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( 1 ) OJ NO L 60 , 12 . 3 . 1979 , P . 1 .

( 2 ) OJ NO L 121 , 3 . 6 . 1971 , P . 26 .

COMMISSION DECISION

OF 23 MAY 1979

AUTHORIZING THE UNITED KINGDOM NOT TO APPLY COMMUNITY TREATMENT TO YARN OF DISCONTINUOUS OR WASTE REGENERATED FIBRES , NOT PUT UP FOR RETAIL SALE , FALLING WITHIN SUBHEADING 56.05 B OF THE COMMON CUSTOMS TARIFF ( NIMEXE CODES 56.05-51 , 55 , 61 , 65 , 71 , 75 , 81 , 85 , 91 , 95 , 99 ) ( CATEGORY 23 ), ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES

( ONLY THE ENGLISH TEXT IS AUTHENTIC )

( 79/585/EEC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR THE FIRST PARAGRAPH OF ARTICLE 115 THEREOF ,

HAVING REGARD TO THE APPLICATION UNDER THE FIRST PARAGRAPH OF ARTICLE 115 OF THE TREATY , MADE ON 18 MAY 1979 BY THE UNITED KINGDOM GOVERNMENT TO THE COMMISSION OF THE EUROPEAN COMMUNITIES , FOR AUTHORIZATION NOT TO APPLY COMMUNITY TREATMENT TO YARN OF DISCONTINUOUS OR WASTE REGENERATED FIBRES , NOT PUT UP FOR RETAIL SALE , FALLING WITHIN SUBHEADING 56.05 B OF THE COMMON CUSTOMS TARIFF ( NIMEXE CODES 56.05-51 , 55 , 61 , 65 , 71 , 75 , 81 , 85 , 91 , 95 , 99 ) ( CATEGORY 23 ), ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES ,

WHEREAS IN THE UNITED KINGDOM THE IMPORTATION OF THE PRODUCTS IN QUESTION ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC IS , IN ACCORDANCE WITH COUNCIL DECISION 79/252/EEC OF 21 DECEMBER 1978 ( 1 ), SUBJECT TO A QUANTITATIVE RESTRICTION ;

WHEREAS THE DISPARITIES WHICH EXIST IN THE COMMERCIAL POLICY MEASURES APPLIED IN CONNECTION WITH THESE PRODUCTS BY THE MEMBER STATES ARE CAUSING DEFLECTION OF TRADE , THEREBY PREVENTING THE EXECUTION OF THOSE COMMERCIAL POLICY MEASURES WHICH ARE IN FORCE BECAUSE OF THE DIFFICULT ECONOMIC SITUATION IN THE SECTOR CONCERNED ;

WHEREAS IT APPEARS FROM THE APPLICATION SUBMITTED THAT THERE ARE SERIOUS DIFFICULTIES IN THE INDUSTRIAL SECTOR CONCERNED , INVOLVING A CONSIDERABLE DROP IN PRODUCTION AND EMPLOYMENT AND A PROGRESSIVE DECLINE IN ITS MARKET SHARE ;

WHEREAS THESE ECONOMIC DIFFICULTIES ARE CAUSED LARGELY BY UNEQUAL CONDITIONS OF COMPETITION , WHICH ALLOW EXPORTS TO BE MADE AT PRICES APPRECIABLY LOWER THAN THOSE OF THE COMMUNITY PRODUCTS IN QUESTION ;

WHEREAS , ALTHOUGH THE IMPORTS WHICH GAVE RISE TO THE APPLICATION SUBMITTED WOULD APPEAR TO BE AN ISOLATED OPERATION , THEY ARE NEVERTHELESS LIKELY , IN VIEW OF THE SUBSTANTIAL VOLUME OF THE IMPORTS , TO AGGRAVATE THESE DIFFICULTIES ;

WHEREAS IT IS NOT POSSIBLE TO SET IN MOTION RAPIDLY THE MACHINERY FOR BRINGING ABOUT THE NECESSARY COOPERATION FROM THE OTHER MEMBER STATES ;

WHEREAS AUTHORIZATION SHOULD ACCORDINGLY BE GIVEN FOR THE APPLICATION OF PROTECTIVE MEASURES UNDER THE FIRST PARAGRAPH OF ARTICLE 115 , SUBJECT TO THE CONDITIONS LAID DOWN IN COMMISSION DECISION 71/202/EEC OF 12 MAY 1971 ( 2 ), AND IN PARTICULAR ARTICLE 1 THEREOF ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

THE UNITED KINGDOM IS AUTHORIZED NOT TO APPLY COMMUNITY TREATMENT TO THE PRODUCTS INDICATED BELOW , WHERE THEY ORIGINATE IN THE GERMAN DEMOCRATIC REPUBLIC AND ARE IN FREE CIRCULATION IN THE OTHER MEMBER STATES AND IN RESPECT OF WHICH APPLICATIONS FOR IMPORT LICENCES WERE LODGED AFTER 9 MAY 1979 AND ARE , AT THE DATE OF THIS DECISION , PENDING WITH THE UNITED KINGDOM AUTHORITIES :

// //

CCT HEADING NO // DESCRIPTION //

//

56.06 B // YARN OF DISCONTINUOUS OR WASTE //

( NIMEXE CODES // REGENERATED FIBRES , NOT PUT UP FOR //

56.05-51 , 55 , 61 , 65 , // RETAIL SALE //

71 , 75 , 81 , 85 , 91 , 95 //

99 ) //

( CATEGORY 23 ) //

ARTICLE 2

THIS DECISION IS ADDRESSED TO THE UNITED KINGDOM .

DONE AT BRUSSELS , 23 MAY 1979 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT