CELEX: 51979PC0562
Language: en
Date: 1979-10-23
Title: DRAFT FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING, PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR RAW SILK (NOT THROWN) FALLING WITHIN THE HEADING No. 50.02 OF THE COMMON CUSTOMS TARIFF FOR 1980#DRAFT FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING, 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 THE HEADING No. EX 50.04 OF THE COMMON CUSTOMS TARIFF FOR 1980#DRAFT FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING, PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR YARN SPUN ENTIRELY FROM SILK WASTE OTHER THAN NOIL, NOT PUT UP FOR RETAIL SALE, FALLING WITHIN SUBHEADING No. EX 50.05 A OF THE COMMON CUSTOMS TARIFF FOR 1980 (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 562
Vol. 1979/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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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.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(79)562 final
                                               Brussels , 23rd October 1979
                                                    ,aVI( ( EEC )
                        DRAFT FOR A COUNCIL REGULATION
                                            ->       ;.-A
           OPENING - ALLOCATING , PROVIDING FOR THE ADMINISTRATION OF A
                               ■      -                 *\
            COMMUNITY TARIFF; QUOTA FOR RAW SILK ( NOT THROWN ) FALLING
      WITHIN THE HEADING No . 50.02" OF THE COMMON CUSTOMS TARIFF FOR 1980
                                         »> i            i
                                 x , ■ •          • /
                                  V /,. ,
                        DRAFT FOR A COUNCIL REGULATION ( EEC )
           OPENING, ALLOCATING , 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 THE HEADING No . EX 50.04
                       OF THE COMMON CUSTOMS TARIFF FOR 1980
                        DRAFT FOR A COUNCIL REGULATION ( EEC )
           OPENING , ALLOCATING , PROVIDING FOR THE ADMINISTRATION OF A
        COMMUNITY TARIFF QUOTA FOR YARN SPUN ENTIRELY FROM SILK WASTE
          OTHER THAN NOIL , NOT PUT UP FOR RETAIL SALE , FALLING WITHIN
       SUBHEADING No . EX 50.05 A OF THE COMMON CUSTOMS TARIFF FOR 1980
                   ( presented by the Commission to the Council )
COM ( 79 ) 562 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
A further study of the situation as regards raw silk (not thrown) ,
yarn entirely of silk , other than yarn of noil or other, waste silk ,
and /am spun entirely from silk waste other than noil was carried
out by Commission departments with experts of the Member States at
a .'meeting of the Working Party on Tariff Economy held in April 1979
under aegis of the Commission .
As in previous years , general opinion was in favour of maintaining
the status quo .
The discussion produced the following information :
( 1 ) As regards raw silk (not thrown) .
For a number of years , Community production has been at very low levels
and only takes place in certain regions in Italy .
This reduction in production was due to several factors , in particular
the fact that production was organized on the basis of small undertakings
inadequately rationalized or modernized and also the fact that competetion
from some non-member countries , in particular the People 's Republic of
China , brought a huge quantity of high-quality goods at very advantageous
prices on to the Community market .
The Community had at the time focussed attention on the importance to
the EEC of maintaining Community production of raw silk . Because of
this policy , efforts were made in Italy to modernize and rationalize ,
activity through investments of the order of billions of Italian lire ,
with asisistance from the Community (EAGGF) or from the State , the
regions , the Cassa del Mezzogiorno and individual farmers . The
purpose of these efforts was to ensure a gradual increase in production
 in the future .           s
 In view of this situation , it appears that an extension of the term
 of validity of the tariff quota scheme now in force would guarantee
 Community supplies and enable the development of Community production
 to be kept track of without prejudicing its future prospects .
 ---pagebreak---                            - 2 -
According to the present estimates , the level of Community production
in 1980 will be similar to that of 1979 , which totalled 40 tonnes
approximately .
Furthermore , Member States' estimates show that their import requi­
rements will be in the region of a total of 4,200 tonnes . This figure
was therefore adopted as the initial quota volume in the attached
draft regulation . It does not however exclude the possibility of future
adjustments in the course of the year .
( 2 ) As regard yarn entirely of silk or silk waste :
The yarn in question is of certain very specific qualities , which are
classified under tariff heading No . ex 50.04 and subheading 50.05 A ,
but for which there are no statistical subdivisions . In the absence of
statistics on this yearn it has been necessary , for the purpose of de­
termining the amounts of the quotas , to make use of the estimates con­
cerning import requirements submitted by the Member States . Total re­
quirements for 1980 amount to 60 tonnes of silk yarn and 220 tonnes of
yarn spun from silk waste other than noil . These figures have been
adopted for the tariff quotas in the draft regulations attached to
this document .
As regard quota duties , the Commission has no information that would
lead it to alter the 1979 rate for silk yarn , i.e. , 2.5% ; on the
other hand the 1 % duty fixed for yarn spun from silk waste other than
noil is so low that the Commission , in the light of the possible agreement
of all the Member States , has proposed a zero rate of duty for 1980 ;
exemption from the duty on raw silk is again proposed for 1980 .
 ---pagebreak---                                                     DRAFT OF A
                                    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
                                                         ( 1980 )                                 '
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas, in view of these factors, the initial percentage
                                                                  shares in the quota volume fori 980 can be expressed
                                                                  approximately as follows:
                                                                        Bénélux                                    015
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 28                       Denmark                                    01 5
thereof,                                                                Germany                                    5-90
                                                                        France                                   29-45
 Having regard to the draft Regulation submitted by the                 Ireland                                    0-J5
 Commission,                                                            Italy                                    58-90
                                                                        United Kingdom                             5-30
 Whereas Community production of raw silk i,not
 thrown) falling within heading No 5 0.02 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 import trends for the
 therefore depends to a great extent on imports from              products concerned, the quota should be divided into
 non-member countries; whereas it is in the interests of          two instalments, the first being allocated and the second
 the Community to suspend totally the Common                      held as a reserve to cover any subsequent requirements
 Customs Tariff duty on the product in question, within^          of Member States which have used up their initial share;
 the limits of a Community tariff quota, of ail ap­               whereas, to give importers some degree of certainty, the
propriate volume ;                                                first instalment of the tariff quota should be fixed at
                                                                  81% of the amount of the quota;
 Whereas it is desirable at the present time to avoid final
 measures which could lead to the halting of action
Taken in the sector . over a number of years to increase          Whereas initial shares may be used up at different rates ;
 Community production ; whereas, under such                       whereas to avoid disruption of supplies on this account
 conditions, it is advisable to extend the tariff system in •     it should be provided that any Member State which has
 force in L9?9 ;                                                  almost used up its initial share should draw an
                                                                  additional share from the reserve ; whereas each time its
                                                                  additional share is almost used up a Member State
 Wheteas Community production does not appear to                  should draw a further share, and so on as many times as
 have changed considerably when compared with 1 979 ;             the reserve allows ; whereas the initial and additional
 whereas, taking account of this production and of the            shares should be valid until the end of the quota period ;
 forecasts for 1980 , the imports needed to satisfy               whereas this form of administration requires close
 consumption within the Community- can be estimated at            collaboration between the Member States and the
 4 200 tonnes ; whereas the fixing of the quota amount            Commission, and the Commission must be in a position
 at this level does not preclude an adjustment within the         to keep account of the extent to which the quotas have
quota period;                                                     been used up and to inform the Member States
                                                                  accordingly;
 Whereas equal and continuous access to the quota
 should be ensured for all Community importers and the
 rate laid down for the tariff quota should be applied
 consistently to all imports of the product in question           Whereas if at a given date in the quota period a
 until the quota is used up; whereas a system of                  considerable quantity of a Member State's initial share
 utilization of the Community tariff quota, based on an           remains unused it is essential that such State should
'allocation between the Member States concerned,                  return a significant proportion thereof to the reserve, in
 would, in the light of the principles outlined above,            order to prevent a part of the Community tariff quota
 appear consistent with the Community nature of the               from remaining unused in one Member State while it
 quota;                                                           could be used in others ;
 ---pagebreak---                                                               - 2 -
  Whereas, since the Kingdom of Belgium, the Kingdom                the extent provided in paragraph 1 , draw a third share
  of the Netherlands and the Grand Duchy of                         equal to 5% of its initial share, rounded up as necessary
  Luxembourg are united within and jointly represented              to the next whole number.
  by the Benelux Economic Union, any measure
  concerning the administration of the shares allocated to          3 . If a Member State, after exhausting its second share,
  that economic union may be carried out by any one of              has used 90% or more of the third share drawn by it,
. its members,                                                       that Member State shall, in the manner and to the
                                                                     extent provided in paragraph 1, draw a fourth share
                                                                     equal to the third.
                                                                     This process shall apply until the reserve is used up.
  HAS ADOPTED THIS REGULATION:                                       4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                     Member State may draw shares lower than those
                                                                      specified in those paragraphs if there are grounds for
                                                                      believing that those specified may not be used in full.
                            Article 1                                 Any Member State applying this paragraph shall inform
                                                                      the Commission of its grounds for so doing.
   From 1 January until 31 December 1 980 , the
   autonomous duty of the Common Customs Tariff for
   raw silk (not thrown) falling within heading No 50.02
                                                                                                Article 4
   shall be totally suspended within a Community tariff
   quota of 4 200 tonnes.
                                                                       Additional shares drawn pursuant to Article 3 shall be
                                                                       valid until 31 December 1 980 .
                             Article 2
    1 . A first instalment of 3 395 tonnes of this                                               Article 5
    Community tariff quota shall be allocated among the
    Member States; the shares, which subject to Article 5              Member States shall, not later than 1 October 1980 ,
    shall be valid until 31 December 1980 ,1shall be as                return to the reserve, the unused portion of their initial
    follows :                                                          share which, on 15 September 1 980,is in excess of 30%
                                                                       of the initial volume. They may return a greater portion
                                                     (tonnes)          if there are grounds for believing that it may not be used
           Bénélux                                          5           in full .
           Denmark                                          5
                                                         200            Member States shall, not later than I October 19S0 ,
           Germany
                                                       1000
                                                                        notify the Commission of the total quantities of the
           France
                                                            5
                                                                        product in question imported up to and including 15
           Ireland                                                      September 1980and charged against the Community
           Italy                                       2 000             quota and of any portion of their initial shares returned
           United Kingdom                                180             to the reserve.
     2. The second instalment of 805 tonnes shall constitute
     the reserve.
                                                                                                  Article 6
                                                                         The Commission shall keep an account of the shaies
                              Article 3                                  opened by the Member States pursuant to Articles 2 and
                                                                         3 and shall, as soon as the information reaches it,
      1. If a Member State has used 90% or more of its                   inform each State of the extent to which the reserve has
      initial share as fixed in Article 2 ( 1 ), or of that share        been used up.
      minus any portion returned to the reserve pursuant to               It shall, not later than 5 October 1980 , inform the
      Article 5, it shall forthwith, by notifying the                     Member States of the amount still in reserve, following
      Commission, draw a second share, to the extent that the
       reserve so permits, equal to 10% of its initial share,             any return of shares pursuant to Article 5.
       rounded up as necessary to the next whole number.                  It shall ensure that the drawing which exhausts the
       2. If a Member State, after exhausting its initial share,          reserve does not exceed the balance available, and to
       has used 90% or more of the second share drawn by it,              this end shall notify the amount of that balance to the
       that Member State shall forthwith, in the manner and to             Member State making the last drawing.
 ---pagebreak---                                                        - 3 -
                        Article 7                                                        Article 8
1 . The Member States shall take all appropriate                At the request of the Commission, the Member States
measures' to ensure that additional shares drawn                shall inform it of imports actually charged against their
pursuant to Article 3 are opened in such a way that             shares.
importations may be charged without interruption
against their accumulated shares of the Community
quota.
                                                                                        Article 9
2. The Member States shall ensure that importers of
the product in question established in their territory
have free access to the shares allocated to them.               The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
3 . The Member States shall charge against their shares
imports of the product in question as and when the
product is entered with the customs authorities for
home use .
                                                                                        Article 10
4. The extent to which a Member State has used up its
share shall be determined on the basis of the imports           This Regulation shall enter into force on 1 January
charged in accordance with paragraph 3 .                        1980 .
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
             Done at
                                                                                       For the Council
                                                                                        The President
 ---pagebreak---                                                          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 ( 1 980)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas equal and continuous access to the quota
                                                                 should be ensured for all importers and the rate laid
                                                                 down for the tariff quota should be applied consistently
                                                                 to all imports of the product in question until the quota
                                                                 is used up; whereas a system of utilization of the
                                                                 Community tariff quota, based on an allocation
Having regard to the Treaty establishing the European            between the Member States concerned, would, in the
Economic Community, and in particular Article 28                 light of the principles outlined above, appear consistent
thereof,                                                         with the Community nature of the quota; whereas, to
                                                                 represent as closely as passible the actual market trends
                                                                 in the product in question, the allocation should be
Having regard to the draft Regulation submitted by the           proportionate to the requirements of the Member States
Commission,                                                      calculated with reference to statistical data on imports
                                                                 during a representative reference period and to the
                                                                 economic prospects for the quota period in question ; .
Whereas silk yarn is produced in the Community;
whereas, although that production could cover all the
Community requirements by reason of its overall
volume, this does not apply with regard to yarn entirely
spun from silk; whereas there is, as a result, an                Whereas the imports of the products falling within
insufficient supply in the Community;                            heading No ex 50.04 of each of the Member States
                                                                 concerned during the last three years for which
                                                                 complete statistics are available represent the following
Whereas consequently Community supply for those                  percentages of total Community imports of these
qualities of yarn depends to a considerable extent on            products:
imports; whereas full application of the Common
Customs Tariff duty would result in those products                                              1976       1977     1978
being subjected to a considerable customs charge while           Bénélux                        0        0           0
products manufactured from silk yarn face powerful                                                                   0
                                                                 Denmark                        0-7      0
competition from similar products manufactured from
other material ; whereas an insufficient supply, added to        Germany                        70     91-565        0,03
competition at finished product level, might have                France                        10-4      0
                                                                                                                   43.81
adverse effects on the Community's processing                    Ireland                        0-4      0-332       0
industries ;                                                                                                       56.16
                                                                 Italy                         76-0      1-236
                                                                 United Kingdom                 5-5      6-867       0
Whereas the Common Customs Tariff duty applicable
to imports of the silk yarn in question is 7% ; whereas,
when fixing the quota duty, it is appropriate to take
into account, on the one hand, the situation of the              Whereas, in view of these factors and of the forecasts
Community silk yarn producing industry and, on the               which it is possible to make, the initial percentage
other, that of the silk yarn processing industries with          shares in the quota volume can be expressed
regard to their supplies on favourable terms; whereas a          approximately as follows :
quota duty of 2-5% could best meet the
abovementioned requirements;
                                                                       Bénélux                                     2*5
                                                                      Denmark                                      2*5
Whereas the trends in imports during recent years                     Germany                                    25 0
suggest that the import requirements for the yarns in                 France                                     300
question might be in the region of 60 tonnes for 1 980 ;              Ireland                                      2-5
whereas the opening of a Community tariff quota of
that volume is unlikely to harm Community                              Italy                                     27-5
production;                                                           United Kingdom                              10 0
 ---pagebreak---                                                         - 2 -
Whereas, to take account of future import trends for the                               Article 2
products concerned, the quota should be divided into
two instalments, the first being allocated and the second     1 . A first instalment of 40 tonnes shall be allocated
held as a reserve to cover any subsequent requirements        among the Member States; the shares, which subject to
of Member States which have used up their initial share;      Article 5 shall be valid until 31 December ] 980 , shall    be
whereas, to give importers some degree of certainty, the      as follows :
first instalment of the tariff quota should be fixed at a
high level, which in this case could be 67% of the                                                            (tonnes)
amount of the quota;                                                 Bénélux                                         1
                                                                     Denmark                                         1
Whereas initial shares may be used up at different rates;            Germany                                       10
whereas to avoid disruption of supplies on this account              France                                        12
it should be provided that any Member State which has
                                                                     Ireland                                         1
almost used up its initial share should draw an
additional share from the reserve; whereas each time its             Italy •                                       11
additional share is almost used up a Member State                    United Kingdom                                  4
should draw a further share, and so on as many times as
the reserve allows; whereas the initial and additional
shares should be valid until the end of the quota period;     2 . The second instalment of 20 tonnes shall constitute
whereas this form of administration requires close            the reserve.
collaboration between the Member States and the
Commission, and the Commission must be in a position
to keep account of the extent to which the quotas have
been used up and to inform the Member States
accordingly;
                                                                                       Article 3
Whereas if at a given date in the quota period a              1.   If a Member State has used 90% or more of its
considerable quantity of a Member State's initial share       initial share as fixed in Article 2 ( 1 ), or of that share
remains unused it is essential that such State should         minus any portion returned to the reserve pursuant to
return a significant proportion thereof to the reserve, in    Article 5, it shall forthwith, by notifying the
order to prevent a part of the Community tariff quota         Commission, draw a second share, to the extent that the
from remaining unused in one Member State while it            reserve so permits, equal to 10% of its initial share,
could be used in others ;                                     rounded up as necessary to the next whole number.
Whereas, since the Kingdom of Belgium, the Kingdom            2. If a Member State, after exhausting its initial share,
of the Netherlands and the Grand Duchy of                     has used 90% or more of the second share drawn by it,
Luxembourg are united within and jointly represented          that Member State shall forthwith, in the manner and to
by the Benelux Economic Union, any measure                    the extent provided in paragraph 1 , draw a third share
concerning the administration of the shares allocated to      equal to 5% of its initial share, rounded up as necessary
that economic union may be carried out by any one of          to the next whole number.
its members,
                                                              3 . If a Member State, after exhausting its second share,
                                                              has used 90% or more of the third share drawn by it,
                                                              that Member State shall, in the manner and to the
                                                              extent provided in paragraph 1 , draw a fourth share
HAS ADOPTED THIS REGULATION :                                 equal to the third.
                                                              This process shall apply until the reserve is used up,
                         Article 1
From 1 January until 31 December 1 980 , the                  4. By way of derogation from paragraphs 1 , 2 and 3 , a
autonomous duty of the Common Customs Tariff for              Member State may draw shares lower than those
yarn entirely of silk, other than yarn of noil or other       specified in those paragraphs if there are grounds for
 waste silk, not put up for retail sale, falling within       believing that those specified may not be used in full.
heading No ex 50.04, shall be suspended at 2-5%               Any Member State applying this paragraph shall inform
within a Community tariff quota of 60 tonnes.                 the Commission of its grounds for so doing.
 ---pagebreak---                                                  - 3 -
                        Article 4                                                         Article 7
Additional shares drawn pursuant to Article 3 shall be            1 . The Member States shall take all appropriate
valid until 31 December 1 980 *                                  measures to ensure that additional          shares drawn
                                                                 pursuant to Article 3 are opened in such a way that
                                                                 importations may be charged without interruption
                        Article 5                                against their accumulated shares of the Community
                                                                 quota.
Member States shall, not later than 1 October 1980 ,
return to the reserve the unused portion of their initial         2. The Member States shall ensure that importers of
share which, on 15 September J 980/s in excess of 20%             the product in question established in their territory
of the initial volume. They may return a greater portion          have free access to the shares allocated to them . •
if there are grounds for believing that it may not be used
in full .                                                         3 . The Member States shall charge against their shares
                                                                  imports of the product in question as and when the
                                                                  product is entered with the customs authorities for
Member States shall, not later than 1 October 1980 ,              home use.
notify the Commission of the total quantities of the
product in question imported up to and including 15
                                                                  4. The extent to which a Member State has used up its
September 1 98 0 and charged against the Community
                                                                  share shall be determined on the basis of the imports
quota and of any portion of their initial shares returned
to the reserve.                                                   charged in accordance with paragraph 3 .
                                                                                          Article 8
                        Article 6
                                                                  At the request of the Commission, the Member States
The Commission shall keep an account of the shares                shall inform it of imports actually charged against their
opened by the Member States pursuant to Articles 2 and            shares.
3 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve has
been used up.                                                                             Article 9
It shall, not later than 5 October 198 Conform the                The Member States and the Commission shall cooperate
Member States of the amount still in reserve, following           closely to ensure that this Regulation is complied with.
any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the                                       Article 10
reserve does not exceed the balance available, and to
this end shall notify the amount of that balance to the           This Regulation shall enter into force on 1 January
Member State making the last drawing.                              1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at
                                                                                         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 silk waste other than noil, not put up for retail sale, falling within
                               subheading 50.05 A of the Common Customs Tariff ( 1 980)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas equal and continuous access to the quota
                                                                should be ensured for all importers and the rate laid
                                                                down for the tariff quota should be applied consistently
                                                                to all imports of the product in question until the quota
                                                                is used up; whereas a system of utilization of the
                                                                Community tariff quota, based on an allocation
Having regard to the Treaty establishing the European           between the Member States concerned, would, in the
Economic Community, and in particular Article 28                light of the principles outlined above, appear consistent
thereof,                                                        with the Community nature of the quota; whereas, to
                                                                represent as closely as possible the actual market trends
                                                                in the product in question, the allocation should be
Having regard to the draft Regulation submitted by the          proportionate to the requirements of the Member States
Commission,                                                     calculated with reference to statistical data on imports
                                                                during a representative reference period and to the
                                                                economic prospects for the quota period in question ;
Whereas yarn spun from waste silk is produced in the
Community; whereas, although that production should
cover all the Community requirements by reason of its
overall volume, this does not apply with regard to yarn
                                                                Whereas the imports of the products falling within
entirely spun from waste silk; whereas there is, as a
                                                                subheading 50.05 A of each of the Member States
result, an insufficient supply in the Community;
                                                                concerned during the last three years for which
                                                                complete statistics are available represent the following
 Whereas consequently Community supplies for those              percentages of total Community imports of these
 qualities of yarn depend to a considerable extent on           products:
 imports; whereas full application of the Common
 Customs Tariff duty would result in those products "                                            1976         1977
                                                                                                                     1978
 being subjected to a considerable customs charge while         Bénélux                          0         .0         0
 products manufactured from silk yarn face powerful             Denmark                          0          0         0
 competition from similar products manufactured from                                                                  1 . 53
                                                                Germany                          1-16      52-298
 other material; whereas an insufficient supply, added to
                                                                                                11-54       0        16.60
 competition at finished product level , might have             France
 adverse effects on the Community's processing                  Ireland                          0     ,    0         0
 industries;                                                    Italy                           6215        0-261    67.35
                                                                                                2515     - 47-441  • 14.52
                                                                United Kingdom
Whereas the Common Customs Tariff duty applicable
 to imports of the yarn spun from waste silk in question
 is 3-5% ; whereas, when fixing the quota duty, it is
 appropriate to take into account, on the one hand, the
 situation of the Community industry producing yarn             Whereas, in view of these factors and of the forecasts
 spun from waste silk and, on the other, that of the            which it is possible to make, the initial percentage
 industries processing yarn spun from waste silk with           shares in the quota volume can be expressed
 regard to their supplies on favourable terms; whereas a        approximately as follows:
 quota duty of 0% could best meet the abovementioned
 requirements ;
                                                                      Bénélux                0.52
                                                                       Denmark               0.52
  Whereas the trends in imports in recent years suggest                Germany             10.36
  that Community import requirements for the yarns in                  France              41 . 45
  question might be in the region of 220tonnes for 1 980 ;             Ireland               0.52
  whereas the opening of a Community tariff quota of                                       25.91
  that volume is unlikely to harm Community                            Italy
  production ;                             '                           United Kingdom      20.72 ;
 ---pagebreak---  Whereas, to take account of future import trends for the                            Article 2
 products concerned, the quota should be divided into
 two instalments, the first being allocated and the second  1 . A first instalment of193 tonnes shall be allocated
 held as a reserve to cover any subsequent requirements     among the Member States ; the shares, which subject to
 of Member States which have used up their initial share;   Article 5 shall be valid until 31 December j ggQ, shall be
 whereas, to give importers some degree of certainty, the   as follows :               ,
 first instalment of the tariff quota should be fixed at a
 high level , which in this case could be about                                                                ( tonnes)
                                                                  Bénélux                                              1
 87 % of the amount of the quota ;                                Denmark                                              1
                                                                  Germany                                           20
 Whereas initial shares may be used up at different rates ;       France                                            80
 whereas to avoid disruption of supplies on this account
                                                                  Ireland                                              1
 it should be provided that any Member State which has
 almost used up its initial share should draw an                  Italy                                              50
 additional share from the reserve; whereas each time its         United Kingdom                                    4Q
 additional share is almost used up a Member State
should draw a further share, and so on as many times as     2. The second instalment of            tonnes shall constitute
 the reserve allows; whereas the initial and additional     the reserve.
 shares should be valid until the end of the quota period;
 whereas this form of administration requires close
 collaboration between the Member States and the
 Commission, and the Commission must be in a position
to keep account of the extent to which the quotas have
 been used up and to inform the Member States                                         Article 3
 accordingly ;
                                                            1.   If a Member State has used 90% or more of its ini­
Whereas if at a given date in the quota period a
                                                            tial share as fixed in Article 2 ( 1 ), or of that share minus
 considerable quantity of a Member State's initial share
 remains unused it is essential that such State should      any portion returned to the reserve pursuant to Article
                                                            5, it shall forthwith, by notifying the Commission, draw
 return a significant proportion thereof to the reserve, in
                                                            a second share, to the extent that the reserve so permits,
 order to prevent a part of the Community tariff quota
                                                            equal to 10% of its initial share, rounded up as neces­
 from remaining unused in one Member State while it
 could be used in others ;                                  sary to the next whole number.
 Whereas, since the Kingdom of Belgium, the Kingdom         2. If a Member State, after exhausting its initial share,
 of the Netherlands and the Grand Duchy of                  has used 90% or more of the second share drawn by it,
 Luxembourg are united within and jointly represented       that Member State shall forthwith, in the manner and to
 by the Benelux Economic Union, any measure                 the extent provided in paragraph 1 , draw a third share
 concerning the administration of the shares allocated to   equal to 5% of its initial share, rounded up as necessary
 that economic union may be carried out by any one of       to the next whole number.
 its members,
                                                            3 . If a Member State, after exhausting its second share,
                                                            has used 90% or more of the third share drawn by it,
                                                            that Member State shall, in the manner and to the
 HAS ADOPTED THIS REGULAT ON :                              extent provided in paragraph 1 , draw a fourth share
                                                            equal to the third.
                           Article Î
                                                            This process shall apply until the reserve is used up .
 From 1 January until 31 December 1980 , the                4. By way of derogation from paragraphs 1 , 2 and 3 , a
 autonomous duty of the Common Customs Tariff for           Member State may draw shares lower than those
 yarn, spun entirely from silk waste other than noil, not   specified in those paragraphs if there are grounds for
 put up for retail sale, falling within subheading 50.05 A, believing that those specified may not be used in full .
 shall be totally suspended within a Com­                   Any Member State applying this paragraph shall inform
munity tariff quota of 220 tonnes .                         the Commission of its grounds for so doing.
 ---pagebreak---                                                            - 3 -
                        Article 4                                                         Article 7
Additional shares drawn pursuant to Article 3 shall be           1 . The Member States shall take all appropriate
valid until 31 December 1980 .                                   measures to ensure that additional shares drawn
                                                                 pursuant to Article 3 are opened in such a way that
                                                                 importations may be charged without interruption
                        Article S                                against their accumulated shares of the Community
                                                                 quota.
Member States shall, not later than 1 October 1980 ,                                                                    . I
return to the reserve the unused portion of their initial        2. The Member States shall ensure that importers of
share which, on 15 September 1 980, is in excess of 20%          the product in question established in their territory
of the initial volume. They may return a greater portion         have free access to the shares allocated to them.
if there are grounds for believing that it may not be used
in full.                                                         3 . The Member States shall charge against their shares
                                                                 imports of the product in question as and when the
Member States shall, not later than 1 October 1980 ,             product is entered with the customs authorities for
notify the Commission of the total quantities of the             home use,
product in question imported up to and including 15
September 1980and charged against the Community                  4. The extent to which a Member State has used up its
quota and of any portion of their initial shares returned        share shall be determined on the basis of the imports
to the reserve.                                          '       charged in accordance with paragraph 3 .
                                                                                          Article 8
                        Article 6
The Commission shall keep an account of the shares               At the request of the Commission, the Member States
opened by the Member States pursuant to Articles 2 and            shall inform it of imports actually charged against their
                                                                  shares.
3 and shall, as soon as the information reaches it,                            Λ
inform each State of the extent to which the reserve has
been used up.                                          /                                  Article 9
It shall, not later than 5 October ] 98 0 } inform the            The Member States and the Commission shall cooperate
Member States of the amount still in reserve, following           closely to ensure that this Regulation is complied with.
any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the                                       Article 10
reserve does not exceed the balance available, and to
this end shall notify the amount of that balance to the           This Regulation shall enter into force on 1 January
Member State making the last drawing.                              1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States. ~
               Done at
                                                                                        For the Council
                                                                                          The President
                                                                                       \
 ---pagebreak---                                                  r
FICHE FINANCIERE                                              Date
1 . Ligne budgétaire concernée : Chop . 12 art . 120
2 . Base juridique : Article 28 du Traité
3 . Intitule de la mesure tarifaire :
    Projets de règlements du Conseil portant ouverture , répartition et mode de
    gestion de contingents tarifaires communautaires pour la soie grège ( non mou­
    linée ) de la position 50.02 du T.D.C. , pour les fils entièrement de soie , non
    conditionnés pour la vente au détail , de la position ex 50.04 du TDC et pour
    les fils entièrement de bourre de soie ( Schappe ); non conditionnés pour la
    vente au détail , de la sous-position 50.05 A du TDC , pour l' année 1980 .
A. Objectif :
    Ouverture contingents tarifaires annuels autonomes couvrant les besoins
    communautaires .
5 . Mode de calcul :
    - N° du Î.D.C.                         50.02          ex 50.04           50.05 A
    - Volume du / des contingent ( s )   4.200 Τ          60 T               220 T
    - Droits à appliquer                   0%             2,5 %              0%
    ~ Droits du T.D.C.                     5%             7%                 3,5%
6 . Perte de recettes :
    Mode de calcul :
    Valeur d' une tonne ( en UCE )       22.702           24.409             21.737
    Valeur totale ( en UCE )        95.348.400       1 . 464.540          4.782.140
    Perte totale de recettes
           ( en UCE )                 4.767.420           65.900            167.375 ,
                                                     5.000.695 UCE
    Perte sur base de l' utilisation prévisible
    des contingents                                       3.477.000 UCE
    Par rapport à l' année 1979 , diminution des
    pertes de recettes de                                 1 . 217.000 UCE