31975R2884

No L 292/22 Official Journal of the European Communities 12 . 11.75

REGULATION (EEC) No 2884/75 OF THE COUNCIL of 29 October 1975

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 ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Customs Tariff duty would result in those products being subjected to a considerable customs charge while products manufactured from silk yarn face powerful competition from similar products Having regard to the Treaty establishing the manufactured from other material ; whereas an European Economic Community, and in particular insufficient supply, added to competition at Article 28 thereof; finished product level, might have adverse results for the Community's processing industries ;

Having regard to the draft Regulation submitted by the Commission ; Whereas the Common Customs Tariff duty applicable to imports of the silk yarn in question is 7% ; whereas, when fixing the quota duty, it is Whereas, in accordance with the resolution passed appropriate to take into account, on the one hand, at its meeting from 29 to 31 May 1967, the Council, the situation of the Community silk yarn producing by its Regulation (EEC) No 322/70 (*), reintroduced, industry and, on the other, that of the silk yarn until 31 December 1976, the 12% autonomous duty processing industries with regard to their supplies of the Common Customs Tariff for silk yarn, other on favourable terms ; whereas a quota duty of 2-5% than yarn of noil or other waste silk, not put up could best meet the abovementioned requirements ; for retail sale, falling within heading No ex 50.04 ; whereas the conventional duty for that product is 7% ;

Whereas the trends in imports during 1974 suggest Whereas the aforementioned resolution further that the import requirements for the yarns in question might be in the region of 60 metric tons provides for the opening in respect of that period for 1976 ; whereas the opening of a Community and for such silk yarn of an annual Community tariff quota of that volume is unlikely to harm tariff quota with reduced or nil duty where a change Communitv production; in the sources of supply or an insufficient supply within the Community might have adverse results for the processing industries in the Member States ;

Whereas equal and continuous access to the quota should be ensured for all importers and the rate Whereas silk yarn is produced in the Community ; laid down for the tariff quota should be applied whereas, although that production could cover all consistently to all imports of the product in question the Community requirements by reason of its overall until the quota is used up ; whereas a system of volume, this does not apply with regard to yarn utilization of the Community tariff quota, based on entirely spun from silk; whereas there is, as a result, an allocation between the Member States concerned, an insufficient supply in the Community; would, in the light of the principles outlined above, appear consistent with the Community nature of the quota; whereas, to represent as closely as possible Whereas consequently Community supply for those the actual market trends in the product in question, qualities of yarn depends to a considerable extent the allocation should be proportionate to the on imports ; whereas full application of the Common requirements of the Member States calculated with reference to statistical data on imports during a representative reference period and to the economic (x ) OJ No L 43 , 24. 2. 1970, p. 5. prospects for the quota period in question ;

12 . 11 . 75 Official Journal of the European Communities No L 292/23

Whereas the imports of the products falling within Whereas if, at a given date in the quota period, a tariff heading No 50.04 of each of the Member considerable quantity is left over in a Member State, States concerned during the last three years for which it is essential that that Member State should return complete statistics are available represent the a significant proportion to the reserve, so as to following percentages of total Community imports avoid a part of the quota remaining unused in one of these products : Member State when it could be used in others ;

1972 1973 1974 Whereas, since the Kingdom of Belgium, the Kingdom Benelux 0-7 0 5 of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented Denmark 0-2 0 0 by the Benelux Economic Union, any measure Germany 18-6 15-8 28 concerning the administration of the shares allocated France 17-1 17-1 17 to that Economic Union may be carried out by any one of its members, Ireland 1-4 0 7 Italy 50-0 52-6 39 United Kingdom 12-0 14-5 4 ; HAS ADOPTED THIS REGULATION :

Whereas, in view of these factors and of the forecasts Article 1 which it is possible to make, the initial percentage shares in the quota volume can be expressed 1 . From 1 January to 31 December 1976, the approximately as follows : autonomous duty of the Common Customs Tariff for yarn entirely of silk, other than yarn of noil or Benelux 2-1 other waste silk, not put up for retail sale, falling Denmark 2-1 within heading No ex 50.04 shall be suspended at 2-5% within a Community tariff quota of 60 metric Germany 36-4 tons . France 25.5 Ireland 2-1 2. Within the tariff quota, the new Member States shall apply duties calculated in accordance with the Italy 27-7 relevant provisions of the Act of Accession. United Kingdom 4-3 ;

Article 2 Whereas, to take account of future trends in imports of the product in question, the quota should be 1 . A first tranche of 47 metric tons of this Com­ divided into two tranches, the first being allocated munity tariff quota shall be allocated among the and the second to form a reserve intended to cover Member States. Member States' shares which, subject any subsequent requirements of Member States who to Article 5, shall be valid until 31 December 1976, have used up their initial shares ; whereas, in order shall be as follows : to ensure a certain degree of security for importers, in metric tons the first tranche of the Community tariff quota should be fixed at 78% of the total quota ; Benelux 1

Denmark 1 Whereas the initial shares may be used up at Germany 17 different rates ; whereas, to provide for this even­ tuality and to avoid disruption of supplies, any France 12 Member State which has almost used up its initial Ireland 1 share should draw an additional share from the Italy 13 reserve; whereas this should be done by each Member State when each of its additional shares has been United Kingdom 2 . almost used up, and so on as many times as the reserve allows ; whereas the initial and additional 2. The second tranche of 13- metric tons shall shares should be valid until the end of the quota constitute the reserve. period; whereas this form of administration requires close collaboration between Member States and the Commission, which latter must, in particular, be able Article 3 to keep a record of the extent to which the quota has been used up and to inform the Member States 1 . If 90% or more of a Member State's initial share accordingly; as fixed in Article 2 ( 1 ), or of that share minus any

No L 292/24 Official Journal of the European Communities 12.11.75

portion returned to the reserve where Article 5 has Article 6 been applied, has been used up, that Member State shall forthwith, by notifying the Commission, draw The Commission shall keep an account of the shares a second share, to the extent that the reserve so opened by the Member States pursuant to Articles permits, equal to 10% of its initial share, rounded 2 and 3 and, as soon as it has been notified, shall up as necessary to the next whole number. 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 5 October 1976, of the amount still in reserve after or more of the second share drawn by a Member State has been used up, that Member State shall amounts have been returned thereto pursuant to Article 5 . forthwith, in the manner and to the extent provided in paragraph 1 , draw a third share equal to 5% of its initial share. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and to this end, shall notify the amount of that balance to the Member State making the last drawing. 3 . If, after its second share has been used up, 90% or more of the third share drawn by a Member State has been used up, that Member State shall forthwith, Article 7 in accordance with the same conditions, draw a fourth share equal to the third. 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may This procedure shall apply until the reserve is used up . be charged without interruption against their aggregate shares of the Community quota.

2. Member States shall ensure that importers of the 4. By way of derogation from paragraphs 1 , 2 and 3, product in question established in their territory have Member States may draw lesser shares than those free access to the shares allocated to them. specified therein if there are grounds for believing that those specified may not be used in full. They shall inform the Commission of their reasons for 3 . Member States shall charge against their shares applying this paragraph. imports of the product in question as and when the product is entered with the customs authorities for home use.

Article 4 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 . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976. Article 8

Article 5 At the Commission's request, Member States shall inform it of the imports actually charged against their shares . Member States shall return to the reserve, not later than 1 October 1976, the unused portions of their Article 9 initial shares which, on 15 September 1976, are in excess of 20% of the initial amounts. They may return a greater portion if there are grounds for Member States and the Commission shall cooperate believing that such portion may not be used up. closely to ensure that this Regulation is complied with. Member States shall notify the Commission, not later than 1 October 1976, of the total quantities of Article 10 silk yarn imported up to and including 15 September 1976 and charged against the Community quota and of any portion of their initial shares returned to the This Regulation shall enter into force on 1 January reserve . 1976.

12.11.75 Official Journal of the European Communities No L 292/25

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

Done at Luxembourg, 29 October 1975 .

For the Council

The President

G. MARCORA