31975R2885
No L 292/26 Official Journal of the European Communities 12 . 11 . 75
REGULATION (EEC) No 2885/75 OF THE COUNCIL of 29 October 1975
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 (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 finished Article 28 thereof; 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 yarn spun from waste silk in Whereas, in accordance with the resolution passed question is 3-5% ; whereas, when fixing the quota at its meeting from 29 to 31 May 1967, the Council, duty, it is appropriate to take into account, on the by its Regulation (EEC) No 323 /70 (*), reintroduced, one hand, the situation of the Community induistry until 31 December 1976, the 7% autonomous duty producing yarn spun from waste silk and, on the of the Common Customs Tariff for yarn, spun other, that of the industries processing yarn spun entirely from silk waste other than noil, not put up from waste silk with regard to their supplies on for retail sale, falling within heading No ex 50.05 ; favourable terms ; whereas a quota duty of 1% could whereas the conventional duty for that product is best meet the abovementioned requirements ; 3-5% ;
Whereas the aforementioned resolution further Whereas the trends in imports during 1974 suggest provides for the opening, in respect of that period that Community import requirements for the yarns in and for such yarn, of an annual Community tariff question might be in the region of 195 metric tons quota with reduced duty or nil duty, where a change for 1976 ; whereas the opening of a Community in the sources of supply or an insufficient supply tariff quota of that volume is unlikely to harm within the Community might have adverse results Community production ; for the processing industries in the Member States ;
Whereas equal and continuous access to the quota Whereas yarn spun from waste silk is produced in should be ensured for all importers and the rate the Community ; whereas, although that production laid down for the tariff quota should be applied should cover all the Community requirements by consistently to all imports of the product in question reason of its overall volume, this does not apply until the quota is used up ; whereas a system of with regard to yarn entirely spun from waste silk ; utilization of the Community tariff quota, based whereas there is, as a result, an insufficient supply on an allocation between the Member States in the Community; concerned, would, in the light of the principles outlined above, appear consistent with the Com munity nature of the quota ; whereas, to represent Whereas, consequently, Community supplies of those as closely as possible the actual market trends in the qualities of yarn depend to a considerable extent product in question, the allocation should be on imports ; whereas full application of the Common proportionate to the requirements of the Member States calculated with reference to statistical data on imports during a representative reference period and to the economic prospects for the quota period (x) OJ No L 43 , 24. 2. 1970 , p. 8 . in question ;
12 . 11.75 Official Journal of the European Communities No L 292/27
Whereas the imports of the products falling within Whereas if, at a given date in the quota period, a heading No 50.05 of each of the Member States considerable quantity is left over in a Member State, 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 King Benelux 0-1 1-5 1 dom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly Denmark 0-1 0 0 represented by the Benelux Economic Union, any Germany 41-0 43-7 50 measure concerning the administration of the shares allocated to that Economic Union may be carried France 10-8 7-2 10 out by any one of its members, Ireland 0-6 0 0 38-7 36-0 33 Italy 8-7 12-6 HAS ADOPTED THIS REGULATION : United Kingdom 6 ;
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 , spun entirely from silk -^waste other than Benelux 0-6 noil, not put up for retail sale, falling within heading Denmark 0-6 No ex 50.05 , shall be suspended at 1% within a Community tariff quota of 195 metric tons. Germany 49-4 France 9-3 2 . Within this tariff quota, the new Member States Ireland 0-6 shall apply duties calculated in accordance with the relevant provisions of the Act of Accession . Italy 30.9 United Kingdom 8-6 ; Article 2
Whereas, to take account of future trends in imports 1 . A first tranche of 162 metric tons of this Com of the product in question, the quota should be munity tariff quota shall be allocated among the divided into two tranches, the first being allocated and the second to form a reserve intended to cover Member States. Member State's shares which, subject to Article 5 , shall be valid until 31 December 1976, any subsequent requirements of Member States who shall be as follows : have used up their initial shares ; whereas, in order to ensure a certain degree of security for importers , in metric tons the first tranche of the Community tariff quota should be fixed at 83% of the total quota; Benelux 1 Denmark 1 Germany 80 Whereas the initial shares may be used up at different France 15 rates ; whereas, to provide for this eventuality and to avoid disruption of supplies, any Member State Ireland 1 which has almost used up its initial share should 50 Italy draw an additional share from the reserve ; whereas United Kingdom 14 ; this should be done by each Member State when each of its additional shares has been almost used 2 . The second tranche of 33 metric tons shall up, and so on as many times as the reserve allows ; whereas the initial and additional shares should be constitute the reserve . valid until the end of the quota period ; whereas this form of administration requires close collaboration Article 3 between Member States and the Commission, which latter must be able to keep a record of the extent to which the quota has been used up and to inform 1 . If 90% or more of a Member State 's initial share the Member States accordingly; as fixed in Article 2 ( 1 ), or of that share minus anv
No L 292/28 Official Journal of the European Communities 12 . 11.75
Article 6 portion returned to the reserve where Article 5 has 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 or more of the second share drawn by a Member 5 October 1976, of the amount still in reserve after State has been used up, that Member State shall amounts have been returned thereto pursuant to forthwith, in the manner and to the extent provided Article 5 . 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 3 . If, after its second share has been used up, 90% to the 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 forthwith, in accordance with the same conditions, Article 7 draw a fourth share equal to the third.
1 . Member States shall take all appropriate measures to ensure that additional shares drawn This procedure shall apply until the reserve is used pursuant to Article 3 are opened in such a way up . that imports may be charged without interruption against their aggregate shares of the Community quota . 4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lesser shares than those specified therein if there are grounds for believing 2. Member States shall ensure that importers of that those specified may not be used in full. They the product in question established in their territory shall inform the Commission of their reasons for have free access to the shares allocated to them. applying this paragraph. 3 . Member States shall charge against their shares 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 Additional shares drawn pursuant to Article 3 shall up its share shall be determined on the basis of the be valid until 31 December 1976. imports charged in accordance with paragraph 3 .
Article 8 Article 5 At the Commission's request, Member States shall inform it of the imports actually charged against their Member States shall return to the reserve, not later shares . than 1 October 1976, the unused portions of their initial shares which, on 15 September 1976, are in Article 9 excess of 20% of the initial amounts. They may return a greater portion if there are grounds for believing that such portion may not be used up. Member States and the Commission shall cooperate 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 Article 10 of yarn from silk waste imported up to and including 15 September 1976 and charged against the Com munity quota and of any portions of their initial This Regulation shall enter into force on shares returned to the reserve. 1 January 1976.
12. 11 . 75 Official Journal of the European Communities No L 292/29
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