CELEX: 31974R2420
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2420/74 of the Council of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for yarn, spun entirely from silk waste other than noil, not put up for retail sale, falling within heading No ex 50.05 of the Common Customs Tariff for 1975

27 . 9 . 74                            Official Journal of the European Communities                          No L 261 /7
                                REGULATION ( EEC) No 2420/74 OF THE COUNCIL
                                                    of 23 September 1974
              on the opening , allocation and administration of a Community tariff quota for
              yarn , spun entirely from silk waste other than noil , not put up for retail sale,
               falling within heading No ex 50.05 of the Common Customs Tariff for 1975
THE COUNCIL OF THE EUROPEAN                                        Whereas the duty under the Common Customs Tariff
 COMMUNITIES,                                                      applicable on imports of the silk waste yarn in ques­
                                                                   tion is 3-5 % ; whereas when fixing the quota duty it
                                                                   is appropriate to take into account, on the one hand,
 Having regard to the Treaty establishing the European             the situation of the Community industry producing
 Economic Community, and in particular Article 28                  yarn spun from waste silk and, on the other, that of
 thereof ;                                                         the industries processing yarn spun from waste silk
                                                                   with regard to their obtaining supplies on favourable
                                                                   terms ; whereas a quota duty of 1 % could best satisfy
 Having regard to the draft Regulation submitted by                the abovementioned requirements ;
 the Commission ;
Whereas, in accordance with the resolution passed at
 its meeting of 29 to 31 May 1967, the Council , by its
 Regulation ( EEC) No 323/70 ('), reintroduced until 31           Whereas the trend in imports during the past few
 December 1976 the 7% autonomous duty of the                      years and the first months of 1973 suggest that
 Common Customs Tariff for yarn , spun entirely from               Community import requirements of the yarns in ques­
silk waste other than noil, not put up for retail sale,            tion might be in the region of 220 metric tons for
 falling within heading No ex 50.05 ; whereas the                  1975 ; whereas the opening of a Community tariff
conventional duty for that product is 3-5 % ;                     quota of that volume is unlikely to harm Community
                                                                   production ;
Whereas the aforesaid resolution further provides for
 the opening in respect of that period and for such
yarn of an annual Community tariff quota with
 reduced duty or nil duty where a change in the
sources of supply or an insufficient supply within the
 Community might have adverse results for the                     Whereas equal and continuous access to the quota
 processing industries in the Member States ;                     should be ensured for all importers and the rate of
                                                                   levy for the tariff quota should be applied consistently
                                                                  to all imports of the product in question until the
Whereas yarn spun from waste silk is produced in the              quota is used up ; whereas utilization of the Commu­
Community ; whereas although that production                      nity tariff quota based on an allocation between the
should cover all the Community requirements by                    Member States concerned would in the light of the
reason of its overall volume, this does not apply with            principles outlined above appear consistent with the
regard to yarn entirely spun from waste silk ; whereas            Community nature of the quota ; whereas to represent
there is, as a result, an insufficient supply in the              as closely as possible the actual trend of the market in
Community ;                                                       the product in question the allocation should follow
                                                                  proportionally the requirements of the Member States
                                                                  calculated both from statistics of imports during a
Whereas consequently Community supply for those                   representative reference period and from the
qualities of yarn depends to a considerable extent on             economic outlook for the tariff year in question ;
imports ; whereas full application of the duty under
the Common Customs Tariff would result in those
products being subjected to a considerable customs
charge while products manufactured from silk yarn
face powerful competition from similar products
manufactured from other material ; whereas an insuffi­            Whereas the imports of the products falling within
cient supply within the Community, added to compe­                heading No 50.05 of each of the Member States
tition at finished product level , might have adverse             concerned during the past three years for which
results for the Community's processing industries ;               complete statistics are available represent the
                                                                  following percentages of total Community imports of
(') OJ No L 43 , 24 . 2 . 1970 , p. 8 .                           these products :
 ---pagebreak--- No L 261 /8                         Official Journal of the European Communities                                  27. 9. 74
                                          1971   1972     1 973 Whereas since the Kingdom of Belgium, the
                                                                Kingdom of the Netherlands and the Grand Duchy of
Benelux                                   0-5    01        1-5  Luxembourg are jointly represented by the Benelux
Denmark                                   0-1    01        00   Economic Union, any measure concerning the admin­
Germany                                  39-2   41-0     43-7   istration of the shares allocated to that Economic
France                                     5-0  10-8       7-2  Union may be carried out by one of its members,
Ireland                                   0-0    0-6       00
Italy                                    47-0   38-7     360
United Kingdom                             8-2    8-7    12-6   HAS ADOPTED THIS DECISION :
                                                                                            Article 1
Whereas in view of these factors and of the forecasts
which it is possible to make the initial percentage,            1.     From 1 January to 31 December 1975 the auto­
shares in the quota volume can be expressed approxi­            nomous duty of the Common Customs Tariff for yarn,
mately as follows :                                             spun entirely from silk waste other than noil, not put
                                                                up for retail sale, falling within heading No ex 50.05,
                                                                shall be suspended at 1 % in respect of a Community
      Benelux                                       0-5         tariff quota of 220 metric tons.
      Denmark                                       0-5
      Germany                                      42-1         2.     Within the limits of this tariff quota, the new
      France                                         8-9        Member States shall apply the duties calculated in
      Ireland                                       0-5         accordance with the relevant provisions of the Act of
                                                                Accession .
      Italy                                        34-3
      United Kingdom                               13-2
                                                                                            Article 2
                                                                1.     A first successive amount of 1 90 metric tons of
Whereas, to take account of future import trends for            this Community tariff quota shall be allocated among
the product under consideration , the total quota               the Member States ; the shares shall , subject to Article
volume      should  be   divided    into    two   successive    5 , be valid until 31 December 1975 and shall be as
amounts, the first being allocated and the second held          follows :
as a reserve to cover at a later date the requirements of
                                                                      Benelux                            1 metric ton
Member States who have used up their initial share ;
                                                                       Denmark                           1 metric  ton
whereas to give importers some degree of certainty the
first successive amount of the Community quota                        Germany                          80  metric  tons
                                                                      France                            17 metric  tons
should be fixed at 85 % of the total quota ;
                                                                      Ireland                            1 metric  ton
                                                                      Italy                            65  metric  tons
                                                                      United Kingdom                   25  metric  tons
Whereas the initial shares may be used up more or
less quickly ; whereas, therefore, to avoid disruption of       2.     The second successive amount, of 30 metric
supplies any Member State which has almost used up              tons , shall be held in reserve .
its initial share, must draw a supplementary share
from the reserve ; whereas this must be done by each                                        Article 3
Member State as each one of its supplementary shares
is almost used up, and as many times as the reserve              1.    If 90 % or more of a Member State 's initial share
allows ; whereas the initial and supplementary shares           specified in Article 2 ( 1 ) or of that share minus the
must be valid until the end of the quota period ;               portion returned to the reserve where Article 5 is
whereas this form of administration requires close              applied, has been used up , that Member State shall
collaboration between     the Member States and the             without delay, by notifying the Commission , draw a
Commission, and the Commission must be in a posi­               second share , to the extent that the reserve is suffi­
tion to follow the extent to which the quota volume             cient, equal to 10 % of its initial share, rounded up
has been used up and inform the Member States                   where necessary to the next unit.
thereof ;
                                                                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 without
Whereas if, at given date in the quota period, a consid­        delay, under the conditions laid down in paragraph 1 ,
erable quantity is left over in a Member State, it is           draw a third share equal to 5 % of its initial share.
essential that such State should return a substantial
proportion to the reserve, to prevent part of the total         3.     If, after its second share has been used up, 90 %
quota from remaining unused in one Member State                 or more of the third share drawn by a Member State
while it could be used in others ;                              has been used up, that Member State shall without
 ---pagebreak--- 27. 9 . 74                          Official Journal of the European Communities                          No L 261 /9
delay, under the same conditions, draw a fourth share         amounts have been returned thereto pursuant to
equal to the third .                                          Article 5 .
This process shall apply until the reserve is used up.         It shall ensure that the drawing which finally uses up
                                                               the reserve is limited to the balance available and to
4. By way of derogation from paragraphs 1 , 2 and              this end shall specify the amount thereof to the
3, the Member States may draw shares lower than                Member State making the last drawing.
those fixed in those paragraphs if there are grounds
for considering that those fixed may not be used up.                                   Article 7
They shall inform the Commission of their reasons
for applying this paragraph .                                  1 . The Member States shall take all appropriate
                                                               measures to ensure that supplementary shares drawn
                         Article 4                             pursuant to Article 3 are opened in such a way that
                                                               charges may be made, without interruption , against
Supplementary shares drawn pursuant to Article 3               their cumulative shares of the Community quota.
shall be valid until 31 December 1975 .
                                                               2. Each Member State shall ensure that importers
                         Article 5                             of the said product established in its territory have
                                                               free access to the shares allocated to it.
A Member State which on 15 September 1975 has not
                                                               3 . The Member States shall charge against their
used up its initial share shall return to the reserve not      shares imports of the product in question, when the
later than 10 October 1975 the unused portion                  product is entered for home use .
exceeding 20 % of the initial amount. It may return a
greater portion if there are grounds for considering           4.    The extent to which a Member State has used up
that it may not be used up.                                    its share shall be determined on the basis of the
                                                               imports charged in accordance with paragraph 3 .
The Member States shall , not later than 10 October
 1975, notify to the Commission the total quantities of                                Article 8
yarn from silk waste imported up to and including 15
September 1975 and charged against the Community               The Member States shall regularly inform the
tariff quota and any fractions of the initial share             Commission of imports actually charged against their
 returned to the reserve .                                     shares .
                         Article 6                                                     Article 9
The Commission shall keep an account of the shares             The Member States and the Commission shall coop­
opened by the Member States pursuant to Articles 2              erate closely to ensure that this Regulation is
 and 3 and shall , as soon as it has been notified , inform     observed .
 each State of the extent to which the reserve has been
 used up .                                                                             Article 10
 It shall inform the Member States not later than 15           This Regulation shall enter into force on 1 January
 October 1975 of the amount held in reserve after               1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 September 1974.
                                                                           For the Council
                                                                             The President
                                                                            Ch . PONCELET