CELEX: 31976D0666
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 scrapers, falling within subheading 84.23 A ex I of the Common Customs Tariff, originating in the United States, the Republic of South Africa, Australia and Japan and in free circulation in the other Member States

No L 227 / 22                    Official Journal of the European Communities                                  19 . 8 . 76
                                            COMMISSION DECISION
                                                  of 14 June 1976
              authorizing the Italian Republic not to apply Community treatment to used
              scrapers, falling within subheading 84.23 A ex I of the Common Customs Tariff,
              originating in the United States, the Republic of South Africa , Australia and
                          Japan and in free circulation in the other Member States
                                          (Only the Italian text is authentic)
                                                     (76/666/ 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 2 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 to the European Communities, for authorization
not to apply Community treatment to certain used
scrapers falling within subheading 84.23 A ex I of the          HAS ADOPTED THIS DECISION :
Common Customs Tariff, originating in the United
States, the Republic of South Africa, Australia and                                       Article 1
Japan , and in free circulation in the other Member
States,                                                        The Italian Republic is authorized not to apply
                                                                Community treatment to used scrapers, falling within
Whereas Italy places restrictions on imports of                subheading 84.23 A ex I of the Common Customs
products falling within Chapter 84 of the Common               Tariff, where they originate in the United States, the
Customs Tariff originating in and coming from third             Republic of South Africa, Australia and Japan and are
countries, where they are used or are new but in poor           in free circulation in the other Member States , and in
condition ;                                                     respect of which applications for import licences were
                                                                lodged after 24 May 1976 and are, on the date of this
Whereas, because of the difficult situation faced by            Decision , pending before the Italian authorities .
the corresponding domestic industry caused largely by
a drop in demand , Italy allows imports of the products                                   Article 2
in question only in exceptional cases ;
                                                               This authorization shall not apply to import transac­
Whereas in all the other Member States imports of the          tions, in respect of which the importer furnishes proof
products in question from all third countries are liber­       that the products in question have been in free circula­
alized ;                                                       tion in new condition in the other Member States .
Whereas differences in the commercial policy
                                                                                          Article 3
measures applied by Italy and the other Member
States are likely to give rise to deflection of trade ;        This Decision is addressed to the Italian Republic .
Whereas this deflection of trade could prevent the
execution    of  the   abovementioned      measures    of
                                                               Done at Brussels, 14 June 1976 .
commercial policy currently being applied by Italy as
regards third countries ;                                                                   For the Commission
Whereas it is not possible at the present time to set in                                     Christopher SOAMES
motion the machinery for bringing about the neces­
sary cooperation from the other Member States ;                                                  Vice-President
                                                               (') OJ No L 121 , 3 . 6 . 1971 , p . 26 .