CELEX: 31974R2419
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2419/74 of the Council of 23 September 1974 on the opening, allocation and administration of a Community tariff quota for yarn, entirely of silk, other than yarn of noil or other waste silk, not put up for retail sale, falling within heading No ex 50.04 of the Common Customs Tariff for 1975

No L 261 /4                             Official Journal of the European Communities                                27. 9. 74
                                REGULATION (EEC) No 2419/74 OF THE COUNCIL
                                                    of 23 September 1974
              on the opening , allocation and administration of a Community tariff quota for
             yarn , entirely of silk, other than yarn of noil or other waste silk, not put up for
              retail sale, falling within heading No ex 50.04 of the Common Customs Tariff
                                                            for 1975   .
THE COUNCIL OF THE EUROPEAN                                        priate to take into account, on the one hand, the situa­
COMMUNITIES,                                                       tion of the Community silk yarn producing industry
                                                                   and, on the other, that of the silk yarn processing
Having regard to the Treaty establishing the European              industries with regard to their obtaining supplies on
Economic Community, and in particular Article 28                   favourable terms ; whereas a quota duty of 2-5 %
thereof ;                                                          could best satisfy the abovementioned requirements ;
Having regard to the draft Regulation submitted by                 Whereas the trend in imports during 1973 suggests
the Commission ;
                                                                   that the import requirements of the yarns in question
                                                                   might be in the region of 60 metric tons for 1975 ;
Whereas, in accordance with the resolution passed at               whereas the opening of a Community tariff quota of
its meeting of 29 to 31 May 1967, the Council, by its              that volume is unlikely to harm Community produc­
Regulation (EEC) No 322/70 ( ! ), reintroduced until 31            tion ;
December 1976 the 12% autonomous duty of the
Common Customs Tariff for silk yarn , other than yarn
of noil or other waste silk, not put up for retail sale,           Whereas equal and continuous access to the quota
falling within heading No ex 50.04 ; whereas the                   should be ensured for all importers and the rate of
conventional duty for that product is 7 % ;                        levy for the tariff quota should be applied consistently
                                                                   to all imports of the product in question until the
Whereas the resolution aforesaid further provides for              quota is used up ; whereas, utilization of the Commu­
the opening in respect of that period and for such silk            nity tariff quota in the light of the principles outlined
yarn of an annual Community tariff quota with                      above based on an allocation between the Member
reduced or nil duty where a change in the sources of               States concerned would appear consistent with the
supply or an insufficient supply within the Commu­                 Community nature of the quota ; whereas to represent
nity might have adverse results for the processing                 as closely as possible the actual trend of the market in
industries in the Member States ;                                  the product in question the allocation should follow
                                                                   proportionately Uhe requirements of the Member
Whereas silk yarn is produced in the Community ;                   States calculated both from statistics of imports during
whereas, although that production could cover all the              a representative reference period and from the
Community requirements by reason of its overall                    economic outlook for the tariff year in question ;
volume, this does not apply with regard to yarn
entirely spun from silk ; whereas there is, as a result,
an insufficient supply in the Community ;                          Whereas the corresponding imports of the products
                                                                   falling within the tariff heading No 50.04 of each of
                                                                   the Member States concerned during the past three
Whereas consequently Community supply for those
                                                                   years for which complete statistics are available repre­
qualities of yarn depends to a considerable extent on
                                                                   sent the following percentages of total Community
imports ; whereas full application of the duty under               imports of these products :
the Common Customs Tariff would result in those
products being subjected to a considerable customs                                                    1971     1972     1973
charge while products manufactured from silk yarn                  Benelux                             0-0      0-7       0-0
face powerful competition from similar products                    Denmark                             0-5      0-2       0 0
manufactured from other material ; whereas an insuffi­             Germany                           35-0      18-6     15-8
cient supply, added to competition at finished product             France                            20-0      17-1     17-1
level, might have adverse results for the Community's              Ireland                             0-7      1-4       0-0
processing industries ;                                            Italy                             22-5      50-0     52-6
                                                                   United Kingdom                    21-3      12-0     1 4-5
Whereas the duty under the Common Customs Tariff
applicable on imports of the silk yarn in question is
7 % ; whereas, when fixing the quota duty, it is appro­
                                                                   Whereas in view of these factors and of the forecasts
(') OJ No L 43 , 24 . 2 . 1970 , p. 5 .                            which it is possible to make the initial percentage,
 ---pagebreak--- 27. 9 . 74                           Official Journal of the European Communities                            No L 261 /5
shares in the quota volume can be expressed approxi­            accordance with the relevant provisions of the Act of
mately as follows :                                             Accession .
      Benelux                                        2
      Denmark                                        2                                  Article 2
      Germany                                       34
      France                                        24          1.    A first successive amount of 50 metric tons of
      Ireland                                        2          this Community tariff quota shall be allocated among
      Italy                                         26          the Member States ; the shares shall, subject to Article
      United Kingdom                                10          5, be valid until 31 December 1975 and shall be as
                                                                follows :
Whereas, to take account of future import trends for                  Benelux                           1 metric ton
the product under consideration, the total quota                      Denmark                           1 metric ton
volume      should  be   divided    into   two   successive
amounts, the first being allocated and the second held                Germany                          17 metric tons
                                                                      France                           12 metric tons
as a reserve to cover at a later date the requirements of             Ireland                           1 metric ton
Member States who have used up their initial share ;
whereas to give importers some degree of certainty the                Italy                            13 metric tons
first successive amount of the Community quota                        United Kingdom                    5 metric tons
should in the event be fixed at 83 % of the total
                                                                2.    The second successive amount, of 10 metric
quota ;                                                         tons, shall be held in reserve .
Whereas the initial shares may be used up more or
less quickly ; whereas, therefore, to avoid disruption of                               Article 3
supplies any Member State which has almost used up
its initial share, must draw a -supplementary share             1.     If 90 % or more of a Member State's initial share
from the reserve ; whereas this must be done by each            specified in Article 2 ( 1 ), or of that share minus the
Member State as each one of its supplementary shares            portion returned to the reserve where Article 5 is
is almost used up, and as many times as the reserve             applied, has been used up, that Member State shall
allows ; whereas the initial and supplementary shares           without delay, by notifying the Commission, draw a
must be valid until the end of the quota period ;               second share, to the extent that the reserve is suffi­
whereas this form of administration requires close              cient, equal to 10 % of its initial share, rounded up
collaboration between the Member States and the                 where necessary to the next unit.
Commission , and the Commission must be in a posi­
tion to follow the extent to which the quota volume
                                                                2. If, after its initial share has been used up, 90 %
                                                                or more of the second share drawn by a Member State
has been used up and inform the Member States                   has been used up, that Member State shall without
thereof ;
                                                                delay, under the conditions laid down in paragraph 1 ,
Whereas if, at a given date in the quota period, a              draw a third share equal to 5 % of its initial share.
considerable quantity is left over in a Member State, it
is essential that such State should return a substantial        3 . If, after its second share has been used up, 90 %
proportion to the reserve, to prevent part of the total         or more of the third share drawn by a Member State
quota from remaining unused in one Member State                 has been used up, that Member State, shall without
while it could be used in others ;                              delay, under the same conditions, draw a fourth share
                                                                equal to the third.
Whereas since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of               This process shall apply until the reserve is used up.
Luxembourg are jointly represented by the Benelux
Economic Union , any measure concerning the admin­              4.     By way of derogation from paragraphs 1 , 2 and
istration of the shares allocated to that Economic              3 , the Member States may draw shares lower than
Union may be carried out by one of its members,                 those fixed in those paragiaphs if there are grounds
                                                                for considering that those fixed may not be used up .
                                                                They shall inform the Commission of their reasons
HAS ADOPTED THIS REGULATION :                                   for applying this paragraph .
                         Article 1                                                      Article 4
 1.    From 1 January to 31 December 1975, the auto­
                                                                Supplementary shares drawn pursuant to Article 3
nomous duty of the Common Customs Tariff for yarn               shall be valid until 31 December 1975 .
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 shall be suspended at 2-5 % in respect of                                   Article 5
a Community tariff quota of 60 metric tons.
                                                                A Member State which on 15 September 1975 has not
2. Within the limits of the tariff quota, the new               used up its initial share shall return to the reserve not
Member States shall apply the duties calculated in              later than 10 October 1975 the unused portion
 ---pagebreak--- No L 261 /6                        Official Journal of the European Communities                           27. 9. 74
exceeding 20 % of the initial amount. It may return a         pursuant to Article 3 are opened in such a way that
greater portion if there are grounds for considering         charges may be made, without interruption, against
that it may not be used up.                                   their cumulative shares of the Community quota.
The Member States shall, not later than 10 October            2. Each Member State shall ensure that importers
1975 notify to the Commission the total quantities of        of the said product established in its territory have
silk yarn imported up to and including 15 September           free access to the shares allocated to it.
1975 and charged against the Community tariff quota
and any quantities of the initial share returned to the       3 . The Member States shall charge against their
reserve .                                                    shares imports of the said product, when the product
                                                              is entered for home use .
                        Article 6
                                                             4.      The extent to which a Member State has used up
                                                              its share shall be determined on the basis of the
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2            imports charged in accordance with paragraph 3.
and 3 and shall, as soon as it has been notified, inform
each State of the extent to which the reserve has been                               Article 8
used up.
                                                             The Member States shall regularly inform the
It shall inform the Member States not later than 15           Commission of imports actually charged against their
October 1975 of the amount held in reserve after              shares .
amounts have been returned thereto pursuant to
Article 5 .
                                                                                     Article 9
It shall ensure that the drawing which finally uses up
the reserve is limited to the balance available and to       The Member States and the Commission shall coop­
this end shall specify the amount thereof to the              erate closely to ensure that this Regulation is
                                                              observed .
Member State making the last drawing.
                        Article 7                                                    Article 10
1 . The Member States shall take all appropriate             This Regulation shall enter into force on 1 January
measures to ensure that supplementary shares drawn            1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 September 1974.
                                                                          For the Council
                                                                           The President
                                                                          Ch . PONCELET