CELEX: 31976R3011
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3011/76 of 9 December 1976 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 (1977)

No L 344/4                              Official Journal of the European Communities                                14. 12 . 76
                                      COUNCIL REGULATION (EEC) No 3011 /76
                                                      of 9 December 1976
               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 saie, falling within heading No ex 50.04 of the Common Customs Tariff
                                                               ( 1977)
THE COUNCIL OF THE EUROPEAN                                            being subjected to a considerable customs charge
COMMUNITIES,                                                           while products manufactured from silk yarn face
                                                                       powerful competition from similar products manufac­
                                                                       tured from other material ; whereas an insufficient
Having regard to the Treaty establishing the European                  supply, added to competition at finished product level,
Economic Community, and in particular Article 28                       might have adverse results for the Community's
thereof,                                                               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 7 % ;
                                                                       whereas, when fixing the quota duty, it is appropriate
Whereas, in accordance with the resolutions passed at                  to take into account, on the one hand, the situation of
its meeting from 29 to 31 May 1967, the Council, by                    the Community silk yarn producing industry and, on
its Regulation (EEC) No 322/70 ('), reintroduced, until                the other, that of the silk yarn processing industries
31 December 1976, the 12 % autonomous duty of the                      with regard to their supplies on favourable terms ;
Common Customs Tariff for silk yarn, other than yarn                   whereas a quota duty of 2-5 % could best meet the
of noil or other waste silk, not put up for retail sale,               abovementioned requirements ;
falling within heading No ex 50.04 ; whereas the
conventional duty for that product is 7 % ;
                                                                       Whereas the trends in imports during 1975 suggest
Whereas      the    aforementioned         resolution   further
                                                                       that the import requirements for the yarns in question
provides for the opening, in respect of that period and                might be in the region of 60 metric tons for 1 977 ;
for such silk yarn, of an annual Community tariff                      whereas the opening of a Community tariff quota of
quota with reduced or nil duty and for a re-examina­                   that volume is unlikely to harm Community produc­
tion of the sectoral situation            in   1976 ; whereas          tion ;
however, major investments have been made in Italy
for raw silk, with the assistance of the State, the
regions and individual persons ; whereas the Commu­
nity has made contributions to these efforts in the                    Whereas equal and continuous access to the quota
form of supplementary aid ; whereas for yarn entirely                   should be ensured for all importers and the rate laid
of silk it is appropriate to follow a policy analogous to               down for the tariff quota should be applied consist­
that which is proposed for raw silk ; whereas, under                    ently to all imports of the product in question until
such conditions, it is advisable to extend the system                   the quota is used up ; whereas a system of utilization
now in force to enable a close observation to be kept                   of the Community tariff quota, based on an allocation
on Italian production ;                                                 between the Member States concerned, would, in the
                                                                        light of the principles outlined above, appear
                                                                        consistent with the Community nature of the quota ;
Whereas silk yam is produced in the Community ;                         whereas, to represent as closely as possible the actual
whereas, although that production could cover all the                   market trends in the product in question , the alloca­
 Community requirements by reason of its overall                        tion should be proportionate to the requirements of
 volume, this does not apply with regard to yarn                        the Member States calculated with reference to statis­
 entirely spun from silk ; whereas there is, as a result,               tical data on imports during a representative reference
 an insufficient supply in the Community ;                              period and to the economic prospects for the quota
                                                                        period in question ;
 Whereas, consequently, Community supply for those
 qualities of yarn depends to a considerable extent on
 imports ; whereas full application of the Common                       Whereas the imports of the products falling within
 Customs Tariff duty would result in those products                     tariff heading No 50.04 of each of the Member States
                                                                        concerned during the last three years for which
 (') OJ No L 43 , 24. 2 . 1970, p . 5 .                                 complete     statistics are  available  represent    the
 ---pagebreak--- 14. 12. 76                         Official Journal of the European Communities                               No L 344/ 5
following percentages of total Community imports of          Whereas, since the Kingdom of Belgium, the
these products :                                             Kingdom of the Netherlands and the Grand Duchy of
                             1973       1974       1975       Luxembourg are united within and jointly represented
                                                             by the Benelux Economic Union, any measure
Benelux                        0           5        0
                                                             concerning the administration of the shares allocated
Denmark                        0           0        0
                                                             to that economic union may be carried out by any
Germany                       15-8       28       43-15
                                                             one of its members,
France                        17-1       17       25-16
Ireland                        0           7        0-05
Italy                         52-6       39       21-58
United Kingdom                14-5         4       10-06      HAS ADOPTED THIS REGULATION :
Whereas, in view of these factors and of the forecasts
which it is possible to make, the initial percentage                                      Article 1
shares in the quota volume can be expressed approxi­
mately as follows :                                           1.    From 1 January to 31 December 1977 the auto­
                                                              nomous duty of the Common Customs Tariff for yarn
                                                              entirely of silk, other than yarn of noil or other waste
      Benelux                                     2-0
                                                              silk, not put up for retail sale, falling within heading
      Denmark                                     2-0
                                                              No ex 50.04, shall be suspended at 2-5 % within a
      Germany                                   34-7
                                                              Community tariff quota of 60 metric tons.
      France                                    24-5
      Ireland                                     2-0
                                                              2. Within the tariff quota, the new Member States
      Italy                                     26-6
                                                              shall apply duties calculated in accordance with the
      United Kingdom                              8-2
                                                              relevant provisions of the Act of Accession .
Whereas, to take account of future trends in imports                                      Article 2
of the product in question in all the Member States,
the quota should be divided into two tranches, the            1.    A first tranche of 49 metric tons of this Commu­
first being distributed among the Member States and           nity tariff quota shall be allocated among the Member
the second to form a reserve intended to cover any            States . Member States' shares, which subject to Article
subsequent requirements of Member States who have             5 shall be valid until 31 December 1977, shall be as
used up their initial shares ; whereas, in order to           follows :
ensure a certain degree of security for importers of                                                    (in metric tons)
each Member State, the first tranche should be fixed
                                                                    Benelux                                            1
at 82 % of the total quota ;
                                                                    Denmark                                            1
                                                                    Germany                                          17
                                                                    France                                           12
Whereas the initial shares may be used up at different              Ireland                                            1
rates ; whereas, to provide for this eventuality and to             Italy                                            13
avoid disruption of. supplies, any Member State which               United Kingdom                                    4
hasT almost used uf> its initial share should draw an
additional share from the reserve ; whereas this should       2.    The second tranche of           1 1  metric   tons shall
be done by each Member State when each of its addi­           constitute the reserve .
tional shares has been almost used up, and so on as
many times as the reserve allows ; whereas the initial
and additional shares should be valid until the end of                                    Article 3
the quota period ; whereas this form of administration
requires close collaboration between Member States            1.     If 90 % or more of a Member State s initial share
and the Commission, which latter must, in particular,         as fixed in Article 2 ( 1 ), or of that share minus any
be able to keep a record of the extent to which the           portion returned to the reserve where Article 5 has
quota has been used up and to inform the Member               been applied, has been used up, that Member State
States accordingly ;                                          shall forthwith, by notifying the Commission, draw a
                                                              second share, to the extent that the reserve so permits,
                                                              equal to 10 % of its initial share, rounded up as neces­
Whereas if, at a given date in the quota period, a            sary to the next whole number.
considerable quantity of the initial share is left over in
a Member State, it is essential that that Member State        2.     If, after its initial share has been used up, 90 %
should return a significant proportion to the reserve,        or more of the second share drawn by a Member State
so as to avoid a part of the quota remaining unused in        has been used up, that Member State shall forthwith ,
one Member State when it could be used in others ;            in the manner and to the extent provided in para­
 ---pagebreak--- No L 344/ 6                      Official Journal of the European Communities                                    14. 12. 76
graph 1 , draw a third share equal to 5 % of its initial     It shall inform the Member States, not later than 5
share .                                                     October 1977, of the amount still in reserve after
                                                            amounts have been returned thereto pursuant to
3. If, after its second share has been used up, 90 %        Article 5.
or more of the third share drawn by a Member State
has been used up, that Member State shall forthwith,         It shall ensure that the drawing which exhausts the
in accordance with the same conditions, draw a fourth        reserve does not exceed the balance available and to
share equal to the third.                                    this end, shall notify the amount of that balance to
                                                             the Member State making the last drawing.
This procedure shall apply until the reserve is used
up .
                                                                                        Article 7
4. By way of derogation from paragraphs 1 , 2 and
3, Member States may draw lesser shares than those           1.     Member       States  shall   take    all    appropriate
                                                             measures    to    ensure   that   additional    shares  drawn
specified therein if there are grounds for believing
that those specified may not be used in full . They          pursuant to Article 3 are opened in such a way that
shall inform the Commission of their reasons for             imports may be charged without interruption against
applying this paragraph .                                    their aggregate shares of the Community quota.
                                                             2. Member States shall ensure that importers of the
                       Article 4                             product in question established in their territory have
                                                             free access to the shares allocated to them .
Additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1977 .                               3 . Member States shall charge against their shares
                                                             imports of the product in question as and when the
                       Article 5                             product is entered in with the customs authorities for
                                                             home use .
Member States shall return to the reserve, not later
than 1 October 1977, the unused portions of their            4.     The extent to which a Member State has used up
initial shares which, on 15 September 1977, are in           its share shall be determined on the basis of the
excess of 20 % of the initial amounts. They may              imports charged in accordance with paragraph 3.
return a greater portion if there are grounds for
believing that such portion may not be used up.                                         Article 8
Member States shall notify the Commission, not later         At the Commission s request, Member States shall
than 1 October 1977, of the total quantities of silk         inform it of the imports actually charged against their
yarn imported up to and including 15 September               shares .
 1977 and charged against the Community quota and
of any portion of their industrial shares returned to                                   Article 9
the reserve .
                                                             Member States and the Commission shall cooperate
                       Article 6                             closely to ensure that this Regulation is complied
                                                             with .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                                      Article 10
and 3 and, as soon as it has been notified, shall inform
each State of the extent to which the reserve has been       This Regulation shall enter into force on 1 January
used up.                                                      1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 December 1976.
                                                                          For the Council
                                                                            The President
                                                                          P. J. J. MERTENS