CELEX: 51975PC0338
Language: en
Date: 1975-07-07
Title: DRAFT REGULATION (EEG) OF THE COUNCIL 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 1976.#DRAFT REGULATION (EEC) OF THE COUNCIL 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, within heading No ex 50.04 of the Common Customs Tariff for 1976#DRAFT REGULATION (EEG) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for yarn spun entirely from silk waste other than noil, not put up for retail sale, falling within heading No ex 50.05 of the Common Customs Tariff for 1976. (submitted by the Commission to the Council)

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COM (75) 338
Vol. 1975/0136
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                        . COM(75)338 final
                                                                                    •              ^^       . ...
                                                                                         Brussels , \7 July 1975
                                      /                                               '              Γ""
                                                            DRAFT       ■
                                                                                              •
                               REGULATION (EEG) OF THE COUNCIL
 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 1976»»
                                                            DRAF?
                               REGULATION (EEC ) OF THE COUNCIL
                        Ν
 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 ,
              within' heading Ho ex 50.04 of the Common Customs
       " "                              ,          Tariff for 1976"
                                                            DRAFT               \ •         -
                              REGULATION (EEG ) OF THE COUNCIL :
                                          " "l J ■  - . » "  r al ■ L ■   . - .           -     .
                                                                                                        \
  on the opening , allocation and administration of a Community tariff
        quota for yarn spun entirely from silk waste other than noil ,
            not put up for retail sale , falling within heading No ex
                50.05 of the Common Customs Tariff for 1976-                                          ,
               j^((submitted
                    submittedby the Commission to the Council)
                                               by the Commission , to the Council );
 COM(75)338 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 * Following the review of the problem of silk within the Community, provided
     for in Protocol No VIII annexed to the Rome Agreement of 2 March i960
     relating to list G, the Counoil passed a Resolution at its meeting of
     29-31 May 1967 whioh provides , in particular , that , with effeot from 1
     January 1970 :                                    /
     If
    2 . On expiry of the transitional period referred to in Artiole 8 of the
           Treaty, the Council , acting, on the' "basis of Artiole 28 of the Treaty,
           shall deoide that until 31 December 1976 the suspension of the Common
           Customs Tariff duty which is provided for in Protoool No VIII shall not
          he applied#   In order to enable - user industries to cover their require­
          ments from the world market , the Council shall at the same time open a
          nil-duty Community tariff quota for the period up to 31 December 131$ •
                                                                                     .1
          The amount of that tariff quota, to be fixed by the Counoil eaoh year ,
          shall correspond to the difference between the total consumption of raw
          silk and the amount produoed in the Community .
    3 * Together with the decision concerning the non-application of the tariff
          suspension referred to in paragraph 2 above , the Counoil shall decide
          that during the period in whioh the tariff suspension referred to in :
          paragraph 2 is not applied , silk yarn (tariff heading No 50*04-) and
          yarn spun from silk waste other than noil (tariff heading No 50*05 ) :1
          shall be subject not to the reduced duties indicated in Protoool No IX,
        • but tO| the Common Customs Tariff duties at the normal rates provifed for
          eaoh case . At the same time the Council shall , for the same period, :
          open reduced or nil duty Community tariff quotas if there are ohanges
          in supply sources or insufficient supplies within the Community whioh
          could have a prejudicial effeot on Member State processing industries#
   Since that time Protocol NOB VIII and IX annexed to "the Rome Agreement
   relating to list G, which were the basis for the aforesaid Resolution, have
 ---pagebreak---  been revoked "by Article 49 of "the Aot of Aooession . However, the
 Resolution itself is still in foroe and the economic object which
 it aimed to achieve undoubtedly remains valid . The tariff quotas
 in question should therefore be opened for 197(5 and the new Member
States should share in those quotas .     ■      ' ■              ■     "  •
As regards 197" i "the problem of raw silk and of the two types of yarn has
                       $
been re-examined by the Commission departments# The results of this
examination are as follows :                  ,
                               /            ,
– Raw silk (not thrown )                                 ,
    For several years . Community production has been unsufficient . ■ " '
         I
    Thus , according to present estimates , in 1976 Community production will
    not exceed some               tons . As for consumption, there are no
    reliable statistics which could be used to determine the amount of the
  - 1976 quota .  It has therefore been neoessary to make use of the
    estimates concerning import requirements submitted by the Member States , whioh
    amount to a total of 2 500 metrio tons for 197 6, whioh figure has been
    adopted for the tariff quota .
– Silk yarn and yarn spun from silk waste other than noil , entirely of silk
    The .yarn in question is of certain very speoifio qualities , whioh are
    classified under tariff heading ITos 50 .04 and 50.05 , but for whioh no
    statistical subdivisions have been created .         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 , as in the oase of raw silk, of the
   estimates concerning imports requirements submitted by the Member States .
   Total requirements for 197^ amount to 60 metrio tons of silk yarn and 190
   metric tons of yarn spun from silk waste other than noil , whioh figures
   have been adopted for the tariff quotas .
   These results were approved by the government experts at the meeting held
  on 14/l8,_fipril 1975 *    '   ' ' ' '       "     ' '                     ■
 ---pagebreak--- As regards quota duties , the Commission is m possession of no informar-
tion which would load it to alter the 1976 rates of duty, i.e. 2.5$ for
silk yarn and 1% for yarn spun from silk waste other than noil ; the
Resolution itself provided that raw silk should be free of duty#
 ---pagebreak---                                                                                                ANTTEX A
                                                       Draft
                              REGULATION (EEC) No . . ./75OF 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 for 197K
 THE COUNCIL OF THE EUROPEAN ,                                 light of the principles outlined above appear
 COMMUNITIES,                                                  consistent with the Community nature of the quota ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 28              Whereas in view of these factors the initial percentage
 thereof ;                                                     shares in the quota volume can for 1975" be expressed
                                                               approximately as follows :
 Having regard to the draft Regulation submitted by
                                                                     Bénélux                                    0-25
 the Commission ;
                                                                     Denmark                                    0-25
                                                                     Germany                                  10-50
 Whereas, in accordance with the resolution passed at
                                                                     France                                  37-50
 its meeting of 29 to 31 May 1967, the Council, by its
 Regulation (EEC) No 321 /70 ( ' ), reintroduced until 31            Ireland                                  , 0-25
                                                                     Italy                                    45-00
 December 1976 the 10% autonomous duty of the
                                                                     United Kingdom                             6-25
 Common Customs Tariff for raw silk (not thrown)
 falling within heading No 50.02 ; whereas the conven­
 tional duty for that product is .5 % ;                        Whereas, to take account of future import trends for
                                                               the product under consideration, the total quota
 Whereas the resolution aforesaid further provides for         volume      should be   divided    into  two    successive
 the opening, in respect of that period and for that           amounts to give importers some degree of certainty,
 product, of annual Community tariff quotas exempt             the first being allocated and the second held as a
 from customs duties ; whereas the amount of- those            reserve to cover at a later date the requirements of
 quotas should correspond to the difference between            Member States who have , used up their initial share ;
 the total consumption of raw silk and the amount              whereas to give importers some degree of certainty the
 produced in the Community ;                                   first successive amount of the Community tariff quota
                                                               should in the event be fixed at 80 % of the total
Whereas raw silk is produced in the Community and              quota ;
whereas it is in the Community's interest to maintain
 this production on its territory ; whereas that produc­
 tion can be estimated at350 metric tons for 1975 ;            Whereas the initial shares may be used up more or
whereas taking account of this production and of the           less quickly ; whereas, therefore, to avoid disruption of
forecasts for 1976", the imports needed to satisfy             supplies any Member State which has almost used up
consumption within the Community can be estimated              its initial share, must draw a supplementary share
at 2 500 metric tons ;                          '              from the reserve ; whereas this must be done by each
                                                               Member State as each one of its supplementary shares
Whereas equal and continuous access to the quota               is almost used up and as many times as the reserve
should be ensured for all Community importers and              allows ; whereas the initial and supplementary shares
the rate of levy for the tariff quota should be applied        must be valid until the end of the quota period ;
consistently to all imports of the product in question         whereas this form of administration requires close
until the quota is used up ; whereas utilization of the        collaboration between the Member States and the
Community tariff quota based on an allocation                  Commission, and the Commission must be in a posi­
between the Member States concerned would in the               tion to follow the extent to which the quota volume
                                                               has been used up and inform the Member States
( ' ) OJ No L 43, 24. 2. 1970, p. 2.                           thereof ;           .      i
 ---pagebreak---                                                               2                                 ANNEX A
     Whereas if, at a given date in the quota period, a              delay, under the conditions laid down in paragraph 1 ,    "■
    considerable quantity is left over in a Member State, it         draw a third share equal to 5% of its initial share.,        ■
    is essential that such State should return a substantial
    proportion to the reserve, to prevent part of the total          3.     If, after its second share has been used up, 90 %   11
    quota from remaining unused in one Member State                  or more of the third share drawn by a Member State          *
    while it could be used in others ;                               has been used up, that Member State shall without         A
                                                                     delay, under the same conditions, draw a fourth' share       i
    Whereas since the Kingdom of Belgium, the                        equal to the third.
    Kingdom of the Netherlands and the Grand Duchy of
    Luxembourg, are jointly represented by the Benelux               This process shall apply until the reserve is used up. ; '
    Economic Union any measure concerning the admin­                 4. By way of derogation from paragraphs 1 , 2 and ' '
    istration of the . quota-shares allocated to that
                                                                     3, the Member States may draw shares lower than                ,
    Economic Union may be carried out by one of its                  those fixed in those paragraphs if there 'are grounds
    members,                               -
                                                                     for considering that those fixed may not be used up/'
                                                                     They shall inform the Commission of their reasons
   HAS ADOPTED THIS REGULATION :
                                                                     for applying this paragraph .                           '      ;
                                         I                                                     Artide 4               •
                              Article 1         .
                                                                     Supplementary shares drawn pursuant to Article 3 '
   1.      From 1 January to 31 December \ 97($ the auton­           shall be valid until 31 December 197$.
  omous duty of the Common Customs Tariff for raw
                                                                                                Article 5
  silk (not thrbwn), falling within heading No 50.02
  shall be totally suspended in respect of a Community            ■ The Member' Statds shall return to the re­
  tariff quota of 2 500 metric tons.              *
                                                                     serve , not later than. 1 October 1976 , the
  2. Within the limits of this tariff quota, the new             > unused portion of their initial share which
  Member States shall apply the duties calculated in              ' on 15 September 1976 , is in excess of 20 fo
  accordance with the relevant provisions of the Act of              of the initial amount . They shall return a
  Accession .
                                                                     greater portion if there are grounds for'
                                                                  ' considering that it may not be used up . .
                              Article 2                             The Member States shall, not later than I October
                                                                     1975" notify to the Commission the total quantities of ,
  1.      A first successive amount of 2 000 metric tons of         the raw silk imported up to and including 15
  this tariff quota shall be allocated among the Member             September 1976" and charged against the Community
  States ; shares shall, subject to Article 5, be valid until       tariff quota and any quantities of the initial share • ■ '
  31 December 197d" and shall be as follows :                       returned to the reserve.-                       '   -
         Bénélux                             5 metric tons
         Denmark                             5 metric tons
                                                                                               Article 6      •
         Germany                         210   metric tons
         France                          750   metric
                                                                    The Commission shall keep an account of the shares
                                                      tons
         Ireland                             5 metric tons
                                                                    opened by the Member States pursuant to Articles 2                <
         Italy                           900   metric tons
                                                                    and 3 and shall , as soon as it has been notified, infofm         v;
                                                                    each State of the extent to which the reserve has been             "
         United Kingdom                  125   metric tôns
                                                                    used up.
 2.      The second successive amount, of 500 metric                It shall inform the Member States, not later than        5
 tons, shall be held in reserve.
                                                                    October 1976", of the amount held in reserve . after
                                                                • amounts have been returned thereto pursuant to Arti­
                             Article 3                             cle 5.
                                                                      '    t                   :i                 '
 1 . If 90 % or more of a Member State's initial share              It shall ensure that the drawing which finally uses up
specified in Article 2 ( 1 ) or of that share minus the            the reserve is limited to the balance available and to
portion returned to ths reserve where Article 5 is                 this end shall specify.: the amount thereof to the
applied, has been used up, that Member State shall                 Member State making the last drawing.
without delay, by notifying the Commission, draw a                                         ,                            '  .V ' ■ ■''
second share, to the extent that the reserve is suffi­                                         Article 7
cient, equal to 10 % of its initial share, rounded up
where necessary to the next unit.                                  1 . The Member States shall take all appropriate
                                                                   measures to ensure that supplementary shares drawn              !
2.      If, after its initial share has been used up, 90 %         pursuant to Article 3 are Opened in such a way that -
or more of the second share drawn by a Member State '              charges may be made, without interruption, against
has been used up, that Member State shall without                  their cumulative shares of the Community quota. /
 ---pagebreak---                                                                                               ANNEX A
                                                      Draft
                            REGULATION (EEC) No . . ./75OF 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 for 19T>
THE COUNCIL OF THE EUROPEAN ,                                 light of the principles outlined above appear
COMMUNITIES,                                                  consistent with the Community nature of the quota ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 28             Whereas in view of these factors the initial percentage
thereof ;                                                     shares in the quota volume can for 1 975° be expressed
                                                              approximately as follows :
 Having regard to the draft Regulation submitted by
the Commission ;                                                    Bénélux                                    0-25
                                                                    Denmark                                    0-25
                                                                    Germany                                  10-50
Whereas, in accordance with the resolution passed at
                                                                    France                                  37-50
its meeting of 29 to 31 May 1967, the Council, by its
Regulation (EEC) No 321 /70 ( ' ), reintroduced until 31            Ireland                                  . 0-25
                                                                    Italy                                   45-00
 December 1976 the 10 % autonomous duty of the
                                                                    United Kingdom                             6-25
Common Customs Tariff for raw silk (not thrown)
falling within heading No 50.02 ; whereas the conven­
tional duty for that product is 5 % ;                         Whereas, to take account of future import trends for
                                                              the product under consideration, the total quota
Whereas the resolution aforesaid further provides for         volume      should be   divided    into  two    successive
the opening, in respect of that period and for that           amounts to give importers some degree of certainty,
product, of annual Community tariff quotas exempt             the first being allocated and the second held as a
from customs duties ; whereas the amount of- those            reserve to cover at a later date the requirements of
quotas should correspond to the difference between            Member States who have used up their initial share ;
the total consumption of raw silk and the amount              whereas to give importers some degree of certainty the
produced in the Community ;                                   first successive amount of the Community tariff quota
                                                              should in the event be fixed at 80 % of the total
Whereas raw silk is produced in the Community and             quota ;
whereas it is in the Community's interest to maintain
this production on its territory ; whereas that produc­
tion can be estimated at350 metric tons for 1975 ;            Whereas the initial shares may be used up more or
whereas taking account of this production and of the          less quickly ; whereas, therefore, to avoid disruption of
forecasts for 1976", the imports needed to satisfy            supplies any Member State which has almost used up
consumption within the Community can be estimated             its initial share, must draw a supplementary share
at 2 500 metric tons ;                         •              from the reserve ; whereas this must be done by each
                                                              Member State as each one of its supplementary shares
Whereas equal and continuous access to the quota              is almost used up and as many times as the reserve
should be ensured for all Community importers and             allows ; whereas the initial and supplementary shares
the rate of levy for the tariff quota should be applied       must be valid until the end of the quota period ;
consistently to all imports of the product in question        whereas this form of administration requires close
until the quota is used up ; whereas utilization of the       collaboration between the Member States and the
Community tariff quota based on an allocation                 Commission, and the Commission must be in a posi­
between the Member States concerned would in the              tion to follow the extent- to which the quota volume
                                                              has been used up and inform the Member States
(') OJ No L 43, 24. 2. 1970, p. 2.                            thereof ;                 -i
 ---pagebreak---                                                             ζ                              ANNEX A
    whereas if, at a giveh date in the quota period, a            delay, under the conditions laid down in paragraph 1 ,
   considerable quantity is left over in a Member State, it       draw a third share equal to 5 % of its initial share.
   is essential that such State should return a substantial
   proportion to the reserve, to prevent part of the total        3. If, after its second share has been used up, 90 %
   quota from remaining unused in one Member State                or more of the third share drawn by a Member State             *
   while it could be used in others ;                             has been used up, that Member State shall without ' '
                                                                  delay, under the same conditions, draw a fourth share          V
   Whereas since the Kingdom of Belgium, the                      equal to the third.
   Kingdom of the Netherlands and the Grand Duchy of
   Luxembourg, are jointly represented by the Benelux             This process shall apply until the reserve is used up.
   Economic Union any measure concerning the admin­               4. By way of derogation from paragraphs 1 , 2 and '             ?
   istration of the quota-shares allocated to that                3, the Member States may draw shares lower than .               ,
   Economic Union may be carried out by one of its                those fixed in those paragraphs if there 'are grounds
   members,
                                                                  for considering that those fixed may not be used up."           ,
                                                                  They shall inform the Commission of their reasons               i
                                                                  for applying this paragraph.
  HAS ADOPTED THIS REGULATION :
                                                                                           Article 4              '
                              Article I
                                                                  Supplementary shares drawn pursuant to Article 3
  1 . From 1 January to 31 December 197(f the auton­              shall be valid until 31 December \ 9l6.
  omous duty of the Common Customs Tariff for raw
                                                               < . -                       Article 5
  silk (not thrown), falling within heading No 50.02
 shall be totally suspended in respect of a Community          • The Member Statds shall return to the re­
  tariff quota of 2 500 metric tons.            •                  serve , not later than 1 October 1976 , the
 2. Within the limits of this tariff quota, the new           ' unused portion of their initial share which
 Member States shall apply the duties calculated in                on 15 September 1976 , is in excess of 20 %
 accordance with the relevant provisions of the Act of             of the initial amount . They shall return: a
 Accession .                                                      greater portion if there are grounds for'
                                                               ' considering that it may not be used up . ,
            >                 Article 2                           The Member States shall, not later than 4           October
                                                                  197ff notify to the Commission the total quantities of ;
  1.     A first successive amount of 2 000 metric tons of        the raw silk imported up to and including 15
 this tariff quota shall be allocated among the Member            September 1975" and charged against the Community
 States ; shares shall, subject to Article 5, be valid until      tariff quota and any quantities of the initial share                <
 31 December 1976 and shall be as follows :                       returned to the reserve ..                        -
        Bénélux                            5 metric tons
        Denmark                            5 metric tons
                                                                                           Article 6      «                    .
        Germany                          210 metric tons
                                                                  The Commission shall keep an account of the shares
        France       '  ;                750 metric tons
        Ireland                            5 metric tons
                                                                  opened by the Member States pursuant to Articles 2 ,                  $
                                                                  and 3 and shall , as soon as it has been notified, inform
        Italy                            900 metric tons          each State of the extent to which the reserve has been
        United Kingdom                   125 metric tons
                                                                  used up.
2.      The second successive amount, of 500 metric               It shall inform the Member States, not later than 5                  'j
tons, shall be held in reserve.                                  October 1 976, of the amount held in reserve after
                                                               ■ amounts have been returned thereto pursuant to Arti­
                             Article 3                           cle 5.                  ,                    • ■
 1.     If 90 /o or more of a Member State's initial share       It shall ensure that the drawing which finally uses up .             j
specified in Article 2 ( 1 ) or of that share minus the          the reserve is limited to the balance available and to
portion returned to the reserve where Article 5 is               this end shall specify the amount thereof to the
applied, has been used up, that Member State shall               Member State making the last drawing.
without delay, by notifying the Commission, draw a
second share, to the extent that the reserve is suffi­                                     Article 7                          ^
cient, equal to 10% of its initial share, rounded up
where necessary to the next unit.                                1 . The Member States shall take all appropriate
                                                                 measures to ensure that supplementary shares drawn                 >
2.      If, after its initial share has been used up, 90 %       pursuant to Article 3 are opened in such a way that ;■
or more of the second share drawn by a Member State              charges may be made, without interruption , against
has been used up, that Member State shall without                their cumulative shares of the Community quota . ^
 ---pagebreak---                                                                3                            ANNEX A
2.    Each Member State shall ensure that importers                                Article 9      - -
of the said product established in its territory have
free access to the shares allocated to it.
                                                             The Member States and the Commission shall coop­
3.    The extent to which a Member State has used up         erate closely to ensure that this Regulation is
its share shall be determined on the basis of quantities     observed.
of the imports in question entered for home use.
                        Article 8                                                  Article 10
The Member States shall regularly inform the
Commission of imports actually charged against their         This Regulation shall enter into force on I January
shares.                                                      i97<r. '  .   ■                                 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.
                                                                         For the Council
                                                                          The President ■*
 ---pagebreak---                                                                                        ANNEX B „
                                                            Draft
                              . REGULATION (EEC) No . . ./75 OF THE COUNCIL
                  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 within heading No ex 50.04 of the Common Customs Tariff
                                                           for 1 976
      THE COUNCIL OF THE EUROPEAN
                                                                      pnate to take into account, on the one hand, the situa­
      COMMUNITIES,
                                                                      tion of the Community silk yarn producing industry
                                                                      and, on the other, that of the silk yarn processing
      Having regard-to the Treaty establishing the European           industries with regard to„ their obtaining supplies on ,
     Economic Community, and in particular Article 28                 favourable terms ; whereas a quota duty of 2-5 %
     thereof ;                                                       could best satisfy the abovementioned requirements ;
     Having regard to the draft Regulation submitted by
     the Commission ;                                                Whereas the trend in imports during 197^- suggests
                                                                     that the import requirements of the yarns in question
    Whereas, in accordance with the resolution passed at             might be in the region of 60 metric tons for I97tf" ;
    its meeting of 29 to 31 May 1967, the Council, by its            whereas the opening of a Community tariff quota of
    Regulation (EEC) No 322/70 (' ), reintroduced until 31           that volume is unlikely to harm Community produc- ,
                                                                     tion :
    December 1976 the 12% autonomous duty of the
    Common Customs Tariff for silk yarn, other than yarn
    of noil or other waste silk, not put up for retail sale,        Whereas equal and continuous access to the quota
    falling within • heading No ex 50.04 ; whereas the              should be ensured for all importers and the rate of
   conventional duty for that product is 7 % ;
                                                                    levy for the tariff quota should be applied consistently '
                                                                    to all imports of the product in question until the
   Whereas the resolution aforesaid further provides for            quota is used up ; whereas, utilization of the Commu- ,
   the opening in respect of that period and for such silk          nity tariff quota in the light of the principles outlined
   yarn of an annual Community tariff quota with                    above based on an allocation between the Member
   reduced or nil duty where a change in the sources of             States concerned would appear consistent with the
   supply or an insufficient supply within the Commu­               Community nature of the' quota ; whereas to represent
   nity might have adverse results for the processing              as closely as possible the actual trend of the market in
   industries in the Member States ;                                the product in question the allocation should follow
                                                                   proportionately the requirements of the Member
   Whereas silk yarn is produced in the Community ;                States calculated both from Statistics of imports during
   whereas, although that production could cover all the           a representative reference period and from the
   Community requirements by reason of its overall                 economic outlook for th<e tariff year in question ;
  volume, this docs not apply with regard to yarn
  entirely spun from silk ; whereas there is, as 4 result,
  anMnsufficient supply in the Community ;                         Whereas the corresponding imports of the products
                                                                   falling within the tariff heading No 50.04 of each of
  Whereas consequently Community supply for those                  the Member States concerned during the past three
  qualities of yarn depends to a considerable extent on           years for which complete statistics are available repre­
  imports ; whereas full application of the duty under            sent the following percentages of total Community
  the Common, Customs Tariff would result in those                imports of these products : •
 products being subjected to a considerable customs
 charge while products manufactured from silk yarn                                                     1972     1973     1974
                                                                  Bénélux
 face powerful competition from similar products                  Denmark
                                                                                                        0-7       0-        5,0
 manufactured from other material ; whereas an insuffi­                                                 0-2       00        0,0
                                                                  Germany                                                  28,, 0
 cient supply, added to competition at finished product           France
                                                                                                       18-6     15-8
 level, might have adverse results for the Community's            Ireland
                                                                                                        7Ί      17-1       17,0
 processing industries ;                                                                                 •4        )•(
                                                                                                                            7,0
                                                                 Italy                                 50-0   1 52-6
                                                                 United Kingdom
                                                                                                                           39,0
                                                                                                       12-0     1 4-5
Whereas the duty under the Common Customs Tariff                                                                            4,0
applicable oil imports of the silk yarn in question is
7 % ; whereas, when fixing the quota duty, it is appro-
                                                                 whereas in view of these factors and of the , forecasts
(') OJ No L 43, 24. '2. 1970, p. 5.                            ( which it is possible to r make the initial percentage,
 ---pagebreak---                                                                                                      ANNEX B
   shares in the quota volume can be expressed approxi­         accordance with the relevant provisions of the Act of
    mately as follows :                       '                 Accession .
         Bénélux
                                                    2,1' .
         Denmark         ,                          2,1-                                     Article 2
         Germany
         France                                    36,4 ,       1.     A first successive amount of 47 metric tons of
                                                   25,5 .
         Ireland                                                this Community tariff quota shall be allocated amoftg
                                                    2,1         the Member States ; the shares shall, subject to Article
         Italy                                     27,7         5, be valid until 31 December 197<J" and shall be as
         United Kingdom                             4,3 ■■
                                                    4,3         follows :                               •
   Whereas, to take account of future import trends for
                                                                     • Bénélux                             1 metric ton
   the product under consideration, the total quota                    Denmark
   volume      should  be   divided    into  two   successive                                              1 metric ton
   amounts, the first being allocated and the second held              Germany                            17 metric tons
                                                                       France                             12 metric tons .
   as a reserve to cover at a later date the requirements of
                                                                       Ireland                             1 metric ton
   Member States who have used up their initial share ;
   whereas to give importers some degree of certainty the           • Italy                               13 metric tons
   first successive amount of the Community quota                      United Kingdom                     2 metric tons
   should in the event be fixed at 78% of the total             2.     The second successive "amount, of 13 metric
  quota ;                                                     'tons, shall be held in reserve."
  Whereas the initial shares may be used up more or
  less quickly ; whereas, therefore, to avoid disruption of                              <   A rticle 3
  supplies any Member State which has almost used up
   its initial share, must draw a supplementary share           1.      If 90 % or more of a Member State s initial share
   from the reserve ; whereas this must be done by each         specified in Article 2 ( 1 ), or of that share minus the
  Member State as each one of its supplementary shares          portion returned to the reserve where Article1 5 is
  is almost used up, and as many times as the reserve           applied, has been used up, that Member State shall
  allows ; whereas the initial and supplementary shares         without delay, by notifying the Commission, draw a
  must be valid until the end of the quota period ;             second share, to the extent that the reserve is suffi­
  whereas this form of administration requires close            cient, equal to 10 % of its initial share, rounded up
  collaboration between the Member States and the               where necessary to the next unit.
  Commission, and the Commission must be in a posi­
  tion to follow the extent- to which the quota volume          2.      If, after its initial share has been used up, 90 %
  has been used up and inform the Member States                 or more of the second share drawn by a Member State
  thereof ;                                                     has been used up, that Member State shall without
                                                                delay, under the conditions laid down in paragraph 1 ,
  Whereas if, at a given date in the quota period, a            draw a third share equal to 5 % of its initial share.
  considerable quantity is left over in a Member State, it
  is essential that such State should return a substantial      3. If, after its second share has been used up, 90 %
  proportion to the reserve, to prevent part of the total       or more of the third share drawn by a Member State
  quota from remaining unused in one Member State             1 has been used up, that Member State, shall without
  while it could be used in others ;                            delay, under the same conditions, draw a fourth share
                                                                equal to the third.
  Whereas since the Kingdom of Belgium, the
  Kingdom of the Netherlands and the Grand Duchy of             This process shall apply until the reserve is used up.
  Luxembourg are jointly represented by the Benelux
  Economic Union, any measure concerning the admin­             4. By way of derogation from paragraphs 1 , 2 and
  istration of the shares allocated to that Economic            3, the Member States may draw shares lower than
. Union may be carried out ,by one of its members,              those fixed in those parngiaphs if there are grounds
                                                                for considering that those fixed may not be used up.
                                                                They shall inform the Commission of their reasons
  HAS ADOPTED THIS REGULATION : .                               for applying this paragraph .
                           Article 1                                                         Article 4
  1.     From 1 January to 31 December 1976', the auto­
  nomous duty of the Common Customs .Tariff for yarn            Supplementary shares drawn pursuant to Article 3
                                                                shall be valid until 31 December 197£                      .
  entirely of silk, other than yarn of noil or other waste
  silk, not put up for retail sale, falling within heading                                    Article 5
  No ex 50.04 shall be suspended at 2-5 % in respect of
  a Community tariff quota of 60 metric tons.                 The Member States shall return to the reserve ,
                                                              not later than 1 October 1976 , the unused por­
  2. Within the limits of the tariff quota, the new           tion of their initial share which , on 15 Sep­
  Member States shall apply the duties calculated in
                                                               tember 1976 , is in excess of 20 $ of the ini­
                                                              tial amount . They shall return a greater •
 ---pagebreak---                                                         3                                 ANNEX B
 portion if there are grounds for con­                        pursuant to Article 3 are opened in such a way that
  sidering that it may not be used up .                       charges may be made, without interruption, •against
                                                              their cumulative shares of the Community quota.
The Member States shall, not later than 1        October      2. Each Member State shall ensure that importers
 197<S" notify to the Commission the total quantities of      of the said product established in its territory have
silk yarn imported up to and including 15 September           free access to the shares allocated to it.
 197<f and charged against the Community tariff quota
and any quantities of the initial share returned to the       3. The Member States shall charge against their
reserve .                                                     shares imports of the said product, when the product
                                                              is entered for home use.
                        Article 6
                                                              4. The extent to which a Member State has used up
The Commission shall keep an account of the shares            its share shall be determined on the basis of thg
opened by the Member States pursuant to Articles 2            imports charged in accordance with paragraph 3.
and 3 and shall , as soon as it has been notified, inform
each State of the extent to which the reserve has been                      1        A rticle 8
used up.
                                                              The Member States shall regularly inform the
It shall inform the Member States not later than 5            Commission of imports actually charged against their
October 1975" of the amount held in reserve after             shares. ■
amounts have been returned thereto ■ pursuant to
Article 5 .
                                                                                     Article 9
It shall ensure that the drawing which finally uses up
the reserve is limited to the balance available and to        The Member States and the Commission shall coop­
this end shall specify the amount thereof to the              erate closely to ensure that this Regulation is
                                                              observed .                                           ■-
Member State making the last drawing.
                                                                                       •' ■              < •        Q
                        Article 7                                                   Article 10
1.     The Member States, shall take all appropriate          This Regulation shall enter into force on 1 January
measures to ensure that supplementary shares drawn             197 6.
                                                                                                                 «  I
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.                                                               i
               Done at Brussels,
                                                                          For the Council
                                                                           The President
 ---pagebreak---                                                                                            ANNEX C
                                                        Draft
                                 REGULATION (EEC) No . . ./75°F THE COUNCIL
                 on the opening, allocation and administration of a Community tariff quota for
                 yarn, spun entirely from silk waste other than noil, not put up for retail sale,
                  falling within heading No ex 50.05 of the Common Customs Tariff for 197
  THE COUNCIL OF THE EUROPEAN                                Whereas the duty under the Common Customs Tariff
  COMMUNITIES,                   -                           applicable on imports of the silk waste yarn in ques­
                                                             tion is 3-5 % ; whereas when fixing the quota duty it
                                                             is appropriate to take into account, on the one hand,
  Having regard to the Treaty establishing the European      the situation of the Community industry producing
  Economic Community, and in particular Article 28           yarn spun from waste silk and, on the other, that of
  thereof :                                                   the industries processing yarn spun from waste silk
                                                             with regard to their obtaining supplies on favourable
                                                              terms ; whereas a quota duty of 1 % could best satisfy
  Having regard to the draft Regulation submitted by          the abovementioned requirements ;            ,     ■   £
  the Commission ;
  Whereas, in accordance with the resolution passed at
i its meeting of 29 to 31 May 1967, the Council, by its
  Regulation (EEC) No 323/70 ( ' ), reintroduced until 31     Whereas the trend in imports during the past few
  December 1 976 the 7 % autonomous duty of the               years and the first months of 1 97 ;4 suggest that
  Common Customs Tariff for yarn, spun entirely from          Community import requirements of the yarns in ques­
  silk waste other than noil, not put up for retail sale,      tion might be in the region of 220 metric tons for
  falling within heading No ex 50.05 ; whereas the             1976"; whereas the opening 'of a Community tariff
  conventional duty for that product is 3-5 % ;                quota of that volume is unlikely to harm Community
                                                               production ;                              ,   , -
  Whereas the aforesaid resolution further provides for
   the opening in respect of that period and for such
  yarn of an annual Community tariff quota with ,
                                                                                     - ■ v     H
   reduced duty or nil duty where a change in the           y                     *                  '
   sources of supply or an insufficient supply within the      Whereas equal and continuous access to the quota
   Community might have adverse results for the                should be ensured for all importers and the rate of
   processing industries in the Member States ;                 levy for the tariff quota should be applied consistently
                                                                to all imports of the product in question until the
   Whereas yarn spun from waste silk is produced in the         quota is used up ; whereas utilization of the Commu­
   Community ; whereas although that production                 nity tariff quota based on an allocation between the
                                                                Member States concerned would in the light of the.
   should cover all the Community requirements by
   reason of its overall volume, this does not apply with       principles outlined above appear consistent with the
   regard to yarn entirely spun from waste silk ; whereas       Community nature of the quota ; whereas to represent
   there is, as a result, an insufficient supply in the         as closely as possible the actual trend of the market in
   Community ;                                                  the product in question the allocation should follow
                                                                proportionally the requirements of the Member States
                                                                calculated both from statistics of imports during a
   Whereas consequently Community supply for those              representative reference period and from the.
   qualities of yarn depends to a considerable extent on        economic outlook for the tariff year in question ;
    imports ; whereas full application of the duty under
    the Common Customs Tariff would result in those
    products being subjected to a considerable customs
    charge while products manufactured from silk yarn
    face powerful competition from similar products
    manufactured from other material ; whereas an insuffi­       Whereas the imports of the products falling within
    cient supply within the Community, added to compe­           heading No 5.0.05 of each of the Member States
    tition at finished product level, might have adverse         concerned during the past three years for which
    results for the Community's processing industries ;          complete statistics are available, represent the
                                                                 following percentages of total Community imports of
    ( ' ) OJ No L 4.\ 24 . 2. 1970, p. 8 .                       these products :             .
 ---pagebreak---                                                                                             ANNEX C
                                          1972 1973     1974   Whereas since the Kingdom of Belgium , the
                                                               Kingdom of the Netherlands and the Grand Duchy of
  Bénélux                                  01    1-5 .    1 »X Luxembourg are jointly represented by the Benelux
  Denmark                                  01    00     1 0,0  Economic Union, any measure concerning the admin­
  Germany                                41 Ό   43-7    50,0   istration of the shares allocated to that Economic
  France                                  10-8   7-2    10,0   Union may be .parried Out by one of its members,
  Ireland                                  0-6   00       0,0
  Italy                                  38-7   360      33,0
  United Kingdom                           8-7  12-6      6,0  HAS ADOPTED THIS DECISION :
                                                                                         Article 1
 Whereas in view of these factors and of the forecasts
 which it is possible to make the initial percentage,          1 . From 1 January to 31 December 1976 the auto­
 shares in the quota volume can be expressed approxi­          nomous duty of the Common Customs Tariff for yarn,
 mately as follows :                                           spun entirely from silk waste other than noil, not put
                                                               up for retail sale, falling within heading No ex 50.05,
                                                               shall be suspended at 1 % in respect of a Community
        Bénélux                                    0,6         tariff quota of 190metric tons.
        Denmark                                   0,6
                                                 51,7          2.     Within the limits of this tariff quota, the new
        Germany
        France                                     9,7 ;       Member States shall apply the duties calculated in
        Ireland                                    0, 6        accordance with the relevant provisions of the Act of
                                                               Accession .
        Italy                                    32,3
        United Kingdom                             4,5                                    ;                 •          K
                                                                                         Article 2                     ,
                                                                1.    A first successive' amount of 155 metr'c tons °J
 Whereas, to take account of future import trends for           this Community tariff quota shall be allocated among
 the product under consideration, the total quota               the Member States ; the shares shall, subject to Article
 volume       should   be divided    into   two   successive    5, be valid until 31 December 1975" and shall be as
 amounts, the first being allocated and the second held         follows :                          .
 as a reserve to cover at a later date the requirements of                                           ' 1 metric ton  ,
                                                                      Bénélux
 Member States who have used up their initial share ;                                                  1 metric ton
                                                                      Denmark •
 whereas to give importers some degree of certainty the
                                                                      Germany                         80 metric tons
 first successive amount of the Community quota
 should be fixed at80 % of the total quota ;              . .         France   '                     15 metric tons
                                                                      Ireland                          I metric ton
                                                                      Italy                          50 metric tons
                                                                      United Kingdom                   7 metric tons
 Whereas the initial shares may be used up more or
 less quickly ; whereas, therefore, to avoid disruption of      2.    The second successive amount, of 40 metric
 supplies any Member State which has almost used up             tons, shall be held in reserve. ;
 its initial share, must draw a supplementary share
 from the reserve ; whereas this must be done' by each                                   Article 3
 Member State as each one of its supplementary shares
 is almost used up, and as many times as the reserve             1.    If 90 % or more of a Member States initial share
.allows ; whereas the initial and supplementary shares          specified in Article 2 ( 1 ) or of that share minus the
 must be valid until the end of the quota period ;               portion returned to the reserve where Article' 5 is
 whereas this form of administration requires close             applied, has been used up, that Member State shaljj
 collaboration     between the Member States and the            without delay, by notifying the Commission, draw a
 Commission, and the Commission must be in a posi­              second, share, to the extent that the reserve is suffix
 tion to follow the extent to which the quota volume            cient, equal to 10% of its initial share, founded up;
 has been used up and inform the Member States                  where necessary to the next unit.
 thereof ;
                                                                2. If, after its initial share has been used up, 90 %
                                                                or more of the second share drawn by a Member State
                                                                 has been used up, that Member State shall without
 Whereas if, at given date in the quota period, a consid­       delay, under the conditions laid down in paragraph 1 ,
 erable quantity is left over in a Member State, it is          draw a third share equal to 5 % of its initial share.
 essential that such State should return a substantial
 proportion to the reserve, to prevent part of the total         3. If, after its second share has been used up, 90 %
 quota from remaining unused in one Member State                 or more of the third share drawn by a Member State
 while it Could be used in others ; •                            has been used up, that 1 Member State shall without
 ---pagebreak---                                                                  3                                         ANNEX C
 ;    delay, under the same conditions, draw a fourth share       amounts have been- returned thereto pursuant to
      equal to the third .                                        Article 5.
      This process shall apply until the reserve is used up.      It shall ensure that the drawing which finally uses up
                                                                  the reserve is limited to the balance available and to
      4.    By way of derogation from paragraphs 1 , 2 and        this end shall specify the amount thereof to the
      3, the Member States may draw shares lower than             Member State making the last drawing.
      those fixed in those paragraphs if there are grounds
      for considering that those fixed may not be used up.                                Article 7
      They shall inform the Commission of their reasons
      for applying this paragraph.                                 1 . The Member States shall take all appropriate
                                                                  measures to ensure that supplementary shares drawn
                             Artide 4                             pursuant to Article 3 are opened in such a way that
                                                                  charges may be made, without interruption, against
     Supplementary shares drawn pursuant to Article 3             their cumulative shares of the Community quota. .
     shall be valid until 31 December 19761
                                                                  2. Each Member State shall ensure that importers
                            Article 5                             of the said product established in its territory have
                                                                  free access to the shares allocated to it.
The Member States shall return to the reser­
ve , not later than 1 October 1976 , the un­                      3. The Member States shall charge against their
used. portion of their initial share which ,                      shares imports of the product in question, when the
on 15 September 1976 , is in excess of 20 %                       product is entered for home use.
of the iniiial amount . They shall return a                       4.      The extent to which a Member State has used up
greater portion if there are grounds for                          its share shall be determined on the basis of the
considering that it may not be used up .                          imports charged in accordance with paragraph 3.
     The Member States shall , not later than 1       October
   ' \ 97S, notify to the Commission the total quantities of                              Article 8                      <
     yarn from silk waste imported up, to and including 15
     September 1975" and charged against the Community            The Member States shall regularly inform the
     tariff quota and any fractions of the initial share          Commission of imports actually charged against their
     returned to the reserve .                                    shares.                       <
                             Article 6                                                    Article  9 .    .    ; ,      v:
                                                                       ;v                      h       ■ ■ » ■       .f
     The Commission shall keep an account of the shares           The Member States and the Commission shall coop­
     opened by the Member States pursuant to Articles 2           erate closely to ensure" that this Regulation is
     and 3 and shall, as soon as it has been notified , inform    observed.
     each State of the extent to which the reserve has been
     used up.                                       (                                     Art nie 10
     It shall inform the Member States not later than 5           This Regulation shall enter into force on 1 January
     October \ 97G of the amount held in reserve after            197tf.                                        ■
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.                                     '
                   Done at Brussels.
                                                                               For the Council
                                                                                             I;
                                                                                The President