31987R4096

31 . 12 . 87 Official Journal of the European Communities No L 383 / 7

COUNCIL REGULATION ( EEC ) No 4096 / 87 of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for yarn spun entirely from waste silk other than noil, not put up for retail sale , falling within codes ex 5005 00 10 and ex 5005 00 90 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , combined nomenclature and , where appropriate , the TARIC 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 Having regard to the proposal from the Commission , ensured for all importers , and the rate laid down for the quota should be applied consistently to all imports of the Whereas yarn spun from waste silk is produced in the product in question until the quota is used up ; whereas a Community; whereas , although from the standpoint of system of utilization of the Community tariff quota based on overall volume production might match the total of an allocation among the Member States concerned would , in Community requirements , this does not apply with regard to the light of the principles outlined above , appear consistent yarn spun entirely from waste silk; whereas there is , as a with the Community nature of the quota ; result , an insufficient supply in the Community;

Whereas , consequently , Community supplies of the latter qualities of yarn depend to a considerable extent on imports ; Whereas , in view of these factors and of the forecasts which it whereas full application of the customs duty would result in is possible to make , the initial percentage shares of the quota those products being subjected to a considerable customs volume can be expressed approximately as follows : charge while products manufactured from yarn of waste silk face powerful competition from similar products manufactured from other material ; whereas an insufficent Germany 10,01 Greece 0,14 supply, added to competition at finished product level , might have adverse effects on the Community's processing France 2,47 industries ; Italy 82,30 United Kingdom 5,08 Whereas the Common Customs Tariff duty applicable to imports of the yarn spun from waste silk in question is 2,9 % ; whereas , when establishing the quota duty , it is appropriate Whereas , to allow for import trends for the product in to take into account , on the one hand , the situation of the question in the various Member States , the quota should be Community industry producing yarn spun from waste silk divided into two parts , the first being distributed among the and , on the other, the need to provide the industries Member States which are traditional importers and the processing yarn spun from waste silk with supplies on second to form a reserve intended to cover any subsequent favourable terms ; whereas a zero quota duty could best meet requirements of these Member States as well as those of the the abovementioned requirements ; Member States which do not participate in the initial allocation ; whereas in order to ensure a certain degree of Whereas the trends in imports in recent years suggest that security for importers of each Member State , the first part of Community import requirements for the yarns in question the quota should be set at approximately 75 % of the total might be in the region of 1 000 tonnes for 1988 ; whereas the quota volume ; 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 allocated among Member States ; Whereas the initial shares may be used up at different rates ; whereas , therefore , to avoid any break in the continuity of Whereas the Community has adopted , with effect from 1 supplies , any Member State which has almost used up its January 1988 , a combined nomenclature for goods which initial share should draw a supplementary share from the meets the requirements of the Common Customs Tariff and reserve ; whereas this must be done by each Member State as the nomenclature of goods for the external trade statistics of each one of its supplementary shares is almost used up , and as the Community and statistics of trade between Member many times as the reserve allows ; whereas the initial and States ; whereas in order to accommodate specific supplementary shares must be valid until the end of the quota Community rules , this nomenclature has been expanded into period ; whereas this form of administration requires close an integrated tariff of the European Communities ( TARIC ); cooperation between the Member States and the whereas with effect from the abovementioned date , the Commission , and the latter must be able to monitor the

No L 383 / 8 Official Journal of the European Communities 31 . 12 . 87

extent to which the quota volume has been used up and quota shares allocated to that economic union may be carried inform the Member States accordingly ; out by any one of its members ,

Whereas if at a given date in the quota period a considerable quantity of the initial share is left over in a Member State, it is HAS ADOPTED THIS REGULATION : essential that the Member State concerned should return a significant percentage thereof to the reserve so as to avoid a 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 operation concerning the administration of the Community tariff quota as shown below:

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

09.2707 ex 5005 00 10 Yarn , spun entirely from silk waste other than noil , not ex 5005 00 90 put up for retail sale 1 000 0

2 . Within the limits of the tariff quota referred to in used up , that Member State shall forthwith , by notifying the paragraph 1 , the Kingdom of Spain and the Portuguese Commission and to the extent permitted by the amount of the Republic shall apply duties calculated in accordance with the reserve , draw a second share equal to 10 % of its initial share , Member States Act of Accession . rounded up where necessary to the next whole number.

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 Article 2 up , that Member State shall forthwith , using the procedure set out in paragraph 1 , draw a third share equal to 5 % of its 1 . The first part of the Community tariff quota , initial share . amounting to 729 tonnes , shall be allocated among the Member States ; the shares shall , subject to Article 5 , be valid 3 . If, after its second share has been used up , 90% or until 31 December 1988 and shall be as follows : more of the third share drawn by a Member State has been used up , that Member State shall forthwith , using the same (tonnes) procedure, draw a fourth share equal to the third . Germany 73 Greece 1 This process shall continue to apply until the reserve is used France 18 up . Italy 600 United Kingdom 37 4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lower shares than those specified in 2 . The second part of 271 tonnes shall constitute the those paragraphs if there are grounds for believing that those reserve . specified may not be used up . They shall inform the 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 Member State concerned shall inform the Commission and Article 4 draw an amount corresponding to its requirements to the extent that the available balance of the reserve so permits . Supplementary shares drawn pursuant to Article 3 shall be 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

31 . 12 . 87 Official Journal of the European Communities No L 383 / 9

which , on 15 September 1988 , is in excess of 20% of the Article 3 are carried out in such a way that imports may be initial amount. They may return a larger quantity if there are charged without interruption against such accumulated grounds for believing that it might not be used in full . shares of the Community quota .

Member States shall notify the Commission , not later than 1 2 . Member States shall ensure that importers of the October 1988 , of the total quantities of yarn spun entirely product in question have free access to the shares allocated to them . from waste silk imported up to and including 15 September 1988 and charged against the Community quota and of any portion of their initial share returned to the reserve . 3 . Member States shall charge imports of the product in question against their shares as and when the product is entered with the customs authorities for free circulation .

Article 6 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged The Commission shall keep an account of the shares opened in accordance with paragraph 3 . by the Member States pursuant to Articles 2 and 3 and shall , as soon as it has been notified , inform each State of the extent to which the reserve has been used up . Article 8

It shall inform the Member States , not later than 5 October At the Commission's request , Member States shall inform it 1988 , of the amount still in the reserve following any return of the imports actually charged against their quota shares . of shares pursuant to Article 5 .

It shall ensure that the drawing which exhausts the reserve is limited to the balance available and to this end shall specify Article 9 the amount of that balance to the Member State making the last drawing . 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 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