CELEX: 31975R2884
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2884/75 of the Council of 29 October 1975 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 (1976 )

No L 292/22                          Official Journal of the European Communities                            12. 11.75
                                REGULATION (EEC) No 2884/75 OF THE COUNCIL
                                                   of 29 October 1975
               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 ( 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
 Article 28 thereof;                                            finished 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 silk yarn in question is
Whereas, in accordance with the resolution passed               7% ; whereas, when fixing the quota duty, it is
at its meeting from 29 to 31 May 1967, the Council,             appropriate to take into account, on the one hand,
by its Regulation (EEC) No 322/70 (*), reintroduced,            the situation of the Community silk yarn producing
until 31 December 1976, the 12% autonomous duty                 industry and, on the other, that of the silk yarn
of the Common Customs Tariff for silk yarn, other               processing industries with regard to their supplies
than yarn of noil or other waste silk, not put up               on favourable terms ; whereas a quota duty of 2-5%
for retail sale, falling within heading No ex 50.04 ;           could best meet the abovementioned requirements ;
whereas the conventional duty for that product is
7% ;
                                                                Whereas the trends in imports during 1974 suggest
Whereas      the   aforementioned     resolution   further      that the import requirements for the yarns in
provides for the opening in respect of that period              question might be in the region of 60 metric tons
and for such silk yarn of an annual Community                   for 1976 ; whereas the opening of a Community
tariff quota with reduced or nil duty where a change            tariff quota of that volume is unlikely to harm
in the sources of supply or an insufficient supply              Communitv production;
within the Community might have adverse results
for the processing industries in the Member States ;
                                                                Whereas equal and continuous access to the quota
                                                                should be ensured for all importers and the rate
Whereas silk yarn is produced in the Community ;
whereas, although that production could cover all               laid down for the tariff quota should be applied
the Community requirements by reason of its overall             consistently to all imports of the product in question
                                                                until the quota is used up ; whereas a system of
volume, this does not apply with regard to yarn
entirely spun from silk; whereas there is, as a result,         utilization of the Community tariff quota, based on
 an insufficient supply in the Community;
                                                                an allocation between the Member States concerned,
                                                                would, in the light of the principles outlined above,
                                                                appear consistent with the Community nature of the
                                                                quota; whereas, to represent as closely as possible
Whereas consequently Community supply for those                 the actual market trends in the product in question,
qualities of yarn depends to a considerable extent              the allocation should be proportionate to the
on imports ; whereas full application of the Common             requirements of the Member States calculated with
                                                                reference to statistical data on imports during a
                                                                representative reference period and to the economic
(x ) OJ No L 43 , 24. 2. 1970, p. 5.                            prospects for the quota period in question ;
 ---pagebreak---  12 . 11 . 75                      Official Journal of the European Communities                          No L 292/23
 Whereas the imports of the products falling within            Whereas if, at a given date in the quota period, a
 tariff heading No 50.04 of each of the Member                 considerable quantity is left over in a Member State,
 States 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 Kingdom
 Benelux                           0-7      0          5      of the Netherlands and the Grand Duchy of
Denmark                            0-2     0           0
                                                               Luxembourg are united within and jointly represented
                                                              by the Benelux Economic Union, any measure
 Germany                          18-6    15-8       28       concerning the administration of the shares allocated
France                            17-1    17-1       17       to that Economic Union may be carried out by
                                                              any one of its members,
Ireland                            1-4     0          7
 Italy                            50-0    52-6       39
 United Kingdom                   12-0    14-5        4;      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 entirely of silk, other than yarn of noil or
           Benelux                             2-1            other waste silk, not put up for retail sale, falling
           Denmark                             2-1            within heading No ex 50.04 shall be suspended at
                                                              2-5% within a Community tariff quota of 60 metric
           Germany                           36-4
                                                              tons .
           France                             25.5
           Ireland                             2-1            2. Within the tariff quota, the new Member States
                                                              shall apply duties calculated in accordance with the
           Italy                             27-7
                                                              relevant provisions of the Act of Accession.
           United Kingdom                      4-3 ;
                                                                                      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 47 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 States' 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                                                        in metric tons
should be fixed at 78% of the total quota ;                           Benelux                                1
                                                                      Denmark                                1
Whereas the initial shares may be used up at
different rates ; whereas, to provide for this even­                  Germany                               17
tuality and to avoid disruption of supplies, any                      France                                12
Member State which has almost used up its initial                     Ireland                                1
share should draw an additional share from the
reserve; whereas this should be done by each Member                   Italy                                 13
State when each of its additional shares has been                     United Kingdom                         2.
almost used up, and so on as many times as the
reserve allows ; whereas the initial and additional           2. The second tranche of        13- metric tons    shall
shares should be valid until the end of the quota             constitute the reserve.
period; whereas this form of administration requires
close collaboration between Member States and the
Commission, which latter must, in particular, be able                                 Article 3
to keep a record of the extent to which the quota
has been used up and to inform the Member States              1 . If 90% or more of a Member State's initial share
accordingly;                                                  as fixed in Article 2 (1 ), or of that share minus any
 ---pagebreak--- No L 292/24                        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 to
                                                              this end, shall notify the amount of that balance to
                                                              the Member State making the last drawing.
3 . If, after its second share has been used up, 90%
or more of the third share drawn by a Member State
has been used up, that Member State shall forthwith,                                  Article 7
in accordance with the same conditions, draw a
 fourth share equal to the third.
                                                              1 . Member States shall take all appropriate measures
                                                              to ensure that additional shares drawn pursuant to
This procedure shall apply until the reserve is used          Article 3 are opened in such a way that imports may
up .                                                          be charged without interruption against their
                                                               aggregate shares of the Community quota.
4. By way of derogation from paragraphs 1 , 2 and 3,          2. Member States shall ensure that importers of the
Member States may draw lesser shares than those               product in question established in their territory have
                                                              free access to the shares allocated to them.
specified therein if there are grounds for believing
 that those specified may not be used in full. They
shall inform the Commission of their reasons for              3 . Member States shall charge against their shares
 applying this paragraph.                                     imports of the product in question as and when the
                                                              product is entered with the customs authorities
                                                              for home use.
                         Article 4                            4 . The extent to which a Member State has used
                                                              up its share shall be determined on the basis of the
                                                              imports charged in accordance with paragraph 3 .
Additional shares drawn pursuant to Article 3 shall
be valid until 31 December 1976.
                                                                                      Article 8
                         Article 5                            At the Commission's request, Member States shall
                                                              inform it of the imports actually charged against
                                                              their shares .
Member States shall return to the reserve, not later
than 1 October 1976, the unused portions of their
initial shares which, on 15 September 1976, are in                                    Article 9
excess of 20% of the initial amounts. They may
return a greater portion if there are grounds for             Member States and the Commission shall cooperate
believing that such portion may not be used up.               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                                Article 10
silk yarn imported up to and including 15 September
1976 and charged against the Community quota and
of any portion of their initial shares returned to the        This Regulation shall enter into force on 1 January
reserve .                                                     1976.
 ---pagebreak--- 12.11.75                     Official Journal of the European Communities                       No L 292/25
         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