CELEX: 31976D0408
Language: en
Date: 1975-11-24 00:00:00
Title: Commission Decision of 24 November 1975 authorizing the Federal Republic of Germany not to apply Community treatment to jerseys, pullovers, slip-overs, twinsets, cardigans, bed-jackets and jumpers, falling within heading No ex 60.05 of the Common Customs Tariff, originating in the Republic of Korea and in free circulation in the Benelux countries

23 . 4. 76                             Official Journal of the European Communities                          No L 106/33
                                                                II
                                           (Acts whose publication is not obligatory)
                                                   COMMISSION
                                                  COMMISSION DECISION
                                                     of 24 November 1975
               authorizing the Federal Republic of Germany not to apply Community treat­
               ment to jerseys, pullovers, slip-overs, twinsets, cardigans, bed-jackets and
               jumpers, falling within heading No ex 60.05 of the Common Customs Tariff,
               originating in the Republic of Korea and in free circulation in the Benelux coun­
                                                              tries
                                               (Only the German text is authentic)
                                                          (76/408/EEC)
THE COMMISSION OF THE EUROPEAN                                      Whereas this amount is administered by allocation
 COMMUNITIES,                                                       among the Member States ; whereas the quota shares
                                                                    allocated to the Federal Republic of Germany and the
 Having regard to the Treaty establishing the European              Netherlands are 1 293 550 and 2 669 030 items respec­
 Economic Community, and in particular the first para­              tively ;
graph of Article 115 thereof,
 Having regard to the application under the first para­             Whereas, since it was not possible to achieve full align­
graph of Article 115 of the Treaty, made on 18                      ment of the import arrangements previously applied
 November 1975 by the Government of the Federal                     in the Member States, the above Regulation (EEC) No
 Republic of Germany to the Commission by telex                     2138 /75 provides, as a temporary measure, for a dero­
 from the office of its Permanent Representative to the             gation from the principle of equal and continuous
 European Communities, for authorization not to apply               access for all Community importers to the amounts
Community treatment to imports of jerseys, pullovers,               authorized by stipulating that the amount of the
slip-overs, twinsets, cardigans, bed-jackets and the like,          products in question be allocated on the basis of the
 falling within heading No ex 60.05 of the Common                   volume of imports previously admitted into the
 Customs Tariff, originating in the Republic of Korea               various Member States and be adjusted only progres­
and in free circulation in the Benelux countries, and               sively to the supply requirements of the markets ;
specifically the Netherlands,
Whereas the Commission, by Regulation (EEC) No                      Whereas for this reason the allocation of the amount
 2138/75 of 14 August 1975 regarding certain urgent                 in question still involves certain disparities in the
 measures concerning imports of certain textile                     quota shares fixed for the various Member States in
 products originating in the Republic of Korea ('), esta­           relation to the supply requirements of the markets
blished by Council Regulation (EEC) No 2418/75 of                   concerned ;
22 September 1 975 (2), limited to a total of 8 910 020
items, imports into the Community of the products in
question from the date of entry into force of the Regu­             Whereas these disparities have caused in the Federal
lation until 31 December 1975 inclusive ;                           Republic of Germany a flow of imports of the
                                                                    products in question , originating in the Republic of
(») OJ No L 217, 15. 8 . 1975, p . 31 .                             Korea and in free circulation in the Netherlands,
(2) OJ No L 248 , 24. 9 . 1975, p . 1 .                             which threatens to continue and to grow ;
 ---pagebreak--- No L 106/34                              Official Journal of the European Communities                                   23 . 4. 76
Whereas there are serious economic difficulties in the
                                                                          CCT
Federal Republic of Germany in the sector that manu­                     heading                  Description of goods
factures the products in question resulting in a                           No
progressive decline of production and a constant
reduction of the number of workers employed in that                ex 60.05         Outer garments and clothing accessories,
sector ;                                                                            knitted or crocheted, not elastic or rubber­
                                                                                    ized :
Whereas these economic difficulties are caused largely
by unequal conditions of competition with certain                                   Pullovers, jerseys, slip-overs, twinsets, cardi­
countries (including the Republic of Korea), whereby                                gans, bed-jackets and jumpers
such countries are enabled to export at prices lower
than those of German producers ;                                   where they originate in the Republic of Korea and are
                                                                   in free circulation in the Benelux countries, and in
Whereas the indirect imports in question, which                     respect of which applications for import licences were
would be in addition to those already effected, would               lodged after 5 November 1975.
be likely to aggravate these economic difficulties ;
Whereas it is not possible at the present time to set in                                    Article 2
motion the machinery for bringing about the neces­                 This Decision shall apply until new opportunities
sary cooperation from the Netherlands and the other                 arise in the Federal Republic of Germany for the
Benelux countries ;
                                                                    importation of the products in question from the
Whereas authorization should accordingly be given,                  Republic of Korea and in any case not later than 31
for a limited period, for the application of protective             December 1975 .
measures, under the first paragraph of Article 1 1 5,
subject to the conditions laid down by the Commis­                                          Article 3
sion Decision of 12 May 1971 (*), and in particular
Article 1 thereof,
                                                                   This Decision is addressed to the Federal Republic of
                                                                    Germany.
HAS ADOPTED THIS DECISION :
                                                                    Done at Brussels, 24 November 1975 .
                           Article 1                                                           For the Commission
The Federal Republic of Germany is authorized not to                                             Finn GUNDELACH
apply Community treatment to imports of the
following products :                                                                       Member of the Commission
(') OJ No L 121 , 3 . 6 . 1971 , p. 26 .