CELEX: 31973R3462
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3462/73 of the Council of 17 December 1973 on the opening, allocation and administration of a Community tariff quota for yarn spun entirely from silk waste other than noil, not put up for retail sale, falling within heading No ex 50.05 of the Common Customs Tariff for 1974

No L 356/ 14                            Official Journal of the European Communities                             27. 12 . 73
                                REGULATION (EEC) No 3462/73 OF THE COUNCIL
                                                     of 17 December 1973
               on the opening, allocation and administration of a Community tariff quota for yarn
               spun entirely from silk waste other than noil, not put up for retail sale, falling within
                             heading No ex 50.05 of the Common Customs Tariff for 1974
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           products being subjected to a considerable customs
                                                                   charge while products manufactured from silk yarn
                                                                   face powerful competition from similar products
                                                                   manufactured from other material ; whereas an
Having regard to the Treaty establishing the                       insufficiency of supply within the Community,
European Economic Community, and in particular                     added to competition at finished product level, might
Article 28 thereof;                                                have adverse results for the Community's processing
                                                                   industries ;                                            N
Having regard to the draft Regulation submitted by
the Commission ;
                                                                   Whereas the duty under the Common Customs Tariff
                                                                   applicable on imports of the silk waste yarn in
                                                                    question is 3-5 % ; whereas when fixing the quota
Whereas, in accordance with the resolution passed at               duty it is appropriate to take into account, on the one
its meeting of 29 to 31 May 1967, the Council, by its              hand, the situation of the Community industry
Regulation (EEC) No 323 /70 ( 1), reintroduced until               producing yarn spun from waste silk and, on the
31 December 1976 the 7 % autonomous duty of the                    other, that of the industries processing yarn spun
Common Customs Tariff for yarn spun entirely from                  from waste silk with regard to their obtaining
silk waste other than noil, not put up for retail sale             supplies on favourable terms ; whereas a quota duty
falling within heading No ex 50.05 ; whereas the                   of 1-5 % could best satisfy the abovementioned
conventional duty for that product is 3-5 % ;                      requirements ;
Whereas the aforesaid resolution further provides for
the opening in respect of that period and for such                 Whereas the trend in imports during the last few
yarn of an annual Community tariff quota with                      years and the first months of 1972 suggest that
reduced duty or nil duty where a change in the                     Community import requirements of the yarns in
sources of supply or an insufficient supply within the             question might be in the region of 190 metric tons for
Community might have adverse results for the                        1974 ; whereas the opening of a Community tariff
processing industries in the Member States ;                       quota of that volume is unlikely to harm Community
                                                                   production ;
Whereas yarn spun from waste silk is produced in the
Community ; whereas although that production should
cover all the Community requirements by reason of                   Whereas equal and continuous access to the quota
its overall volume, this does not apply with regard to             should be ensured for all importers and the rate of
yarn entirely spun from waste silk ; whereas there is,              levy for the tariff quota should be applied
as a result, an insufficiency of supply in the                      consistently to all imports of the product in question
Community ;                                                         until the quota is used up ; whereas utilization of the
                                                                    Community tariff quota based on an allocation
                                                                   between the Member States concerned would in the
                                                                   light of the principles outlined above appear
Whereas consequently Community supply for those                    consistent with the Community nature of the quota ;
qualities of yarn depends to a considerable extent on              whereas to represent as closely as possible the actual
imports ; whereas full application of the duty under               trend of the market in the product in question the
the Common Customs Tariff would result in those                     allocation should follow proportionally the
                                                                    requirements of the Member States calculated both
                                                                    from statistics of imports during a representative
                                                                    reference period and from the economic outlook for
 i 1 ) OJ No L 43, 24. 2. 1970, p . 8 .                            the tariff year in question;
 ---pagebreak---                                                                                                                               »
  27 . 12. 73                        Official Journal of the European Communities                                No L 356/ 15
  Whereas the imports of the products falling within            Commission must be in a position to follow the
  the heading No 50.05 of each of the Member States             extent to which the quota volume has been used up
  concerned during the last three years for which               and inform the Member States thereof;
  complete statistics are available represent the
  following percentages of total Community imports of            Whereas if, at given date in the quota period , a
  these products :                                              considerable quantity is left over in a Member State,
                                                                it is  essential that such State should return              a
                              1970    1971        1972
                                                                substantial proportion to the reserve, to prevent part
        Benelux                 0.8      0.5         0.1
                                                                 of the total quota from remaining unused in one
                                                                Member State while it could be used in others ;
        Denmark                 0        0.1         0.1
                                                                Whereas since the Kingdom of Belgium, the Kingdom
        Germany                43.0    39.2        41.0         of the Netherlands and the Grand Duchy of
                                                                Luxembourg, are jointly represented by the Benelux
        France                  7.4      5.0       10.8
                                                                Economic Union any measure concerning the
                                                                administration    of     the   shares     allocated  to that
        Ireland                 0        0           0.6
                                                                Economic Union may be carried out by one of its
        Italy                  36.6    47.0        38.7         members,
        United Kingdom         12.2      8.2         8.7
                                                                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
  approximately as follows :                                    1.    From 1 January to 31 December 1974 the
                  Benelux               0.5                     autonomous duty of the Common Customs Tariff for
                                                                yarn spun entirely from silk waste other than noil,
                  Denmark               0.5                     not put up for retail sale, falling within heading No
                                                                ex 50.05, shall be suspended at 1 % in respect of a
                  Germany             42.1                      Community tariff quota of 220 metric tons.
                  France                8.9
                                                                2. Within the limits of this tariff quota, the new
                  Ireland               0.5                     Member States shall apply the duties calculated in
                                                                accordance with the relevant provisions of the Act of
                  Italy               34.3                      Accession ( x ).
                  United Kingdom      13.2
                                                                                          Article 2
 Whereas, to take account of future import trends for
 the product under consideration, the total quota               1.    A first tranche of 190 metric tons of this
 volume should be divided into two tranches, the first         Community tariff quota shall be allocated among the
xbeing allocated and the second held as a reserve to            Member States ; the shares shall, subject to Article 5 ,
  cover at a later date the requirements of        Member       be valid until 31 December 1974 and shall be as
 States who have used up their initial share ;      whereas     follows :
 to give importers some degree of certainty        the first
 tranche of the Community quota should be           fixed at              Benelux                       1 metric ton
 85 % of the total quota;
                                                                          Denmark                       1 metric ton
 Whereas the initial shares may be used up more or                        Germany                   80 metric tons
 less quickly; whereas, therefore, to avoid disruption
 of supplies any Member State which has almost used                       France                    17 metric tons
 up its initial share, must draw a supplementary share
 from the reserve; whereas this must be done by each                      Ireland                       1 metric ton
 Member State as each one of its supplementary
 shares is almost used up, and as many times as the                       Italy                     65 metric tons
 reserve      allows ;    whereas   the      initial     and
 supplementary shares must be valid until the end of                      United Kingdom            25 metric tons
 the quota period ; whereas this form of
 administration requires close collaboration between
 the Member States and the Commission, and the                  (!) OJ No L 73 , 27. 3 . 1972, p . 14 .
 ---pagebreak--- t
  No L 356/ 16                         Official Journal of the European Communities                            27. 12 . 73
  2.    The second tranche, of 30 metric tons, shall be           The Member States shall, not later than 10 October
  held in reserve.                                                1974, notify to the Commission the total quantities of
                                                                  yarn from silk waste imported up to and including 15
                                                                  September 1974 and charged against the Community
                                                                  tariff quota and any fractions of the initial share
                                                                  returned to the reserve .
                          Article 3
  1.    If 90 % or more of a Member State 's initial
  share specified in Article 2 ( 1 ) or of that share minis
  the portion returned to the reserve where Article 5 is                                  Article 6
  applied, has been used up, that Member State shall
  without delay, by notifying the Commission, draw a              The Commission shall keep an account of the shares
  second share, to the extent that the reserve is                 opened by the Member States pursuant to Articles 2
  sufficient, equal to 1Q % of its initial share, rounded         and 3 and shall, as soon as it has been notified,
  up where necessary to the next unit.                            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 15
  or more of the second share drawn by a Member                   October 1974 of the amount held in reserve after
  State has been used up, that Member State shall, by
  notifying the Commission, draw a third share, to the            amounts have been returned thereto pursuant to
                                                                  Article 5 .
  extent that the reserve is sufficient, equal to 5 % of
  its initial share, rounded up where necessary to the
  next unit.                                                      It shall ensure that the drawing which finally uses up
                                                                  the reserve is limited to the balance available and to
                                                                  this end shall specify the amount thereof to the
  3 . If, after its second share has been used up, 90 %           Member State making the last drawing.
  or more of the third share drawn by a Member State
  has been used up, that Member State shall, in
  accordance with paragraph 2, draw a fourth share
  equal to the third.
                                                                                          Article 7
  This process shall apply by analogy until the reserve
  is used up .                                                    1.    The Member States shall take all appropriate
                                                                  measures to ensure that supplementary shares drawn
                                                                  pursuant to Article 3 are opened in such a way that
  4. By way of derogation from paragraphs 1 , 2 and               charges may be made, without interruption, against
  3 , the Member States may draw shares lower than                their cumulative shares of the Community quota.
  those fixed in those paragraphs if there are grounds
  for considering that those fixed may not be used up.
  They shall inform the Commission of their reasons               2. Each Member State shall ensure that importers
  for applying this paragraph.                                    of the said product established in its territory have
                                                                  free access to the shares allocated to it.
                                                                  3 . The Member States shall charge against their
                           Article 4
                                                                  shares imports of the product in question, when the
                                                                  product is entered for home use.
  Supplementary shares drawn pursuant to Article 3
  shall be valid until 31 December 1974 .
                                                                  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 .
                          Article 5
  A Member State which on 15 September 1974 has
  not used up its initial share shall return to the reserve                               Article 8
  not later than 10 October 1974 the unused portion
  exceeding 20 % of the initial amount. It may return a           The Member States shall regularly inform the
  greater portion if there are grounds for considering            Commission of imports actually charged against their
  that it may not be used up .                                    shares .
 ---pagebreak--- 27. 12 . 73                        Official Journal of the European Communities                      No L 356/ 17
                       Article 9                                                   Article 10
The   Member    States  and    the Commission     shall      This Regulation shall enter into force on 1 January
cooperate closely to ensure that this Regulation is          1974 .
observed .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 17 December 1973 .
                                                                                For the Council
                                                                                  The President
                                                                                 I. NØRGAARD