31976R3012

14 . 12 . 76 Official Journal of the European Communities No L 344/7

COUNCIL REGULATION ( EEC) No 3012/76 of 9 December 1976 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 ( 1977)

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

Whereas, in accordance with the resolution passed at whereas the Common Customs Tariff duty applicable its meeting from 29 to 31 May 1967, the Council, by to imports of the yarn spun from waste silk in ques­ its Regulation (EEC) No 323/70 (') reintroduced, until tion is 3-5 % ; whereas, when fixing the quota duty, it 31 December 1976, the 7 % autonomous duty of the is appropriate to take into account, on the one hand, Common Customs Tariff for yarn, spun entirely from the situation of the Community industry producing silk waste other than noil, not put up for retail sale, yarn spun from waste silk and, on the other, that of falling within heading No ex 50.05 ; whereas the the industries processing yarn spun from waste silk conventional duty for that product is 3-5 % ; with regard to their supplies on favourable terms ; whereas a quota duty of 1 % could best meet the abovementioned requirements ; Whereas the aforementioned 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, and for a re-examina­ tion of the sectoral situation in 1976 ; whereas, Whereas the trends in imports during 1975 suggest however, major investments have been made in Italy that Community import requirements for the yarns in for this purpose with the assistance of the State, the question might be in the region of 250 metric tons for regions and individual persons ; whereas the Commu­ 1977 ; whereas the opening of a Community tariff nity has made contributions to these efforts in the quota of that volume is unlikely to harm Community form of supplementary aid ; whereas for yarn spun production ; entirely from silk, it is appropriate to follow a policy analagous to that which is proposed for raw silk ; whereas under such conditions, it is advisable to extend the system now in force to enable a close obser­ vation to be kept on Italian production ; Whereas equal and continuous access to the quota should be ensured for all importers and the rate laid down for the tariff quota should be applied consist­ Whereas yarn spun from waste silk is produced in the ently to all imports of the product in question until Community ; whereas, although that production the quota is used up ; whereas a system of utilization should cover all the Community requirements by of the Community tariff quota, based on an allocation reason of its overall volume, this does not apply with between the Member States concerned, would, in the regard to yam entirely spun from waste silk ; whereas light of the principles outlined above, appear there is, as a result, an insufficient supply in the consistent with the Community nature of the quota ; Community ; whereas, to represent as closely as possible the actual market trends in the product in question , the alloca­ tion should be proportionate to the requirements of Whereas, consequently, Community supplies of those the Member States calculated with reference to statis­ qualities of yarn depend to a considerable extent on tical data on imports during a representative reference period and to the economic prospects for the quota (') OJ No L 43 , 24. 2. 1970, p. 8 . period in question ;

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Whereas the imports of the products falling within a Member State, it is essential that that Member State heading No 50.05 of each of the Member States should return a significant proportion to the reserve, concerned during the last three years for which so as to avoid a part of the quota remaining unused in complete statistics are available represent the one Member State when it could be used in others ; following percentages of total Community imports of these products : Whereas, since the Kingdom of Belgium, the 1973 1974 1975 Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented Benelux 1-5 1 . 0 by the Benelux Economic Union , any measure Denmark 0 0 0 concerning the administration of the shares allocated Germany 43-7 50 56-6 to that economic union may be carried out by any France 7-2 10 18-5 one of its members, Ireland 0 0 0 Italy 360 33 14-9 12-6 6 10 United Kingdom HAS ADOPTED THIS REGULATION : Whereas, in view of these factors and of the forecasts which it is possible to make, the initial percentage shares in the quota volume can be expressed approxi­ Article 1 mately as follows : 1 . From 1 January to 31 December 1977 the auto­ nomous duty of the Common Customs Tariff for yarn, Benelux 0-5 spun entirely from silk waste other than noil , not put Denmark 0-5 up for retail sale, falling within heading No ex 50.05, Germany 44-4 shall be suspended at 1 % within a Community tariff France 8-3 quota of 250 metric tons. Ireland 0;3 Italy 27-9 2. Within this tariff quota, the new Member States United Kingdom 1 7-9 shall apply duties calculated in accordance with the relevant provisions of the Act of Accession .

Whereas, to take account of future trends in imports of the product in question in all the Member States, Article 2 the quota should be divided into two tranches, the first being distributed among the Member States and 1 . A first tranche of 180 metric tons of this the second to form a reserve intended to cover any Community tariff quota shall be allocated among the subsequent requirements of Member States who have Member States. Member State's shares, which subject used up their initial shares ; whereas in order to to Article 5 shall be valid until 31 December 1977, ensure a certain degree of security for importers of shall be as follows : each Member State , the first tranche should be fixed (in metric tons) at 72 % 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 Ireland 1 avoid disruption of supplies, any Member State which Italy 50 has almost used up its initial share should draw an additional share from the reserve ; whereas this should United Kingdom 32 be done by each Member State when each of its addi­ 2 . The second tranche of 70 metric tons shall tional shares has been almost used up, and so on as constitute the reserve . many times as the reserve allows ; whereas the initial and additional shares shbuld be valid until the end of the quota period ; whereas this form of administration Article 3 requires close collaboration between Member States and the Commission , which latter must be able to 1 . If 90% or more of a Member States initial keep a record of the extent to which the quota has share as fixed in Article 2 ( 1 ), or of that share minus been used up and to inform the Member States accord­ any portion returned to the reserve where Article 5 ingly ; has been applied, has been used up, that Member State shall forthwith, by notifying the " Commission , draw a second share , to the extent that the reserve so Whereas if, at a given date in the quota period, a permits, equal to 10 % of its initial share, rounded up considerable quantity of the initial share is left over in as necessary to the next whole number.

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2. If, after its initial share has been used up, 90 % each State of the extent to which the reserve has been or more of the second share drawn by a Member State used up. has been used up, that Member State shall forthwith, in the manner and to the extent provided in para­ It shall inform the Member States, not later than 5 graph 1 , draw a third share equal to 5 % of its initial October 1977, of the amount still in reserve after share . amounts have been returned thereto pursuant to Article 5 . 3 . If, after its second share has been used up, 90 % or more of the third share drawn by a Member It shall ensure that the drawing which exhausts the State has been used up, that Member State shall forth­ reserve does not exceed the balance available and to with, in accordance with the same conditions, draw a this end, shall notify the amount of that balance to fourth share equal to the third. 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 imports may be charged without interruption against shall inform the Commission of their reasons for their aggregate shares of the Community quota. applying this paragraph . 2. Member States shall ensure that importers of the product in question established in their territory have free access to the shares allocated to them . Article 4 3 . Member States shall charge against their shares imports of the product in question as and when the Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977 . product is entered with the customs authorities for home use .

4 . The extent to which a Member State has used Article 5 up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Member States shall return to the reserve, not later than 1 October 1977, the unused portions of their Article 8 initial shares which, on 15 September 1977, are in excess of 20 % of the initial amounts. They may return a greater portion if there are grounds for At the Commissions request, Member States shall believing that such portion may not be used up. inform it of the imports actually charged against their shares . Member States shall notify the Commission, not later than 1 October 1977, of the total quantities of yarn from silk waste imported up to and including 15 Article 9 September 1977 and charged against the Community quota and of any portions of their initial shares returned to the reserve . Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Article 6 Article 10 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 This Regulation shall enter into force on 1 January and 3 and , as soon as it has been notified, shall inform 1977 .

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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