31976R3011

No L 344/4 Official Journal of the European Communities 14. 12 . 76

COUNCIL REGULATION ( EEC) No 3011 / 76 of 9 December 1976 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 saie, falling within heading No ex 50.04 of the Common Customs Tariff ( 1977 )

THE COUNCIL OF THE EUROPEAN being subjected to a considerable customs charge COMMUNITIES, while products manufactured from silk yarn face powerful competition from similar products manufac­ tured from other material ; whereas an insufficient Having regard to the Treaty establishing the European supply, added to competition at finished product level, Economic Community, and in particular Article 28 might have adverse results for the Community's thereof, 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 appropriate Whereas, in accordance with the resolutions passed at to take into account, on the one hand, the situation of its meeting from 29 to 31 May 1967, the Council, by the Community silk yarn producing industry and, on its Regulation (EEC) No 322/70 ('), reintroduced, until the other, that of the silk yarn processing industries 31 December 1976, the 12 % autonomous duty of the with regard to their supplies on favourable terms ; Common Customs Tariff for silk yarn, other than yarn whereas a quota duty of 2-5 % could best meet the of noil or other waste silk, not put up for retail sale, abovementioned requirements ; falling within heading No ex 50.04 ; whereas the conventional duty for that product is 7 % ;

Whereas the trends in imports during 1975 suggest Whereas the aforementioned resolution further that the import requirements for the yarns in question provides for the opening, in respect of that period and might be in the region of 60 metric tons for 1 977 ; for such silk yarn, of an annual Community tariff whereas the opening of a Community tariff quota of quota with reduced or nil duty and for a re-examina­ that volume is unlikely to harm Community produc­ tion of the sectoral situation in 1976 ; whereas tion ; however, major investments have been made in Italy for raw silk, with the assistance of the State, the regions and individual persons ; whereas the Commu­ nity has made contributions to these efforts in the Whereas equal and continuous access to the quota form of supplementary aid ; whereas for yarn entirely should be ensured for all importers and the rate laid of silk it is appropriate to follow a policy analogous to down for the tariff quota should be applied consist­ that which is proposed for raw silk ; whereas, under ently to all imports of the product in question until such conditions, it is advisable to extend the system the quota is used up ; whereas a system of utilization now in force to enable a close observation to be kept of the Community tariff quota, based on an allocation on Italian production ; between the Member States concerned, would, in the light of the principles outlined above, appear consistent with the Community nature of the quota ; Whereas silk yam is produced in the Community ; whereas, to represent as closely as possible the actual whereas, although that production could cover all the market trends in the product in question , the alloca­ Community requirements by reason of its overall tion should be proportionate to the requirements of volume, this does not apply with regard to yarn the Member States calculated with reference to statis­ entirely spun from silk ; whereas there is, as a result, tical data on imports during a representative reference an insufficient supply in the Community ; period and to the economic prospects for the quota period in question ;

Whereas, consequently, Community supply for those qualities of yarn depends to a considerable extent on imports ; whereas full application of the Common Whereas the imports of the products falling within Customs Tariff duty would result in those products tariff heading No 50.04 of each of the Member States concerned during the last three years for which (') OJ No L 43 , 24. 2 . 1970, p . 5 . complete statistics are available represent the

14 . 12 . 76 Official Journal of the European Communities No L 344/ 5

following percentages of total Community imports of Whereas, since the Kingdom of Belgium , the these products : Kingdom of the Netherlands and the Grand Duchy of 1973 1974 1975 Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure Benelux 0 5 0 concerning the administration of the shares allocated Denmark 0 0 0 to that economic union may be carried out by any Germany 15-8 28 43-15 one of its members, France 17-1 17 25-16 Ireland 0 7 0-05 Italy 52-6 39 21-58 United Kingdom 14-5 4 10-06 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 approxi­ mately as follows : 1 . From 1 January to 31 December 1977 the auto­ nomous duty of the Common Customs Tariff for yarn entirely of silk, other than yarn of noil or other waste Benelux 2-0 silk, not put up for retail sale, falling within heading Denmark 2-0 No ex 50.04, shall be suspended at 2-5 % within a Germany 34-7 Community tariff quota of 60 metric tons. France 24-5 Ireland 2-0 2. Within the tariff quota, the new Member States Italy 26-6 shall apply duties calculated in accordance with the United Kingdom 8-2 relevant provisions of the Act of Accession .

Article 2 Whereas, to take account of future trends in imports of the product in question in all the Member States, 1 . A first tranche of 49 metric tons of this Commu­ the quota should be divided into two tranches, the first being distributed among the Member States and nity tariff quota shall be allocated among the Member the second to form a reserve intended to cover any States . Member States' shares, which subject to Article subsequent requirements of Member States who have 5 shall be valid until 31 December 1977, shall be as follows : used up their initial shares ; whereas, in order to ensure a certain degree of security for importers of (in metric tons) each Member State, the first tranche should be fixed Benelux 1 at 82 % of the total quota ; Denmark 1 Germany 17 France 12 Whereas the initial shares may be used up at different Ireland 1 rates ; whereas, to provide for this eventuality and to Italy 13 avoid disruption of. supplies, any Member State which United Kingdom 4 hasT almost used uf> its initial share should draw an additional share from the reserve ; whereas this should 2 . The second tranche of 1 1 metric tons shall be done by each Member State when each of its addi­ constitute the reserve . tional shares has been almost used up, and so on as many times as the reserve allows ; whereas the initial and additional shares should be valid until the end of Article 3 the quota period ; whereas this form of administration requires close collaboration between Member States 1 . If 90 % or more of a Member State s initial share and the Commission, which latter must, in particular, as fixed in Article 2 ( 1 ), or of that share minus any be able to keep a record of the extent to which the portion returned to the reserve where Article 5 has quota has been used up and to inform the Member been applied, has been used up, that Member State States accordingly ; shall forthwith , by notifying the Commission, draw a second share, to the extent that the reserve so permits, equal to 10 % of its initial share, rounded up as neces­ Whereas if, at a given date in the quota period, a sary to the next whole number. considerable quantity of the initial share is left over in a Member State, it is essential that that Member State 2 . If, after its initial share has been used up, 90 % should return a significant proportion to the reserve, or more of the second share drawn by a Member State so as to avoid a part of the quota remaining unused in has been used up , that Member State shall forthwith , one Member State when it could be used in others ; in the manner and to the extent provided in para­

No L 344/ 6 Official Journal of the European Communities 14. 12. 76

graph 1 , draw a third share equal to 5 % of its initial It shall inform the Member States, not later than 5 share . October 1977, of the amount still in reserve after amounts have been returned thereto pursuant to 3. If, after its second share has been used up, 90 % Article 5 . or more of the third share drawn by a Member State has been used up, that Member State shall forthwith, It shall ensure that the drawing which exhausts the in accordance with the same conditions, draw a fourth reserve does not exceed the balance available and to share equal to the third. this end, shall notify the amount of that balance to the Member State making the last drawing. This procedure shall apply until the reserve is used up . Article 7 4. By way of derogation from paragraphs 1 , 2 and 1 . Member States shall take all appropriate 3, Member States may draw lesser shares than those measures to ensure that additional shares drawn specified therein if there are grounds for believing pursuant to Article 3 are opened in such a way that that those specified may not be used in full . They shall inform the Commission of their reasons for imports may be charged without interruption against their aggregate shares of the Community quota. applying this paragraph . 2. Member States shall ensure that importers of the Article 4 product in question established in their territory have free access to the shares allocated to them . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977 . 3 . Member States shall charge against their shares imports of the product in question as and when the Article 5 product is entered in with the customs authorities for home use . Member States shall return to the reserve, not later than 1 October 1977, the unused portions of their 4. The extent to which a Member State has used up its share shall be determined on the basis of the initial shares which, on 15 September 1977, are in excess of 20 % of the initial amounts. They may imports charged in accordance with paragraph 3. return a greater portion if there are grounds for believing that such portion may not be used up. Article 8

Member States shall notify the Commission, not later At the Commission s request, Member States shall than 1 October 1977, of the total quantities of silk inform it of the imports actually charged against their yarn imported up to and including 15 September shares . 1977 and charged against the Community quota and of any portion of their industrial shares returned to Article 9 the reserve . Member States and the Commission shall cooperate Article 6 closely to ensure that this Regulation is complied with . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 10 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve has been This Regulation shall enter into force on 1 January used up . 1977 .

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

Done at Brussels, 9 December 1976 .

For the Council

The President

P. J. J. MERTENS