CELEX: 31976D0669
Language: en
Date: 1976-06-21 00:00:00
Title: Commission Decision of 21 June 1976 authorizing the Italian Republic not to apply Community treatment to used straddle carriers, falling within heading No ex 87.07 of the Common Customs Tariff, originating in the United States and Japan and in free circulation in the other Member States

No L 227/ 26                      Official Journal of the European Communities                                  19 . 8 . 76
                                            COMMISSION DECISION
                                                  of 21 June 1976
                            I        #                                               '
               authorizing the Italian Republic not to apply Community treatment to used
               straddle carriers, falling within heading No ex 87.07 of the Common Customs
              Tariff, originating in the United States and Japan and in free circulation in the
                                               other Member States
                                          (Only the Italian text is authentic)
                                                    (76/669/ EEC)
THE COMMISSION OF THE EUROPEAN
                                                               of Article 115, subject to the conditions laid down by
COMMUNITIES,                                                   the Commission Decision of 12 May 1971 ('), and in
Having regard to the Treaty establishing the European          particular Article 1 thereof ;
Economic Community, and in particular the first para­          Whereas since these protective measures are appli­
graph of Article 115 thereof,                                  cable to used products or new products in poor condi­
Having regard to the application under the first para­         tion , originating in third countries, they cannot be
graph of Article 115 of the Treaty, made on 11 June            applied to products in free circulation in new condi­
1976 by the Italian Government to the Commission               tion in the other Member States,
by telex from the Office of its Permanent Representa­
tive to the European Communities, for authorization
                                                               HAS ADOPTED THIS DECISION :
not to apply Community treatment to used straddle
carriers falling within heading No ex 87.07 of the
Common Customs Tariff, originating in the United                                          Article 1
States and Japan and in free circulation in the other
Member States,                                                 The Italian Republic is authorized not to apply
                                                               Community treatment to used straddle carriers, falling
Whereas Italy places restrictions on imports of                within heading No ex 87.07 of the Common Customs
products falling within Chapter 87 of the Common               Tariff, where they originate in the United States and
Customs Tariff, originating in and coming from third           Japan and are in free circulation in the other Member
countries, where they are used or are new but in poor          States, and in respect of which applications for import
condition ;                                                    licences were lodged after 31 May 1976 and are, on
Whereas because of the difficult situation faced by the        the date of this Decision , pending before the Italian
                                                               authorities .
corresponding domestic industry caused largely by a
drop in demand , Italy allows imports of the products
in question only in exceptional cases ;                                                   Article 2
Whereas in all the other Member States imports of the          This authorization shall not apply to import transac­
products in question from all third countries are liber­       tions, in respect of which the importer furnishes proof
alized ;                                                       that the products in question have been in free circula­
                                                               tion in new condition in the other Member States .
Whereas differences in the commercial policy
measures applied by Italy and the other Member
States are likely to give rise to deflection of trade ;                                   Article 3
Whereas this deflection of trade could prevent the             This Decision is addressed to the Italian Republic.
execution    of    the abovementioned      measures   of
commercial policy currently being applied by Italy as
regards third countries ;
                                                               Done at Brussels, 21 June 1976 .
Whereas it is not possible at the present time to set in
motion the machinery for bringing about the neces­                                          For the Commission
sary cooperation from the other Member States ;
                                                                                             Christopher SOAMES
Whereas authorization should be given for the applica­
tion of protective measures under the first paragraph                                            Vice-President
                                                               (') OJ No L 121 , 3 . 6 . 1971 , p . 26 .