CELEX: 31977R2750
Language: en
Date: 1977-12-05 00:00:00
Title: Council Regulation (EEC) No 2750/77 of 5 December 1977 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 (1978)

13 . 12. 77                       Official Journal of the European Communities                           No L 318 / 17
                                 COUNCIL REGULATION (EEC) No 2750/77
                                               of 5 December 1977
             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
                                                        ( 1978)
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              whereas, to represent as closely as possible the actual
the Commission ,                                                market trends in the product in question, the alloca­
                                                                tion should be proportionate to the requirements of
                                                                the Member States calculated with reference to statis­
Whereas yarn spun from waste silk is produced in the            tical data on imports during a representative reference
Community ; whereas, although that production                   period and to the economic prospects for the quota
should cover all the Community requirements by                  period in question ;
reason of its overall volume, this does not apply with
regard to yarn entirely spun from waste silk ; whereas
there is, as a result, an insufficient supply in the
Community ;
                                                                whereas the imports of the products falling within
Whereas, consequently, Community supplies of those              heading No 50.05 of each of the Member States
qualities of yarn depend to a considerable extent on            concerned during the last three years for which
imports ; whereas full application of the Common                complete statistics are available, represent the
Customs Tariff duty would result in those products              following percentages of total Community imports of
being subjected to a considerable customs charge                these products :
while products manufactured from silk yarn face
                                                                                             1974     1975        1976
powerful competition from similar products manufac­
tured from other material ; whereas an insufficient
supply, added to competition at finished product level,         Benelux                        1       0          0
might have adverse results for the Community's                  Denmark                        0       0          0
processing industries ;                                         Germany                       50      56·6         1·16
                                                                France                        10      18·5       11·54
                                                                Ireland                        0       0          0
Whereas the Common Customs Tariff duty applicable               Italy                         33      14·9       6215
to imports of the yarn spun from waste silk in ques­            United Kingdom                 6      10         25·15
tion is 3-5 % ; whereas, when fixing the quota duty, it
is appropriate to take into account, on the one hand,           Whereas, in view of these factors and of the forecasts
the situation of the Community industry producing               which it is possible to make, the initial percentage
yarn spun from waste silk and, on the other, that of            shares in the quota volume can be expressed approxi­
the industries processing yarn spun from waste silk             mately as follows :
with regard to their supplies on favourable terms ;
whereas a quota duty of 1 % could best meet the
abovementioned requirements ;
                                                                        Benelux                              0·6
Whereas the trends in imports in recent years suggest                   Denmark                              0·6
that Community import requirements for the yarns in                     Germany                             24·5
question might be in the region of 200 tonnes for                       France                              12·3
1978 ; whereas the opening of a Community tariff                        Ireland                              0·6
quota of that volume is unlikely to harm Community                      Italy                               30·7
production ;                                                            United Kingdom                      30·7
 ---pagebreak--- No L 318 / 18                         Official Journal of the European Communities                                13 . 12. 77
Whereas, to take account of future trends in imports            States. Member States shares which, subject to Article
of the product in question in the various Member                 5, shall be valid until 31 December 1978 , shall be as
States, the quota should be divided into two tranches,           follows :
the first being distributed among the Member States                                                          (tonnes)
and the second to form a reserve intended to cover
                                                                         Benelux                                 1
any subsequent requirements of Member States who                         Denmark                                 1
have used up their initial shares ; whereas in order to                  Germany                                40
ensure a certain degree of security for importers of                     France                                 20
each Member State , the first tranche should be fixed                    Ireland                                 1
at 82 % of the total quota ;                                             Italy                                  50
                                                                         United Kingdom                         50
Whereas the initial shares may be used up at different
rates ; whereas, to provide for this eventuality and to          2.    The second tranche of 37 tonnes shall constitute
avoid disruption of supplies, any Member State which             the reserve .
has almost used up its initial share should draw an
additional share from the reserve ; whereas this should
be done by each Member State when each of its addi­
tional shares has been almost used up, and so on as                                          Article 3
many times as the reserve allows ; whereas the initial
and additional shares should be valid until the end of
the quota period ; whereas this form of administration           1.    If 90 % or more of a Member State's initial share
requires close collaboration between Member States               as fixed in Article 2 ( 1 ), or of that share minus any
and the Commission , which latter must be able to                portion returned to the reserve where Article 5 has
keep a record of the extent to which the quota has               been applied, has been used up, that Member State
been used up and to inform the Member States accord­             shall forthwith, by notifying the Commission, draw a
ingly ;                                                          second share, to the extent that the reserve so permits,
                                                                 equal to 10 % of its initial share, rounded up as neces­
Whereas if, at a given date in the quota period, a               sary to the next whole number.
considerable quantity of the initial share is left over in
a Member State , it is essential that that Member State
should return a significant proportion to the reserve,           2.     If, after its initial share has been used up, 90 %
so as to avoid a part of the quota remaining unused in           or more of the second share drawn by a Member State
one Member State when it could be used in others ;               has been used up, that Member State shall forthwith,
                                                                 in the manner and to the extent provided in para­
Whereas, since the Kingdom of Belgium , the                      graph 1 , draw a third share equal to 5 % of its initial
                                                                 share .
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented
by the Benelux Economic Union , any measure                      3.     If, after its second share has been used up, 90 %
concerning the administration of the shares allocated            or more of the third share drawn by a Member State
to that economic union may be carried out by any                 has been used up, that Member State shall forthwith,
one of its members,                                              in accordance with the same conditions, draw a fourth
                                                                 share equal to the third .
HAS ADOPTED THIS REGULATION :                                    This procedure shall apply until the reserve is used
                                                                 up .
                           A rticle 1
                                                                 4. By way of derogation from paragraphs 1 , 2 and
                                                                 3, Member States may draw lesser shares than those
 From 1 January to 31 December 1978 , the auto­                  specified therein if there are grounds for believing
 nomous duty of the Common Customs Tariff for yarn ,             that those specified may not be used in full . They
spun entirely from silk waste other than noil, not put           shall inform the Commission of their reasons for
 for retail sale, falling within subheading 50.05 A, shall       applying this paragraph .
be suspended at 1 % within a Community tariff quota
of 200 tonnes .
                                                                                             Article 4
                           Article 2
 1 . A first tranche of 163 tonnes of this Community             Additional shares drawn pursuant to Article 3 shall be
 tariff quota shall be allocated among the Member                valid until 31 December 1978 .
 ---pagebreak--- 13 . 12 . 77                           Official Journal of the European Communities                        No L 318 / 19
                           Article 5                             pursuant to Article 3 are opened in such a way that
                                                                 imports may be charged without interruption against
Member States shall return to the reserve, not later
                                                                 their aggregate shares of the Community quota.
than 1 October 1978 , the unused portions of their
initial shares which, on 15 September 1978 , are in              2. Member States shall ensure that importers of the
excess of 20 % of the initial amounts. They may                  product in question established in their territory have
return a greater portion if there are grounds for                free access to the shares allocated to them .
believing that such portion may not be used up .
Member States shall notify the Commission , not later            3 . Member States shall charge against their shares
than 1 October 1978 , of the total quantities of yarn            imports of the product in question as and when the
spun entirely from silk waste imported up to and                 product is entered with the customs authorities for
including 15 September 1978 and charged against the              home use .
Community quota and of any portions of their initial
shares returned to the reserve .                                 4.      The extent to which a Member State has used up
                                                                 its share shall be determined on the basis of the
                           Article 6                             imports charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                       Article 8
and 3 and, as soon as it has been notified, shall inform
each State of the extent to which the reserve has been           At the Commission's request, Member States shall
used up.                                                          inform it of the imports acutally charged against their
                                                                 shares .
It shall inform the Member States, no later than 5
October 1978 , of the amount still in reserve after
amounts have been returned thereto pursuant to                                           Article 9
Article 5 .
It shall ensure that the drawing which exhausts the               Member States and the Commission shall cooperate
reserve does not exceed the balance available, and to            closely to ensure that this Regulation is complied
                                                                 with .
this end shall notify the amount of that balance to the
Member State making the last drawing.
                                                                                         Article 10
                           Article 7
 1.    Member       States  shall    take    all    appropriate  This Regulation shal enter into force on 1 January
measures     to   ensure   that   additional     shares  drawn    1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 5 December 1977 .
                                                                              For the Council
                                                                               The President
                                                                                A. HUMBLET