31973R3462

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;

» 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 of the total quota from remaining unused in one Benelux 0.8 0.5 0.1 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 36.6 47.0 38.7 members, Italy

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 autonomous duty of the Common Customs Tariff for Benelux 0.5 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 34.3 Accession ( x ). Italy

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 Italy 65 metric tons shares is almost used up, and as many times as the reserve allows ; whereas the initial and United Kingdom 25 metric tons supplementary shares must be valid until the end of 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 .

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 Article 6 the portion returned to the reserve where Article 5 is 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 amounts have been returned thereto pursuant to notifying the Commission, draw a third share, to the 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 .

Article5¶

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 .

27 . 12 . 73 Official Journal of the European Communities No L 356/ 17

Article9¶

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