CELEX: 51983PC0406
Language: en
Date: 1983-07-01
Title: Draft for 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 (1984)#Draft for a 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 (1984)#Draft for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for yarn spun entirely from waste silk other than noil, not put up for retail sale, falling within subheading 50.05 A of the Common Customs Tariff (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 406
Vol. 1983/0152
 ---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
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION                  OF THE E U R O P E A N COMMUNITIES
                                                                     COM(83) 406           final
                                                                     Brussels,          1 July      1983
                                                       Draft      for    a
                                             COUNCIL REGULATION (EEC)
              opening,       allocating        and p r o v i d i n g f o r      the   administration          of a
             Community t a r i f f      quota for       raw s i l k       (not      thrown)     f a l l i n g within
                       heading     No 5 0 . 0 2 o f t h e    Common Customs              Tariff       (1984)
                                                       Draft      for    a
                                             COUNCIL REGULATION (EEC)
              opening,       allocating        and p r o v i d i n g f o r      the   administration           of a
        Community t a r i f f    quota for       yarn,    entirely           of    silk,    other than yarn of
        noil or o t h e r waste s i l k ,       not   put    up f o r      retail      sale,     falling      within
                    heading    No ex 5 0 . 0 4 o f t h e        Common Customs             Tariff        (1984)
                                                      Draft       for    a
                                            COUNCIL REGULATION (EEC)
              opening,      allocating         and p r o v i d i n g f o r      the   administration          of a
           Community t a r i f f     quota for      yarn     spun e n t i r e l y      from w a s t e s i l k    other
        than n o i l ,  not  put   up f o r     retail    sale,       f a l l i n g w i t h i n subheading 50.05 A
                                  of   the    Common Customs            Tariff        (1984)
                            (submitted to         the   C o u n c i l by t h e        Commission)
COM(83) 406  final
 ---pagebreak---                                                    Draft
                                   C O U N C I L R E G U L A T I O N (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
                                                            (1984)
THE COUNCIL OF T H E EUROPEAN                                                 Benelux                          0 •05
COMMUNITIES,                                                                  Denmark                          0 •02
                                                                              Germany                          4 70
                                                                              Greece                           0 •02
Having regard to the Treaty establishing the
                                                                              France                         21 .15
European Economic Community, and in particular
                                                                              Ireland                          0·•02
Article 28 thereof,
                                                                              Italy                          70 .51
                                                                              United Kingdom                   3 • 53
Having regard to the draft Regulation submitted by
the Commission,
                                                                   Whereas, to take account of future trends in imports
Whereas Community production of raw silk (not                      of the product in question in the various Member
thrown) falling within heading N o 50.02 of the                    States, the quota should be divided into two
Common Customs Tariff does not cover the needs of                  instalments, the first being distributed among the
the user industries; whereas the supply of the latter              Member States and the second to form a reserve
therefore depends to a great extent on imports from                intended to cover any subsequent requirements of
non-member countries; whereas it is in the interests               Member States who have used up their initial shares;
of the Community to suspend totally the C o m m o n                whereas, in order to ensure a certain degree of
Customs Tariff duty on the product in question,                    security for importers of each Member State, the first
within the limits of an appropriate Community tariff               instalment should in this case be fixed at about 83 %
quota;                                                             of the total quota;
Whereas it is desirable at the present time to avoid               Whereas the initial shares may be used up at different
final measures which could lead to the halting of                  rates; whereas, therefore, to avoid disruption of
action taken in the sector over a number of years to               supplies, any Member State which has almost used up
increase Community production; whereas, under such                 its initial share should draw a supplementary share
conditions, it is advisable to extend the tariff system            from the reserve; whereas this must be done by each
in force in 1 9 8 3 ;                                              Member State as each one of its supplementary shares
                                                                   is almost used up, and as many times as the reserve
Whereas Community production does not appear to                    allows; whereas the initial and supplementary shares
have changed considerably when compared with                       must be valid until the end of the quota period;
1983; whereas, taking account of this production and               whereas this form of administration requires close
of the forecasts for 198 4; the imports needed to                  collaboration between the Member States and the
satisfy consumption within the Community can be'                   Commission, and the Commission must be in a
estimated at 5 100 tonnes; whereas the fixing of the               position to follow the extent to which the tariff quota
quota amount at this level does not preclude an                    has been used up and inform the Member States
adjustment within the quota period;                                accordingly;
Whereas equal and continuous access to the quota
should be ensured for all Community importers and                  Whereas if, at a given date in the quota period, a
the rate laid down for the tariff quota should be                  considerable quantity of the initial share is left over in
applied consistently to all imports of the product in              a Member State, it is essential that that Member State
question until the quota is used up; whereas a system              should return a significant percentage thereof to the
of utilization of the Community tariff quota based on              reserve, so as to avoid a part of the Community tariff
an allocation between the Member States concerned                  quota remaining unused in one Member State when it
would, in the light of the principles outlined above,              could be used in others;
appear consistent with the Community nature of the
quota;                                                             Whereas, since the Kingdom of Belgium, the
                                                                   K i n g d o m of the Netherlands and the Grand Duchy
Whereas, in view of these factors, the initial                     of Luxembourg are united within and jointly
percentage shares in the quota volume for 198.4 can                represented by the Benelux Economic U n i o n , any
be expressed approximately as follows:                             measure concerning the administration of the shares
 ---pagebreak---                                                          -  2 -
allocated to that economic union may be carried out                in accordance with the same conditions, draw a
by any one of its members,                                         fourth share equal to the third.
                                                                   This process shall continue to apply until the reserve
HAS ADOPTED THIS REGULATION:                                        is used up.
                               Article 1                            4.        B y way of derogation from paragraphs 1, 2 and
                                                                    3, Member States may draw lower shares than those
 1.       From 1 January to 31 December 198 4, the
                                                                    specified therein if there are grounds for believing
 autonomous duty of the C o m m o n Customs Tariff for
                                                                     that those specified may not be used up. T h e y shall
 raw silk (not thrown) falling within heading N o 50.02
                                                                     inform the Commission of their reasons for applying
 shall be totally suspended within a Community tariff
                                                                      this paragraph.
 quota of 5 100 tonnes.
 2.       Within the limits of the tariff quota referred to
 in paragraph 1, Greece shall apply duties calculated in                                         Article 4
  accordance with the relevant provisions of the A c t of             Supplementary shares drawn pursuant to Article 3
  Accession of 1979.                                                   shall be valid until 31 December 198 4 .
                                 Article 2
                                                                                                  Article 5
   1.       A first instalment of 42 55 tonnes of this
   Community tariff quota shall be allocated among the                  Member States shall return to the reserve, not later
   Member States; Member States' shares, which,                         than 1 October 1984, the unused portion of their
   subject to Article 5, shall be valid until 31 December               initial share which, on 15 September 1984, is in excess
    1984, shall be as follows:                                          of 30 % of the initial amount. T h e y may return a
                                                   (tonnes)             larger quantity if there are grounds for believing that
                                                                         such quantity might not be used.
             Benelux                                     2
             Denmark                                     1
             Germany                                   200                   -mber States shall notify the Commission, not later
              Greece                                     1               ti i 1 October 1984, of the total quantities of raw
              France                                   900               silk mported up to and including 15 September 198 4
              Ireland                                    1                and charged against the Community quota and of any
              Italy                                  3 000                portion of their initial share returned to the reserve.
              United K i n g d o m                     150
     2.      T h e second instalment of 8^5         tonnes   shall                                  Article 6
     constitute the reserve.
                                                                           T h e Commission shall keep an account of the shares
                                                                           opened by the Member States pursuant to Article 2
                                   y4rfic/e 3                              and 3 and shall, as soon as it has been notified,
                                                                           inform each State of the extent to which the reserve
      1.      If 90 % or more of a Member State's initial                  has been used up.
      share as specified in Article 2 (1), or of that share
      minus the portion returned to the reserve where                       It shall inform the Member States, not later than 5
      Article 5 is applied, has been used up, that Member                   October 1984, of the amount in the reserve after
      State shall forthwith, by notifying the Commission,                   amounts have been returned thereto pursuant to
      draw a second share equal to 10 % of its initial share,               Article 5.
       rounded up where necessary to the next whole
       number, to the extent permitted by the amount of the
       reserve.                                                              It shall ensure that the drawing which exhausts the
                                                                             reserve is limited to the balance available and to this
                                                                             end shall specify the amount thereof to the Member
       2.      If, after its initial share has been used up, 90 %            State making the last drawing.
       or more of the second share drawn by a Member
       State has been used up, that Member State shall
        forthwith, in accordance with the conditions set out
                                                                                                      Article 7
        in paragraph 1, draw a third share equal to 5 % of its
        initial share.                                                        1.    Member States shall take all appropriate
                                                                              measures to ensure that supplementary shares drawn
         3.     If, after its second share has been used up, 90 %             pursuant to Article 3 are opened in such a way that
         or more of the third share drawn by a Member State                   imports may be charged without interruption against
         has been used up, that Member State shall forthwith,                 their accumulated shares of the Community quota.
 ---pagebreak---                                                               - 3 -
2.    Member States shall ensure that importers of the                              Article 8
product in question                               have
free access to the shares allocated to them.                 At the Commission's request, Member States shall
                                                             inform it of the imports actually charged against their
                                                             shares.
3.    Member States shall charge imports of the                                     Article 9
products in question against their shares as and when
the product is entered with the customs authorities          Member States and the Commission shall coopr ate
for free circulation.                                        closely to ensure that this Regulation is complied
                                                             with.
                                                                                   Article 10
4.    T h e extent to which a Member State has used
up its share shall be determined on the basis of the         This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3.              198 4 .
              This Regulation shall be binding in its entirety and directly applicable in all M e m b e r
              States.
              Done at Brussels,
                                                                                  For the Council
                                                                                    The President
 ---pagebreak---                                                    -   4   -
                                           Draft
                                     C O U N C I L R E G U L A T I O N (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 witliin heading No ex 50.04 of the Common Customs Tariff ( 1 9 8 4 )
T H E COUNCIL OF T H E EUROPEAN                                      would, in the light of the principles outlined above,
COMMUNITIES,                                                         appear consistent with the Community nature of the
                                                                     quota;
Having regard to the Treaty establishing the
European Economic Community, and in particular                       Whereas, in view of these factors and of the forecasts
Article 28 thereof,                                                  which it is possible to make, the initial percentage
                                                                     shares in the quota volume can be expressed:
Having regard to the draft Regulation submitted by
the Commission,                                                               Benelux                             1-43
                                                                              Denmark                             1.43
Whereas silk yarn is produced in the Community;                               Germany                            8.57
whereas, although that production could cover all the                         Greece                              1.43
 Community requirements by reason of its overall                              France                            21 . 4 3
volume, this does not apply with regard to yarn                               Ireland                             1-43
 entirely spun from silk; whereas there is, as a result                       Italy                              57.14
 an insufficient supply in the Community;                                     United Kingdom                       7.14
 Whereas, consequently, Community supplies of those
                                                                      Whereas, to take account of future trends in imports
 qualities of yarn depend to a considerable extent on
                                                                      of the product in question in the various Member
 imports; whereas full application of the C o m m o n
                                                                      States, the quota should be divided into two
 Customs Tariff duty would result in those products
                                                                         stalments, the first being distrubuted among the
 being subjected to a considerable customs charge
                                                                      1\ mber States and the second to form a reserve
 while products manufactured from silk yarn face
                                                                      intended to cover any subsequent requirements of
 powerful competition from similar products manu­
                                                                      Member States who have used up their initial shares;
 factured from other material; whereas an insufficient
                                                                      whereas, in order to ensure a certain degree of
 supply, added to competition at finished product
                                                                      security for importers of each Member State, the first
 level, might have adverse effects on the Community's
                                                                      instalment should in this case be 70 % of the total
 processing industries;
                                                                      quota;
Whereas the C o m m o n Customs Tariff duty applicable
 to imports of the silk yarn in question in 1984 is 5 , 7 %           Whereas the initial shares may be used up at different
 whereas, when fixing the quota duty, it is appropriate               rates; whereas, therefore, to avoid disruption of
 to take into account, on the one hand, the situation                 supplies, any Member State which has almost used up
 of the Community silk yarn producing industry and,                   its initial share should draw a supplementary share
 on the other, that of the silk yarn processing                       from the reserve; whereas this must be done by each
 industries with regard to their supplies on favourable               Member State as each one of its supplementary shares
 terms; whereas a quota duty of 2 - 5 % could best                    is almost used up, and as many times as the reserve
 meet the abovementioned requirements;                                allows; whereas the initial and supplementary shares
                                                                      must be valid until the end of the quota period;
 Whereas the trends in imports during recent yeans                    whereas this form of administration requires close
 suggest that the import requirements for the yarns in                collaboration between the Member States and the
 question might be in the region of 1QD tonnes for                    Commission, and the Commission must be in a
  1984; whereas the opening of a Community tariff                     position to follow the extent to which the tariff quota
 quota of that volume is unlikely to harm Community                   h"as been u;ed up and inform the Member States
 production;                                                          accordingly;
 Whereas equal and continuous access to the quota                     Whereas if, at a given date in the quota period, a
 should be ensured for all importers and the rate laid                considerable quantity of the initial share is left over in
 down for the tariff quota should be applied                           a Member State, it is essential that that Member State
 consistently to all imports of the product in question               should return a significant percentage thereof to the
 until the quota is used up; whereas a system of                       reserve, so as to avoid a part of the Community tariff
 utilization of the Community tariff quota based on an                 quota remaining unused in one Member State when it
 allocation between the Member States concerned                        could be used in others;
 ---pagebreak---                                                                              - 5 -
        Whereas, since the Kingdom of Belgium, the                                forthwith, in accordance with the conditions set out
T       Kingdom of the Netherlands and the Grand Duchy                            in paragraph 1, draw a third share equal to 5 % of its
        of Luxembourg are united within and jointly                               initial share.
        represented by the Benelux Economic U n i o n , any
        operation concerning the administration of the shares
                                                                                 3.     If, after its second share has been used up, 90 %
        allocated to that economic union may be carried out
                                                                                 or more of the third share drawn by a >' iber State
        by any one of its members,
                                                                                 has been used up, that Member State             :jrthi.ith,
                                                                                 in accordance with the same conditions, drav a
       HAS ADOPTED THIS REGULATION:                                              fourth share equai to the third.
                                                                                This process shall continue to apply until ine reserve
                                  Article 1                                     is used up.
        1.    From 1 January to 31 December 1984, the
       autonomous duty of the Common Customs Tariff                             4.      By way of derogation from paragraphs 1, 2 and
       for yarn entirely of silk, other than yarn of noil or                    3, Member States may draw lower shares than those
      other waste silk., not put up for retail sale, falling                    specified therein if there are grounds for believing
      within heading N o ex 50.04, shall be suspended                           that those specified may not be used up. They shall
      at2-5 % within a C o m m u n i t y tariff quota o f 1 0 0 t o n n e s .   inform the Commission of their reasons for applying
                                                                                this paragraph.
      2.     Within the limits of the tariff quota referred to
      in paragraph 1, Greece shall apply duties calculated in
      accordance with the relevant provisions of the 1979                                                  Article 4
     Aet of Accession.
                                                                                Supplementary shares drawn pursuant to Article 3
                                                                               shall be valid until 31 December 1 9 8 4 .
                                  Article 2
      1.     A first instalment of 7 0 tonnes of this                                                      Article 5
     Community tariff quota shall be allocated among the
     Member States; Member States' shares, which, subject                       Member States shall return to the reserve, not later
  • to Article 5, shall be valid until 31 December 1984,                       than 1 October 1984 the unused portion of their
     shall be as follows:                                                      initial share which, on 15 September 1984 is in excess
                                                                               of 20 % of the initial amount. T h e y may return a
                                                     (tonnes)
                                                                               larger quantity if there are grounds for believing that
              Benelux                                        1                 such quantity might not be used.
              Denmark                                        1
              Germany                                        6
              Greece                                         1                 Member States shall notify the Commission, not later
              France                                       15                  than 1 October 198 4 of the total quantities of silk
              Ireland                                        1                 yarn imported up to and including 15 September 1984
                                                                               and charged against the Community quota and of any
             Italy                                         40
                                                                              portion of their initial share returned to the reserve.
             United Kingdom                                  5
    2.      The second instalment           of 3 0  tonnes      shall
    constitute the reserve.                                                                               Article 6
                                                                              The Commission shall keep an account of the shares
                                 Article 3                                    opened by the Member States pursuant to Articles 2
                                                                              and 3 and shall, as soon as it has been notified,
    1.     If 90 % or more of a Member State's initial                        inform each State of the extent to which the reserve
   share as specified in Article 2 (1), or of that share
                                                                             has been used up.
   minus the portion returned to the reserve where
   Article 5 is applied, has been used up, that Member
   State shall forthwith, by notifying the Commission,                       It shall inform the Member States, not later than
   draw a second share equal to 10 % of this initial                         5 October 1984, of the amount in the reserve after
   share, rounded up where necessary to the next whole                      amounts have been returned thereto pursuant to
   number, to the extent permitted by the amount of the                     Article 5.
   reserve.
                                                                            It shall ensure that the drawing which exhausts the
   2.      If, after its initial share has been used up, 90 %               reserve is limited to the balance available and to this
   or more of the second share drawn by a Member                            end shall specify the amount thereof to the Member
   State has been used up, that Member State shall                          State making the last drawing.
 ---pagebreak---                                                  - 6 -
                        Artide 7                             4.    T h e extent to which a Member State has used
                                                             up its share shall be determined on the basis of the
 1.    Member States shall take all appropriate
                                                             imports charged in accordance with paragraph 3.
 measures to ensure that supplementary shares drawn
 pursuant to Article 3 are opened in such a way that                                 Article 8
 imports may be charged without interruption against
their accumulated shares of the Community quota.             A t the Commission's request, Member States shall
                                                             inform it of the imports actually charged against their
                                                             shares.
2.     Member States shall ensure that importers of the                              Article 9
product in question                               have
free access to the shares allocated to them.                 Member States and the Commission shall cooperate
                                                             closely to ensure that this Regulation is complied
                                                             with.
3.    Member States shall charge imports of the
                                                                                    Article 10
product in question against their shares as and when
the product is entered with the customs authorities         This Regulation shall enter into force on 1 January
for free circulation.                                        1984.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
             Done at Brussels,
                                                                                   For the Council
                                                                                    The President
 ---pagebreak---                                                                    - 7-
                                              Draft
                                     C O U N C I L R E G U L A T I O N (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               yarn, spun entirely from waste silk other than noil, not put up for retail sale, falling withi-
                               subheading 50.05 A of the Common Customs Tariff (1984 )
  THE COUNCIL OF T H E EUROPEAN                                       allocation between the Member State               cern
  COMMUNITIES,                                                        would, in the light of the principles out!         Sove,
                                                                     appear consistent with the Community i :           or the
  Having regard to the Treaty establishing the                       quota;
  European Economic Community, and in particular
 Article 28 thereof,                                                 Whereas, in view of these factors and of the forecasts
                                                                     which it is possible to make, the initial percentage
  Having regard to the draft Regulation submitted by
                                                                     shares in the quota volume can be expressed approxi­
  the Commission,
                                                                     mately as follows:
 Whereas yarn spun from waste silk is produced in the
 Community; whereas, although that production                                 Benelux                            0-56
 should cover all the Community requirements by                               Denmark                            0-56
 reason of its overall volume, this does not apply with                       Germany                           0.38
 regard to yarn spun entirely from waste silk; whereas                        Greece                             0-56
                                                                              France                            16.76
 there is, as a result, an insufficient supply in the
 Community;                                                                   Ireland                            0-56
                                                                              Italy                             55-86
 Whereas, consequently, Community supplies of those                           United Kingdom                    16-76
 qualities of yarn depend to a considerable extent on
 imports; whereas full application of the C o m m o n
                                                                     Whereas, to take account of future trends in imports
 Customs Tariff duty would result in those products
                                                                     of the product in question in the various Member
 being subjected to a considerable customs charge
                                                                     States, the quota should be divided into two
while products manufactured from silk yarn face
                                                                     instalments, the first being distributed among the
 powerful competition from similar products manu­
                                                                     Member States and the second to form a reserve
 factured from other material; whereas an insufficient
                                                                     intended to cover any subsequent requirements of
supply, added to competition at finished product
                                                                      Member States who have used up their initial shares;
 level, might have adverse effects on the Community's
                                                                     whereas, in order to ensure a certain degree of
processing industries;
                                                                     security for importers of each Member State, the first
                                                                     instalment should be fixed at approximately 82 % of
Whereas the C o m m o n Customs Tariff duty applicable
                                                                     the total quota;
to imports of the yarn spun from waste silk in
question is 3- 1%; whereas, when fixing the quota
duty, it is appropriate to take into account, on the                 Whereas the initial shares may be used up at different
one hand, the situation of the Community industry                    rates; whereas, therefore, to avoid disruption of
producing yarn spun from waste silk and, on the                      supplies, any Member State which has almost used up
other, that of the industries processing yarn spun                   its initial share should draw a supplementary share
from waste silk with regard to their supplies on                     from the reserve; whereas this must be done by each
favourable terms; whereas a zero quota duty could                    Member State as each one of its supplementary shares
best meet the abovementioned requirements;                           is almost used up, and as many times as the reserve
                                                                     allows; whereas the initial and supplementary shares
Whereas the trends in imports in recent years suggest                must be valid until the end of the quota period;
that Community import requirements for the yarns in                 whereas this form of administration requires close
question might be in the region of 220 tonnes for                    collaboration between the Member States and the
1984; whereas the opening of a Community tariff                      Commission, and the Commission must be in a
quota of that volume is unlikely to harm Community                  position to follow the extent to which the tariff quota
production;                                                          has been used up and inform the Member States
                                                                     accordingly;
Whereas equal and continuous access to the quota
should be ensured for all importers, and the rate laid              Whereas if, at a given date in the quota period, a
down for the tariff quota should be applied                         considerable quantity of the initial share is left over in
consistently to all imports of the product in question              a Member State, it is essential that that Member State
until the quota is used up; whereas a system of                     should return a significant percentage thereof to the
utilization of the Community tariff quota based on an               reserve, so as to avoid a part of the Community tariff
 ---pagebreak---                                                    -    8  -
    quota remaining unused in one Member State when it             State has been used up, that Member State shall
    could be used in others;                                       forthwith, in accordance with the conditions set out
                                                                   in paragraph 1, draw a third share equal to 5 % of its
    Whereas, since the Kingdom of Belgium, the                     initial share.
    Kingdom of the Netherlands and the Grand Duchy
    of Luxembourg are united within and jointly                    3.     If after its second share has been used up, 90 %
    represented by the Benelux Economic U n i o n , any
                                                                   or more of the third share drawn by a Member State
    operation concerning the administration of the shares
                                                                   has been used up, that Member State shall forthwith,
   allocated to that economic union may be carried out
                                                                   in accordance with the same conditions, draw a
   by any one of its members,
                                                                   fourth share equal to the third.
   HAS A D O P T E D THIS R E G U L A T I O N :                   This process shall continue to apply until the reserve
                                                                  is used up.
                             Article 1
                                                                  4.     By way of derogation from paragraphs 1, 2 and
   1.     From 1 January to 31 December 198 4, the auto­           3, Member States may draw lower shares than those
   nomous duty of the C o m m o n Customs Tariff for              specified therein if there are grounds for believing
   yarn spun entirely from waste silk other than noil, not        that those specified may not be used up. They shall
   put up for retail sale, falling within subheading              inform the Commission of their reasons for applying
   50.05 A , shall be totally suspended within a                  this paragraph.
   Community tariff quota of 220 tonnes.
   2.    Within the limits of the tariff quota referred tc                                   Article 4
   in paragraph 1, Greece shall apply duties calculated in
   accordance with the relevant provisions of the 1979            Supplementary shares drawn pursuant to Article 3
  Act of Accession.                                               shall be valid until 31 December 1 9 8 4 .
                             Article 2                                                       Article 5
   1.    A first instalment of 179 tonnes of this                 Member States shall return to the reserve, not later
  Community tariff quota shall be allocated among the             than 1 October 198 4, the unused portion of their
  Member States; Member States' shares, which,                    initial share which, on 15 September 1984, is in excess
 subject      to   Article    5,   shall     be  valid    until   of 20 % of the initial amount. T h e y may return a
 31 December 198^ shall be as follows:                            larger quantity if there are grounds for believing that
                                                (tonnes)          such quantity might not be used.
          Benelux                                      1
          Denmark                                      1          Member States shall notify the Commission, not later
          Germany                                     15          than 1 October 1984, of the total quantities of yarn
          Greece                                       1          spun entirely from waste silk imported up to and
          France                                     30         'including 15 September 1984 and charged against the
          Ireland                                      1          Community quota and of any portion of their initial
          Italy                                    100            share returned to the reserve.
          United Kingdom                             30
 2.     The second instalment          of   41  tonnes    shall
                                                                                            Article 6
 constitute the reserve.
                                                                 T h e Commission shall keep an account of the shares
                                                                 opened by the Member States pursuant to Articles 2
                            Article 3                            and 3 and shall, as soon as it has been notified,
 I.     If 9 0 % or more of a Member State's initial             inform each State of the extent to which the reserve
share as specified in Article 2 (1), or of that share            has been used up.
minus the portion returned to the reserve where
Article 5 is applied, has been used up, that Member              It shall inform the Member States, not later than 5
State shall forthwith, by notifying the Commission,              October 1984, of the amount in the reserve after
draw a second share equal to 10 % of its initial share,          amounts have been returned thereto pursuant to
rounded up where necessary to the next whole                    Article 5.
number, to the extent permitted by the amount of the
reserve.                                                        It shall ensure that the drawing which exhausts the
                                                                reserve is limited to the balance available and to this
2.     If after its initial share has been used up, 90 %        end shall specify the amount thereof to the Member
or more of the second share drawn by a Member                   State making the last drawing.
 ---pagebreak---                                                             - 9-
                        Artide 7                             4.    T h e extent to which a Member State has used
                                                             up its share shall be determined on the basis of the
1.    Member States shall take all appropriate               imports charged in accordance with paragraph 3.
measures to ensure that supplementary shares drawn
pursuant to Article 3 are opened in such a way that                                  Artide 8
imports may be charged without interruption against
such accumulated shares of the Community quota.              A t the Commission's request, Member Staves siia'l
                                                             inform it of the imports actually charged against their
                                                             shares.
 2.    Member States shall ensure that importers of the
                                                                                     Artide 9
 product in question                              have
 free access to the shares allocated to them.                 Member States and the Commission shall cooperate
                                                              closely to ensure that this Regulation is complied
                                                              with.
 3.    Member States shall charge imports of the                                     Artide 10
 product in question against their shares as and when
 the product is entered with the customs authorities          This Regulation shall enter into force on 1 January
 for free circulation.                                         198 A-
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                    For the Counal
                                                                                      The President