CELEX: 31979D0418
Language: en
Date: 1979-04-09 00:00:00
Title: 79/418/EEC: Commission Decision of 9 April 1979 authorizing the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands not to apply Community treatment to unglazed setts, flags and paving, hearth and wall tiles, falling within heading Nos ex 69.07 and ex 69.08 of the Common Customs Tariff, originating in Japan and in free circulation in the other Member States

26 . 4. 79                       Official Journal of the European Communities                                 No L 104/39
                                           COMMISSION DECISION
                                                 of 9 April 1979
             authorizing the Kingdom of Belgium , the Grand Duchy of Luxembourg and the
             Kingdom of the Netherlands not to apply Community treatment to unglazed
             setts, flags and paving, hearth and wall tiles, falling within heading Nos ex 69.07
             and ex 69.08 of the Common Customs Tariff, originating in Japan and in free
                                   circulation in the other Member States
                                                      \
                                 (Only the Dutch and French texts are authentic)
                                                   (79/41 8/ EEC)
THE COMMISSION OF THE EUROPEAN                                Whereas further indirect imports, in addition to those
COMMUNITIES,                                                  already made, would be likely to aggravate these diffi­
                                                              culties and to jeopardize the effectiveness of the
                                                              commercial measures in question ;
Having regard to the Treaty establishing the European
Economic Community, and in particular the first para­         Whereas it is not possible to set in motion rapidly the
graph of Article 1 1 5 thereof,                               machinery for bringing about the necessary coopera­
                                                              tion from the other Member States ;
Having regard to the application under the first para­        Whereas authorization should accordingly be given
graph of Article 115 of the Treaty, made on 4 April           for the application of protective measures under the
1979 by the Governments of the Benelux countries to           first paragraph of Article 1 1 5, subject to the condi­
the Commission of the European Communities, for               tions laid down in Commission Decision 71 /202/ EEC
authorization not to apply Community treatment to             of 12 May 1971 ('), and in particular Article 1 thereof,
unglazed setts, flags and paving, hearth and wall tiles,
falling within heading Nos ex 69.07 and ex 69.08 of
the Common Customs Tariff, originating in Japan               HAS ADOPTED THIS DECISION :
and in free circulation in the other Member States,
                                                                                        Article 1
Whereas in the Benelux countries the importation of
the products in question originating in Japan is              The Kingdom of Belgium, the Grand Duchy of
subject to an annual quota which has already been             Luxembourg and the Kingdom of the Netherlands are
wholly taken up ;                                             authorized not to apply Community treatment to the
                                                              products indicated below, where they originate in
                                                              Japan and are in free circulation in the other Member
                                                              States, and in respect of which applications for import
Whereas the disparities which exist in the commercial         licences were lodged after 22 March 1979 :
policy measures applied in connection with these
products by the Member States are causing deflection
of trade, thereby preventing the execution of those                  CCT
commercial policy measures which are in force                       heading                       Description
                                                                      No
because of the difficult economic situation in the
sector concerned ;
                                                              ex 69.07 and      Unglazed setts, flags and paving, hearth
                                                              ex 69.08          and wall tiles
Whereas it appears from the application submitted
that there are serious difficulties in the industrial
sector concerned, involving a considerable drop in                                      Article 2
 production and employment ;
                                                              This Decision shall apply until new opportunities
                                                               arise in the Benelux countries for the importation of
Whereas these economic difficulties are caused largely         these products from Japan or until 30 June 1979,
by unequal conditions of competition , which allow            whichever is the earlier.
 exports to be made at prices appreciably lower than
 those of the Community products in question ;                 (') OJ No L 121 , 3 . 6. 1971 , p. 26.
 ---pagebreak--- No L 104/40                  Official Journal of the European Communities                        26 . 4 . 79
                   Article 3                           Done at Brussels, 9 April 19 79 .
                                                                              For the Commission
This Decision is addressed to the Kingdom of                                   Étienne DAVIGNON
Belgium, the Grand Duchy of Luxembourg and the
Kingdom of the Netherlands.                                                Member of the Commission