CELEX: 31978D0395
Language: en
Date: 1978-04-10 00:00:00
Title: Commission Decision of 10 April 1978 authorizing the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands not to apply Community treatment to unworked drawn or blown glass (including flashed glass), falling within heading No ex 70.05 of the Common Customs Tariff, originating in the USSR and in free circulation in the other Member States

25 . 4 . 78                          Official Journal of the European Communities                                   No L 112/33
                                                COMMISSION DECISION
                                                     of 10 April 1978
                authorizing the Kingdom of Belgium , the Grand Duchy of Luxembourg and the
                Kingdom of the Netherlands not to apply Community treatment to unworked
                drawn or blown glass (including flashed glass), falling within heading No ex
                70.05 of the Common Customs Tariff, originating in the USSR and in free circu­
                                           lation in the other Member States
                                     (Only the French and Dutch texts are authentic)
                                                        (78 /395/ EEC)
THE COMMISSION OF THE EUROPEAN                                     Whereas it is not possible to set in motion rapidly the
COMMUNITIES,                                                       machinery for bringing about the necessary coopera­
                                                                   tion from the other Member States ;
Having regard to the Treaty establishing the European
Economic Community, and in particular the first para­              Whereas authorization should accordingly be given
graph of Article 1 1 5 thereof,                                    for the application of protective measures under the
                                                                   first paragraph of Article 1 1 5, subject to the condi­
                                                                   tions specified in the Commission Decision of 12
Having regard to the application under the first para­             May 1971 (2 ) and in particular Article 1 thereof ;
graph of Article 115 of the Treaty, made on 6 April
1978 by the Benelux Governments to the Commis­                     Whereas, however, the request for a licence which
sion of the European Communities, for authorization                gave rise to the application in question does not need
not to apply Community treatment to unworked                       to be covered by such an authorization in view of the
drawn or blown glass (including flashed glass), falling            small amount involved ,
within heading No ex 70.05 of the Common Customs
Tariff, originating in the USSR and in free circulation
in the other Member States,
                                                                   HAS ADOPTED THIS DECISION :
Whereas in the Benelux countries the importation of
the products in question originating in the USSR is in
accordance       with    the   Council   Decision    of   20                                  Article 1
December 1 977 ( ') ;
                                                                   The Kingdom of Belgium , the Grand Duchy of
Whereas disparities in the commercial policy                       Luxembourg and the Kingdom of the Netherlands are
measures applied in connection with these products                 authorized not to apply Community treatment to the
by the Member States are giving rise to deflection of              products indicated below, where they originate in the
                                                                   USSR and are in free circulation in the other Member
trade, thus preventing the execution of those commer­
cial policy measures, which are in force because of the            States, and in respect of which applications for import
difficult economic situation in the sector concerned ;             licences were lodged after 5 April 1978 :
                                                                           CCT
Whereas according to the application submitted there                      heading                       Description
                                                                            No
are     serious   difficulties  in  the   industrial  sector
concerned, involving a considerable drop in produc­
tion and employment ;                                              ex 70.05           Unworked drawn or blown glass (including
                                                                                      flashed glass)
Whereas these economic difficulties are caused largely
by unequal conditions of competition , whereby
exports can be effected at prices appreciably lower                                            Article 2
than those of the Community products in question ;
                                                                   Thsis Decision shall apply until new opportunities
Whereas further indirect imports, in addition to those             arise for the importation of these products from the
already effected, would be likely to aggravate these               USSR or until 31 December 1978 , whichever is the
difficulties ;                                                     earlier .
(') OJ No L 357, 31 . 12 . 1977 .                                  ( 2 ) OJ No L 121 , 3 . 6. 197 !, p. 26 .
 ---pagebreak--- No L 112/34                  Official Journal of the European Communities                       25 . 4. 78
                   Article 3                            Done at Brussels, 10 April 1978 .
                                                                               For the Commission
This Decision is addressed to the Kingdom of                                 Christopher TUGENDHAT
Belgium, the Grand Duchy of Luxembourg and the
Kingdom of the Netherlands.                                                 Member of the Commission