CELEX: 31977R2749
Language: en
Date: 1977-12-05 00:00:00
Title: Council Regulation (EEC) No 2749/77 of 5 December 1977 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 (1978)

No L 318 / 14                    Official Journal of the European Communities                            13 . 12 . 77
                                COUNCIL REGULATION (EEC) No 2749/77
                                               of 5 December 1977
             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 ( 1978 )
THE COUNCIL OF THE EUROPEAN                                 down for the tariff quota should be applied consist­
COMMUNITIES,                                                ently 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
Having regard to the Treaty establishing the European       between the Member States concerned, would, in the
Economic Community, and in particular Article 28            light of the principles outlined above, appear
thereof,                                                    consistent with the Community nature of the quota ;
                                                            whereas, to represent as closely as possible the actual
Having regard to the draft Regulation submitted by          market trends in the product in question, the alloca­
the Commission ,                                            tion should be proportionate to the requirements of
                                                            the Member States calculated with reference to statis­
                                                            tical data on imports during a representative reference
Whereas silk yarn is produced in the Community ;            period and to the economic prospects for the quota
whereas, although that production could cover all the       period in question ;
Community requirements by reason of its overall
volume, this does not apply with regard to yarn
entirely spun from silk ; whereas there is, as a result,
an insufficient supply in the Community ;
                                                            Whereas the imports of the products falling within
Whereas, consequently, Community supply for those           heading No 50.04 of each of the Member States
qualities of yarn depends 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                            5     0          0
might have adverse results for the Community's              Denmark                            0     0          0·7
processing industries ;                                     Germany                           28    43·15       7·0
                                                            France                            17    25·16      10·4
                                                            Ireland                            7     0·05       0·4
Whereas the Common Customs Tariff duty applicable
to imports of the silk yarn in question is 7 % ;            Italy                             39    21·58     76·0
whereas, when fixing the quota duty, it is appropriate      United Kingdom                     4    1006        5·5
to take into account, on the one hand, the 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, in view of these factors and of the forecasts
whereas a quota duty of 2-5 % could best meet the           which it is possible to make, the initial percentage
abovementioned requirements ;                               shares in the quota volume can be expressed approxi­
                                                            mately as follows :
Whereas the trends in imports during recent years
suggest that the import requirements for the yarns in
question might be in the region of 60 tonnes for
                                                                     Benelux                              2·5
 1978 ; whereas the opening of a Community tariff
                                                                     Denmark                              2·5
quota of that volume is unlikely to harm Community
production ;                                                        Germany                             25·0
                                                                     France                             30·0
                                                                     Ireland                              2·5
Whereas equal and continuous access to the quota                     Italy                              27·5
should be ensured for all importers and the rate laid                United Kingdom                     10·0
 ---pagebreak--- 13 . 12 . 77                       Official Journal of the European Communities                            No L 318 / 15
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                                10
ensure a certain degree of security for importers of                  France                                 12
each Member State the first tranche should be fixed at                Ireland                                 1
67 % of the total quota ;                                             Italy                                  11
                                                                      United Kingdom                          4
Whereas the initial shares may be used up at different
rates ; whereas, to provide for this eventuality and to       2.    The second tranche of 20 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, in particular,        portion returned to the reserve where Article 5 has
be able to keep a record of the extent to which the           been applied, has been used up, that Member State
quota has been used up and to inform the Member               shall forthwith , by notifying the Commission, draw a
States accordingly ;                                          second share, to the extent that the reserve so permits,
                                                              equal to 10 % of its intial 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
                                                             graph 1 , draw a third share equal to 5 % of its initial
Whereas, since the Kingdom of Belgium , the                   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 .
                                                              This procedure shall apply until the reserve is used
HAS ADOPTED THIS REGULATION :                                 up .
                                                              4.     By way of derogation from paragraphs 1 , 2 and
From 1 January to 31 December 1978 , the auto­                3 , Member States may draw lesser shares than those
nomous duty of the Common Customs Tariff for yarn             specified therein if there are grounds for believing
entirely of silk, other than yarn of noil or other waste      that those specified may not be used in full . They
silk, not put up for retail sale, falling within heading      shall   inform     the Commission     of their reasons for
No ex 50.04, shall be suspended at 2-5 % within a             applying this paragraph .
Community tariff quota of 60 tonnes .
                                                                                          Article 4
                         Article 2
 1.    A first tranche of 40 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--- No L 318 / 16                        Official Journal of the European Communities                           13 . 12. 77
                          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 silk          imports of the product in question as and when the
yarn imported up to and including 15 September                 product is entered with the customs authorities for
                                                               home use .
1978 and charged against the Community quota and
of any portion 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 actually charged against their
                                                               shares .
It shall inform the Member States, not 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 shall 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