CELEX: 31975R2885
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2885/75 of the Council of 29 October 1975 on the opening, allocation and administration of a Community tariff quota for yarn, spun entirely from silk waste other than noil, not put up for retail sale, falling within heading No ex 50.05 of the Common Customs Tariff (1976)

No L 292/26                         Official Journal of the European Communities                            12. 11 . 75
                               REGULATION (EEC) No 2885/75 OF THE COUNCIL
                                                  of 29 October 1975
              on the opening, allocation and administration of a Community tariff quota for yarn,
              spun entirely from silk waste other than noil, not put up for retail sale, falling within
                            heading No ex 50.05 of the Common Customs Tariff (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      Customs Tariff duty would result in those products
                                                               being subjected to a considerable customs charge
                                                               while products manufactured from silk yarn face
                                                               powerful competition from similar products
Having regard to the Treaty establishing the                   manufactured from other material ; whereas an
European Economic Community, and in particular                 insufficient supply, added to competition at finished
Article 28 thereof;                                            product level, might have adverse results for the
                                                               Community's processing industries ;
Having regard to the draft Regulation submitted
by the Commission ;
                                                               Whereas the Common Customs Tariff duty applicable
                                                               to imports of the yarn spun from waste silk in
Whereas, in accordance with the resolution passed              question is 3-5% ; whereas, when fixing the quota
at its meeting from 29 to 31 May 1967, the Council,            duty, it is appropriate to take into account, on the
by its Regulation (EEC) No 323 /70 (*), reintroduced,          one hand, the situation of the Community induistry
until 31 December 1976, the 7% autonomous duty                producing yarn spun from waste silk and, on the
of the Common Customs Tariff for yarn, spun                    other, that of the industries processing yarn spun
entirely from silk waste other than noil, not put up           from waste silk with regard to their supplies on
for retail sale, falling within heading No ex 50.05 ;          favourable terms ; whereas a quota duty of 1% could
whereas the conventional duty for that product is              best meet the abovementioned requirements ;
3-5% ;
Whereas     the   aforementioned     resolution   further      Whereas the trends in imports during 1974 suggest
provides for the opening, in respect of that period           that Community import requirements for the yarns in
and for such yarn, of an annual Community tariff               question might be in the region of 195 metric tons
quota with reduced duty or nil duty, where a change            for 1976 ; whereas the opening of a Community
in the sources of supply or an insufficient supply             tariff quota of that volume is unlikely to harm
within the Community might have adverse results                Community production ;
for the processing industries in the Member States ;
Whereas yarn spun from waste silk is produced in               Whereas equal and continuous access to the quota
the Community ; whereas, although that production              should be ensured for all importers and the rate
should cover all the Community requirements by                 laid down for the tariff quota should be applied
reason of its overall volume, this does not apply              consistently to all imports of the product in question
with regard to yarn entirely spun from waste silk ;            until the quota is used up ; whereas a system of
whereas there is, as a result, an insufficient supply          utilization of the Community tariff quota, based
                                                               on    an   allocation between    the  Member     States
in the Community;
                                                               concerned, would, in the light of the principles
                                                               outlined above, appear consistent with the Com­
                                                               munity nature of the quota ; whereas, to represent
Whereas, consequently, Community supplies of those             as closely as possible the actual market trends in the
qualities of yarn depend to a considerable extent
                                                               product in question, the allocation should be
on imports ; whereas full application of the Common
                                                               proportionate to the requirements of the Member
                                                               States calculated with reference to statistical data
                                                               on imports during a representative reference period
                                                               and to the economic prospects for the quota period
(x) OJ No L 43 , 24. 2. 1970, p. 8.                            in question ;
 ---pagebreak--- 12. 11.75                         Official Journal of the European Communities                            No L 292/27
Whereas the imports of the products falling within           Whereas if, at a given date in the quota period, a
heading No 50.05 of each of the Member States                considerable quantity is left over in a Member State,
concerned during the last three years for which              it is essential that that Member State should return
complete statistics are available represent the              a significant proportion to the reserve, so as to
following percentages of total Community imports             avoid a part of the quota remaining unused in one
of these products :                                          Member State when it could be used in others ;
                                 1972     1973      1974
                                                             Whereas, since the Kingdom of Belgium, the King­
Benelux                           0-1      1-5        1      dom of the Netherlands and the Grand Duchy of
                                                             Luxembourg are united within and jointly
Denmark                           0-1      0          0
                                                             represented by the Benelux Economic Union, any
Germany                          41-0     43-7      50       measure concerning the administration of the shares
France                           10-8      7-2      10
                                                             allocated to that Economic Union may be carried
                                                             out by any one of its members,
Ireland                           0-6      0          0
Italy                            38-7     36-0      33
United Kingdom                    8-7     12-6       6;      HAS ADOPTED THIS REGULATION :
Whereas, in view of these factors and of the forecasts                                Article 1
which it is possible to make, the initial percentage
shares in the quota volume can be expressed                  1 . From 1 January to 31 December 1976 the
approximately as follows :                                   autonomous duty of the Common Customs Tariff
                                                             for yarn , spun entirely from silk -^waste other than
         Benelux                              0-6            noil, not put up for retail sale, falling within heading
         Denmark                              0-6            No ex 50.05 , shall be suspended at 1% within a
                                                             Community tariff quota of 195 metric tons.
         Germany                             49-4
         France                               9-3
                                                             2. Within this tariff quota, the new Member States
         Ireland                              0-6            shall apply duties calculated in accordance with the
                                                             relevant provisions of the Act of Accession .
         Italy                               30.9
         United Kingdom                       8-6 ;
                                                                                      Article 2
Whereas, to take account of future trends in imports
 of the product in question, the quota should be              1 . A first tranche of 162 metric tons of this Com­
 divided into two tranches, the first being allocated        munity tariff quota shall be allocated among the
 and the second to form a reserve intended to cover          Member States. Member State's shares which, subject
any subsequent requirements of Member States who             to Article 5 , shall be valid until 31 December 1976,
have used up their initial shares ; whereas, in order        shall be as follows :
to ensure a certain degree of security for importers,
the first tranche of the Community tariff quota should                                                  in metric tons
 be fixed at 83% of the total quota;                                  Benelux                                  1
                                                                      Denmark                                  1
Whereas the initial shares may be used up at different                Germany                                 80
 rates ; whereas, to provide for this eventuality and                 France                                  15
 to avoid disruption of supplies, any Member State                    Ireland                                  1
 which has almost used up its initial share should                    Italy                                   50
 draw an additional share from the reserve ; whereas
                                                                      United Kingdom                          14 ;
 this should be done by each Member State when
 each of its additional shares has been almost used
 up, and so on as many times as the reserve allows ;         2 . The second tranche of         33  metric   tons   shall
whereas the initial and additional shares should be           constitute the reserve.
valid until the end of the quota period ; whereas this
form of administration requires close collaboration
                                                                                      Article 3
 between Member States and the Commission, which
 latter must be able to keep a record of the extent
 to which the quota has been used up and to inform            1 . If 90% or more of a Member State 's initial share
 the Member States accordingly;                               as fixed in Article 2 ( 1 ), or of that share minus anv
 ---pagebreak--- No L 292/28                        Official Journal of the European Communities                              12. 11.75
portion returned to the reserve where Article 5 has                                   Article 6
been applied, has been used up, that Member State
shall forthwith, by notifying the Commission, draw            The Commission shall keep an account of the shares
a second share, to the extent that the reserve so             opened by the Member States pursuant to Articles
permits, equal to 10% of its initial share, rounded           2 and 3 and, as soon as it has been notified, shall
up as necessary to the next whole number.                     inform each State of the extent to which the reserve
                                                              has been used up.
2. If, after its initial share has been used up, 90%          It shall inform the Member States, not later than
or more of the second share drawn by a Member                 5 October 1976, of the amount still in reserve after
State has been used up, that Member State shall               amounts have been returned thereto pursuant to
forthwith, in the manner and to the extent provided           Article 5 .
in paragraph 1 , draw a third share equal to 5%
of its initial share.
                                                              It shall ensure that the drawing which exhausts the
                                                              reserve does not exceed the balance available and
3 . If, after its second share has been used up, 90%          to this end, shall notify the amount of that balance
or more of the third share drawn by a Member                  to the Member State making the last drawing.
State has been used up, that Member State shall
forthwith, in accordance with the same conditions,                                    Article 7
draw a fourth share equal to the third.
                                                              1 . Member      States   shall    take  all  appropriate
                                                              measures to ensure that additional shares drawn
This procedure shall apply until the reserve is used
                                                              pursuant to Article 3 are opened in such a way
up .
                                                              that imports may be charged without interruption
                                                              against their aggregate shares of the Community
                                                              quota.
4. By way of derogation from paragraphs 1, 2 and
3 , Member States may draw lesser shares than those
specified therein if there are grounds for believing          2. Member States shall ensure that importers of
that those specified may not be used in full. They            the product in question established in their territory
shall inform the Commission of their reasons for              have free access to the shares allocated to them.
applying this paragraph.
                                                              3 . Member States shall charge against their shares
                                                              imports of the product in question as and when
                                                              the product is entered with the customs authorities
                         Article 4                            for home use.
                                                                                              \
                                                              4. The extent to which a Member State has used
Additional shares drawn pursuant to Article 3 shall           up its share shall be determined on the basis of the
be valid until 31 December 1976.
                                                              imports charged in accordance with paragraph 3 .
                                                                                      Article 8
                         Article 5
                                                              At the Commission's request, Member States shall
                                                              inform it of the imports actually charged against their
Member States shall return to the reserve, not later          shares .
than 1 October 1976, the unused portions of their
initial shares which, on 15 September 1976, are in
excess of 20% of the initial amounts. They may                                        Article 9
return a greater portion if there are grounds for
believing that such portion may not be used up.               Member States and the Commission shall cooperate
                                                              closely to ensure that this Regulation is complied
                                                              with.
Member States shall notify the Commission, not
later than 1 October 1976, of the total quantities
of yarn from silk waste imported up to and including                                  Article 10
15 September 1976 and charged against the Com­
munity quota and of any portions of their initial             This     Regulation    shall   enter   into   force   on
shares returned to the reserve.                               1 January 1976.
 ---pagebreak--- 12. 11 . 75                    Official Journal of the European Communities                        No L 292/29
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Luxembourg, 29 October 1975.
                                                                            For the Council
                                                                             The President
                                                                             G. MARCORA