31987R4095

No L 383 / 4 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4095 / 87

of 22 December 1987 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 codes ex 5004 00 10 and ex 5004 00 90 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , code numbers , should be used for the description of the products covered by this Regulation ; Having regard to the Treaty establishing the European Economic Community , and in particular Article 28 thereof, Whereas equal and continuous access to the quota should be ensured for all importers and the rate laid down for the quota Having regard to the proposal from the Commission , should be applied consistently to all imports of the product in question until the quota is used up ; whereas a system of Whereas silk yarn is produced in the Community ; whereas , utilization of the Community tariff quota based on an although from the standpoint of overall volume , production allocation among the Member States concerned would , in the might match the total of Community requirements , this does light of the principles outlined above , appear consistent with not apply with regard to yarn entirely spun from silk ; the Community nature of the quota ; whereas there is , as a result , an insufficient supply in the Community ;

Whereas , in view of these factors and of the forecasts which it Whereas , consequently , Community supplies of the latter is possible to make , the initial percentage shares of the quota qualities of yarn depend to a considerable extent on imports ; volume can be expressed approximately as follows : whereas full application of the Common Customs Tariff duty would result in those products being subjected to a considerable customs charge while products manufactured Germany 7,52 from silk yarn face powerful competition from similar Greece 1,50 products manufactured from other material ; whereas an France 7,52 insufficient supply , added to competition at finished product Italy 79,70 level , might have adverse effects on the Community's United Kingdom 3,76 processing industries ;

Whereas the customs duty applicable to imports of the silk yarn in question in 1988 is 4,9% ; whereas , when Whereas , to allow for import trends for the product in establishing the quota duty , it is appropriate to take into question in the various Member States , the quota should be account, on the one hand , the situation of the Community divided into two parts , the first being distributed among the silk yarn producing industry and , on the other, the need to Member States which are traditional importers and the provide the silk yarn processing industries with supplies on second to form a reserve intended to cover any subsequent favourable terms ; whereas a quota duty of 2,5 % could best requirements of these Member States as well as those of the meet the abovementioned requirements ; Member States which do not participate in the initial allocation ; whereas in order to ensure a certain degree of security for importers of each Member State , the first part of Whereas the trends in imports during recent years suggest the quota should in this case be set at 66,5% of the total that the import requirements for the yarns in question might quota volume ; be in the region of 200 tonnes for 1988 ; whereas the opening of a Community tariff quota of that volume is unlikely to harm Community production ; whereas , therefore , the tariff quota in question should be opened on 1 January 1988 and Whereas the initial shares may be used up at different rates ; allocated among Member States ; whereas , therefore , to avoid any break in the continuity of supplies , any Member State which has almost used up its Whereas the Community has adopted , with effect from 1 initial share should draw a supplementary share from the January 1988 , a combined nomenclature for goods which reserve ; whereas this must be done by each Member State as meets the requirements of the Common Customs Tariff and each one of its supplementary shares is almost used up , and as the nomenclature of goods for the external trade statistics of many times as the reserve allows ; whereas the initial and the Community and statistics of trade between Member supplementary shares must be valid until the end of the quota States ; whereas in order to accommodate specific period ; whereas this form of administration requires close Community rules , this nomenclature has been expanded into cooperation between the Member States and the an integrated tariff of the European Communities ( TARIC ); Commission , and the latter must be able to monitor the whereas , with effect from the abovementioned date , the extent to which the quota volume has been used up and combined nomenclature and , where appropriate , the TARIC inform the Member States accordingly ;

31 . 12 . 87 Official Journal of the European Communities No L 383 / 5

Whereas if at a given date in the quota period a considerable quota shares allocated to that economic union may be carried quantity of the initial share is left over in a Member State , it is out by any one of its members , essential that the Member State concerned should return a significant percentage thereof to the reserve so as to avoid a HAS ADOPTED THIS REGULATION : part of the Community tariff quota remaining unused in one Member State when it could be used in others ; Article 1

Whereas , since the Kingdom of Belgium , the Kingdom of the 1 . From 1 January to 31 December 1988 , the customs Netherlands and the Grand Duchy of Luxembourg are united duty applicable to imports of the following products shall be within and jointly represented by the Benelux Economic suspended at the level indicated and within the limits of a Union , any measure concerning the administration of the Community tariff quota as shown herewith :

Order No CN code Quota volume Rate of duty Description ( tonnes) ( % )*

09.2705 ex 5004 00 10 Yarn , entirely of silk , other than yarn of noil or other waste silk , not put up for retail sale 200 2,5 ex 5004 00 90

2 . Within the limits of the tariff quota referred to in share , rounded up where necessary to the next whole paragraph 1 , the Kingdom of Spain and the Portuguese number . Republic shall apply duties calculated in accordance with the relevant provisions of the 1985 Act of Accession . 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used up , that Member State shall forthwith , using the procedure Article 2 set out in paragraph 1 , draw a third share equal to 5 % of its initial share . 1 . The first part of the Community tariff quota , amounting to 133 tonnes , shall be allocated among the 3 . If, after its second share has been used up , 90% or Member States ; the shares shall , subject to Article 5 , be valid more of the third share drawn by a Member State has been until 31 December 1988 and shall be as follows : used up , that Member State shall forthwith , using the same procedure , draw a fourth share equal to the third. (tonnes) Germany 10 This process shall continue to apply until the reserve is used Greece 2 up . France 10 Italy 106 4 . By way of derogation from paragraphs 1 , 2 and 3 , United Kingdom 5 Member States may draw lower shares than those specified in those paragraphs if there are grounds for believing that those 2 . The second part of 67 tonnes shall constitute the specified may not be used up . They shall inform the reserve . Commission of their reasons for applying this paragraph .

3 . If an importer notifies an imminent importation of the product in question into a Member State not participating in the initial allocation and applies to use the quota , the Article 4 Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the Supplementary shares drawn pursuant to Article 3 shall be extent that the available balance of the reserve so permits . valid until 31 December 1988 .

Article 3 Article 5 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 1 ), or of that share less the portion Member States shall return to the reserve , not later than 1 returned to the reserve where Article 5 is applied , has been October 1988 , the unused portion of their initial share used up , that Member State shall forthwith , by notifying the which , on 15 September 1988 , is in excess of 20% of the Commission , and to the extent permitted by the amount of initial amount. They may return a larger quantity if there are the reserve , draw a second share equal to 10% of its initial grounds for believing that it might not be used in full .

No L 383 / 6 31 . 12 . 87 Official Journal of the European Communities

Member States shall notify the Commission , not later than 1 charged without interruption against their accumulated October 1988 , of the total quantities of silk yarn imported up shares of the Community quota . to and including 15 September 1988 and charged against the Community quota and of any portion of their initial share 2 . Member States shall ensure that importers of the returned to the reserve . product in question have free access to the shares allocated to them .

3 . Member States shall charge imports of the product in Article 6 question against their shares as and when the product is entered with the customs authorities for free circulation .

The Commission shall keep an account of the shares opened 4 . The extent to which a Member State has used up its by the Member States pursuant to Articles 2 and 3 and shall , share shall be determined on the basis of the imports charged as soon as it has been notified , inform each State of the extent in accordance with paragraph 3 . to which the reserve has been used up .

It shall inform the Member States , not later than 5 October Article 8 1988 , of the amount still in the reserve following any return of shares pursuant to Article 5 . At the Commission's request , Member States shall inform it of the imports actually charged against their quota shares . It shall ensure that the drawing which exhausts the reserve is limited to the balance available and to this end shall specify the amount of that balance to the Member State making the last drawing . Article 9

Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 7

Article 10 1 . Member States shall take all appropriate measures to ensure that supplementary drawings of shares pursuant to Article 3 are carried out in such a way that imports may be This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 22 December 1987 .

For the Council The President N. WILHJELM