CELEX: 31987R4095
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4095/87 of 22 December 1987 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 codes ex 5004 00 10 and ex 5004 00 90 of the combined nomenclature

No L 383 / 4                              Official Journal of the European Communities                                       31 . 12 . 87
                                          COUNCIL REGULATION ( EEC ) No 4095 / 87
                                                        of 22 December 1987
                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 codes ex
                                   5004 00 10 and ex 5004 00 90 of the combined nomenclature
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              code numbers , should be used for the description of the
                                                                        products covered by this Regulation ;
 Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 28
 thereof,
                                                                        Whereas equal and continuous access to the quota should be
                                                                        ensured for all importers and the rate laid down for the quota
 Having regard to the proposal from the Commission ,                    should be applied consistently to all imports of the product in
                                                                        question until the quota is used up ; whereas a system of
 Whereas silk yarn is produced in the Community ; whereas ,             utilization of the Community tariff quota based on an
 although from the standpoint of overall volume , production            allocation among the Member States concerned would , in the
 might match the total of Community requirements , this does            light of the principles outlined above , appear consistent with
 not apply with regard to yarn entirely spun from silk ;                the Community nature of the quota ;
 whereas there is , as a result , an insufficient supply in the
 Community;
                                                                        Whereas , in view of these factors and of the forecasts which it
 Whereas , consequently , Community supplies of the latter
                                                                        is possible to make , the initial percentage shares of the quota
 qualities of yarn depend to a considerable extent on imports ;         volume can be expressed approximately as follows :
 whereas full application of the Common Customs Tariff duty
 would result in those products being subjected to a
 considerable customs charge while products manufactured                       Germany                                       7,52
 from silk yarn face powerful competition from similar                         Greece                                        1,50
products manufactured from other material ; whereas an                         France                                        7,52
 insufficient supply , added to competition at finished product                Italy                                        79,70
level , might have adverse effects on the Community's                          United Kingdom                                3,76
processing industries ;
Whereas the customs duty applicable to imports of the silk
yarn in question in 1988 is 4,9% ; whereas , when                      Whereas , to allow for import trends for the product in
establishing the quota duty , it is appropriate to take into           question in the various Member States , the quota should be
account, on the one hand , the situation of the Community              divided into two parts , the first being distributed among the
silk yarn producing industry and , on the other, the need to           Member States which are traditional importers and the
provide the silk yarn processing industries with supplies on           second to form a reserve intended to cover any subsequent
favourable terms ; whereas a quota duty of 2,5 % could best            requirements of these Member States as well as those of the
meet the abovementioned requirements ;                                 Member States which do not participate in the initial
                                                                       allocation ; whereas in order to ensure a certain degree of
Whereas the trends in imports during recent years suggest              security for importers of each Member State , the first part of
that the import requirements for the yarns in question might           the quota should in this case be set at 66,5% of the total
                                                                       quota volume ;
be in the region of 200 tonnes for 1988 ; whereas the opening
of a Community tariff quota of that volume is unlikely to
harm Community production ; whereas , therefore , the tariff
quota in question should be opened on 1 January 1988 and               Whereas the initial shares may be used up at different rates ;
allocated among Member States ;
                                                                       whereas , therefore , to avoid any break in the continuity of
                                                                       supplies , any Member State which has almost used up its
Whereas the Community has adopted , with effect from 1                 initial share should draw a supplementary share from the
January 1988 , a combined nomenclature for goods which                 reserve ; whereas this must be done by each Member State as
meets the requirements of the Common Customs Tariff and                each one of its supplementary shares is almost used up , and as
the nomenclature of goods for the external trade statistics of         many times as the reserve allows ; whereas the initial and
the Community and statistics of trade between Member                   supplementary shares must be valid until the end of the quota
States ; whereas in order to accommodate specific                      period ; whereas this form of administration requires close
Community rules , this nomenclature has been expanded into             cooperation      between     the    Member     States   and    the
an integrated tariff of the European Communities ( TARIC );            Commission , and the latter must be able to monitor the
whereas , with effect from the abovementioned date , the               extent to which the quota volume has been used up and
combined nomenclature and , where appropriate , the TARIC              inform the Member States accordingly ;
 ---pagebreak--- 31 . 12 . 87                                 Official Journal of the European Communities                                              No L 383 / 5
Whereas if at a given date in the quota period a considerable                    quota shares allocated to that economic union may be carried
quantity of the initial share is left over in a Member State , it is             out by any one of its members ,
essential that the Member State concerned should return a
significant percentage thereof to the reserve so as to avoid a                   HAS ADOPTED THIS REGULATION :
part of the Community tariff quota remaining unused in one
Member State when it could be used in others ;
                                                                                                                Article 1
Whereas , since the Kingdom of Belgium , the Kingdom of the                      1.     From 1 January to 31 December 1988 , the customs
Netherlands and the Grand Duchy of Luxembourg are united                         duty applicable to imports of the following products shall be
within and jointly represented by the Benelux Economic                           suspended at the level indicated and within the limits of a
Union , any measure concerning the administration of the                         Community tariff quota as shown herewith :
     Order No             CN code                                                                                 Quota volume        Rate of duty
                                                                       Description                                   ( tonnes)            ( % )*
09.2705               ex 5004 00 10          Yarn , entirely of silk , other than yarn of noil or other
                      ex 5004 00 90          waste silk , not put up for retail sale                                    200               2,5
2.     Within the limits of the tariff quota referred to in                      share , rounded up where necessary to the next whole
paragraph 1 , the Kingdom of Spain and the Portuguese                            number .
Republic shall apply duties calculated in accordance with the
relevant provisions of the 1985 Act of Accession .                               2.     If, after its initial share has been used up , 90 % or more
                                                                                 of the second share drawn by a Member State has been used
                                                                                 up , that Member State shall forthwith , using the procedure
                             Article 2                                           set out in paragraph 1 , draw a third share equal to 5 % of its
                                                                                 initial share .
1.     The first part of the Community tariff quota ,
amounting to 133 tonnes , shall be allocated among the                           3.     If, after its second share has been used up , 90% or
Member States ; the shares shall , subject to Article 5 , be valid               more of the third share drawn by a Member State has been
until 31 December 1988 and shall be as follows :                                 used up , that Member State shall forthwith , using the same
                                                                                 procedure , draw a fourth share equal to the third.
                                                     (tonnes)
        Germany                                            10                    This process shall continue to apply until the reserve is used
        Greece                                               2                   up .
        France                                             10
        Italy                                             106
                                                                                 4.     By way of derogation from paragraphs 1 , 2 and 3 ,
        United Kingdom                                       5
                                                                                 Member States may draw lower shares than those specified in
                                                                                 those paragraphs if there are grounds for believing that those
2.     The second part of 67 tonnes shall constitute the                         specified may not be used up . They shall inform the
reserve .
                                                                                 Commission of their reasons for applying this paragraph .
3.     If an importer notifies an imminent importation of the
product in question into a Member State not participating in
the initial allocation and applies to use the quota , the                                                       Article 4
Member State concerned shall inform the Commission and
draw an amount corresponding to its requirements to the                          Supplementary shares drawn pursuant to Article 3 shall be
extent that the available balance of the reserve so permits .                    valid until 31 December 1988 .
                             Article 3
                                                                                                                Article 5
1.     If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or of that share less the portion                  Member States shall return to the reserve , not later than 1
returned to the reserve where Article 5 is applied, has been                     October 1988 , the unused portion of their initial share
used up , that Member State shall forthwith , by notifying the                   which , on 15 September 1988 , is in excess of 20% of the
Commission , and to the extent permitted by the amount of                        initial amount. They may return a larger quantity if there are
the reserve , draw a second share equal to 10% of its initial                    grounds for believing that it might not be used in full .
 ---pagebreak--- No L 383 / 6                               Official Journal of the European Communities                                   31 . 12 . 87
Member States shall notify the Commission , not later than 1          charged without interruption against their accumulated
October 1988 , of the total quantities of silk yarn imported up       shares of the Community quota .
to and including 15 September 1988 and charged against the
Community quota and of any portion of their initial share             2.     Member States shall ensure that importers of the
returned to the reserve .                                             product in question have free access to the shares allocated to
                                                                      them .
                                                                      3.     Member States shall charge imports of the product in
                            Article 6                                 question against their shares as and when the product is
                                                                      entered with the customs authorities for free circulation .
The Commission shall keep an account of the shares opened             4.     The extent to which a Member State has used up its
by the Member States pursuant to Articles 2 and 3 and shall ,         share shall be determined on the basis of the imports charged
as soon as it has been notified , inform each State of the extent
                                                                      in accordance with paragraph 3 .
to which the reserve has been used up .
It shall inform the Member States , not later than 5 October
                                                                                                Article 8
1988 , of the amount still in the reserve following any return
of shares pursuant to Article 5 .
                                                                      At the Commission's request , Member States shall inform it
                                                                      of the imports actually charged against their quota shares .
It shall ensure that the drawing which exhausts the reserve is
limited to the balance available and to this end shall specify
the amount of that balance to the Member State making the
last drawing .                                                                                   Article 9
                                                                      Member States and the Commission shall cooperate closely
                                                                      to ensure that this Regulation is complied with .
                            Article 7
 1.    Member States shall take all appropriate measures to                                     Article 10
ensure that supplementary drawings of shares pursuant to
Article 3 are carried out in such a way that imports may be           This Regulation shall enter into force on 1 January 1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 22 December 1987 .
                                                                                             For the Council
                                                                                              The President
                                                                                              N. WILHJELM