CELEX: 51982PC0568
Language: en
Date: 1982-09-21
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for raw silk (not thrown) falling within heading No 50.02 of the Common Customs Tariff (1983)#Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn, entirely of silk, other than yarn of noil or other waste silk, not put up for retail sale, falling within heading No ex 50.04 of the Common Customs Tariff (1983)#Draft COUNCIL REGULATION (EEC) opening, allocating and providingfor the administration of a Community tariff quota for yarn, spun entirely from waste silk other than noil, not put up few, retail sale, falling within subheading 50.05 A of the Common Customs Tariff (1983). (submitted the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 568
Vol. 1982/0180
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(82)568 final
                                                      Brussels , 21 September 1982
                                     Draft
                               COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a Community
     tariff quota for raw silk ( not thrown ) falling within heading No 50.02
     of the Common Customs Tariff ( 1983 )
                                     Draft
                               COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a Community
     tariff quota for yarn , entirely of silk , other than yarn of noil or other
     waste silk , not put up for retail sale , falling within heading No ex 50.04
     of the Common Customs Tariff        ( 1983 )
                                     Draft
                              _COUNCIL REGULATION ( EEC )
                         ^.                          ,   „
     opening , allocating and providing for the administration of a Community
                      / y        k
     tariff quota -for yarn, spun entirely from waste silk other than noil ,
     not put up few:-, retail sale , falling* -within subheading 50.05 A of the
     Common Customs :Tariff i. 1983 )       .     -J
                          / .
                  ( submitted        the Council by the Commission )
C0M(82 ) 568 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
  1.   The aim of this lemorandum is "to present to the Council draft regulations
  opening-, allocating and providing for the administration of autonomous tariff
  cruotas for raw silk (not thrown ), yarn entirely of silk and yarn spun entirely
  from silk waste falling within subheadings 50*02 , ex 50*04 and 50*05 A of the
 Common cuistoms Tariff ( 1983 )*
 2.    These matters were examined at a meeting of tne Economic Tariff Problems
 Group held on 26 and 27 April 1982 .      It emerged from this meeting that for
 raw silk the estimates of the Member States and the levels of imports from
 non-preferential non-Community countries in recent years indicated a • total
 import demand     of   - 4 800 tonnes .    This figure was thus adopted as the
 initial quota in the appended draft regulation but does not exclude the
possibility of further adjustments during the quota year .
As regards yarn entirely of silk or spun entirely from silk waste , as
classified under subheadings ex 50.04 and 50.05 A , the lack of statistics
has meant that quotas have had to be based on the Member States' estimated
import requirements .     For 1983 , these requirements amount to a total of
90 tonnes for yarn entirely of silk and 200 tonnes for yarn spun entirely
from silk waste , and these figures have been adopted as the quotas in the
appended draft regulations .
 ---pagebreak--- As for tariff duties , the Commission has po information . -  to     justify
any change in the duties adopted for .1982 for yarn of silk , i.e. 2.5W
                                                                   «
whereas exemption from duty for raw silk and yarn spun from raw silk is
proposed , as previously, for 1983 .
 ---pagebreak---                                                      DRAFT
                                   COUNCIL REGULATION           EEC
              opening, allocating and providing for the administration of a Community tariff
              quota for raw silk (not thrown) falling within heading No 50.02 of the Common
                                                Customs Tariff ( 1983 )
THE COUNCIL OF THE EUROPEAN                                 Whereas, in view of these factors, the initial percen­
COMMUNITIES,                                                tage shares in the quota volume for 198J can be
                                                            expressed approximately as follows :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28                     Bénélux                       0.05
thereof,                                                             Denmark                       0.02
                                                                     Germany                       4.93
                                                                     Greece                        0.02
Having regard to the draft Regulation submitted by                   France                       17.27
the Commission ,                                                     Ireland                       0.02
                                                                     Italy                        73.99
                                                                     United Kingdom                3.70
Whereas Community production of raw silk (not
thrown) falling within heading No 50.02 of the
Common Customs Tariff does not cover the needs of
the user industries ; whereas the supply of the latter      Whereas, to take account of future trends in imports
therefore depends to a great extent on imports from         of the product in question in the various Member
non-member countries ; whereas it is in the interests       States, the quota should be divided into two instal­
of the Community to suspend totally the Common              ments, the first being distributed among the Member
Customs Tariff duty on the product in question ,            States and the second to form a reserve intended to
within the limits of an appropriate Community tariff        cover any subsequent requirements of Member States
quota ;                                                     who have used up their initial shares ; whereas, in
                                                            order to ensure a certain degree of security for impor­
                                                            ters of each Member State the first instalment should
Whereas it is desirable at the present time to avoid        in this case be fixed at aboutj5 °/° of the total quota ;
final measures which could lead to the halting of
action taken in the sector over a number of years to
increase Community production ; whereas, under such
conditions, it is advisable to extend the tariff system     Whereas the initial shares may be used up at different
in force in 1982 :                                          rates ; whereas, therefore, to avoid disruption of
                                                            supplies, any Member State which has almost used up
                                                            its initial share should draw a supplementary share
                                                            from the reserve ; whereas this must be done by each
Whereas Community production does not appear to             Member State as each one of its supplementary shares
have changed considerably when compared with                is almost used up, and as many times as the reserve
1 98 2 ; whereas, taking account of this production and     allows ; whereas the initial and supplementary shares
of the forecasts for 1 98 3 ,the imports needed to satisfy  must be valid until the end of the quota period ;
comsumption within the Community can be esti­               whereas this form of administration requires close
mated at 4 800 tonnes ; whereas the fixing of the           collaboration between the Member States and the
quota amount at this level does not preclude an adjust­     Commission, and the Commission must be in a posi­
ment within the quota period ;                              tion to follow the extent to which the tariff quota has
                                                            been used up and inform the Member States accord­
                                                            ingly ;
 Whereas equal and continuous access to the quota
should be ensured for all Community importers and
the rate laid down for the tariff quota should be
applied consistently to all imports of the product in       Whereas, if at a given date in the quota period, a
question until the quota is used up ; whereas a system      considerable quantity of the initial share is left over in
of utilization of the Community tariff quota based on       a Member State, it is essential that that Member State
an allocation between the Member States concerned           should return a significant percentage thereof to the
would, in the light of the principles outlined above,       reserve, so as to avoid a part of the Community tariff
appear consistent with the Community nature of the          quota remaining unused in one Member State when it
quota ;                                                     could be used in others :
 ---pagebreak---                                                             - 2 -
Whereas, since the Kingdom of Belgium, the                      has been used up, that Member State shall forthwith,
Kingdom of the Netherlands and the Grand Duchy of               in accordance with the conditions set out in para­
Luxembourg are united within and jointly represented            graph 1 , draw a third share equal to 5 % of its initial
by the Benelux Economic Union, any measure                      share.
concerning the administration of the shares allocated
to that economic union may be: carried out by any               3. If, after its second share has been used up, 90 %
one of its members,                                             or more of the third share drawn by a Member State
                                                                has been used up, that Member State shall forthwith,
                                                                in accordance with the same conditions, draw a fourth
                                                                share equal to the third.
HAS ADOPTED TH S REGULATION :
                                                                This process shall continue to apply until the reserve
                        Article 1                               is used up.
1 . From 1 January to 31 December 1983 ,the auto­               4. By way of derogation from paragraphs 1 , 2 and
nomous duty of the Common Customs Tariff for raw                3, Member States may draw lower shares than those
silk (not thrown), falling within heading No 50.02,             specified therein if there are grounds for believing
shall be totally suspended within a Community tariff            that those specified may not be used up. They shall
quota of 4 800 tonnes.                                          inform the Commission of their reasons for applying
                                                                this paragraph.
2.    Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the Act of                                    Article 4
Accession of 1979 .
     »
                                                                Supplementary shares drawn pursuant to Article 3
                                                                shall be valid until 31 December 198'3 .
                        Article 2
1.    A first instalment of 4 055 tonnes of this                                        Article 5
Community tariff quota shall be allocated among the
Member States ; Member States' shares, which, subject           Member States shall return to the reserve, not later
to Article 5, shall be valid until 31 December 1 98 3 ^         than 1 October 1983,the unused portion of their
shall be as follows :
                                                                initial share which, on 15 September 198 3 is in
                                             (tonnes)           excess of 30 % of the initial amount. They may return
                                                                a larger quantity if there are grounds for believing that
        Bénélux                                   2             such quantity might not be used.
        Denmark                                    1
        Germany                   *             200             Member States shall notify the Commission, not later
        Greece                                    1
        France                                  7M
                                                                than 1 October 198 3of the total quantities of raw silk
        Ireland                                   i
                                                                imported up to and including 15 September 198 3 and
                                                                charged against the Community quota and of any
         "a'y                            .  3 000               portion of their initial share returned to the reserve.
        United Kingdom                         150
2.    The second instalment of 74$tonnes shall consti-.                                 Article 6
tute the reserve.
                                                                The Commission shall keep an amount of the shares
                        Article 3                               opened by the Member States pursuant to Articles 2
                                                                and 3 and shall, as soon as it has been notified, inform
 1.    If 90 % or more of a Member State s initial share        each State of the extent to which the reserve has been
as specified in Article 2 ( 1 ), or of that share minus the     used up.
portion returned to the reserve where Article 5 is
applied, has been used up, that Member State shall              It shall inform the Member States, not later than 5
forthwith, by notifying the Commission , draw a                 October 198 3 />f the amount in the reserve after
second share equal to 10% of its initial share,                 amounts have been returned thereto pursuant to
rounded up where necessary to the next whole                    Article 5.
number, to the extent permitted by the amount of the
reserve .                                                       It shall ensure that the drawing which exhausts the
                                                                reserve is limited to the balance available and to this
2. If, after its initial share has been used up, 90 %           end shall specify the amount thereof to the Member
or more of the second share drawn by a Member State             State making the last drawing.
 ---pagebreak---                        Article 7                                                    Article 8
 1 . Member States shall take all appropriate                At the Commission s request, Member States shall
measures to ensure that supplementary shares drawn           inform it of the imports actually charged against their
pursuant to Article 3 are opened in such a way that          shares.
imports may be charged without interruption against
their accumulated shares of the Community quota.
2. Member States shall ensure that importers of the                                 Article 9
product in question                               have
free access to the shares allocated to them .                Member States and the Commission shall cooperate
                                                             closely to ensure that this Regulation is complied
3. Member States shall charge imports of the                 with.
product in question against their shares as and when
the product is entered with the customs authorities for
free circulation.
                                                                                   Article 10
4.   The extent to which a Member State has used up
its share shall be determined on the basis of the            This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.              198 3 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.           1982 .
                                                                        For the Council
                                                                          The President
 ---pagebreak---                                 COUNCIL REGULATION (EEC
             opening, allocating and providing for the administration of a Community tariff
             quota for yarn, entirely of silk, other than yarn of noil or other waste silk, not
              put up for retail sale, falling within heading No ex 50.04 of the Common
                                              Customs Tariff ( 198 ?)
THE COUNCIL OF THE EUROPEAN                               down for the tariff quota should be applied consist­
COMMUNITIES,                                              ently to all imports of the product in question until
                                                          the quota is used up ; whereas a system of utilization
Having regard to the Treaty establishing the European     of the Community tariff quota based on an allocation
Economic Community, and in particular Article 28          between the Member States concerned would, in the
thereof,                                                  light of the principles outlined above, appear
                                                          consistent with the Community nature of the quota ;
Having regard to the draft Regulation submitted by
the Commission,                                           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 :
Whereas silk yarn is produced in the Community ;                   Bénélux                          1.56
whereas, although that production could cover all the              Denmark                          1.56
Community requirements by reason of its overall                    Germany                          7 . 82
volume, this does not apply with regard to yarn                    Greece                           1.56
entirely spun from silk ; whereas there is, as a result,           France                         1 5 . 62
an insufficient supply in the Community ;                          Ireland                          1.56
                                                                   Italy                         62.50
Whereas, consequently, Community supplies of those                 United Kingdom                   7 . 82
qualities of yarn depend to a considerable extent on
imports ; whereas full application of the Common
Customs Tariff duty would result in those products
being subjected to a considerable customs charge          Whereas, to take account of future trends in imports
while products manufactured from silk yarn face           of the product in question in the various Member
powerful competition from similar products manufac­       States, the quota should be divided into two instal­
tured from other material ; whereas an insufficient       ments, the first being distributed among the Member
supply, added to competition at finished product level,   States and the second to form a reserve intended to
might have adverse effects on the Community's             cover any subsequent requirements of Member States
processing industries ;                                   who have used up their initial shares ; whereas in
                                                          order to ensure a certain degree of security for impor­
                                                          ters of each Member State the first instalment should
Whereas the Common Customs Tariff duty applicable
to imports of the silk yarn in question in 1983 is        in this case be 7 1 % of the total quota ;
6- % ; whereas, when fixing the quota duty, it is
appropriate to take into account, on the one hand, the
situation of the Community silk yarn producing
industry and, on the other, that of the silk yarn         Whereas the initial shares may be used up at different
processing industries with regard to their supplies on    rates ; whereas, therefore, to avoid disruption of
favourable terms ; whereas a quota duty of 2-5 %          supplies, any Member State which has almost used up
could best meet the abovementioned requirements ;         its initial share should draw a supplementary share
                                                          from the reserve ; whereas this must be done by each
                                                          Member State as each one of its supplementary shares
Whereas the trends in imports during recent years         is almost used up, and as many times as the reserve
suggest that the import requirements for the yarns in     allows ; whereas the initial and supplementary shares
question might be in the region of 90 tonnes for          must be valid until the end of the quota period ;
 198 3i whereas the opening of a Community tariff         whereas this form of administration requires close
quota of that volume is unlikely to harm Community        collaboration between the Member States and the
production ;                                              Commission, and the Commission must be in a posi­
                                                          tion to follow the extent to which the tariff quota has
Whereas equal and continuous access to the quota          been used up and inform the Member States accord­
should be ensured for all importers and the rate laid     ingly ;
 ---pagebreak--- Whereas if, at a given date in the quota period, a           portion returned to the reserve where Article 5 is
considerable quantity of the initial share is left over in   applied, has been used up, that Mc 'rtber State shall
a Member State, it is essential that that Member State       forthwith, by notifying the Comr.-isiion, draw a
should return a significant percentage thereof to the        second share equal to 10 % of this initial share,
reserve, so as to avoid a part of the Community tariff       rounded up where necessary to the next whole
quota remaining unused in one Member State when it           number, to the extent permitted by the amount of the
could be used in others ;                                    reserve .
Whereas, since the Kingdom of Belgium, the                   2.    If, after its initial share has been used up, 90 %
Kingdom of the Netherlands and the Grand Duchy of            or more of the second share draw by a Member State
Luxembourg are united within and jointly represented         has been used up, that Member State shall forthwith,
by the Benelux Economic Union, any operation                 in accordance with the conditions set out in para­
concerning the administration of the shares allocated        graph 1 , draw a third share equsi to 5 % of its initial
to that economic union may be carried out by any             share.
one of its members,
                                                             3.    If, after its second share has been used up, 90 %
                                                             or more of the third share drawn by a Member State
                                                             has been used up, that Member State shall forthwith,
HAS ADOPTED THIS REGULATION :                                in accordance with the same conditions, draw a fourth
                                                             share equal to the third.
                         Article 1                           This process shall continue to apply until the reserve
                                                             is used up.
1 . From 1 January to 31 December 1983 the auto­
nomous duty of the Common Customs Tariff for yarn            4.     By way of derogation from paragraphs 1 , 2 and
entirely of silk, other than yarn of noil or other waste     3, Member States may draw lower shares than those
silk, not put up for retail sale, falling within heading     specified therein if there are grounds for believing
No ex 50.04, shall be suspended at 2-5 % within a            that those specified may not be used up. They shall
Community tariff quota of 90 tonnes.                         inform the Commission of their reasons for applying
                                                             this paragraph.
2.    Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the Act of                                   Article 4
Accession of 1979.
                                                             Supplementary shares drawn pursuant to Article 3
                                                             shall be valid until 31 December 1983-
                         Article 2
1.    A first instalment of 64 tonnes of this Commu­                                    Article 5
nity tariff quota shall be allocated among the Member
States ; Member States' shares, which, subject to            Member States shall return to the reserve, not later
Article 5, shall be valid until 31 December 1 983 s^a"       than 1 October 1983 , the unused portion of their
be as follows :                                              initial share which, on 15 September 1983 , is in
                                               (tonnes)      excess of 20 % of the initial amount. They may return
        Benelux                                    1
                                                             a larger quantity if there are grounds for believing that
        Denmark                                    1
                                                             such quantity might not be used.
        Germany                                    5
        Greece                                     1
                                                             Member States shall notify the Commission, not later
        France                                     10
                                                             than 1 October 1 98 '3 ,of the total quantities of silk
        Ireland                                    1
                                                             yarn imported up to and including 15 September
                                                             1983 and charged against the Community quota and
        Italy                                     40
                                                             of any portion of their initial share returned to the
        United Kingdom                               5
                                                             reserve .
 2.   The second instalment of26 tonnes shall consti-
 tute the reserve .                                                                     Article 6
                                                             The Commission shall keep an account of the shares
                         Article 3                           opened by the Member States pursuant to Articles 2
                                                             and 3 and shall, as soon as it has been notified, inform
 1.    If 90 % or more of a Member State s initial share     each State of the extent to which the reserve has been
 as specified in Article 2 ( 1 ), or of that share minus the used up.
 ---pagebreak---                                                      - 3 -
It shall inform the Member States, not later than 5          the product is entered with the customs authorities for
October 1983 of the amount in the reserve after              free circulation.
amounts have been returned thereto pursuant to
Article 5.                                                   4.    The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
It shall ensure that the drawing which exhausts the          imports charged in accordance with paragraph 3.
reserve is limited to the balance available and to this
end shall specify the amount thereof to the Member                                  Article 8
State making the last drawing.
                                                             At the Commission s request, Member States shall
                        Article 7                            inform it of the imports actually charged against their
                                                             shares.
1 . Member States shall take all appropriate
measures to ensure that supplementary shares drawn                                  Article 9
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against          Member States and the Commission shall cooperate
their accumulated shares of the Community quota.             closely to ensure that this Regulation is complied
                                                             with.
2. Member States shall ensure that importers of the
product in question      ""                       have
free access to the shares allocated to them .                                      Article 10
3.    Member States shall charge imports of the              This Regulation shall enter into force on 1 January
product in question against their shares as and when         1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels.           1982 .
                                                                         For the Council
                                                                          The President
 ---pagebreak---                                                 DRAFT
                                 COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff
              quota for yarn, spun entirely from waste silk other than noK, r.ot put up for
              retail sale, falling within subheading 50.05 A of the Cominon Customs Tariff
                                                         ( 198 3 )
THE COUNCIL OF THE EUROPEAN                                      Whereas equal and continuous access to the quota
COMMUNITIES,                                                     should be ensured for all importers, and the rate laid
                                                                 down for the tariff quota should be applied consist­
                                                                 ently to all imports of the product in question until
Having regard to the Treaty establishing the European            the quota is used up ; whereas a system of utilization
Economic Community, and in particular Article 28                 of the Community tariff quota based on an allocation
thereof,                                                         between the Member States concerned would, in the
                                                                 light of the principles outlined above, appear
                                                                 consistent with the Community nature of the quota ;
Having regard to the draft Regulation submitted by
the Commission,
                                                                 Whereas in view of these factors and of the forecasts
Whereas yarn spun from waste silk is produced in the             which it is possible to make, the initial percentage
Community ; whereas, although that production                    shares in the quota volume can be expressed approxi­
should cover all the Community requirements by                   mately as follows :
reason of its overall volume, this does not apply with
regard to yarn spun entirely from waste silk ; whereas
there is as a result, an insufficient supply in the
Community ;
                                                                          Bénélux               0 . 63
                                                                          Denmark               Q 63
Whereas, consequently, Community supplies of those                        Germany               3-74
                                                                          Greece                0.63
qualities of yarn depend to a considerable extent on                      France               12.50
imports ; whereas full application of the Common                          Ireland               0.63
Customs Tariff duty would result in those products
                                                                          Italy                62.50
being subjected to a considerable customs charge
while products manufactured from silk yarn face                           United Kingdom       17.74
powerful competition from similar products manufac­
tured from other material ; whereas an insufficient
supply, added to competition at finished product level,
might have adverse effects on the Community's                    Whereas, to take account of future trends in imports
processing industries ;                                          of the product in question in the various Member
                                                                 States the quota should be divided into two instal­
                                                                 ments, the first being distributed among the Member
                                                                 States and the second to form a reserve intended to
Whereas the Common Customs Tariff duty applicable
to imports of the yarn spun from waste silk in ques­             cover any subsequent requirements of Member States
tion is 3*2 Vo ; whereas, when fixing the quota duty, it         who have used up their initial shares ; whereas in
is appropriate to take into account, on the one hand,            order to ensure a certain degree of security for impor­
the situation of the Community industry producing                ters of each Member State the first instalment should
yarn spun from waste silk and, on the other, that of             be fixed at approximately 80 O/,°          tota' quota ;
the industries processing yarn spun from waste silk
with regard to their supplies on favourable terms ;
whereas a zero quota duty could best meet the above-
mentioned requirements ;                                         Whereas the initial shares may be used up at different
                                                                 rates ; whereas, therefore, to avoid disruption of
                                                                 supplies, any Member State which has almost used up
Whereas the trends in imports in recent years suggest            its initial share should draw a supplementary share
that Community import requirements for the yarns in              from the reserve ; whereas this must be done by each
question might be in the region of 2'QD tonnes for               Member State as each one of its supplementary shares
 198^; whereas the opening of a Community tariff                 is almost used up, and as many times as the reserve
quota of that volume is unlikely to harm Community               allows ; whereas the initial and supplementary shares
production ;                                                     must be valid until the end of the quota period ;
 ---pagebreak---                                                            - 2 -
whereas this form of administration requires close                                           Article 3
collaboration between the Member States and the
Commission, and the Commission must be in a posi­                1.    If 90 % or more of a Member State s initial share
tion to follow the extent to which the tariff quota has         as specified in Article 2 (1 ), or of that share minus the
been used up and inform the Member States accord­               portion returned to the reserve where Article 5 is
ingly ;                                                         applied, has been used up, that Member State shall
                                                                 forthwith, by notifying the Commission, draw a
Whereas if, at a given date in the quota period, a               second share equal to 10 % of its initial share,
considerable quantity of the initial share is left over in      rounded up where necessary to the next whole
a Member State, it is essential that that Member State
                                                                 number, to the extent permitted by the amount of the
should return a significant percentage thereof to the            reserve .
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 ;                                        2.     If after its initial shares has been used up, 90 %
                                                                 or more of the second share drawn by a Member State
Whereas, since the Kingdom of Belgium, the                       has been used up, that Member State shall forthwith,
Kingdom of the Netherlands and the Grand Duchy of                in accordance with the conditions set out in para­
Luxembourg are united within and jointly represented            graph 1 , draw a third share equal to 5 % of its initial
by the Benelux Economic Union , any operation                    share.
concerning the administration of the shares allocated
to that economic union may be carried out by any                 3. If after its second share has been used up, 90 %
one of its members,
                                                                 or more of the third share drawn by a Member State
                                                                 has been used up, that Member State shall forthwith,
                                                                 in accordance with the same conditions, draw a fourth
HAS ADOPTED THIS REGULATION :                                   share equal to the third.
                                                                This process shall continue to apply until the reserve
                         Article 1
                                                                 is used up.
1 ." From 1 January to 31 December 198 3the auto­
nomous duty of the Common Customs Tariff for yarn                4. By way of derogation from paragraphs 1 , 2 and
spun entirely from waste silk other than noil, not put           3, Member States may draw lower shares than those
up for retail sale, falling within subheading 50.05 A,           specified therein if there are grounds for believing
shall be totally suspended within a Community tariff             that those specified may not be used up. They shall
quota of 200 tonnes.                                             inform the Commission of their reasons for applying
                                                                 this paragraph.
2. Within the limits of the tariff quota referred to
in paragraph 1 , Greece shall apply duties calculated in
accordance with the relevant provisions of the 1979
Act of Accession.                                                                            Article 4
                                                                 Supplementary shares drawn pursuant to Article 3
                         Article 2
                                                                 shall be valid until 31 December 1983 .
1 . A first instalment of 1 60tonnes of this Commu­
nity tariff quota shall be allocated among the Member
States ; Member States' shares, which, subject to                                            Article 5
Article 5, shall be valid until 31 December 1983/hall
be as follows :
                                                                 Member States shall return to the reserve not later
                                          (tonnes)               than 1 October 1983 the unused portion of their
        Benelux                              1                   initial share which, on 15 September 1983 , is in
        Denmark                              1
                                                                 excess of 20 % of the initial amount. They may return
        Germany                              6
                                                                 a larger quantity if there are grounds for believing that
        Greece                               1                   such quantity might not be used.
        France                             20
        Ireland                              1                   Member States shall notify the Commission, not later
        Italy                             100                    than 1 October 1983, of the total quantities of yarn
        United Kingdom                     30                   spun entirely from waste silk imported up to and
                                                                 including 15 September 1983 and charged against the
2.    The second instalment of 4Ctonnes shall consti­            Community quota and of any portion of their initial
tute the reserve.                                               share returned to the reserve .
 ---pagebreak---                                                          -3-
                        Article 6                            3. Member States shall charge imports of the
                                                             product in question against their shares as and when
The Commission shall keep an account of the shares           the product is entered with the customs authorities for
opened by the Member States pursuant to Articles 2           free circulation .
and 3 and shall, as soon as it has been notified, inform
each State of the extent to which the reserve has been
                                                             4.     The extent to which a Member State has used up
used up.                                                     its share shall be determined on the basis of the
It shall inform the Member States, not later than 5          imports charged in accordance with paragraph 3.
October 198 3 of the amount in the reserve after
amounts have been returned thereto pursuant to                                       Article 8
Article 5 .
It shall ensure that the drawing which exhausts the          At the Commission s requ^t, Member States shall
reserve is limited to the balance available and to this      inform it of the imports actually charged against their
end shall specify the amount thereof to the Member           shares.
State making the last drawing.
                                                                                     Article 9
                        Article 7
1.    Member States shall take all appropriate               Member States and the Commission shall cooperate
measures to ensure that supplementary shares drawn           closely to ensure that this Regulation is complied
pursuant to Article 3 are opened in such a way that          with .
imports may be charged without interruption against
such accumulated shares of the Community quo.ta.
                                                                                    Article 10
2. Member States shall ensure that imports of the
product in question                                  have    This Regulation shall enter into force on 1 January
free access to the shares allocated to them .                198 '3 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,             1982 .
                                                                         For the Council
                                                                           The President