silk with
   supplies on favourable terms ; whereas a zero quota duty
   could best meet the above-tiientioned requi ranents;
   Whereas the trends in imports in recent years suggest that
   Community import requirements for the yams in ques¬
   tion might be in the region of 900 tonnes for l98o ;
   whereas the opening of a Community tariff quota of that
   volume is unlikely to harm Community production ;
   whereas, therefore, the tariff quota in question should be
   opened on 1 January 1983 and allocated among Member
   States ;
 ---pagebreak---                                                            2
     Whereas the Community has adopted, with effect from 1 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 the Community and Statistics of Trade between
     Member States ; whereas in order to accommodate specific Community measures , this
     Nomenclature has been expanded into an integrated tariff of the European Communities
     CTARIC ); whereas with effect from the date given above, the Combined Nomenclature and, where
     appropriate, the TARIC code numbers , should be used for the description of the prodjets
     covered by this Regulation;
     Whereas equal and continuous access to the quota should
     be ensured foi all 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 system of utilization of the Community
      tariff quota based on an allocation among the Member
      States concerned would, in the light of the principles
      outlined above, appear consistent with the Community
      nature of the quota ;
      Whereas, in view of these factors and of the forecasts
      which it is possible to make, the initial percentage shares
      OT the quota volume can be expressed approximately as
      follows :
              Germany                               10.81
              France                                 2.67
              Italy                                 81.04
              United Kingdom                         5.48
      Whereas, to allow for import trends for
      the product in question in the various Member States, the
      quota should be divided into two parts..            the first
      being distributed among the Member States which fre traditional importers
                             and the second to form a reserve
      intended to cover any subsequent requirements of these
      Member States as
      well as those of the     Member States which do not participate in the initial allocation; whereas in
order to ensure a certain degree of security for importers of each
      Member State, the first     part of tne Quota should be set at
      approximately 75 % of the total quota Volciie;
 ---pagebreak---                                                             3
    Whereas the initial shares may be used up at different
    rates ; whereas, therefore, to avoid any break in the continuity of supplies,
    any Member State which has almost used up its initial
    share should draw a supplementary share from the
    reserve ; whereas this must be done by each Member State
   as each one of its supplementary shares is almost used up,
   and as many times as the reserve allows ; whereas the
   initial and supplementary shares must be valid until the
   end of the quota period ; whereas this form of administra¬
   tion requires close cooperation between the Member
   States and the Commission , and the latter             must be
   c.Lyle CO n unitor       the extent to which the           quota volune
   has been used up and inform the Member States
   accordingly ;
   Whereas if at a given date in the quota period a consid¬
   erable quantity of the initial share is left over in a
   Member State, it is essential that the Member State concerned
   should return a significant percentage thereof to the
   reserve so as to avoid a part of the Community tariff
  quota remaining unused in one Member State when it
  could be used in others ;
  Whereas, since the Kingdom of Belgium, the Kingdom of
  the Netherlands and the Grand Duchy of Luxembourg
  are united within and jointly represented by the Benelux
  Economic Union, any operation concerning the adminis¬
tration of the/shares allocated to that economic union                   /quota
may be carried out by any one of its members,                          ~
HAS ADOPTED THIS REGULATION :
                            Article 1
1 . From 1 January to 31 December 1988., the CUStGMS duty applicable to
  iuports of                   the following productsshall be            _
suspended at the level/~and within the limits of a                     / indicated
Community tariff quota as shown below :
                                                                                   Quota
                            Combine^                                                            Rate of duty
                  Order No                                   Description           volare
                             .iorienc la-                                                          ( %)
                                                                                    (in tonnes)
                            cure cede
                 09.2707    _*:c ÜÜÜ5 Où 1 J Yam, spun entirely from waste silk ,
                            ?x5005 X 9( Ì ocher than roil., roc ixit ιμ tor             900          0
                                              retail sale
   2.    Within the limits of the tariff quota referred to in
   paragraph 1 , Spain and Portugal shall apply duties calcu¬
   lated in accordance with the Act of Accession of Spain
   and Portugal.
 ---pagebreak---                                                                 4
                                   Artide 2
    1 . The first port of the Corrriiumty                             _
    tariff quotqfsTiall be allocated among the Member States ; /, amounting to 675 tomes ,
theshares Shull ,, subject to Article 5,           be valid until 31
    December 198o,: shall be as follows :                             *and
                                                   (tonnes)
                 Germany                                73
                  France                                18
                  Italy                                547
                  United Kingdom                        37
    2.      The second          port of 725 tonnes shall constitute
    the reserve .
      3 . If an importer notifies an imminent importation of the product
      in question into a Member State not participating in the initial
      allocation and applies to use the quota, the 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 .
                                   Article 3
     1.     If 90 % or more of a Member State’s initial share as
     specified in Article 2 (1 ), or of that share less the
     portion returned to the reserve where Article 5 is applied,
     has been used up, that Member State shall forthwith, by
     notifying the Commission/cTraw a second share equal to /and to the extent permitted by the amount
      10 % of its initial share, rounded up where necessary to           of the reserve.
     the next whole number .
     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 up, that Member State shall forthwith, us ing
        the procedure,                set out in paragraph 1 , draw a
     third share equal to 5 % of its initial share.
     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, using "lie
      ScihiO procedure ,.                  draw a fourth share equal
    to the third .
    This process shall continue to apply until the reserve is
    used up .
 ---pagebreak---                                                            5
    4. By way of derogation from paragraphs 1 , 2 and 3,
   Member States may draw lower shares than those speci¬
   fied            if there are grounds for believing that those    ** in those paragraphs
   specified may not be used up. They shall inform the
   Commission of rheir reasons for applying this paragraph.
                             Article 4
Supplementary shares drawn pursuant to Article 3 shall
be valid until 31 December 198C .
                             A rticle 5
Member States shall return to the reserve, not later than 1
October 1 98 C the unused portion of their initial share
which , on 15 September 198C is in excess of 20 % of the
initial amount. They may return a larger quantity if there
are grounds for believing that          it        might not be
used    ill full .
Member States shall notify the Commission, not later
than 1 October 198o, of the total quantities of yarn spun
entirely from waste silk imported up to and including 15
September 1988 and charged against the Community
quota and of any portion of their initial share returned to
the reserve .
                              Article 6
  The Commission shall keep an account of the shares
  opened by the Member States pursuant to Articles 2 and 3
  and shall , as soon as it has been notified , inform each
  State of the extent to which the reserve has been used up .
  It shall inform the Member Slates , not later than 5
  October 1 980 of the amount         st ill in the reserve
   following any return of shares pursuant to Article 5
  It shall ensure that the drawing which exhausts the
  reserve is limited to the balance available and to this end
  shall specify the amount 1fK             to the Member State   **of that balance
  making the last drawing.
                               Article 7
  1.     Member States shall take all appropriate measures to
  ensure that supplementary drawings of shares pursuant to Article 3
 arc? carried Out           in such a way that imports may be
  charged without interruption against such accumulated
  shares of the Community quota .
  2.     Member States shall ensure that importers of the
  product in question have free access to the shares allo¬
  cated to them .
 ---pagebreak---                                                  6
   3.     Member States shall charge imports of the product
   in question against their shares as and when the product
   is entered with the customs authorities for free circula¬
   tion .
   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 8
   At the Commission’s request, Member States shall inform          _
   it of the imports actually charged against their/sTiares.       /quota
                             Article 9
   Member States and the Commission shall cooperate
   closely to ensure that this Regulation is complied with.
                            Article 10
   This Regulation shall enter into force on 1 January 198&-
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                             For the Council
                                                              The President