CELEX: 31987R4096
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4096/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for yarn spun entirely from waste silk other than noil, not put up for retail sale, falling within codes ex 5005 00 10 and ex 5005 00 90 of the combined nomenclature

31 . 12 . 87                               Official Journal of the European Communities                                   No L 383 / 7
                                          COUNCIL REGULATION (EEC ) No 4096 / 87
                                                        of 22 December 1987
               opening, allocating and providing for the administration of a Community tariff quota for yarn spun
               entirely from waste silk other than noil, not put up for retail sale , falling within codes ex 5005 00 10
                                         and ex 5005 00 90 of the combined nomenclature
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              combined nomenclature and , where appropriate , the TARIC
                                                                       code numbers , should be used for the description of the
Having regard to the Treaty establishing the European                  products covered by this Regulation ;
Economic Community , and in particular Article 28
thereof,
                                                                       Whereas equal and continuous access to the quota should be
Having regard to the proposal from the Commission ,
                                                                       ensured for all importers , and the rate laid down for the
                                                                       quota should be applied consistently to all imports of the
Whereas yarn spun from waste silk is produced in the                   product in question until the quota is used up ; whereas a
Community; whereas , although from the standpoint of                   system of utilization of the Community tariff quota based on
overall volume production might match the total of                     an allocation among the Member States concerned would , in
Community requirements , this does not apply with regard to            the light of the principles outlined above , appear consistent
yarn spun entirely from waste silk; whereas there is , as a            with the Community nature of the quota ;
result , an insufficient supply in the Community;
Whereas , consequently , Community supplies of the latter
qualities of yarn depend to a considerable extent on imports ;         Whereas , in view of these factors and of the forecasts which it
whereas full application of the customs duty would result in           is possible to make , the initial percentage shares of the quota
those products being subjected to a considerable customs               volume can be expressed approximately as follows :
charge while products manufactured from yarn of waste silk
face powerful competition from similar products
manufactured from other material ; whereas an insufficent                      Germany                                    10,01
supply, added to competition at finished product level , might                 Greece                                       0,14
have adverse effects on the Community's processing                             France                                       2,47
industries ;                                                                   Italy                                      82,30
                                                                               United Kingdom                               5,08
Whereas the Common Customs Tariff duty applicable to
imports of the yarn spun from waste silk in question is 2,9 % ;
whereas , when establishing the quota duty , it is appropriate
to take into account, on the one hand , the situation of the          Whereas , to allow for import trends for the product in
Community industry producing yarn spun from waste silk                 question in the various Member States , the quota should be
and , on the other, the need to provide the industries                 divided into two parts , the first being distributed among the
processing yarn spun from waste silk with supplies on                  Member States which are traditional importers and the
favourable terms ; whereas a zero quota duty could best meet           second to form a reserve intended to cover any subsequent
the abovementioned requirements ;                                     requirements of these Member States as well as those of the
                                                                      Member States which do not participate in the initial
                                                                       allocation ; whereas in order to ensure a certain degree of
Whereas the trends in imports in recent years suggest that             security for importers of each Member State , the first part of
Community import requirements for the yarns in question               the quota should be set at approximately 75 % of the total
might be in the region of 1 000 tonnes for 1988 ; whereas the          quota volume ;
opening of a Community tariff quota of that volume is
unlikely to harm Community production ; whereas ,
therefore , the tariff quota in question should be opened on 1
January 1988 and allocated among Member States ;                      Whereas the initial shares may be used up at different rates ;
                                                                      whereas, therefore , to avoid any break in the continuity of
Whereas the Community has adopted , with effect from 1                supplies , any Member State which has almost used up its
January 1988 , a combined nomenclature for goods which                initial share should draw a supplementary share from the
meets the requirements of the Common Customs Tariff and               reserve ; whereas this must be done by each Member State as
the nomenclature of goods for the external trade statistics of        each one of its supplementary shares is almost used up , and as
the Community and statistics of trade between Member                  many times as the reserve allows ; whereas the initial and
States ; whereas in order to accommodate specific                     supplementary shares must be valid until the end of the quota
Community rules , this nomenclature has been expanded into            period ; whereas this form of administration requires close
an integrated tariff of the European Communities ( TARIC );           cooperation between the Member States and the
whereas with effect from the abovementioned date , the                Commission , and the latter must be able to monitor the
 ---pagebreak--- No L 383 / 8                                 Official Journal of the European Communities                                               31 . 12 . 87
extent to which the quota volume has been used up and                          quota shares allocated to that economic union may be carried
inform the Member States accordingly;                                          out by any one of its members ,
Whereas if at a given date in the quota period a considerable
quantity of the initial share is left over in a Member State, it is            HAS ADOPTED THIS REGULATION :
essential that the Member State concerned should return a
significant percentage thereof to the reserve so as to avoid a
part of the Community tariff quota remaining unused in one
Member State when it could be used in others ;                                                                Article 1
Whereas , since the Kingdom of Belgium , the Kingdom of the                    1.     From 1 January to 31 December 1988 , the customs
Netherlands and the Grand Duchy of Luxembourg are united                       duty applicable to imports of the following products shall be
within and jointly represented by the Benelux Economic                         suspended at the level indicated and within the limits of a
Union , any operation concerning the administration of the                     Community tariff quota as shown below:
     Order No             CN code
                                                                                                                Quota volume        Rate of duty
                                                                     Description                                   (tonnes )            (% )
09.2707               ex 5005 00 10          Yarn , spun entirely from silk waste other than noil , not
                     ex 5005 00 90           put up for retail sale                                                 1 000                0
2.     Within the limits of the tariff quota referred to in                    used up , that Member State shall forthwith , by notifying the
paragraph 1 , the Kingdom of Spain and the Portuguese                          Commission and to the extent permitted by the amount of the
Republic shall apply duties calculated in accordance with the                  reserve , draw a second share equal to 10 % of its initial share ,
Member States Act of Accession .                                               rounded up where 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
                             Article 2
                                                                               up , that Member State shall forthwith , using the procedure
                                                                               set out in paragraph 1 , draw a third share equal to 5 % of its
1.     The first part of the Community tariff quota ,                          initial share .
amounting to 729 tonnes , shall be allocated among the
Member States; the shares shall , subject to Article 5 , be valid              3.     If, after its second share has been used up , 90% or
until 31 December 1988 and shall be as follows :
                                                                               more of the third share drawn by a Member State has been
                                                     (tonnes)                  used up , that Member State shall forthwith , using the same
                                                                               procedure, draw a fourth share equal to the third .
        Germany                                           73
        Greece                                              1
                                                          18
                                                                               This process shall continue to apply until the reserve is used
        France
                                                                               up .
        Italy                                            600
        United Kingdom                                    37
                                                                               4.     By way of derogation from paragraphs 1 , 2 and 3 ,
                                                                               Member States may draw lower shares than those specified in
2.     The second part of 271 tonnes shall constitute the                      those paragraphs if there are grounds for believing that those
reserve .
                                                                               specified may not be used up . They shall inform the
                                                                               Commission of their reasons for applying this paragraph .
3.     If an importer notifies an imminent importation of the
product in question into a Member State not participating in
the initial allocation and applies to use the quota , the
Member State concerned shall inform the Commission and                                                        Article 4
draw an amount corresponding to its requirements to the
extent that the available balance of the reserve so permits .                  Supplementary shares drawn pursuant to Article 3 shall be
                                                                               valid until 31 December 1988 .
                             Article 3
                                                                                                              Article 5
1.     If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or of that share less the portion                Member States shall return to the reserve , not later than 1
returned to the reserve where Article 5 is applied , has been                  October 1988 , the unused portion of their initial share
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                 No L 383 / 9
which , on 15 September 1988 , is in excess of 20% of the             Article 3 are carried out in such a way that imports may be
initial amount. They may return a larger quantity if there are        charged without interruption against such accumulated
grounds for believing that it might not be used in full .             shares of the Community quota .
Member States shall notify the Commission , not later than 1          2.     Member States shall ensure that importers of the
October 1988 , of the total quantities of yarn spun entirely          product in question have free access to the shares allocated to
from waste silk imported up to and including 15 September             them .
1988 and charged against the Community quota and of any
portion of their initial share returned to the reserve .              3.     Member States shall charge imports of the product in
                                                                      question against their shares as and when the product is
                                                                      entered with the customs authorities for free circulation .
                            Article 6                                 4.     The extent to which a Member State has used up its
                                                                      share shall be determined on the basis of the imports charged
The Commission shall keep an account of the shares opened             in accordance with paragraph 3 .
by the Member States pursuant to Articles 2 and 3 and shall ,
as soon as it has been notified , inform each State of the extent
to which the reserve has been used up .
                                                                                                 Article 8
It shall inform the Member States , not later than 5 October
1988 , of the amount still in the reserve following any return        At the Commission's request , Member States shall inform it
of shares pursuant to Article 5 .                                     of the imports actually charged against their quota shares .
It shall ensure that the drawing which exhausts the reserve is
limited to the balance available and to this end shall specify                                   Article 9
the amount of that balance to the Member State making the
last drawing .
                                                                      Member States and the Commission shall cooperate closely
                                                                      to ensure that this Regulation is complied with .
                            Article 7
                                                                                                Article 10
1.     Member States shall take all appropriate measures to
ensure that supplementary drawings of shares pursuant to              This Regulation shall enter into force on 1 January 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1987 .
                                                                                             For the Council
                                                                                              The President
                                                                                              N. WILHJELM