CELEX: 31976R3012
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3012/76 of 9 December 1976 on the opening, allocation and administration of a Community tariff quota for yarn, spun entirely from silk waste other than noil, not put up for retail sale, falling within heading No ex 50.05 of the Common Customs Tariff (1977)

14 . 12 . 76                          Official Journal of the European Communities                         No L 344/7
                                     COUNCIL REGULATION (EEC) No 3012/76
                                                   of 9 December 1976
               on the opening , allocation and administration of a Community tariff quota for
               yarn , spun entirely from silk waste other than noil , not put up for retail sale,
                 falling within heading No ex 50.05 of the Common Customs Tariff ( 1977)
THE COUNCIL OF THE EUROPEAN                                      imports ; whereas full application of the Common
COMMUNITIES,                                                     Customs Tariff duty would result in those products
                                                                being subjected to a considerable customs charge
                                                                while products manufactured from silk yarn face
Having regard to the Treaty establishing the European            powerful competition from similar products manufac­
Economic Community, and in particular Article 28                 tured from other material ; whereas an insufficient
thereof,                                                         supply, added to competition at finished product level,
                                                                 might have adverse results for the Community's
                                                                 processing industries ;
Having regard to the draft Regulation submitted by
the Commission ,
Whereas, in accordance with the resolution passed at             whereas the Common Customs Tariff duty applicable
its meeting from 29 to 31 May 1967, the Council, by              to imports of the yarn spun from waste silk in ques­
its Regulation (EEC) No 323/70 (') reintroduced, until           tion is 3-5 % ; whereas, when fixing the quota duty, it
31 December 1976, the 7 % autonomous duty of the                 is appropriate to take into account, on the one hand,
Common Customs Tariff for yarn, spun entirely from               the situation of the Community industry producing
silk waste other than noil, not put up for retail sale,          yarn spun from waste silk and, on the other, that of
falling within heading No ex 50.05 ; whereas the                 the industries processing yarn spun from waste silk
conventional duty for that product is 3-5 % ;                    with regard to their supplies on favourable terms ;
                                                                 whereas a quota duty of 1 % could best meet the
                                                                 abovementioned requirements ;
Whereas      the   aforementioned       resolution   further
provides for the opening, in respect of that period and
for such yarn , of an annual Community tariff quota
with reduced duty or nil duty, and for a re-examina­
tion of the sectoral situation in           1976 ; whereas,      Whereas the trends in imports during 1975 suggest
however, major investments have been made in Italy               that Community import requirements for the yarns in
for this purpose with the assistance of the State, the           question might be in the region of 250 metric tons for
regions and individual persons ; whereas the Commu­               1977 ; whereas the opening of a Community tariff
nity has made contributions to these efforts in the              quota of that volume is unlikely to harm Community
form of supplementary aid ; whereas for yarn spun                production ;
entirely from silk, it is appropriate to follow a policy
analagous to that which is proposed for raw silk ;
whereas under such conditions, it is advisable to
extend the system now in force to enable a close obser­
vation to be kept on Italian production ;                        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 consist­
Whereas yarn spun from waste silk is produced in the             ently to all imports of the product in question until
Community ; whereas, although that production                    the quota is used up ; whereas a system of utilization
should cover all the Community requirements by                   of the Community tariff quota, based on an allocation
reason of its overall volume, this does not apply with           between the Member States concerned, would, in the
regard to yam entirely spun from waste silk ; whereas            light of the principles outlined above, appear
there is, as a result, an insufficient supply in the             consistent with the Community nature of the quota ;
Community ;                                                      whereas, to represent as closely as possible the actual
                                                                 market trends in the product in question , the alloca­
                                                                 tion should be proportionate to the requirements of
Whereas, consequently, Community supplies of those               the Member States calculated with reference to statis­
qualities of yarn depend to a considerable extent on             tical data on imports during a representative reference
                                                                 period and to the economic prospects for the quota
(') OJ No L 43 , 24. 2. 1970, p. 8 .                             period in question ;
 ---pagebreak--- No L 344/8                         Official Journal of the European Communities                                14. 12. 76
Whereas the imports of the products falling within           a Member State, it is essential that that Member State
heading No 50.05 of each of the Member States                should return a significant proportion to the reserve,
concerned during the last three years for which              so as to avoid a part of the quota remaining unused in
complete statistics are available represent the              one Member State when it could be used in others ;
following percentages of total Community imports of
these products :                                             Whereas, since the Kingdom of Belgium, the
                             1973       1974        1975      Kingdom of the Netherlands and the Grand Duchy of
                                                              Luxembourg are united within and jointly represented
Benelux                        1-5         1       . 0
                                                             by the Benelux Economic Union, any measure
Denmark                        0           0         0
                                                              concerning the administration of the shares allocated
Germany                      43-7        50         56-6
                                                              to that economic union may be carried out by any
France                         7-2        10        18-5
                                                              one of its members,
Ireland                        0           0         0
Italy                        360         33         14-9
United Kingdom                12-6         6        10
                                                              HAS ADOPTED THIS REGULATION :
Whereas, in view of these factors and of the forecasts
which it is possible to make, the initial percentage
shares in the quota volume can be expressed approxi­                                    Article 1
mately as follows :
                                                               1.     From 1 January to 31 December 1977 the auto­
                                                              nomous duty of the Common Customs Tariff for yarn,
      Benelux                                      0-5
                                                              spun entirely from silk waste other than noil, not put
      Denmark                                      0-5
                                                              up for retail sale, falling within heading No ex 50.05,
      Germany                                    44-4         shall be suspended at 1 % within a Community tariff
      France                                       8-3
                                                              quota of 250 metric tons.
      Ireland                                      0;3
      Italy                                      27-9         2.      Within this tariff quota, the new Member States
      United Kingdom                             1 7-9        shall apply duties calculated in accordance with the
                                                              relevant provisions of the Act of Accession .
Whereas, to take account of future trends in imports
of the product in question in all the Member States,                                    Article 2
the quota should be divided into two tranches, the
first being distributed among the Member States and            1.     A first tranche of      180   metric  tons of this
the second to form a reserve intended to cover any             Community tariff quota shall be allocated among the
subsequent requirements of Member States who have              Member States. Member State's shares, which subject
used up their initial shares ; whereas in order to             to Article 5 shall be valid until 31 December 1977,
 ensure a certain degree of security for importers of          shall be as follows :
 each Member State , the first tranche should be fixed
                                                                                                      (in metric tons)
 at 72 % of the total quota ;
                                                                    Benelux                                          1
                                                                    Denmark                                          1
 Whereas the initial shares may be used up at different             Germany                                        80
                                                                    France                                         15
 rates ; whereas, to provide for this eventuality and to
                                                                    Ireland                                          1
 avoid disruption of supplies, any Member State which
 has almost used up its initial share should draw an                Italy                                          50
 additional share from the reserve ; whereas this should            United Kingdom                                 32
 be done by each Member State when each of its addi­
                                                               2.     The second tranche of 70 metric tons shall
 tional shares has been almost used up, and so on as
                                                               constitute the reserve .
 many times as the reserve allows ; whereas the initial
 and additional shares shbuld be valid until the end of
 the quota period ; whereas this form of administration                                 Article 3
 requires close collaboration between Member States
 and the Commission , which latter must be able to              1.    If 90% or more of a Member States initial
 keep a record of the extent to which the quota has            share as fixed in Article 2 ( 1 ), or of that share minus
 been used up and to inform the Member States accord­          any portion returned to the reserve where Article 5
 ingly ;                                                        has been applied, has been used up, that Member
                                                               State shall forthwith, by notifying the " Commission ,
                                                               draw a second share , to the extent that the reserve so
 Whereas if, at a given date in the quota period, a             permits, equal to 10 % of its initial share, rounded up
 considerable quantity of the initial share is left over in     as necessary to the next whole number.
 ---pagebreak--- 14. 12 . 76                            Official Journal of the European Communities                            No L 344/9
2.      If, after its initial share has been used up, 90 %       each State of the extent to which the reserve has been
or more of the second share drawn by a Member State              used up.
has been used up, that Member State shall forthwith,
in the manner and to the extent provided in para­
                                                                 It shall inform the Member States, not later than 5
graph 1 , draw a third share equal to 5 % of its initial         October 1977, of the amount still in reserve after
share .
                                                                 amounts have been returned thereto pursuant to
                                                                 Article 5 .
3.      If, after its second share has been used up,
90 % or more of the third share drawn by a Member                 It shall ensure that the drawing which exhausts the
State has been used up, that Member State shall forth­           reserve does not exceed the balance available and to
with, in accordance with the same conditions, draw a             this end, shall notify the amount of that balance to
fourth share equal to the third.                                 the Member State making the last drawing.
This procedure shall apply until the reserve is used
up .                                                                                      Article 7
4.      By way of derogation from paragraphs 1 , 2 and            1.       Member States    shall   take   all   appropriate
3, Member States may draw lesser shares than those                measures     to ensure  that  additional    shares  drawn
specified therein if there are grounds for believing             pursuant to Article 3 are opened in such a way that
that those specified may not be used in full . They              imports may be charged without interruption against
shall inform the Commission of their reasons for                 their aggregate shares of the Community quota.
applying this paragraph .
                                                                 2.        Member States shall ensure that importers of
                                                                 the product in question established in their territory
                                                                  have free access to the shares allocated to them .
                            Article 4
                                                                 3.        Member States shall charge against their shares
Additional shares drawn pursuant to Article 3 shall be            imports of the product in question as and when the
valid until 31 December 1977 .                                    product is entered with the customs authorities for
                                                                  home use .
                                                                 4.        The extent to which a Member State has used
                            Article 5                            up its share shall be determined on the basis of the
                                                                  imports charged in accordance with paragraph 3 .
Member States shall return to the reserve, not later
than 1 October 1977, the unused portions of their
                                                                                          Article 8
initial shares which, on 15 September 1977, are in
excess of 20 % of the initial amounts. They may
return a greater portion if there are grounds for                At the Commissions request, Member States shall
believing that such portion may not be used up.                   inform it of the imports actually charged against their
                                                                  shares .
Member States shall notify the Commission, not later
than 1 October 1977, of the total quantities of yarn
from silk waste imported up to and including 15                                           Article 9
September 1977 and charged against the Community
quota and of any portions of their initial shares
returned to the reserve .                                         Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied
                                                                 with .
                            Article 6
                                                                                         Article 10
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2               This Regulation shall enter into force on 1 January
and 3 and , as soon as it has been notified, shall inform         1977 .
 ---pagebreak--- No L 344/ 10                  Official Journal of the European Communities                        14. 12. 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 9 December 1976 .
                                                                    For the Council
                                                                      The President
                                                                    P.J.J. MERTENS