CELEX: 31973R3461
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3461/73 of the Council of 17 December 1973 on the opening, allocation and administration of a Community tariff quota for yarn entirely of silk, other than yarn of noil or other waste silk, not put up for retail sale, falling within heading No ex 50.04 of the Common Customs Tariff for 1974

No L 356/ 10                        Official Journal of the European Communities                             27. 12 . 73
                              REGULATION (EEC) No 3461 /73 OF THE COUNCIL
                                                 of 17 December 1973
              on the opening, allocation and administration of a Community tariff quota for yarn
              entirely of silk, other than yarn of noil or other waste silk, not put up for retail sale,
                   falling within heading No ex 50.04 of the Common Customs Tariff for 1974
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      product level, might have adverse results for the
                                                               Community's processing industries;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 28 thereof;                                            Whereas the duty under the Common Customs Tariff
                                                               applicable on imports of the silk yarn in question is
                                                               7 % ; whereas, when fixing the quota duty, it is
Having regard to the draft Regulation submitted by             appropriate to take into account, on the one hand,
the Commission;                                                the situation of the Community silk yarn producing
                                                               industry and, on the other, that of the silk yarn
                                                               processing industries with regard to their obtaining
Whereas, in accordance with the Resolution passed at           supplies on favourable terms; whereas a quota duty
its meeting of 29 to 31 May 1967, the Council, by its          of 3 % could best satisfy the abovementioned
Regulation (EEC) No 322/70 (*), reintroduced until             requirements ;
31 December 1976 the 12 % autonomous duty of the
Common Customs Tariff 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;         Whereas the trend in imports during 1972 suggests
whereas the conventional duty for that product is              that the import requirements of the yarns in question
7% ;
                                                               might be in the region of 60 metric tons for 1974;
                                                               whereas the opening of a Community tariff quota of
Whereas the resolution aforesaid further provides for          that volume is unlikely to harm Community
the opening in respect of that period and for such silk        production ;
yarn of an annual Community tariff quota with
reduced or nil duty where a change in the sources of
supply or an insufficient supply within the
Community might have adverse results for the                   Whereas equal and continuous access to the quota
processing industries in the Member States ;                   should be ensured for all importers and the rate of
                                                               levy for the tariff quota should be applied
                                                               consistently to all imports of the product in question
Whereas silk yarn is produced in the Community ;               until the quota is used up ; whereas, utilization of the
whereas, although that production could cover all the          Community tariff quota in the light of the principles
Community requirements by reason of its overall                outlined above based on an allocation between the
volume, this does not apply with regard to yarn                Member States concerned would appear consistent
entirely spun from silk; whereas there is, as a result,        with the Community nature of the quota; whereas to
an insufficient supply in the Community ;                      represent as closely as possible the actual trend of the
                                                               market in the product in question the allocation
                                                               should follow proportionately the requirements of
Whereas consequently Community supply for those                the Member States calculated both from statistics of
qualities of yarn depends to a considerable extent on          imports during a representative reference period and
imports ; whereas full application of the duty under           from the economic outlook for the tariff year in
the Common Customs Tariff would result in those                question ;
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                  Whereas the corresponding imports of the products
insufficient supply, added to competition at finished          falling within the tariff heading No 50.04 of each of
                                                               the Member States concerned during the last three
                                                               years for which complete statistics are available
                                                               represent the following percentages of total
 (x) OJ No L 43, 24. 2. 1970, p. 5.                            Community imports of these products :
 ---pagebreak---   27. 12 . 73                        Official Journal of the European Communities                          No L 356/ 11
                             1970     1971      1972            Whereas if, at a given date in the quota period, a
                                                                considerable quantity is left over in a Member State,
       Benelux                3.0       0         0.7           it is essential that such State should return a
                                                                substantial proportion to the reserve, to prevent part
       Denmark                0         0.5       0.2
                                                                 of the total quota from remaining unused in one
                                                                Member State while it could be used in others;
       Germany               35.3      35.0      18.6
       France                23.5      20.0      17.1           Whereas since the Kingdom of Belgium, the Kingdom
                                                                of the Netherlands and the Grand Duchy of
       Ireland                0         0.7       1.4           Luxembourg are jointly represented by the Benelux
                                                                Economic Union, any measure concerning the
       Italy                 14.7      22.5     50.0            administration    of  the   shares allocated   to that
       United Kingdom        23.5      21.3      12.0
                                                                Economic Union may be carried out by one of its
                                                                members,
 Whereas in view of these factors and of the forecasts
 which it is possible to make the initial percentage,           HAS ADOPTED THIS REGULATION :
 shares in the quota volume can be expressed
 approximately as follows :
                                                                                        Article 1
                 Benelux                  2
                 Denmark                  2                     1 . From 1 January to 31 December 1974, the
                                                                autonomous duty of the Common Customs Tariff for
                 Germany                34                     yarn entirely of silk, other than yarn of noil or other
                                                                waste silk, not put up for retail sale, falling within
                 France                 24                      heading No ex 50.04 shall be suspended at 2*5 % in
                                                                respect of a Community tariff quota of 60 metric
                 Ireland                 2                      tons .
                 Italy                  28
                                                               2. Within the limits of the tariff quota, the new
                 United Kingdom           8                    Member States shall apply the duties calculated in
                                                               accordance with the relevant provisions of the Act of
                                                               Accession f1).
 Whereas, to take account of future import trends for
 the product under consideration, the total quota
 volume should be divided into two tranches, the first                                 Article 2
 being allocated and the second held as a reserve to
 cover at a later date the requirements of Member              1.      A first tranche of 50 metric tons of this
 States ' who have used up their initial share; whereas        Community tariff quota shall be allocated among the
 to give importers some degree of certainty the first          Member States ; the shares shall, subject to Article 5,
tranche of the Community quota should in the event             be valid until 31 December 1974 and shall be as
be fixed at 83 % of the total quota;                           follows :
                                                                          Benelux               1 metric ton
Whereas the initial shares may be used up more or
                                                                          Denmark               1 metric ton
less quickly ; whereas, therefore, to avoid disruption
of supplies any Member State which has almost used
                                                                          Germany              17 metric tons
up its initial share, must draw a supplementary share
from the reserve; whereas this must be done by each                       France               12 metric tons
Member State as each one of its supplementary
shares is almost used up, and as many times as the                        Ireland               1 metric ton
reserve allows ; whereas the initial and supplementary
shares must be valid until the end of the quota                           Italy                14 metric tons
period; whereas this form of administration requires
close collaboration between the Member States and                         United Kingdom        4 metric tons
the Commission, and the Commission must be in a
position to follow the extent to which the quota
volume has been used up and inform the Member
States thereof;                                                 H OJ No L 73, 27. 3 . 1972, p. 14.
 ---pagebreak--- No L 356/ 12                          Official Journal of the European Communities                             27. 12 . 73
2.     The second tranche, of 10 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
                                                                 silk yarn imported up to and including 15 September
                                                                 1974 and charged against the Community tariff quota
                                                                 and any quantities of the initial share returned to the
                                                                 reserve .                                              f
                           Article 3
1.     If 90 % or more of a Member State's initial
share specified in Article 2 ( 1 ), or of that share minus
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 10 % 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;|4       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 tn
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 said product, 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 S
A Member State which on 15 September 1974 has
                                                                                         Article 8
 not used up its initial share shall return to the reserve
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/ 13
                     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