31974R2420

27 . 9 . 74 Official Journal of the European Communities No L 261 /7

REGULATION ( EEC) No 2420/ 74 OF THE COUNCIL of 23 September 1974 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 1975

THE COUNCIL OF THE EUROPEAN Whereas the duty under the Common Customs Tariff COMMUNITIES , applicable on imports of the silk waste yarn in ques­ tion is 3-5 % ; whereas when fixing the quota duty it is appropriate to take into account, on the one hand, Having regard to the Treaty establishing the European the situation of the Community industry producing Economic Community, and in particular Article 28 yarn spun from waste silk and, on the other, that of thereof ; the industries processing yarn spun from waste silk with regard to their obtaining supplies on favourable terms ; whereas a quota duty of 1 % could best satisfy Having regard to the draft Regulation submitted by the abovementioned requirements ; the Commission ;

Whereas, in accordance with the resolution passed at its meeting of 29 to 31 May 1967, the Council , by its Regulation ( EEC) No 323/70 ('), reintroduced until 31 Whereas the trend in imports during the past few December 1976 the 7% autonomous duty of the years and the first months of 1973 suggest that Common Customs Tariff for yarn , spun entirely from Community import requirements of the yarns in ques­ silk waste other than noil, not put up for retail sale, tion might be in the region of 220 metric tons for falling within heading No ex 50.05 ; whereas the 1975 ; whereas the opening of a Community tariff conventional duty for that product is 3-5 % ; quota of that volume is unlikely to harm Community production ; Whereas the aforesaid resolution further provides for the opening in respect of that period and for such yarn of an annual Community tariff quota with reduced duty or nil duty where a change in the sources of supply or an insufficient supply within the Whereas equal and continuous access to the quota Community might have adverse results for the should be ensured for all importers and the rate of processing industries in the Member States ; levy for the tariff quota should be applied consistently to all imports of the product in question until the quota is used up ; whereas utilization of the Commu­ Whereas yarn spun from waste silk is produced in the nity tariff quota based on an allocation between the Community ; whereas although that production should cover all the Community requirements by Member States concerned would in the light of the reason of its overall volume , this does not apply with principles outlined above appear consistent with the Community nature of the quota ; whereas to represent regard to yarn entirely spun from waste silk ; whereas as closely as possible the actual trend of the market in there is, as a result, an insufficient supply in the the product in question the allocation should follow Community ; proportionally the requirements of the Member States calculated both from statistics of imports during a representative reference period and from the Whereas consequently Community supply for those qualities of yarn depends to a considerable extent on economic outlook for the tariff year in question ; imports ; whereas full application of the duty under the Common Customs Tariff would result in those 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 insuffi­ Whereas the imports of the products falling within cient supply within the Community, added to compe­ heading No 50.05 of each of the Member States tition at finished product level , might have adverse concerned during the past three years for which results for the Community's processing industries ; complete statistics are available represent the following percentages of total Community imports of (') OJ No L 43 , 24 . 2 . 1970 , p. 8 . these products :

No L 261 /8 Official Journal of the European Communities 27. 9 . 74

1971 1972 1 973 Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Benelux 0-5 01 1-5 Luxembourg are jointly represented by the Benelux Denmark 0-1 01 00 Economic Union , any measure concerning the admin­ Germany 39-2 41-0 43-7 istration of the shares allocated to that Economic France 5-0 10-8 7-2 Union may be carried out by one of its members, Ireland 0-0 0-6 00 Italy 47-0 38-7 360 United Kingdom 8-2 8-7 12-6 HAS ADOPTED THIS DECISION :

Article 1 Whereas in view of these factors and of the forecasts 1 . From 1 January to 31 December 1975 the auto­ which it is possible to make the initial percentage, nomous duty of the Common Customs Tariff for yarn , shares in the quota volume can be expressed approxi­ spun entirely from silk waste other than noil , not put mately as follows : up for retail sale, falling within heading No ex 50.05, shall be suspended at 1 % in respect of a Community Benelux 0-5 tariff quota of 220 metric tons. Denmark 0-5 42-1 2 . Within the limits of this tariff quota, the new Germany France 8-9 Member States shall apply the duties calculated in Ireland 0-5 accordance with the relevant provisions of the Act of Accession . Italy 34-3 United Kingdom 13-2 Article 2

1 . A first successive amount of 1 90 metric tons of Whereas, to take account of future import trends for this Community tariff quota shall be allocated among the product under consideration , the total quota the Member States ; the shares shall , subject to Article volume should be divided into two successive 5 , be valid until 31 December 1975 and shall be as amounts, the first being allocated and the second held follows : as a reserve to cover at a later date the requirements of Benelux 1 metric ton Member States who have used up their initial share ; Denmark 1 metric ton whereas to give importers some degree of certainty the Germany 80 metric tons first successive amount of the Community quota France 17 metric tons should be fixed at 85 % of the total quota ; Ireland 1 metric ton Italy 65 metric tons United Kingdom 25 metric tons Whereas the initial shares may be used up more or less quickly ; whereas, therefore, to avoid disruption of 2 . The second successive amount, of 30 metric supplies any Member State which has almost used up tons , shall be held in reserve . its initial share, must draw a supplementary share from the reserve ; whereas this must be done by each Article 3 Member State as each one of its supplementary shares is almost used up, and as many times as the reserve 1 . If 90 % or more of a Member State 's initial share allows ; whereas the initial and supplementary shares specified in Article 2 ( 1 ) or of that share minus the must be valid until the end of the quota period ; portion returned to the reserve where Article 5 is whereas this form of administration requires close applied, has been used up , that Member State shall collaboration between the Member States and the without delay, by notifying the Commission , draw a Commission , and the Commission must be in a posi­ second share , to the extent that the reserve is suffi­ tion to follow the extent to which the quota volume cient, equal to 10 % of its initial share, rounded up has been used up and inform the Member States where necessary to the next unit . thereof ; 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used up , that Member State shall without Whereas if, at given date in the quota period, a consid­ delay, under the conditions laid down in paragraph 1 , erable quantity is left over in a Member State, it is draw a third share equal to 5 % of its initial share. essential that such State should return a substantial proportion to the reserve, to prevent part of the total 3 . If, after its second share has been used up , 90 % quota from remaining unused in one Member State or more of the third share drawn by a Member State while it could be used in others ; has been used up , that Member State shall without

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

delay, under the same conditions, draw a fourth share amounts have been returned thereto pursuant to equal to the third . Article 5 . This process shall apply until the reserve is used up. It shall ensure that the drawing which finally uses up the reserve is limited to the balance available and to 4. By way of derogation from paragraphs 1 , 2 and this end shall specify the amount thereof to the 3 , the Member States may draw shares lower than Member State making the last drawing. those fixed in those paragraphs if there are grounds for considering that those fixed may not be used up. Article 7 They shall inform the Commission of their reasons for applying this paragraph . 1 . The Member States shall take all appropriate measures to ensure that supplementary shares drawn Article 4 pursuant to Article 3 are opened in such a way that charges may be made, without interruption , against Supplementary shares drawn pursuant to Article 3 their cumulative shares of the Community quota. shall be valid until 31 December 1975 . 2. Each Member State shall ensure that importers Article 5 of the said product established in its territory have free access to the shares allocated to it . A Member State which on 15 September 1975 has not 3 . The Member States shall charge against their used up its initial share shall return to the reserve not shares imports of the product in question, when the later than 10 October 1975 the unused portion product is entered for home use . exceeding 20 % of the initial amount. It may return a greater portion if there are grounds for considering 4. The extent to which a Member State has used up that it may not be used up . its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . The Member States shall , not later than 10 October 1975, notify to the Commission the total quantities of Article 8 yarn from silk waste imported up to and including 15 September 1975 and charged against the Community The Member States shall regularly inform the tariff quota and any fractions of the initial share Commission of imports actually charged against their returned to the reserve . shares .

Article 6 Article 9 The Commission shall keep an account of the shares The Member States and the Commission shall coop­ opened by the Member States pursuant to Articles 2 erate closely to ensure that this Regulation is and 3 and shall , as soon as it has been notified , inform observed . each State of the extent to which the reserve has been used up . Article 10

It shall inform the Member States not later than 15 This Regulation shall enter into force on 1 January October 1975 of the amount held in reserve after 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