CELEX: 51977PC0575
Language: en
Date: 1977-11-18
Title: Draft COUNCIL REGULATION (EEC) on the opening, allocating and administration of a Community tariff quota for raw silk (not thrown) falling within heading No 50.02 of the Common Customs Tariff for 1978#Draft COUNCIL REGULATION (EEC) on the opening, allocation and 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 heading No ex 50.04 of the Common Customs Tariff for 1978#Draft COUNCIL REGULATION (EEC) 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 subheading ex 50.05 A of the Common Customs Tariff for 1978 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 575
Vol. 1977/0188
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(77)575 final.
                                                   Brussels . 18 November 1977
                                      Draft
                           COUNCIL REGU ( EEC )
            on "the opening , allocating: and administration of a
         Community tariff quota for raw silk (not thrown ) falling
     within heading So 50.02 of the Common Customs Tariff for 1978
                                      Draft
                           COUNCIL REGULATION ( SEC )
            on the opening , allocation and 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
    heading No e* 50.04 of the Common Customs Tariff for 1978
                                      Draft
                           COUNCIL REGULATION ( SEC )
            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 subheading, ex 50.05 A
                     of the Common Customs Tariff for 1978
               ( submitted to the Council "by the Commission)
COM(77 ) 575 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 a
 meeting of the Working Party on Tariff Economy held in April 1977 under
 the 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 totally
 inadequate as it exists only 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 undertalings that had not been rationalized or modernized and
 also the fact that competition from Japan and the People 's Republic
 of China brought a huge quantity of high-quality goods at very
 advantageous prices on to the Community market .
      In recent years , however , efforts have been made in Italy to
modernize and rationalize activity through investments of the order
of billions of Italian lire , with the aid of either the Community
 ( EA66F ), the State , regions , " Cassa del Mezzogiorno " and individual
farmers .     These efforts should 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---                                      2
     According to present estimates , the level of Community production
in 1978 will be similar to that of 1977 , which totalled 40 metric tons
approximately .
     Furthermore , Member States 1 estimates how that their import requirements
will be in the region of a total of 3 800 metric tons , as in 1977 .       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 spun entirely of silk waste :
     The yarn in question is of certain very specific qualities , which are
classified under tariff heading Nos 50.04 ex 50.05 A , but for which there
are no statistical subdivisions .      In the absence of statistics on this yarn
it has been necessary , for the 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 1978 amount to
60 metric tons of silk yarn and 200 metric tons 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 1977 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 1978 .
 ---pagebreak---                    Draft Regulation ( EEC )          of the Council
            on the opening , allocation and administration of a Community
            tariff quota for raw silk ( not thrown ), falling within
            heading No 50.02 of the Common Customs Tariff ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 28 thereof .
Having regard to the draft Regulation submitted "by the Commission ,
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 therefore
depends to a great extent on imports from non-Member countries ;        whereas/
it is in the interests of the Community to suspend totally the Common
Customs Tariff duty on the product in question , within the limits of
a Community tariff quota , the volume of which could be set provisionally
at 3 800 •' tonnes    . . for 1978 ;                                 •
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
conditions , it is advisable to extend the system in force in 1977 ;
Whereas Community production does not appear to have changed considerably
when compared with 1977 ;      whereas , taking account if this production and
of the estimates for 1978 , the imports needed for consumption within the
Community can be estimated at 3 800 »fconnes ;          whereas the fixing of
the quota amount at this level does not preclude an adjustment within
the quota period ;
Whereas equal and continuous access to the quota should be ensured for
all Community importers and the rate laid down for the tariff quota should
be applied consistently to all imports of the product in question until
the quota is used up ; whereas a system of utilization of the Community
tariff quota , based on an allocation between the Member States concerned
would , in the light of the principles outlined above , appears consistent
with the Community nature of the quota ;                                      , ■
 ---pagebreak---         Whereas, in view of thc.sc factors, rhc initial
        percentage shares in rhc quota volume for li>78can
        be expressed approximately as follows:
       \\ Il.Tc .is. (<> I. t ! account ot future trends ir . import
       of liir pr < (villi, f       cil.'MlMM
       In all the Member States, the quota
       should be divided into two tranches ,.
      , the first being distributed among
      the Member States and the second
      to form a reserve intended to
      cover any subsequent requirements
      of Member States who have used up
      their initial shares ; whereas , in
      order to ensure a certain degree
     of security for importers of each
     Member States the first tranche
      should 'in this case be \                            - . 77%
     of the total quota ;
     \\ lifrc.'s tin* jiiiii.i ! sh.ui's rn.iy In* u ivJ up .\r . ! i r **■; r
    rate-.; nli.M., 10                 i,!,' i'.,r     o.i ,:.; . ht>\:n.i
    lo avoid ilisi upfioii of supplies, any Mei t'xr State
   which lias almost used up its initial share should
  draw an additional share from the reserve; whereas
  tins should he done by each Member State when
   each of its iddition.il shares has been almost used
; up, and so on as many times as the reserve allows;
: whereas the initial and additional shares should he
  valid until i he end of the quota period ; whereas
  this form of administration requires close collabor­
  ation between Member States and the Commission,
  which latter must, in particular, be able to keep
    a record of rhc extent to which the^quota^has been
    used up and to inform the Member States
  . accordingly ;
whereas if , at a given date in the quota
 perioa, a 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, so as
   to avoid a part of the quota remaining unused in
   one Member State when it could be used in others;
  Whereas, since the Kingdom of Belgium, the
  Kingdom of the Nciherl iiuls and the Grand Duchy
  of Luxembourg arc united within and jointly
  represented by the IV i,. lux Economic Union, any
  measure concerning the administration of the shares
  allocated ro that I'.onomic Union may be carried
  out by any one of its members,
 ---pagebreak--- HAS ADOPTED THIS RTGULATION :
                          Article 1
1 . I'rom 1 January to 31 December 1978 , the
autonomous duty of the Common Customs Tariff
for raw silk (not thrown ), falling within heading
No 50.02, shall he totally suspended within a Com­
munity tariff quota of 3 8 00. tonnes#
                           Article 2
                            2 915
 1 . A first tram he of '          tonnes of this Com­
 munity t.iriff (junta shall be allocated among the
Member States. Member States' shares which,
subject to Article 5, shall be valid until 31 December
 19 / 8 sli9lj.be as follows:
                                           in tonnes .^      i
           IVnelux
           Penmark                                   5
           Germany                         !       200
            Fr.incc                             1 000
           Irel.md                                   5
          Italy                                 1 500
          United Kingdom                           200
 2. The second tranche of 885 tonnes                   s^ajj
 constitute the reserve.
                            Article 3
    1 . If 90% or more of a Member Sr.m-'s iniri.il share
   as fixed in Article 2 ( 1 ), or of th.it sh.jrc minus any
   portion returned to [ he reserve where Article S h;is
   been applied , has been used up, that Member State
   shall forthwith , by notifying the Commission , draw
   a second share, to the extent th.it rhe reserve so
  permits, equal to 10'!o of its initial share, rounded
   up as necessary to the next whole number.
  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
  forthwith, in the manner and to the extent provided
  in paragraph 1 , draw a third share equal to 5% of
  its initial share.
 ---pagebreak---       3 . If, afrcr its second share has been used up, 90%
      or more of rhc third share drawn by a Member
      Slate has been used up, that Member State shall
      lortnwith, in accordance wi*h the same conditions,
      draw a i'ojrth share equal ro ." he third .
      This procedure shall apply until the reserve is used
      up .
      4. By way of derogation from paragraphs 1 , 2 and
     3, Member States may draw lesser shares than those
     specified therein if there arc grounds for believing
     that those specified may not be used in full. They
     shall inferm the Commission of their reasons for
     applying this paragraph.
                             Article 4
     Additional shares drawn pursuant to Article 3 shall
     be valid until 31 December 1978 .
                             Article S
    Member Stares shall return to the reserve, not later
    than 1 October 197g^thc unused portions o? their
    initial shares which, on 15 September 19"g . arc in
    excess of 20% of the initial amounts. Thev ir. jy
    return a greater portion if there are grounds for
    believing that such portion may not be used up.
   Member States shall notify the Commission, not later
   than 1 October 1978, of the total quantities ot* the
   raw silk imported up to and including 15 September
   1978 and charged against the Community quota and
   of any portion of their initial shares returned to
   the reserve.
                            Article 6
  The Commission shall keep an account of the shares
  opened by the Member States pursuant to Articles
 2 and .1 and, as soon as it has been notified, shall
 inform cull State of the extent to which the reserve
 has Invn used up.
 It shall inform the Member Sr-itrs not later than
 5 October 197.8 of the reserve position after
 nrnrunts
 Article 5 .
              have been returned tncrcto pursuant ro
It shali ensure that the drawing which exhausts the
reserve docs not exceed rhc balance available and
to this end, <. h.ili notify die amount of that balance
to the Memix . State making the last drawing.
 ---pagebreak---                                                      - 5 -
                                                                          Article 7
                                                 1 . Muii'ivr States shall take all Appropriate measures
                                                 to insure that additional shares drawn pursuant to
                                                 Article 2 are opened in such A way that imports
                                                 may he charged without interruption against their
                                                 aggregate shares of the Community quota.
                                                 2. Member States shall ensure that importers .
                                                                        established in their territory have
                                                 tree access to tiie shares allocated to them.
                                                3 . The extent to which a Member State has used
                                                 up its share shall be determined on the basis of the
                                                imports of the product in question entered with the
                                                customs authorities tor home use.
                                                                          Article 8
                                               At the Commission 's request, Member States shall
                                                inform it of the imports actually charged against
                                               their shares.
                                                                          Article 0
                                               Member States and the Commission shall cooperate
                                               closely to ensure that this Regulation is complied
                                               with.
                                                                         Article 10
                                               This Regulation         shall  enter   into   force   on   1
                                               January 1978 •
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 Regulation ( EEC ),                , of the Council
                            on the opening , allocation and administration of a Community
                             tariff quota for yarn entirely of silk othehthan 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 )
                                                                                                                    suggest
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    Whereas the trends in imports ^ in recent years /
                                                             that tjic imporr requirements for the yarns in
                                                           : question might be in the region of 60 .""tonnes
                                                             for 1978s; whereas the opening of a - Community
 Having regard to the Treaty establishing the                tariff quota of that volume is unlikely to harm ,
 European Economic Community, and in particular              Community production;
 Article 28 thereof ,     .
 Having regard to the draft Regulation submitted             Whcre&s equal and continuous access to the quota
 by the Commission*                                          should be ensured for all importers and the rate
                                                             laid down for the tariff quota should be applied
                                                             consistently to all imports of the product in question
  Whereas silk yarn is produced in the Community ;           until tlie quota is used up; whereas a system of
  whereas, although that production could cover all          utilization of the Community tariff quota, based on
  the Community requirements by reason of -its overall       an allocation between the Member States concerned ,
  volume, this does not apply with regard to 'yarn           would, in the light of the principles outlined above,
  entirely spun from silk; whereas there is, as a result,    appear consistent with the Community nature of the
  an insufficient supply in the Community;                   quota ; whereas, to represent as closely as possible
                                                          I the actual market trends in the product in question,
                                                             the allocation should be proportionate to the
                                                             requirements of the Member States calculated with
  Whereas consequently Community supply for those            reference to statistical data on imports during a
  qualities of yarn depends to a considerable extent         representative reference period and to the economic
 on imports ; whereas full application of the Common         prospects for the quota period in question:
 Customs Tariff duty 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
 insufficient supply, added to competition at ,
 finished product level , might have adverse effeci
Oil the Community's processing industries;                                                          ■••/••■
 Whereas the Common Customs Tariff duty
 applicable to imports of Hie silk yarn in question is
 7% ; whereas, when fixing the quota duty, it is
 appropriate 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 yam
 processing industries with regard to their supplies
 on favourable terms; whereas quota duty of 2-5%
 could best meet the abovementioned requirements;
 ---pagebreak---                                                                         - 2 -
       Whereas the imports of the products falling within                       Whereas if, at a given date in the quota period , a
       heading No 50.()4 of each of the Member' States
       concerned during the last three years for which                          considerable q» antity of the initiaL share . & leffc
       complete       untintic* are   available represent     the              over in a Member State , it is essential that
       following percentages of total Community imports
       of these products:
                                                                               that Member St«t « should return a orooortiof*
                                                                               to the reserve , so as to -avoid c                            ■
                                                                               C t ! ho rMAtr ? rpma 'ir> i r»" nnucpri in one                 Member
                                 1974
                                         1125.      1976                 ! Whcreas^ snJce M                                       ,<£ ^r s ;
                                                                         ; dom of the Netherlands and the Grarid Duchy of
                                                                         j Luxembourg arc united within and jointly
                                                                         I represented by the Benelux Economic Union, any
                                                                          , measure concerning the administration of the shares .
                                                                                allocated to that Economic Union may be carried
                                                                          r out by any one of its members,                 ■   . ■;
                                                                               HAS ADOPTED THIS REGULATION :
      Whereas, in view of these factors and of the forecasts                                             Article 1
       which it is possible to make, the initial percentage
       shares in the quota volume can be expressed
       approximately as follows:
                                                                                  1 . From 1 January to 31 December 1978 the •
               Benelux                             2.5    V
                                                                           1 . autonomous duty of the Common Customs Tariff V
                                                                                  for yarn entirely of silk, other than yarn of noil or
               Denmark                             2.5      ;                j other waste silk, not put up for retail sale, falling
               Germany                            25              -          ! within heading No ex 50.04 shall be suspended at
               France
                                                                              : 2-5% within a Community tariff quota of 60 tonnes .
                                                  30   -
               Ireland                             2.5
               Ii aly                             27.5
              United Kingdom                      10                       j          !                  Article 2
Whereas , to take account of future trends                                ι     -     ·
 in imports of the product in question                                    ! 1 . A first tranche of 40 tonnes . of this Com­
in the various Member States the quota                                         munity tariff quota shall be allocated among the
                                                                               Member States. Member States* shares which, subject
should be divided into two tranches , the                                      to Article      r.hall be valid until 31 December 1978/
first being distributed among the Member                                        shall be as follows:                             A
States and the second to form a reserve                                                                              •       in tonnes -
intended to cover any subsequent require­
ments of Member States who have used up                                                 Bénélux                                     1
their initial shares ; whereas in order                                                 Denmark                                     1
to ensure a certain degree of security                                                  Germany                                   10
for importers of each Member State the
first tranche should in this efts®                                                      France                                    12
  ... 67% of the total quota ;                                                          Irelanq                                     1
        Whereas the initial shares may be used up at different
                                                                                        Italy                                     11 .
        rates; whereas, to provide for this eventuality and
        to avoid disruption of supplies, any Member State                               United Kingdom                              4
        which has almost used up its initial share should
 ^      draw an additional share from rhe reserve ; whereas                    2. The second tranche of £0            . tonnes         shall
        this should be clone by each Member State when                         constitute the reserve.
        each of its additional shares has been almost used \
        up, and . so on as many times as the reserve allows ; '
        whereas the initial and additional shares should be                          %                   Article 3
        valid until the cud of the quota period ; whereas this
        form of administration requires close collaboration                    1 . If 90% or more of a Member State's initial share
        between Member States and the Commission, which                        as fixed in Article 2 (1 ), or of that share minus any
        latter must be able to keep a record of the extent
        to which thc|<ftTo\I lias been used up and to inform                                                              >••/ •••
        the Member States accordingly;
                                                                    JL'
 ---pagebreak---                                                                     - ó -
  portion returned to the reserve where Article 5 has                                          Article 6
  In i'ii .ipi'liiil , has been iisw'tl up , tli.u Member Si.uo
  shall forthwith , by notifying the Commission, draw                The Commission shall keep an account of the sh.ins
  a sivond share, to the extent that the reserve so                  opened by the Member States pursuant to Articles
  permit*, equal to 10% of its initial share, rounded                i and .1 and , as soon as it has been notified, shall
  up as necessary to the next whole number.                          inform each State of the extent to which the reserve
                                                                     has been used up.
  2 . If, after its initial share lias been used up, 90%             It shall inform the Member States, not later than
  or more of the second share drawn by a Member                      5 , October 19.8        of the reserve position flfter
  State lias been used up, that Member State shall                   amounts have been returned thereto pursuant to
 forthwith, in the manner and to the extent provided                 Article 5 .
  in paragraph 1 , draw a third share equal to 5% of
 its initial chare.                                                  It shall ensure that the drawing which exhausts the
                                                                     reserv .- does not exceed the balance available and to
                                                                     this c,id, shall notify the amount of that balance to
                                                                     the Member State making the last drawing.
 3 . It, after its second share has been used up, 90%
 or more of the third share drawn by a Member State
 has been used up, that Member State shall forthwith,                                          Article 7
 in accordance with the same conditions, draw a
 fourth share equal to the third.
                                                                     1 . Member States shall take all appropriate measures
                                                                     to enmre that additional shares drawn pursuant to
This procedure shall apply until the reserve is used                 Article 3 are opened in such a way that imports may
up .
                                                                     be charged without interruption against their
                                                                     aggregate share: of the Community quota.
4. i\y way of derogation from paragraphs 1 , 2 and 3,                2. Member States shall ensure that importers
Member States may draw lesser shares than those                                            i established in their territory have
                                                                     f ree access to the shares allocated to them .
specified therein if there arc grounds for believing
that those specified may not be used in full. They
shall inform the Commission of their reasons for                     3 . Member States shall charge against their shares
applying this paragraph.                                             impoits of the product in question as and when the
                                                                     product is entered with the customs authorities
                                                                     for home use.
                              Article 4                              4. The extent to which a Member Stare has used
                                                                     up its share shall be determined on the basis of the
                                                                     imports charged in accordance with paragraph 3.
Additional shares drawn pursuant to Article 3 shall
be valid until 3 1 December 197 8
                                                                                               Article 8
                              Article S                              At the Commission's request, Member States shall
                                                                     inform it of the imports actually charged against
                                                                     their shares.
Member States shall return to the reserve, not later
than 1 October 1978 the unused portions of their
initial shares which, on 15 September 1978 , are in                                            Article 9
excess of 20% of the initial amounts. They may
return a greater portion if there arc grounds for                    Member States and the Commission shall cooperate
believing that such portion may not be used up.                      closely to ensure that this Regulation is complied
                                                                     with.
Menilvr States shall notify the Commission, not
later tb«n 1 October 1978 of the total quantities of                                          Article 10
silk yam imported up to and including 15 September
 197 8 and charged against the Community quota and
of any portion of their initial shares returned to the               This Regulation shall enter into force on 1 January
reserve .                                                            1978 .
                     '1 his Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at    Brussels .
                                                                                          For the Council
                                                                                             The President
 ---pagebreak---                                Draft Regulation ( EEC )                      of the Council
                    on t c opening, allocation and administration of a Community tariff quota for yarn,
                   subheading
                          eading
                                        ?v                  "oil' not Put UP for retail sale falling within
                                        ex 55.05 A of the Common Customs Tariff (1978 )
      THF. COUNCIL OF THE EUROPEAN COMMUNITIES,                    Whereas equal and continuous access to the quota
                                                                   should be ensured for all importers and the rate
                                                                   laid down for the tariff quota should be applied
                                                                   consistently to all imports of the product in question
      Having regard to the Treaty establishing the j             ; until the quota is used up ; whereas a system of
      European Economic Community, and in particular               utilization of the Community tariff quota , based
      Article 28 thereof.
                                                                   on    an   allocation between    the ' Member   States
                                                                i concerned, would, in the light of the .principles
      Having regard to the draft Regulation submitted          | outlined above, appear consistent with the Cum-
     by the Commission ,                                       i munity nature of the quota ; whereas, to represent
                                                                   as closely as possible the actual market trends in the
                                                                   product in question, ' the allocation should be
                                                               I proportionate to the requirements of the Member
                                                                   States calculated with reference to statistical data
     Whereas yarn spun from waste silk is produced in              on imports during a representative reference period
     the Community ; whereas, although that production             and to the economic prospects for the quota period
     should cover all the Community requirements by                in question :
     reason of its overall volume, this docs not apply
     with regard to yarn entirely spun from waste silk ;
     whereas there is, as a result, an insufficient supply
     in the Community;
     Whereas, consequently, Community supplies of those
     qualities of yarn depend to a considerable extent
     on imports ; whereas full application of the Common
    Customs Tariff duty 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
    insufficient supply, added to competition at finished '
   Pfoduct level, might have adverse effects on j
   '•'1e           processing industries ;
■ Whereas the Common Customs Tariff duty applicable
  to imports of the yarn spun from waste silk in
  question is 3-5% ; whereas, when fixing the quota
  duty, it is appropriate to take into account, on the
  one hand, the situation of the Community industry
  producing yarn spun from waste silk and, on the
  other, that 6f the industries processing yarn spun
  from waste silk with regard to their supplies on
 favourable terms ; whereas a quota duty of 1% could
  best meet the abovementioned requirements:
 \\ hereas the trends in imports in recent years suggest
 t "al                import requirements for the yarns in
 question might be in the region of 200 .tonnes
 for 197 8, whereas the opening of a Community '
 tariff quota of that volume is unlikely to harm
 Community production :
 ---pagebreak---                                                               - <2 -
        Whereas the imports of the products falling within 8ufc.«» Whereas if, at a Riven date in the quota period , a
ading      • ex 55.05 A of each of the Member States ,                  considerable qi antity of the initiaL shape is Left
        ooiitemcd during the last three years for which
        complete statistic# arc available represent the
                                                                      over in a Member State , it is essential that
        following percentages of total Community imporrs              that Member State should return a oroocrtiori
        of these products :                                           to the reserve , so - as to -sveid c pert
                                                                      of tWe quota, regaining unus^H in one Member
                              I 1974 1975        1976                 "           "hsSSc t£c l'îniUl.f                 ,fi? ta»
                                                  0                    dom of the Netherlands and the Grand Duchy of
        Bénélux
        Dcnmark
                              ' i 0
                              j 0 0               0
                                                                        Luxembourg arc united within and jointly
                                                                        represented by the Benelux Economic Union, any
        Germany               i 50     56.6       1.16                  measure concerning the administration of the shares .
                                                                        allocated to that Economic Union may be carried
        France                 ' 10 18.5.        11.54
                                                                     • out by any one of its members,                  ' • .
        Ireland                   0 ,0            0
        Italy                    33    14.9     62.15
                                                                       HAS ADOPTED THIS REGULATION :
        United Kingdom            6    10       25.15 ;
        Whereas, in view of these factors and of the forecasts                *                 Article 1
        which it is possible to make, the initial percentage
        shares in the quota volume can be expressed                      1 . From 1 January to 31 December 197° , the
        approximately as follows:                                       autonomous duty of the Common Customs Tariff
                                                                        for yarn, spun entirely from silk waste other than '
                 Bénélux                              0-6               noil, not put up for retail sale, falling within subheading
                 Dcnmark                              06                No cx 50.05 shall be suspended- at 1% within a
   /                                                24.5
                                                                        Community tariff quota of200 "tonnes .
                 Germany
                 France                             12.3
                 Ireland                              0-6
                                                    30.7                                        Article 2
                 halv
                 Unitcil Kingdom                    30.7
                                                    «3U « f
                                                                                                    t•
                                                                          1 . A first tranche of 16 .3 tonnes      of this Com­
   Whereas , to take account of future trends                            munity tariff quota shall be allocated among the
   in imports of the product in question                               : Member States. Member State's shares which, subject
   in the various Member States the quota                                to Article 5, shall be valid until 31 December 19>8>
   should be divided into two tranches , the                             shall be as follows:
   first being distributed among the Member
                                                                                                                  in tonnes
   States and the second to form a reserve
   intended to cover any subsequent require­                                     Bénélux                                  1
   ments of Member States who have used up                                       Dcnmark                                  1   '
   their initial shares ; whereas in order                                       Germany                                40
   to ensure a certain degree of security                                        France                                 20
   for importers of each Member State                       the                  Ireland                                  1
   first tranche should in this case be v                                        Italy                                  50
    . ; 82% of the total quota ;                                                                                        50
          Whereas the initial shares may be used up at different                 United Kingdom
          rates; whereas, to provide for this eventuality and
          to avoid disruption of supplies, any Member State             2. The second tranche of 37            tonnes , shall
          whieh has almost used up its initial share should             constitute the reserve.           *
          draw an additional share from rhe reserve ; whereas
           this should be done by each Member State when
          each of its additional shares has been almost used                                    Article 3
           up, and so on an many times as the reserve allows;
           whereas the initial and additional shares should be          1 . If 90% o,; more of a Member State's initial share
           valid until the end of the quota period ; whereas this       as fixed in Article 2 (1 ), or of that share minus any
           form of administration requires close collaboration
           between Member States and the Commission, which
           iattcr musr be able to keep a record of the extent
          to v, hich thet<ftTo\I lias been used up and to inform
          the Member States accordingly;
 ---pagebreak---                                                                - 3 -        _
  portion rciuriuM' to die reserve where Article 5 has                                    Ar.'icU' 6
  ( HI II applied, h.»s been used up, tli.it Member State
 shall forthwith, by noticing the Commission, draw             The Commission shall keep an account ot the s'v.u-.
 a second share, to the extent that the reserve so              opened by the Member States pursi:a:-.t to Ar:ieKs
 permits, equal tc 10% of its initial share, rounded            2 anil 3 and, as soon as it has been r.otificJ. »!u!l
  up as necessary to the next whole number.                     inform each State of the extent to whish the reserve
                                                                has been used up.
 2. If, .liter its initial share has been used up, 90 to        It shall inform the Member States, not Liter than
 or more of ihc second share drawn by a Member                  5 October 19/8 of the reserve position after
 State has been used up, that Member State shall                amouiKs have been returned thereto pursuant to
 forthwith , in the manner and to the extent provided           Article 5 .
 in paragraph 1 , draw a third share equal to 5%
 of its initial share.
                                                                It shall ensure that the drawing which exhausts the
                                                                reserve docs not exceed the balance available and
3. If, after its second share has been used up, 90%             to this end , shall notify the amount of that balance
                                                                to the Member State making the last drawing.
or more of the third share drawn by a Member
State has been used up, that Member State shall                                                                          . V
forthwith, in accordance with the same conditions,                                         Article 7
draw a fourth share equal to the third.
                                                                1 . Member      States      shall   take    all appropriate
                                                                measures to ensure that additional shares drawn
This procedure shall apply until the reserve is used            pursuant to Article 3 arc opened in such a way
up.
                                                                that imports may be charged without interruption .
                                                                against their aggregate shares of the Community
                                                                quota.
4 . By way of derogation from paragraphs 1 , 2 and
3, Member States may draw lesser shares than those
specified therein if there arc grounds for believing           2. Member States shall ensure that importers
that those specified may not be used in full. They                                           . established in their territory
shall inform the Commission of their reasons for                have free access to the shares allocated to them .
applying this paragraph.
                                                               3 . Member States shall charge against their shares
                                                                imports of the product in question as and when
                                                                the product is entered with the customs authorities
                           Article 4                            for home use.
                                                                4. The extent to which a Member State has us-d
Additional shares drawn pursuant to Article 3 shall             up its share shall be determined on the basis of the
be valid until 31 December 197 8 .                              imports charged in accordance with paragraph 3.
                                                                                           Article 8
                           Article 5
                                                                At t,pc Commission's request, Member States shall
                                                                inform it of the imports actually charged against their
Member States shall rrturn to the reserve, not later            shares.
than 1 October IS .7 8 ie unused portions of their
initial shares which, on 15 September 197 $ arc 'n
excess of 20% of the initial amounts. They may                                             Article 9
return a greater portion if there are grounds for
believing that 'such portion may not be used up.                Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied
                                                                with. "
Member States shall notify the Commission, not
later than 1 October 1978 of the total quantities
of yarn from silk waste imported up to and including                                      Article 10
15 September 197 8 and charged against the Com­
munity quota and of any portions of their initial              This Regulation           shall     enter   into   force      on
shares returned to the reserve.                                 1 January 197 8.
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                          Done at Brussels ,
                                                                                       '      Tor the Council
                                                                                     •• 'T /; - The President