CELEX: 51978PC0611
Language: en
Date: 1978-11-17
Title: DRAFT COUNCIL REGULATION (EEC) OPENING, ALLOCATING, PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RAW SILK (NOT THROWN) FALLING WITHIN THE HEADING N° 50.02 OF THE COMMON CUSTOMS TARIFF FOR 1979#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 THE HEADING N° EX 50.04 OF THE COMMON CUSTOMS TARIFF FOR 1979#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 ex. 50.05 A OF THE COMMON CUSTOMS TARIFF FOR 1979. (Submitted by the Commission to the Council)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 611
Vol. 1978/0235
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(78)611 final
                                                Brussels , 17 November 1978
                      DRAFT COUNCIL REGULATION (EEC )
        OPENING , ALLOCATING ,PROVIDING FOR THE ADMINISTRATION
        OF A COMMUNITY TARIFF QUOTA FOR RAW SILK (NOT THROWN)
        FALLING WITHIN THE HEADING N° 50.02 OF THE COMMON
                              CUSTOMS TARIFF FOR 1979
                      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 THE HEADING N° EX 50.04
                         OF THE COMMON CUSTOMS TARIFF FOR 1979
                            fît
            /.
             •ν
                  S > DRAFT" COUNCIL REGULATION (EEC )
          /:■
         OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION
         -v         ?
         OF A COMMUNITY TARIFF QUOTA FOR YARN SPUN ENTIRELY FROM
         SILK WASTE OTHER THAN NOIL , NOT PUT UP FOR RETAIL SALE ,
              \ ;
         FALLING WITHIN SUBHEADING ex . 50.05 A OF THE COMMON
                                 CUSTOMS TARIFF FOR 1979 .
                      ( Submitted "by the Commission to the Council)
 COM(78)611 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
A further study of the situation as regards raw silk (not thrown) ,
yarn entirely of silk , other than yarn of noil or other waste silk ,
and yarn spun entirely from silk waste other than noil was carried
out by Commission departments with experts of the Member States at
two meetings of the Working Party on Tariff Economy held in April
and in September 1978 under aegis of the Commission .
                              /
As in previous years , general opinion was in favour of maintaining
the status quo .
The discussion produced the following information :
( 1 ) As regards raw silk ( not thrown)
For a number of years , Community production has been at very low levels
and only takes place in certain regions in Italy .
This reduction in production was due to several factors , in particular
the fact that production was organized on the basis of small undertakings
inadequately rationalized or modernized and also the fact that competetion
from some non-member countries , in particular the People 's Republic of
China , brought a huge quantity of high-quality goods at very advantageous,
prices on to the Community market .
The Community had at the time focussed attention on the importance to
the EEC of maintaining Community production of raw silk . Because of
this policy , efforts were made in Italy to modernize and rationalize ,
activity through investments of the order of billions of Italian lire ,
with assistance from the Community ( EAGGF) or from the State , the
regions , the Cassa del Mezzogiorno and individual farmers . The
purpose of these efforts was to ensure a gradual increase in production
in the future .
 In view of this situation , it appears that an extension of the term
of validity of the tariff quota scheme now in force would guarantee
 Community supplies and enable the development of Community production
 to be kept track of without prejudicing its future prospects .
 ---pagebreak---      According to present estimates / the level of Community production
in 1979 will be similar to that of 1978 , which totalled 40 tonnes
approximately .
                                              •' I
     Furthermore , Member States' estimatesshow that their import requirements
will be in the region of a total of 4.200 tonnes .                    <   This
figure was therefore adopted as the initial quota volume in the attached
draft regulation . It does not however exclude the possibility of future
adjustments in the course of the year .            -
( 2 ) As regards yarn        entirely of silk or silk waste :
                    I
                                   \  '
     The yarn in question is . of certain very specific qualities , which are
classified under tariff heading Noex50 . 04 /                   for which there
are no statistical subdivisions .       In the absence of statistics on this yarn
it has been necessary , for t-he purpose of determining the amounts of the
quotas , to make use of the estimates concerning import requirements
submitted by the Member States .     Total requirements for 1979 amount to
60     tonnes     of silk yarn and 200      tonnes    of yarn spun from silk
waste other than noil .     These figures have been adopted for the tariff
quotas in the draft regulations attached to this document .
     As regards quota duties , the Commission has no information that
would lead it to alter the 1978 rates , i.e. , 2.5% for silk yarn and
1% for yarn spun from silk waste other than noil ;       exemption from the
duty on raw silk      is again proposed for 197 9 .
 ---pagebreak---                                                           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 ( 1979)
Till; COUNCIL OF THE EUROPEAN                               Whereas, in view of these factors, the initial percen­
COMMUNITIES,                                                tage shares in the quota volume for 1979 can be
                                                            expressed approximately as follows :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28                    Bénélux                                0.15
thereof.                                                            Denmark                                 0.15
                                                                    Germany                                 5.90
                                                                    France                                29.45
Having regard to the draft Regulation submitted by                  Ireland                                 0.15
the Commission ,                                                                                          58.90
                                                                    Italy
                                                                    United Kingdom                          5.30
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 all the Member States,
non-member countries ; whereas it is in the interests       the quota should be divided into two tranches, the
of the Community to suspend totally the Common              first being distributed among the Member States and
Customs Tariff duty on the product in question,             the second to form a reserve intended to cover any
within the limits of a Community tariff quota, the          subsequent requirements of Member States who have
volume of which could be set provisionally at 4 200         used up their initial shares ; whereas,, in order to
tonnes for 1979 ;                                           ensure a certain degree of security for importers of
                                                            each Member State, the first tranche should in this
                                                            case be fixed at 81 % of the total quota ;
Whereas it is desirable at the present time to avoid
final measures that could lead to the halting of action
taken in the sector over a number of years to increase
Community production ; whereas, under such condi­
tions, it is advisable to extend th«/ system in force in
                                                            Whereas the initial shares may be used up at different
                                                            rates ; whereas, to provide for this eventuality and to
 1V7 &                                tariff                avoid disruption of supplies, any Member State which
                                                            has almost used up its initial share should draw an
                                                            additional share from the reserve ; whereas this should
Whereas Community production does not appear to
have changed considerably when compared with                be done by each Member State when each of its addi­
 1978 ; whereas, taking account of this production and      tional shares has been almost used up, and so on as
of the forecasts for 1 979, the imports needed to satisfy   many times as the reserve allows ; whereas the initial
                                                            and additional shares should be valid until the end of
consumption within the Community can be estimated
at 4?00 tonnes ; whereas the fixing of the quota            the quota period ; whereas this form of administration
amount at this level does not preclude an adjustment        requires close collaboration between Member States
within the quota period ;                                   and the Commission, which latter must> in particular,
                                                            be able to keep a record of the extent to wtyich the tariff
                                                            quota has been used up and to inform the Member
Whereas equal and continuous access to the quota            States accordingly ;
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
question until the quota is used up ; whereas a system      Whereas if, at a- given date in the quota period, a
ol utilization of the Community tariff quota, based on      considerable quantity of the initial share is left over in
 an allocation between the Member States concerned,         a Member State, it is essential that that Member State
 would, in the light of the principles outlined above,      should return a significant proportion to the reserve,
 appear consistent with the Community nature of the         so as to avoid a part of the quota remaining unused in
 quota ;                                                    one Member State when it could be used in others ;
 ---pagebreak---                                                    2
Whereas, since the Kingdom of Belgium , the                  This procedure shall apply until the reserve is used
Kingdom of the Netherlands and the Grand Duchy of            up .
Luxembourg arc united within and jointly represented
by the Benelux Economic Union, any measure                   4. By way of derogation from paragraphs 1 , 2 and
concerning the administration of the shares allocated        3, Member States may draw lesser shares than those
to that economic union may be carried out by any             specified therein if there are grounds for believing
one of its members,                                          that those specified may not be used in full. They
                                                             shall inform the Commission of their reasons for
                                                             applying this paragraph .
HAS ADOPTED THIS REGULATION :
                                                                                     'Article 4
                          Artide 1
                                                             Additional shares drawn pursuant to Article 3 shall be
From 1 January to 31 December 19 7*, the auto­               valid until 31 December 1979 .
nomous duty of the Common Customs Tariff for raw
silk (not thrown) falling within heading No 50.02,
shall be totally suspended within a Community tariff                                  Article 5
quota of 4210 tonnes.
                                                             Member States shall return to the reserve, not later
                          Article 2        '                 than 1 October 1979, the unused portions of their
                                                             initial shares which , on 15 September 1979, are in
I.    A first tranche of 3395 tonnes of this Commu­          excess of 3. 0 % of the initial amounts. «They may
nity tariff quota shall be allocated among the Member        return a greater portion if there are grounds for
States. Member States' shares, which, subject to Article   . believing that such portion may not be used up.
5, shall be valid until 31 December 1979, shall be as
follows :                                                    Member States shall notify the Commission, not later
                                        (tonnes)             than 1 October 1979, of the total quantities of the raw
                                                             silk imported up to and including 15 September 1979
        Bénélux                                5
                                                             and charged against the Community quota .and of any
        Denmark                                5
                                                             portion of their initial shares returned to the reserve.
        Germany                              200
        France                            1 000
        Ireland                                5                                      Article 6
        Italy <                           2 000
        United Kingdom                       180             The Commission shall keep an account of the shares
                                                             opened by the Member States pursuant to Articles 2
2.    The second tranche of 805 tonnes shall consti­         and 3 and, as soon as it has been notified , shall inform
tute the reserve.                                            each State of the extent to which ( he reserve has been
                                                             used up.
                        ^ Artide 3
                                                             It shall inform the Member States, not later than 5
1.    If 90 % or more of a Mcnlber State s initial share     October 1979, of the reserve position after
as fixed in Article 2(1 ), or of that share minus any        amounts have been returned thereto pursuant to
portion returned to the reserve where Article 5 has          Article 5.
been applied , has been used up, that Member State
shall forthwith , by notifying the Commission, draw a        It shall ensure that the drawing which exhausts the
second share, to the extent that the reserve so permits,     reserve does not exceed the balance available , and to
equal to 10 % of its initial share, rounded up as neces­     this end shall notify the amount of that balance to the
sary to the next whole number,                               Member State making the last drawing.
                                      \
2. If, after its initial share has been used up, 90 %
or more of the second share drawn by a Member State                                   Article 7
has been used up, that Member State shall forthwith ,
in the manner and to the extent provided in para­             I.    Member' States     shall    take   all    appropriate
graph I , draw a third share equal to 5 ?/o of its initial   measures    to ensure    that   additional    shares  drawn
share .    .                        - . '        '           pursuant to Article 3 are opened in such a way that
                                                             imports may be charged without interruption against
3 . If, after its second share has been used up, 90 %        their aggregate shares of the Community quota.
or more of the third share drawn by a Member State
has been used up, that Member State shall forthwith,         2. Member States shall ensure that importers of the
in accordance with the same conditions, draw a fourth        product in question established in their territory have
share equal to the third.                                    free access to the shares allocated to them .
 ---pagebreak---                                                           3
3. Member States shall charge imports of the                                      Article 9
product in question against their shares as the product
is entered with the customs authorities for home use .
                                                            Member States and the Commission shall cooperate
4. The extent to which a Member State has used up           closely to ensure that this Regulation is complied
                                                            with .
its share shall be determined according to the condi­
tions in paragraph 3.
                       Article 8                                                  Article 10 .
At . the Commissions request, Member States shall
inform it of the imports actually charged against their     This Regulation shall enter into force on 1 January
shares.                                                     1979 .
             This Regulation shall be binding in its eniirety and directly applicable in all Member
             States.
             Done at Brussels.
                                                                       For the Council
                                                                        The President
 ---pagebreak---                                                             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 ( 1979)
    Till: COUNCIL OP . THE EUROPEAN
    COMMUNITIES,
                                                                  down for the tariff quota should be applied consist­
                                                                  ently to all imports of the product in question until
                                                                  the quota is used up ; whereas a system of utilization
     Having regard to the Treaty establishing the European       of the Community tariff quota, based on an allocation
    Economic Community, and in particular Article 28             between the Member States concerned, would, in the
    thereof,                                                     light Of the principles outlined above, appear
                                                               . 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 ;
                                                                                 ex
   Whereas, consequently. Community supply for those            Whereas the imports of the products - falling within
   qualities of yarn depends to a considerable extent on        heading No '50.04 of each of the Member States
   imports ; whereas full application of the Common             concerned during the last three years for which
   Customs Tariff duty would result in those products           complete statistics are available represent the
   being subjected to a considerable customs charge             following percentages of total Community imports of
  wink- products manufactured from silk yarn face               these products :
  powerful competition from similar products manufac­                                                    1975       1976 1977
  tured from other material ; whereas an insufficient
  supply, added to competition at finished product level,       Bénélux                                   0               0
  might have adverse effects / the Community's                  Denmark                                  o
                                                                                                                  ■  0
                                                                                                                          0
  processing industries ;            'for                                                                            0-7
          '                    •»
                                                               Germany                                  43 - 15      70  91.565
                                                                France                                  25- 16      10-4  0
  whereas the Common Customs Tariff duty applicable            Ireland                                   005         0-4  0.332
  to imports of the silk yarn in question is 7%.;              Italy                                    21-58       76-0  1.236
 whereas, when fixing the quota duty, it is appropriate        United Kingdom                           10-06        5-5  6.867
 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
abovcmcntioned requirements ;                                  shares in the quota volume can be expressed approxi­
                                                               mately as follows :
Whereas the trends in imports            in recent years
suggest that the import requirements for the yarns in
question might be in the region of 60 tonnes for
 I y79 ; whereas the opening of a Community tariff                      Bénélux                               2-5
quota of that volume is unlikely to harm Community                      Denmark                               2-5
production :                                                            Germany                             25-0
     r
                                                                        France                              300
                                                                        Ireland                               2-5
Whereas equal and continuous access to the quota                        Italy                               27-5
should be ensured for all importers and the rate laid v                 United Kingdom                      10-0
 ---pagebreak---                                                                            2
        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 1979, 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                     Bénélux                                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 in this Case                Ireland                                1
   be 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
t ar if fjuota 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 arc 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 I , 2 and
         From I January to 31 December 1979 the auto­                  3, Member States may draw lesser shares than those
        nomous duty of the Common Customs Tariff for yarn              specified therein if there arc 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 2                                                        Article 4
         I. 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 1979 .
 ---pagebreak---                          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 197 9, the unused portions of their
 initial shares which, on 15 September 1979, 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 1979, 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.
  197 9 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                     '            A rticle 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 1979, of the        reserve position after
.amounts have been returned thereto pursuant to                                      Article 9
 Article 5.                                          1 ■
 It shall ensure that the drawing which exhausts the          Member States and the Commissioil shall cooperate
 reserve does not exceed the balance available, and to        closely to ensure that this Regulation is complied
 this end shall notify the amount of that balance to the      with .
 Member State making the last drawing.
                                                                                     Article 10
                         Article 7
 1.    Member States       shall  take  all    appropriate    This Regulation shall enter into focce on 1 January
 measures    to ensure   that additional    shares drawn   .  1979 .
               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)
              opening, allocating and providing for the administration of a Community tariff
              quota for yam, 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
                                                        ( 1979)
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      SUD-
Whereas, consequently, Community supplies of those              heading No 50.05Aof 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
powerful competition from similar products manufac­                                                   1975        1976   1977
tured from other material ; whereas an insufficient
supply, added to competition at finished product level,         Bénélux                                0          0       0
might have adverse effects on the                               Denmark                                0          0       0
processing industries ;                                         Germany                               56-6         116   52.298
                                                                France                                18-5       11-54    0
                                                                Ireland                                0 '        0 •     0
Whereas the Common Customs Tariff duty applicable               Italy                                 14-9       6215     0.261
to imports of the yarn spun from waste silk in ques­            United Kingdom                        10         2515    47.441
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
 the industries processing yarn spun from waste silk            shares in the quota volume can be expressed approxi­
                                                                mately as follows :
with regard to their supplies on favourable terms ;
whereas a quota duty of 1 % could best meet the
abovementioned requirements ;
                                                                         Bénélux                              0-613
 Whereas the trends in imports in recent years suggest                   Denmark                              0-613
 that Community import requirements for the yarns in                    Germany                             24-5 40
 question might be in the region of 200 tonnes for                       France                             12 -271
 197 9; whereas the opening of a Community tariff                        Ireland                              0-613
 quota of that volume is unlikely tp harm Community                      Italy                              30 -675
 production ; •                                                          United Kingdom                     30 -67 5
                                                                                                           Ï
                                                                                                             ' J
 ---pagebreak---                                                               2.
           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 1979, 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                 Bénélux                               I
           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                              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 u$cd 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 beqn 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
tariff     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 b? 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
                                                                      U P­
              '                      Article I
                                                                      4.    By way of derogation from paragraphs 1 , 2 and
           From I. January to 31 December 197 9 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
           spun entirely from silk waste other than noil, not put     that those specified may not be used in full. They
                                                                      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
                                     Artide 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 1979 .
 ---pagebreak---                                                                     3
                         Artide 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.
th.in ,1 October 1979, the unused portions of their
initial shares which, on 15 September 1979 , 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 1979, of the total quantities of yam          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
                                                             home use .
including 15 September 1979 and charged against the
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
                         Articlc 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                                  Artide 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 1979 of the reserve position 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
this end shall notify the amount of that balance to the      with .
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   1979.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.
                                                                         For the Council
                                                                          The President