31974R2419

No L 261 /4 Official Journal of the European Communities 27. 9 . 74

REGULATION ( EEC) No 2419/74 OF THE COUNCIL of 23 September 1974 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 1975 .

THE COUNCIL OF THE EUROPEAN priate to take into account, on the one hand, the situa­ COMMUNITIES, tion of the Community silk yarn producing industry and, on the other, that of the silk yarn processing Having regard to the Treaty establishing the European industries with regard to their obtaining supplies on Economic Community, and in particular Article 28 favourable terms ; whereas a quota duty of 2-5 % thereof ; could best satisfy the abovementioned requirements ;

Having regard to the draft Regulation submitted by Whereas the trend in imports during 1973 suggests the Commission ; that the import requirements of the yarns in question might be in the region of 60 metric tons for 1975 ; Whereas, in accordance with the resolution passed at whereas the opening of a Community tariff quota of its meeting of 29 to 31 May 1967, the Council, by its that volume is unlikely to harm Community produc­ Regulation (EEC) No 322/70 ( ! ), reintroduced until 31 tion ; December 1976 the 12% autonomous duty of the Common Customs Tariff for silk yarn , other than yarn of noil or other waste silk, not put up for retail sale, Whereas equal and continuous access to the quota falling within heading No ex 50.04 ; whereas the should be ensured for all importers and the rate of conventional duty for that product is 7 % ; levy for the tariff quota should be applied consistently to all imports of the product in question until the Whereas the resolution aforesaid further provides for quota is used up ; whereas, utilization of the Commu­ the opening in respect of that period and for such silk nity tariff quota in the light of the principles outlined yarn of an annual Community tariff quota with above based on an allocation between the Member reduced or nil duty where a change in the sources of States concerned would appear consistent with the supply or an insufficient supply within the Commu­ Community nature of the quota ; whereas to represent nity might have adverse results for the processing as closely as possible the actual trend of the market in industries in the Member States ; the product in question the allocation should follow proportionately Uhe requirements of the Member Whereas silk yarn is produced in the Community ; States calculated both from statistics of imports during a representative reference period and from the whereas, although that production could cover all the economic outlook for the tariff year in question ; Community requirements by reason of its overall volume , this does not apply with regard to yarn entirely spun from silk ; whereas there is, as a result, an insufficient supply in the Community ; Whereas the corresponding imports of the products falling within the tariff heading No 50.04 of each of the Member States concerned during the past three Whereas consequently Community supply for those years for which complete statistics are available repre­ qualities of yarn depends to a considerable extent on sent the following percentages of total Community imports ; whereas full application of the duty under imports of these products : the Common Customs Tariff would result in those products being subjected to a considerable customs 1971 1972 1973 charge while products manufactured from silk yarn Benelux 0-0 0-7 0-0 face powerful competition from similar products Denmark 0-5 0-2 0 0 manufactured from other material ; whereas an insuffi­ 35-0 18-6 15-8 Germany cient supply, added to competition at finished product France 20-0 17-1 17-1 level, might have adverse results for the Community's Ireland 0-7 1-4 0-0 processing industries ; Italy 22-5 50-0 52-6 United Kingdom 21-3 12-0 1 4-5 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 appro­ Whereas in view of these factors and of the forecasts (') OJ No L 43 , 24 . 2 . 1970 , p. 5 . which it is possible to make the initial percentage,

27 . 9 . 74 Official Journal of the European Communities No L 261 /5

shares in the quota volume can be expressed approxi­ accordance with the relevant provisions of the Act of mately as follows : Accession . Benelux 2 Denmark 2 Article 2 Germany 34 France 24 1 . A first successive amount of 50 metric tons of Ireland 2 this Community tariff quota shall be allocated among 26 the Member States ; the shares shall , subject to Article Italy 10 5, be valid until 31 December 1975 and shall be as United Kingdom follows : Whereas, to take account of future import trends for Benelux 1 metric ton the product under consideration, the total quota Denmark 1 metric ton volume should be divided into two successive Germany 17 metric tons amounts, the first being allocated and the second held France 12 metric tons as a reserve to cover at a later date the requirements of Ireland 1 metric ton Member States who have used up their initial share ; Italy 13 metric tons whereas to give importers some degree of certainty the United Kingdom 5 metric tons first successive amount of the Community quota should in the event be fixed at 83 % of the total 2. The second successive amount, of 10 metric quota ; tons, shall be held in reserve . Whereas the initial shares may be used up more or less quickly ; whereas, therefore, to avoid disruption of Article 3 supplies any Member State which has almost used up 1 . If 90 % or more of a Member State's initial share its initial share, must draw a -supplementary share from the reserve ; whereas this must be done by each specified in Article 2 ( 1 ), or of that share minus the Member State as each one of its supplementary shares portion returned to the reserve where Article 5 is is almost used up, and as many times as the reserve applied, has been used up, that Member State shall allows ; whereas the initial and supplementary shares without delay, by notifying the Commission, draw a second share, to the extent that the reserve is suffi­ must be valid until the end of the quota period ; whereas this form of administration requires close cient, equal to 10 % of its initial share, rounded up collaboration between the Member States and the where necessary to the next unit. Commission , and the Commission must be in a posi­ 2. If, after its initial share has been used up, 90 % tion to follow the extent to which the quota volume or more of the second share drawn by a Member State has been used up and inform the Member States has been used up, that Member State shall without thereof ; delay, under the conditions laid down in paragraph 1 , Whereas if, at a given date in the quota period, a draw a third share equal to 5 % of its initial share. considerable quantity is left over in a Member State, it is essential that such State should return a substantial 3 . If, after its second share has been used up, 90 % or more of the third share drawn by a Member State proportion to the reserve, to prevent part of the total has been used up, that Member State, shall without quota from remaining unused in one Member State delay, under the same conditions, draw a fourth share while it could be used in others ; equal to the third. Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of This process shall apply until the reserve is used up. Luxembourg are jointly represented by the Benelux 4. By way of derogation from paragraphs 1 , 2 and Economic Union , any measure concerning the admin­ 3 , the Member States may draw shares lower than istration of the shares allocated to that Economic those fixed in those paragiaphs if there are grounds Union may be carried out by one of its members, for considering that those fixed may not be used up . They shall inform the Commission of their reasons HAS ADOPTED THIS REGULATION : for applying this paragraph .

Article 1 Article 4 1 . From 1 January to 31 December 1975, the auto­ Supplementary shares drawn pursuant to Article 3 nomous duty of the Common Customs Tariff for yarn shall be valid until 31 December 1975 . entirely of silk, other than yarn of noil or other waste silk, not put up for retail sale, falling within heading Article 5 No ex 50.04 shall be suspended at 2-5 % in respect of a Community tariff quota of 60 metric tons. A Member State which on 15 September 1975 has not 2. Within the limits of the tariff quota, the new used up its initial share shall return to the reserve not Member States shall apply the duties calculated in later than 10 October 1975 the unused portion

No L 261 / 6 Official Journal of the European Communities 27 . 9 . 74

exceeding 20 % of the initial amount. It may return a pursuant to Article 3 are opened in such a way that greater portion if there are grounds for considering charges may be made, without interruption, against that it may not be used up. their cumulative shares of the Community quota. The Member States shall, not later than 10 October 2. Each Member State shall ensure that importers 1975 notify to the Commission the total quantities of of the said product established in its territory have silk yarn imported up to and including 15 September free access to the shares allocated to it. 1975 and charged against the Community tariff quota and any quantities of the initial share returned to the 3 . The Member States shall charge against their reserve . shares imports of the said product, when the product is entered for home use . Article 6 4. The extent to which a Member State has used up its share shall be determined on the basis of the The Commission shall keep an account of the shares imports charged in accordance with paragraph 3. opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as it has been notified, inform each State of the extent to which the reserve has been Article 8 used up. The Member States shall regularly inform the It shall inform the Member States not later than 15 Commission of imports actually charged against their October 1975 of the amount held in reserve after shares . amounts have been returned thereto pursuant to Article 5 . Article 9 It shall ensure that the drawing which finally uses up the reserve is limited to the balance available and to The Member States and the Commission shall coop­ erate closely to ensure that this Regulation is this end shall specify the amount thereof to the observed . Member State making the last drawing.

Article7¶

1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 January measures to ensure that supplementary shares drawn 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 23 September 1974. For the Council

The President

Ch . PONCELET