31977R2749
No L 318 / 14 13 . 12 . 77 Official Journal of the European Communities
COUNCIL REGULATION ( EEC) No 2749/77 of 5 December 1977 opening, allocating and providing for the 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 ( 1978 )
THE COUNCIL OF THE EUROPEAN down for the tariff quota should be applied consist COMMUNITIES, ently to all imports of the product in question until the quota is used up ; whereas a system of utilization of the Community tariff quota, based on an allocation Having regard to the Treaty establishing the European between the Member States concerned, would, in the Economic Community, and in particular Article 28 light of the principles outlined above, appear thereof, consistent with the Community nature of the quota ; whereas, to represent as closely as possible the actual market trends in the product in question, the alloca Having regard to the draft Regulation submitted by tion should be proportionate to the requirements of the Commission , the Member States calculated with reference to statis tical data on imports during a representative reference Whereas silk yarn is produced in the Community ; period and to the economic prospects for the quota whereas, although that production could cover all the period in question ; Community requirements by reason of its overall volume, this does not apply with regard to yarn entirely spun from silk ; whereas there is, as a result, an insufficient supply in the Community ;
Whereas the imports of the products falling within Whereas, consequently, Community supply for those heading No 50.04 of each of the Member States qualities of yarn depends to a considerable extent on concerned during the last three years for which imports ; whereas full application of the Common complete statistics are available represent the Customs Tariff duty would result in those products following percentages of total Community imports of being subjected to a considerable customs charge these products : while products manufactured from silk yarn face 1974 1975 1976 powerful competition from similar products manufac tured from other material ; whereas an insufficient supply, added to competition at finished product level, Benelux 5 0 0 might have adverse results for the Community's Denmark 0 0 0·7 processing industries ; 28 43·15 7·0 Germany France 17 25·16 10·4 Ireland 7 0·05 0·4 Whereas the Common Customs Tariff duty applicable Italy 39 21·58 76·0 to imports of the silk yarn in question is 7 % ; 4 1006 5·5 United Kingdom whereas, when fixing the quota duty, it is appropriate to take into account, on the one hand, the situation of the Community silk yarn producing industry and, on the other, that of the silk yarn processing industries Whereas, in view of these factors and of the forecasts with regard to their supplies on favourable terms ; which it is possible to make, the initial percentage whereas a quota duty of 2-5 % could best meet the shares in the quota volume can be expressed approxi abovementioned requirements ; mately as follows :
Whereas the trends in imports during recent years suggest that the import requirements for the yarns in question might be in the region of 60 tonnes for Benelux 2·5 1978 ; whereas the opening of a Community tariff Denmark 2·5 quota of that volume is unlikely to harm Community Germany 25·0 production ; France 30·0 Ireland 2·5 Whereas equal and continuous access to the quota Italy 27·5 should be ensured for all importers and the rate laid United Kingdom 10·0
13 . 12 . 77 Official Journal of the European Communities No L 318 / 15
Whereas, to take account of future trends in imports States. Member States shares which , subject to Article of the product in question , in the various Member 5, shall be valid until 31 December 1978 , shall be as States, the quota should be divided into two tranches, follows : the first being distributed among the Member States (tonnes) and the second to form a reserve intended to cover Benelux 1 any subsequent requirements of Member States who Denmark 1 have used up their initial shares ; whereas in order to Germany 10 ensure a certain degree of security for importers of France 12 each Member State the first tranche should be fixed at Ireland 1 67 % of the total quota ; Italy 11 4 United Kingdom Whereas the initial shares may be used up at different rates ; whereas, to provide for this eventuality and to 2 . The second tranche of 20 tonnes shall constitute avoid disruption of supplies, any Member State which the reserve . has almost used up its initial share should draw an additional share from the reserve ; whereas this should be done by each Member State when each of its addi tional shares has been almost used up, and so on as Article 3 many times as the reserve allows ; whereas the initial and additional shares should be valid until the end of the quota period ; whereas this form of administration 1 . If 90 % or more of a Member State's initial share requires close collaboration between Member States as fixed in Article 2 ( 1 ), or of that share minus any and the Commission , which latter must, in particular, portion returned to the reserve where Article 5 has be able to keep a record of the extent to which the been applied, has been used up, that Member State quota has been used up and to inform the Member shall forthwith , by notifying the Commission , draw a States accordingly ; second share, to the extent that the reserve so permits, equal to 10 % of its intial 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 graph 1 , draw a third share equal to 5 % of its initial Whereas, since the Kingdom of Belgium , the share . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure 3 . If, after its second share has been used up, 90 % concerning the administration of the shares allocated or more of the third share drawn by a Member State to that economic union may be carried out by any has been used up, that Member State shall forthwith , one of its members , in accordance with the same conditions, draw a fourth share equal to the third .
This procedure shall apply until the reserve is used HAS ADOPTED THIS REGULATION : up .
4. By way of derogation from paragraphs 1 , 2 and From 1 January to 31 December 1978 , the auto 3 , Member States may draw lesser shares than those nomous duty of the Common Customs Tariff for yarn specified therein if there are grounds for believing entirely of silk, other than yarn of noil or other waste that those specified may not be used in full . They silk, not put up for retail sale, falling within heading shall inform the Commission of their reasons for No ex 50.04, shall be suspended at 2-5 % within a applying this paragraph . Community tariff quota of 60 tonnes .
Article4¶
1 . A first tranche of 40 tonnes of this Community Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . tariff quota shall be allocated among the Member
No L 318 / 16 13 . 12 . 77 Official Journal of the European Communities
Article 5 pursuant to Article 3 are opened in such a way that imports may be charged without interruption against Member States shall return to the reserve, not later their aggregate shares of the Community quota. than 1 October 1978 , the unused portions of their initial shares which , on 15 September 1978 , are in 2. Member States shall ensure that importers of the excess of 20 % of the initial amounts. They may product in question established in their territory have return a greater portion if there are grounds for free access to the shares allocated to them . believing that such portion may not be used up. Member States shall notify the Commission, not later 3 . Member States shall charge against their shares than 1 October 1978 , of the total quantities of silk imports of the product in question as and when the product is entered with the customs authorities for yarn imported up to and including 15 September home use . 1978 and charged against the Community quota and of any portion of their initial shares returned to the reserve . 4. The extent to which a Member State has used up its share shall be determined on the basis of the Article 6 imports charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 Article 8 and 3 and, as soon as it has been notified , shall inform each State of the extent to which the reserve has been At the Commission's request, Member States shall used up. inform it of the imports actually charged against their shares . It shall inform the Member States, not later than 5 October 1978 , of the amount still in reserve after amounts have been returned thereto pursuant to Article 9 Article 5 . Member States and the Commission shall cooperate It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to closely to ensure that this Regulation is complied with . this end shall notify the amount of that balance to the Member State making the last drawing.
Article10¶
1 . Member States shall take all appropriate This Regulation shall enter into force on 1 January measures to ensure that additional shares drawn 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 5 December 1977 . For the Council The President
A. HUMBLET