CELEX: 31978R2039
Language: en
Date: 1978-08-25 00:00:00
Title: Commission Regulation (EEC) No 2039/78 of 25 August 1978 making the importation into the United Kingdom of certain garments originating in certain third countries subject to authorization

30 . 8 . 78                               Official Journal of the European Communities                                No L 238 / 7
                                    COMMISSION REGULATION ( EEC) No 2039/78
                                                           of 25 August 1978
               making the importation into the United Kingdom of certain garments origi­
                              nating in certain third countries subject to authorization
 THE COMMISSION OF THE EUROPEAN                                          Whereas, in view of the market disruption referred to
 COMMUNITIES ,                                                           above, the Community has applied the procedures
                                                                         provided for in the said Agreement, which allow
 Having regard to the Treaty establishing the European                   appropriate safeguard measures to be taken in order to
 Economic Community,                                                     limit imports of the products in question into the
 Having regard to Council Regulation (EEC) No                            United Kingdom , account being taken of the trend of
  1439/74 of 4 June 1974 on common rules for                             imports ;
 imports ('), and in particular Article 12 thereof,
                                                                         Whereas, in particular, under the Agreement negoti­
 After consultation within the Advisory Committee set                    ated by the Community with the Philippines in pursu­
 up under Article 5 of the said Regulation ,                             ance of the Arrangement regarding international trade
                                                                         in - textiles, compliance with the quantitative export
 Whereas imports of men 's and women 's trousers                         limits set or to be set by virtue of the said Agreement
 (heading Nos ex 61.01 and ex 61.02) from all third                      is ensured by an agreed system of double checking ;
 countries accounted in 1977 for a considerable share
                                                                         whereas effectiveness depends on the establishment of
 of the Community market ; whereas in the case of the                    a system of control by the Community ; whereas, in
 United Kingdom this share has since increased                           order to establish such a system , it is therefore neces­
 further ;
                                                                         sary to make imports of the goods in question from
 Whereas quantitative limits have already been set for                   the Philippines subject to authorization ;
 the products in question in accordance with the provi­
                                                                         Whereas, in order to ensure that the import authoriza­
 sions of the Arrangement regarding international
                                                                         tion arrangements referred to above are not evaded by
 trade in textiles and of bilateral Agreements negoti­
                                                                         anticipatory exports or indirect imports liable to cause
 ated between the Community and certain supplier
                                                                         injury to Community manufacturers which would be
 countries ;
                                                                         difficult to remedy, it is necessary to establish the said
 Whereas imports into the United Kingdom of the                          arrangements as soon as possible,
 textile products concerned (men 's and women 's
 trousers) originating in the Philippines have increased
 sharply and substantially in the past few months ;                      HAS ADOPTED THIS REGULATION :
 Whereas all these factors have given rise to disruption
 of the United Kingdom market and are causing                                                     Article 1
 serious injury to Community manufacturers ;
                                                                         The importation into the United Kingdom of the
 Whereas, in pursuance of the Arrangement regarding                      goods indicated below, originating in the Republic of
 international trade in textiles, the Community has                      the Philippines and exported from that country
 negotiated an Agreement on trade in textiles with the                   during 1978 , is hereby made subject to the production
 Philippines ; whereas the said Agreement contains                       of an import authorization issued by the United
 specific provision for recourse to safeguard measures ;                 Kingdom authorities :
                 CCT
                                                                                                                       Quantitative
                                  NIMEXE code                                                                           limit from
     Category  heading                                                           Description
                                      ( 1 978 )                                                                            1 . 1 . to
                  No
                                                                                                                       ? l. 12 . I97X
        6       61.01        61.01-62 to 68 ,          Men's and boys' woven breeches, shorts and trousers
                                   72 to 76            (including slacks) ; women's, girls' and infants' woven
                                                       trousers and slacks                                           172 000 pairs
                61.02        61.02-66 to 72
( i ) OJ No L 159, 15 . 6 . 1974, p. 1 .
 ---pagebreak--- No L 238 / 8                         Official Journal of the European Communities                             30 . 8 . 78
                         Article 2                             2.     Notwithstanding the provisions of paragraph 1 ,
                                                               import authorizations shall be issued automatically
 1.    Import authorizations shall be issued automati­         and without delay upon presentation of a bill of
cally and without delay, subject to the maximum speci­         lading proving that the goods in question were placed
fied above, upon presentation of the export docu­              on board in the Republic of the Philippines for export
ments agreed under the Agreement on trade in                   to the United Kingdom before the date of entry into
textiles negotiated with the Republic of the Philip­           force of this Regulation .
pines and set out in Annex C to Regulation ( EEC) No
                                                                                         Article 3
3019/77 of 30 December 1977 making the importa­
tion into the Community of textile products origi­
nating in certain third countries subject to authoriza­         1.    This Regulation shall enter into force on the
tion and quantitative limitation (').                          second day following its publication in the Official
                                                                Journal of the European Communities.
Imports effected between 1 January 1978 and the date
of entry into force of this Regulation shall be                2.     It shall apply until 31 December 1978 , subject to
deducted from the said quantity where the goods in             the adoption of a Council Regulation in accordance
question were exported from the third country                  with Articles 12 (6) and 13 of Regulation (EEC) No
concerned during that period .                                  1439 / 74 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 August 1978 .
                                                                            For the Commission
                                                                            fitienne DAVIGNON
                                                                     Member of the Commission
(') OJ No L 357, 31 . 12. 1977, p. 1 .