CELEX: 51981PC0575
Language: en
Date: 1981-10-20
Title: DRAFT COUNCIL REGULATION (EEC) 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 (1982)#DRAFT 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 heading No ex 50.04 of the Common Customs Tariff (1982)#DRAFT COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn, spun, entirely from silk waste other than noil, not put up for retail sale, falling within subheading 50.05 A of the Common Customs Tariff (1982) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 575
Vol. 1981/0176
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                ¥
                                                     COM(81)575 final
                                                     Brussels , 20 October 1981
                            DRAFT COUNCIL REGULATION            ( EEC )
               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 ( 1982 )
                                DRAFT 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 heading No ex 50.04
               of the Common Customs Tariff ( 1982 )
                                DRAFT COUNCIL REGULATION              ( EEC )
               opening , allocating and providing for the administration
               of a Community tariff quota for yarn , spun, entirely from
               silk waste other . than noil , not put up for retail sale ,
               falling within subheading 50.05 A of the Common Customs
               Tariff ( 1982 )              : A
             I   ■     s  ■                  r-. -SÏ
                                              -
                         v:
                                  'v -*. - V/
                 ( presented by the Commission to the Council )
C0M(81 ) 575 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM  .    ,   ~
       t       ■                                   "
 The - situation as regards raw silk / yarn entirely of silk and yarn spun
 entirely from silk waste other than noil was reviewed once again by Com­
 mission staff , together with experts from the Member States att ' meetings of
 the Group" pn Economic Tariff Problems organized by the Commission in April
 and June 1981 . ' / >                                        '
 As in previous years , thera was a general consensus in favour of maintaining
 things as they were .                                               ,
The following emerged from these discussions :
 1 , Raw silk ( not thrown ) . y
 For some years the volume of Community output had been extremely low and
productiori continues only in some regions of Italy .       :
The reduction may be put down to several factors , one being that production
came from small holdings that ware not sufficiently rationalized and moder­
nized and another that some non-member countries , especially the People 's
Republic of China , offered for sale on the Community market very large
quantities of high-quality products very advantageous prices .
The -Community had some time ago decided that it was advantageous for- the
EEC to maintain its own production of raw silk .. As a result efforts have
been made in Italy to modernize and rationalize this activity by investing
several tens of thousands of million Italian lira , with aid either from
the Community ( EA6GF ) or from the State , the regions , the " Cassa del
Mezz iogiorno " and individual breeders .
                                        %
                                            These efforts were designed to
bring about a gradual increase in production in the future .            * ■ •
In view of this situation it appears that an extension of the quota scheme
now in force would secure the Community 's supply and allow trends in Com­
munity production to be monitored without jeopardi zing its futur.e prospects .
 ---pagebreak---                                   - 2 -
On the basis of Member States' estimates ,, their import requirements may be
put at a total volume of 4 800 tonnes ™   This has therefore been taken as
                                                                        S
the figures for the initial quota in the attached draft regulation , but
the possibility of subsequent adjustments in the course of the quota year
are not ruled out .
                                           • ' t
2 . For yarn entirely of silk or spun entirely from silk waste other than
   . noi I
These are specific qualities of yarn which are classified under tariff
heading ex 54.04 and sub-heading 50.05 A but for which there are no statis
tical subdivisions .  In the absence of statistical data , it was necessary
to rely on Member States' estimates as to their import requirements to
determine the volume of the quotas .   For 1982, these requirements
90 tonnes for silk yarn and 270 tonnes for yarn spun entirely from silk
waste other than noil , and these figures have been taken as the quota
volumes in the attached draft regulations .
With regard to the quota duties , the Commission has no^ date justifying a
change in the 2.5X duty adopted in 198 1 for silk yarn , exemption from duty
for raw silk and yarn spun entirely from silk waste other than noil is
once again proposed for 1982 .                      ' '
 ---pagebreak---                                                      Draft
                                    COUNCIL REGULATION (EEC) No
                                                 of
                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 ( 198 ?)
  THE COUNCIL OF THE EUROPEAN                                 Whereas, in view of these factors, the initial percen­
  COMMUNITIES,                                                tage shares in the quota volume for 1982 can be
                                                              expressed approximately as follows :
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 28                 Bénélux                                    011
  thereof,                                                         Denmark                                    011
                                                                   Germany                                    4-59
                                                                   Greece                                     011
  Having regard to the draft Regulation submitted by                France                                   22.91
  the Commission ,              ,                                  Ireland                                    011
                                                                   Italy                                     68.74
                                                                   United Kingdom                              3.32
, 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 the various Member
  non-member countries ; whereas it is in the interests       States, the quota should be divided into two instal­
  of the Community to suspend totally the Common              ments, the first being distributed among the Member
                                                              States and the second to form a reserve intended to
  Customs Tariff duty on the product in question,
  within the limits of an appropriate Community tariff        cover any subsequent requirements of Member States
                                                              who have used up their initial shares ; whereas, in
  quota ;
                                                              order to ensure a certain degree of security for impor­
                                                              ters of each Member State the first instalment should
                                                              in this case be fixed at about 90 % of the total quota ;
  Whereas it is desirable at the present time to avoid
  final measures which could lead to the halting of
  action taken in the sector over a number of years to
  increase Community production ; whereas, under such         Whereas the initial shares may be used up at different
  conditions, it is advisable to extend the tariff system     rates ; whereas, therefore, to avoid disruption of
  in force in 1 98 1 ;                                        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
  Whereas Community production does not appear to             Member State as each one of its supplementary shares
  have changed considerably when compared with                is almost used up, and as many times' as the reserve
   198 1 ; whereas, taking account of this production and     allows ; whereas the initial and supplementary shares
  of the forecasts for 1982 , the imports needed to satisfy   must be valid until the end of the quota period ;
  consumption within the Community can be estimated           whereas this j form of administration requires close
  at 4 800 tonnes ; whereas the fixing of the quota           collaboration between , the Member States and the
  amount at this level does not preclude an adjustment        Commission , and the Commission must be in a posi­
  within the quota period ;                                   tion to follow the extent to which the tariff quota has
                                                              been used up and inform the Member States accord­
                                                              ingly ;
   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      Whereas, if at a given date in the quota period, a
   question until the quota is used up ; whereas a system     considerable quantity of the initial share is left over in
   of utilizaton of the Community tariff quota based on       a Member State, it is essential that that Member State .
   an allocation between the Member States concerned          should return a significant percentage thereof to the
   would, in the light of the principles outlined above,      reserve, so as to avoid a part of the Community tariff
   appear consistent with the Community nature of the         quota remaining unused in one Member State when it
   quota ;                                                    could be used in others ;
 ---pagebreak--- Whereas, since the Kingdom of Belgium, the                  has been used up, that Member State shall forthwith ,
Kingdom of the Netherlands and the Grand Duchy of           in accordance with the conditions set out in para­
Luxembourg are united within and jointly represented        graph 1 , draw a third share equal to 5 % of its initial
by the Benelux           Economic Union , any measure       share .
concerning the administration of the shares allocated
to that economic union may be carried out by any            3.     If, after its second share has been used up, 90 %
one of its members,                                         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
HAS ADOPTED THIS REGULAT ON :
                                                            share equal to the third.
                                                            This process shall continue to apply until the reserve
                            Article 1                       is used up.
1.    From 1 January to 31 December 198 4 the auto­         4.     By way of derogation from paragraphs 1 , 2 and
nomous duty of the Common Customs Tariff for raw            3, Member States may draw lower shares than those
silk (not thrown), falling within heading No 50.02,         specified therein if there are grounds for believing
shall be totally suspended within a Community tariff        that those specified may not be used up. They shall
quota of 4 800 tonnes.                                      inform the Commission of their reasons for applying
                                                            this paragraph.
2. Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the Act of                                  Article 4
Accession of 1979 .
                                                            Supplementary shares drawn pursuant to Article 3
                                                            shall be valid until 31 December 1982 .
                            Article 2
1 . A first instalment of 4 365 tonnes of this                                         Article 5
Community tariff quota shall be allocated among the
Member States ; Member States' shares, which, subject       Member States shall return to the reserve, not later
to Article 5, shall be valid until 31 December 1982,        than 1 October 198 2 the unused portion of their
shall be as follows :
                                                            initial share which , on 15 September 1982, is in
                                                (tonnes)    excess of 30 % of the initial amount. They may return
                                                            a larger quantity if there are grounds for believing that
      Bénélux                                        5
                                                            such quantity might not be used.
      Denmark                                        5
     Germany                                       200
                                                            Member States shall notify the Commission , not later
     Greece                                          5
      France                                     1 000
                                                            than 1 October 198 2, of the total quantities of raw silk
      Ireland                                        5
                                                            imported up to and including 15 September 198 2 and
                                                            charged against the Community quota and of any
      Italy                                      3 000
                                                    145     portion of their initial share returned to the reserve.
      United Kingdom
2.    The second instalment of * ^tonnes shall consti­
                                                                                       Article 6
tute the reserve .
                                                            The Commission shall keep an amount of the shares
                            Article 3                       opened by the Member States pursuant to Articles 2
                                                            and 3 and shall , as soon as it has been notified, inform
 1.    If 90 % or more of a Member State s initial share    each State of the extent to which the reserve has been
as specified in Article 2 ( 1 ), or of that share minus the used up.
portion returned to the reserve where Article 5 is
applied, has been used up, that Member State shall          It shall inform the Member States, not later than 5
forthwith, by notifying the Commission, draw a              October' 1982, of the amount in the reserve after
second share equal to 10 % of its initial share,            amounts have been returned thereto pursuant to
rounded up where necessary to the next whole                Article 5 .
number, to the extent permitted by the amount of the
reserve .                                                   It shall ensure that the drawing which exhausts the
                                                            reserve is limited to the balance available and to this
2.     If, after its initial share has been used up, 90 %   end shall specify the amount thereof to the Member
or more of the second share drawn by a Member State         State making the last drawing.
 ---pagebreak---                        Article 7                                                    Article 8
1 . Member States shall take all appropriate
measures to ensure that supplementary shares drawn            At the Commission s request, Member States shall
pursuant to Article 3 are opened in such a way that           inform it of the imports actually charged against their
                                                           . shares.                                                 1
imports may be charged without interruption against
their accumulated shares of the Community quota.
2. Member States shall ensure that importers of the                                 Article 9
product in question established in their territory have
free access to the shares allocated to them .                 Member States and the Commission shall cooperate
                                                              closely to ensure that this Regulation is complied
3. Member States shall charge imports of the                  with .
product in question against their shares as and when
the product is entered with the customs authorities for
free circulation.
                                                                                    Article 10
4.   The extent to which a Member State has used up
its share shall be determined on the basis of the             This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.               198 2 .
              This Regulation shall be .binding in its entirety and directly applicable in all Member
              States.                 -
              Done at Brussels,
                                                                         For the Council
                                                                           The President
 ---pagebreak---                                             Draft
                                COUNCIL REGULATION ( EEC) No
                                               of
              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 heading No ex 50.04 of the Common
                                              Customs Tariff ( 1982)
THE COUNCIL OF THE EUROPEAN                                Whereas equal and continuous access to the quota
COMMUNITIES,                                               should be ensured for all importers and the rate laid
                                                           down for the tariff quota should be applied consist­
                                                           ently to all imports of the product in question until
Having regard to the Treaty establishing the European      the quota is used up ; whereas a system of utilization
Economic Community, and in particular Article 28           of the Community tariff quota based on an allocation
thereof,                                                   between the Member States concerned would, in the
                                                            light of the principles outlined above, appear
                                                           consistent with the Community nature of the quota ;
Having regard to the draft Regulation submitted by
the Commission,
                                                           Whereas, in view of these factors and of the forecasts
                                                           which it is possible to make, the initial percentage
Whereas silk yarn is produced in the Community ;           shares in the quota volume can be expressed approxi­
whereas, although that production could cover all the       mately as follows :
Community requirements by reason of its overall
volume, this does not apply with regard to yam
entirely spun from silk ; whereas there is, as a result,          Benelux                  1 . 33
an insufficient supply in the Community ;                         Denmark                  1 . 33
                                                                 Germany                   6.67
                                                                 Greece                    1 . 33
Whereas, consequently, Community supplies of those                France                 16.00
qualities of yarn depend to a considerable extent on              Ireland                  1 . 33
imports ; whereas full application of the Common                  Italy                  66.68
Customs Tariff duty would result in those products                United Kingdom           5.33
being subjected to a considerable customs charge
while products manufactured from silk yarn face
powerful competition from similar products manufac­
tured from other material ; whereas an insufficient         Whereas, to take account of future trends in impor's
supply, added to competition at finished product level ,    of the product in question in the various Member
might have adverse effects on the Community's               States, the quota should be divided into two instal­
processing industries ;                                     ments, the first being distributed among the Member
                                                            States and the second to form a reserve intended to
                                                            cover any subsequent requirements of Member States
Whereas the Common Customs Tariff duty applicable           who have used up their initial shares ; whereas in
to imports of the silk yarn in question in 198 2 is         order to ensure a certain degree of security for impor­
6.2,% ; whereas, when fixing the quota duty, it is          ters of each Member State the first instalment should
appropriate to take into account, on the one hand, the      in this case be84 % of the total quota ;
situation of the Community silk yarn producing
industry and, on the other, that of the silk yarn
processing industries with regard to their supplies on
favourable terms ; whereas a quota duty of 2-5 %            Whereas the initial shares may be used up at different
could best meet the abovementioned requirements ;           rates ; whereas, therefore, to avoid disruption of
                                                            supplies, any Member State which has almost used up
                                                            its initial share should draw a supplementary share
Whereas the trends in imports during recent years           from the reserve ; whereas this must be done by each
suggest that the import requirements for the yarns in       Member State as each one of its supplementary shares
question might be in the region of 90 tonnes for            is almost used up, and as many times as the reserve
 198 2; whereas the opening of a Community tariff           allows ; whereas the initial and supplementary shares
quota of that volume is unlikely to harm Community          must be valid until the end of the quota period ;
 production ;                                               whereas this form of administration requires close
 ---pagebreak---                                                        - 2 -
collaboration between the Member States and the                                          Article 3
Commission, and the Commission must be in a posi­
tion to follow the extent to which the tariff quota has      1.     If 90 % or more of a Member State s initial share
been used up and inform the Member States accord­            as specified in Article 2 ( 1 ), or of that share minus the
ingly ;
                                                             portion returned to the reserve where Article 5 is
                                                             applied, has been used up, that Member State shall
Whereas if, at a given date in the quota period, a           forthwith, by notifying the Commission, draw a
considerable quantity of the initial share is left over in   second share equal to 10 % of its initial share,
a Member State, it is essential that that Member State
                                                             rounded up where necessary to the next whole
should return a significant percentage thereof to the        number, to the extent permitted by the amount of the
reserve, so as to avoid a part of the Community tariff       reserve .
quota remaining unused in one Member State when it
could be used in others ;
                                                             2.     If, after its initial share has been used up, 90 %
Whereas, since the Kingdom of Belgium, the                   or more of the second share drawn by a Member State
Kingdom of the Netherlands and the Grand Duchy of            has been used up, that Member State shall forthwith,
Luxembourg are united within and jointly represented         in accordance with the conditions set out in para­
by the Benelux Economic Union, any measure                   graph 1 , draw a third share equal to 5 % of its initial
concerning the administration of the shares allocated        share.
to that economic union may be carried 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 State
                                                             has been used up, that Member State shall forthwith ,
                                                             in accordance with the same conditions, draw a fourth
HAS ADOPTED TH S REGULATION :
                                                             share equal to the third .
                         Article 1                           This process shall continue to apply until the reserve
                                                             is used up.
1 . From 1 January to 31 December 1982 the auto­
nomous duty of the Common Customs Tariff for yarn            4.     By way of derogation from paragraphs 1 , 2 and
entirely of silk, other than yarn of noil or other waste     3, Member States may draw lower shares than those
silk, not put up for retail sale, falling within heading     specified therein if there are grounds for believing
No ex 50.04, shall be suspended at 2-5 % within a            that those specified may not be used up. They shall
Community tariff quota of 90 tonnes.                         inform the Commission of their reasons for applying
                                                             this paragraph.
2. Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the Act of
Accession of 1979.                                                                       Arttcle 4
                         Article 2
                                                             Supplementary shares drawn pursuant to Article 3
                                                             shall be valid until 31 December 198 2
 1.   A first instalment of 75 tonnes of this Commu­
nity tariff quota shall be allocated among the Member
States ; Member States' shares, which, subject to                                        Article 5
Article 5, shall be valid until 31 December 198 2 shall
be as follows :
                                                             Member States shall return to the reserve, not later
                                             (tonnes)        than 1 October 1982, the unused portion of their
      Bénélux                                     1          initial share which, on 15 September 198 2 is in
      Denmark                                     1          excess of 20 % of the initial amount. They may return
      Germany                                    5           a larger quantity if there are grounds for believing that
      Greece                                      1          such quantity might not be used .
      France                                    12
      Ireland                                     1          Member States shall notify the Commission, not later
      Italy                                      50          than 1 October 198 2 of the total quantities of silk
      United Kingdom                             4           yarn imported up to and including 15 September
                                                              1982 and charged against the Community quota and
 2.   The second instalment of 15 tonnes shall consti­       of any portion of their initial share returned to the
 tute the reserve.                                           reserve .
 ---pagebreak---                         Article 6                            3. Member States shall charge imports of the
                                                             product in question against their shares as and when
The Commission shall keep an account of the shares           the product is entered with the customs authorities for
opened by the Member States pursuant to Articles 2           free circulation .
and 3 and shall , as soon as it has been notified, inform
each State of the extent to which the reserve has been
                                                             4..    The extent to which a Member State has used up
used up.                                                     its share shall be determined on the basis of the
It shall inform the Member States, not later than 5          imports charged in accordance with paragraph 3.
October 1982 of the amount in the reserve after
amounts have been returned thereto pursuant to                                      Article 8
Article 5 .
It shall ensure that the drawing which exhausts the          At the Commission s request, Member States shall
reserve is limited to the balance available and to this      inform it of the imports actually charged against their
end shall specify the amount thereof to the Member           shares.
State making the last drawing.
                                                                                     Article 9
                        Article 7
1 . Member States shall take all appropriate                 Member States and the Commission shall cooperate
measures to ensure that supplementary shares drawn           closely to ensure that this Regulation is complied
pursuant to Article 3 are opened in such a way that          with .
imports may be charged without interruption against
their accumulated shares of the Community quota.
                                                                                    Article 10
2. Member States shall ensure that importers of the
product in question established in their territory have      This Regulation shall enter into force on 1 January
free access to the shares allocated to them.                  198 2
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.
                                                                         For the Council
                                                                           The President
 ---pagebreak---                                              Draf t
                                  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 noil , not put up for
              retail sale, falling within subheading 50.05 A of the Common Customs Tariff
                                                        ( 1982 )
THE COUNCIL OF THE EUROPEAN                                      Whereas equal and continuous access to the quota
COMMUNITIES,                                                     should be ensured for all importers , and the rate laid
                                                                 down for the tariff quota should be applied consist­
                                                                 ently to al ! imports of the product in question until
Having regard to the Treaty establishing the European            the quota is used up ; whereas a system of utilization
Economic Community, and in particular Article 28 .               of the Community tariff quota based on an allocation
thereof,                                                         between the Member States concerned would , in the
                                                                 light of the principles outlined above, appear
                                                                 consistent with the Community nature of the quota ;
Having regard to the draft Regulation submitted by
the Commission ,
                                                                 Whereas, in view of these factors and of the forecasts
Whereas yarn spun from waste silk is produced in the             which it is possible to make, the initial percentage
Community ; whereas, although that production                    shares in the quota volume can be expressed approxi­
should cover all the Community requirements by                   mately as follows :
reason of its overall volume, this does not apply with
regard to yarn spun entirely from waste silk ; whereas
there is, as a result, an insufficient supply in the                   Benelux               0 ,. 47
Community ;                                                            Denmark               0 . 47
                                                                      Germany                2 ,. 37
                                                                      Greece                 0 ,. 47
Whereas, consequently, Community supplies of those                     France               28 . 44
qualities of yarn depend to a considerable extent on                   Ireland               0 . 47
imports ; whereas full application of the Common                                            47 . 40
Customs Tariff duty would result in those products                     Italy
being subjected to a considerable customs charge                       United Kingdom       19 . 91
while products manufactured from silk yarn face
powerful competition from similar products manufac­
tured from other material ; whereas an insufficient
supply, added to competition at finished product level,          Whereas, to take account of future trends in imports
might have adverse effects on the Community's                    of the product in question in the various Member
processing industries ;                                          States the quota should be divided into two instal­
                                                                 ments, the first being distributed among the Member
                                                                 States and the second to form a reserve intended to
Whereas the Common Customs Tariff duty applicable                cover any subsequent requirements of Member States
to imports of the yarn spun from waste silk in ques­             who have used up their initial shares ; whereas in
tion is 3,3% ; whereas, when fixing the quota duty, it           order to ensure a certain degree of security for impor­
                                                                 ters of each Member State the first instalment should
is appropriate to take into account, on the one hand,
the situation of the Community industry producing                be fixed at approximately 78 °/°      the total quota ;
yarn spun from waste silk and, on the other, that of
the industries processing yarn spun from waste silk
with regard to their supplies on favourable terms ;
whereas a zero quota duty could best meet the above-             Whereas the initial shares may be used up at different
 mentioned requirements ;                                        rates ; whereas, therefore, to avoid disruption of
                                                                 supplies, any Member State which has almost used up
                                                                 its initial share should draw a supplementary share
Whereas the trends in imports in recent years suggest            from the reserve ; whereas this must be done by each
 that Community import requirements for the yarns in             Member State as each one of its supplementary shares
 question might be in the region of 270 tonnes for               is almost used up, and as many times as the reserve
 1982 ; whereas the opening of a Community tariff                allows ; whereas the initial and supplementary shares
 quota of that volume is unlikely to harm Community              must be valid until the end of the quota period ;
 production ;                                                    whereas this form of administration requires close
 ---pagebreak---                                                        - 2 -
collaboration between the Member States and the                                      Article 3
Commission, and the Commission must be in a posi­
tion to follow the extent to which the tariff quota has      1.    If 90 % or more of a Member State s initial share
been used up and inform the Member States accord­
                                                             as specified in Article 2 ( 1 ), or of that share minus the
ingly ;
                                                             portion returned to the reserve where Article 5 is
                                                             applied, has been used up, that Member State shall
Whereas if, at given date in the quota period, a consid­     forthwith, by notifying the Commission, draw a
erable quantity of the initial share is left over in a       second share equal to 10 % of its initial share,
Member State, it is essential that that Member State-,
                                                             rounded up where necessary to the next whole
should return a significant percentage thereof to the        number, <o the extent permitted by the amount of the
reserve, so as to avoid a part of the Community tariff       reserve .
quota remaining unused in one Member State when it
could be used in others ;
                                                             2. If, after its initial share has been used up, 90 %
Whereas, since the Kingdom of Belgium, the                   or more of the second share drawn by a Member State
Kingdom of the Netherlands and the Grand Duchy of            has been used up, that Member State shall forthwith,
Luxembourg are united within and jointly represented         in accordance with the conditions set out in para­
by the Benelux Economic Union, any measure                   graph 1 , draw a third share equal to 5 % of its initial
concerning the administration of the shares allocated        share.
to that economic union may be carried 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 State
                                                             has been used up, that Member State shall forthwith,
                                                             in accordance with the same conditions, draw a fourth
HAS ADOPTED THIS REGULATION :
                                                             share equal to the third.
                         Article 1                           This process shall continue to apply until the reserve
                                                             is used up.
1.     From 1 January to 31 December 1982 the auto­
nomous duty of the Common Customs Tariff for yarn            4*.    By way of derogation from paragraphs 1 , 2 and
spun entirely from waste silk other than noil, not put       3, Member States may draw lower shares than those
up for retail sale, falling within subheading 50.05 A,       specified therein if there are grounds for believing
shall be totally suspended within a Community tariff         that those specified may not be used up. They shall
quota of 270 tonnes.                                         inform the Commission of their reasons for applying
                                                             this paragraph.
2. Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the Act of
Accession of 1979.                                                                   Article 4
                         Article 2
                                                             Supplementary shares drawn pursuant to Article 3
                                                             shall be valid until 31 December 1 982-
1.     A first instalment of 21 1 tonnes of this Commu­
nity tariff quota shall be allocated among the Member
States ; Member States' shares, which, subject to                                    Article $
Article 5, shall be valid until 31 December 1 982 . shall
be as follows :
                                                             Member States shall return to the reserve not later
                                              (tonnes)       than 1 October 1 98 2 the unused portion of their
       Bénélux                                     1         initial share which, on 15 September 1982 is in
       Denmark                                     1         excess of 20 % of the initial amount. They may return
       Germany                                     5         a larger quantity if there are grounds for believing that
       Greece                                      1         such quantity might not be used.
       France                                     60
       Ireland                                     1         Member States shall notify the Commission, not later
       Italy                                     100         than 1 October 1982, of the total quantities of yarn
       United Kingdom                              42        spun entirely from waste silk imported up to and
                                                             including 15 September 198 2 and charged against the
2.tute the
       Thereserve.
             second instalment of 5£ tonnes shall consti­    Community quota and of any portion of their initial
                                                             share returned to the reserve.
 ---pagebreak---                                                       - 3 -
                        Article 6                            3. Member States shall charge imports of the
                                                             product in question against their shares as and when
The Commission shall keep an account of the shares           the product is entered with the customs authorities for
opened by the Member States pursuant to Articles 2           free circulation .
and 3 and shall, as soon as it has been notified, inform
each State of the extent to which the reserve has been
                                                             4.    The extent to which a Member State has used up
used up.                                                     its share shall be determined on the basis of the
It shall inform the Member States, not later than 5          imports charged in accordance with paragraph 3.
October 1982 of the amount in the reserve after
amounts have been returned thereto pursuant to                                      Article 8
Article 5.                  *
It' shall ensure that the drawing which exhausts the         At the Commission s request, Member States shall
reserve is limited to the balance available and to this      inform it of the imports actually charged against their
end shall specify the amount thereof to the Member           shares.                                     <
State making the last drawing.
                                                                                    Article 9
                        Article 7
1 . Member States shall take all appropriate                 Member States and the Commission shall cooperate
measures to ensure that supplementary shares drawn           closely to ensure that this Regulation is complied
                                                             with.
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against
their accumulated shares of the Community quota.                                    Article 10
2.    Member States shall ensure that importers of the
product in question established in their territory have      This Regulation shall enter into force on 1 January
free access to the shares allocated to them .                1982
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                         For thi Council
                                                                           The President
                                                          »