CELEX: 31976D0667
Language: en
Date: 1976-06-14 00:00:00
Title: Commission Decision of 14 June 1976 authorizing the Italian Republic not to apply Community treatment to used units of computers, falling within heading No ex 84.53 of the Common Customs Tariff, originating in the United States and in free circulation in the other Member States

19 . 8 . 76                       Official Journal of the European Communities                               No L 227/23
                                              COMMISSION DECISION
                                                    of 14 June 1976
              authorizing the Italian Republic not to apply Community treatment to used
              units of computers, falling within heading No ex 84.53 of the Common Customs
              Tariff, originating in the United States and in free circulation in the other
                                                    Member States
                                           (Only the Italian text is authentic )
                                                      (76/667/ EEC)
THE COMMISSION OF THE EUROPEAN                                  Whereas authorization should be given for the applica­
COMMUNITIES,                                                    tion of protective measures under the first paragraph
Having regard to the Treaty establishing the European           of Article 115, subject to the conditions laid down by
Economic Community, and in particular the first para­           the Commission Decision of 12 May 1971 ('), and in
graph of Article 115 thereof,                                   particular Article 1 thereof ;
                                                                Whereas since these protective measures are appli­
Having regard to the application under the first para­
                                                                cable to used products or new products in poor condi­
graph of Article 115 of the Treaty, made on 1 June
                                                                tion , originating in third countries, they cannot be
1976 by ' the Italian Government to the Commission
                                                                applied to products in free circulation in new condi­
by telex from the Office of its Permanent Representa­           tion in the other Member States ,
tive of the European Communities, for authorization
not to apply Community treatment to used units of
computers falling within heading No ex 84.53 of the             HAS ADOPTED THIS DECISION :
Common Customs Tariff, originating in the United
States and in free circulation in the other Member
                                                                                           Article 1
States,
                                                                The Italian Republic          is authorized not to apply
Whereas Italy places restrictions on imports of                 Community treatment          to used units of computers ;
products falling within Chapter 84 of the Common                falling within heading      No ex 84.53 of the Common
Customs Tariff originating in and coming from third             Customs Tariff, where        they originate in the United
countries where they are used or are new but in poor            States and are in free circulation in the other Member
condition ;
                                                                States, and in respect of which applications for import
Whereas, because of the difficult situation faced by            licences were lodged after 24 May 1976 and are, on
the corresponding domestic industry caused largely by           the date of this Decision , pending before the Italian
                                                                authorities .
a drop in demand, in this context, there are no oppor­
tunities for importation into Italy, 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                                             Article 3
States are likely to given rise to deflection of trade ;
                                                                This Decision is addressed to the Italian Republic.
Whereas this deflections of trade could prevent the
execution    of  the   abovementioned       measures    of
commercial policy currently being applied by Italy as           Done at Brussels, 14 June 1976 .
regards third countries ;
Whereas it is not possible at the present time to set in                                       For the Commission
motion the machinery for bringing about the neces­                                             Christopher SOAMES
sary cooperation from the Federal Republic of
Germany and the other Member States ;                                                             Vice-President
                                                                (') OJ No L 121 , 3 . 6 . 1971 , p . 26 .