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

COMMISSION DECISION

OF 22 NOVEMBER 1979

AUTHORIZING THE KINGDOM OF BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG NOT TO APPLY COMMUNITY TREATMENT TO TOMATOES , FALLING WITHIN SUBHEADING 07.01 M I OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN SPAIN ( INCLUDING THE CANARY ISLANDS ) AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES

( ONLY THE FRENCH AND DUTCH TEXTS ARE AUTHENTIC )

( 79/1024/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 14 NOVEMBER 1979 BY THE GOVERNMENTS OF THE BLEU COUNTRIES TO THE COMMISSION OF THE EUROPEAN COMMUNITIES , FOR AUTHORIZATION NOT TO APPLY COMMUNITY TREATMENT TO TOMATOES , FALLING WITHIN SUBHEADING 07.01 M I OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN SPAIN ( INCLUDING THE CANARY ISLANDS ) AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES ,

WHEREAS IN THE BLEU COUNTRIES THE IMPORTATION OF THE PRODUCTS IN QUESTION ORIGINATING IN SPAIN ( INCLUDING THE CANARY ISLANDS ) IS SUBJECT TO A QUANTITATIVE RESTRICTION FOR THE PERIOD 15 MAY TO 31 DECEMBER ;

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 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 FURTHER INDIRECT IMPORTS , IN ADDITION TO THOSE ALREADY MADE WOULD BE LIKELY 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 ( 1 ), AND IN PARTICULAR ARTICLE 1 THEREOF ;

WHEREAS , HOWEVER , THE APPLICATION FOR A LICENCE WHICH GAVE RISE TO THE APPLICATION IN QUESTION DOES NOT NEED TO BE COVERED BY SUCH AN AUTHORIZATION IN VIEW OF THE AMOUNT INVOLVED ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

THE KINGDOM OF BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG ARE AUTHORIZED NOT TO APPLY COMMUNITY TREATMENT TO THE PRODUCTS INDICATED BELOW , WHERE THEY ORIGINATE IN SPAIN ( INCLUDING THE CANARY ISLANDS ) AND ARE IN FREE CIRCULATION IN THE OTHER MEMBER STATES , AND IN RESPECT OF WHICH APPLICATIONS FOR IMPORT LICENCES WERE LODGED AFTER 14 NOVEMBER 1979 :

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07.01 M I // TOMATOES //

ARTICLE 2

THIS DECISION SHALL APPLY UNTIL 31 DECEMBER 1979 .

ARTICLE 3

THIS DECISION IS ADDRESSED TO THE KINGDOM OF BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG .

DONE AT BRUSSELS , 22 NOVEMBER 1979 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION