CELEX: 31978D0535
Language: en
Date: 1978-06-08 00:00:00
Title: Commission Decision of 8 June 1978 authorizing the Italian Republic not to apply Community treatment to orange juice, falling within subheading ex 20.07 B II of the Common Customs Tariff, originating in Brazil and in free circulation in the other Member States

20 . 6 . 78                      Official Journal of the European Communities                                  No L 163/ 19
                                            COMMISSION DECISION
                                                   of 8 June 1978
              authorizing the Italian Republic not to apply Community treatment to orange
              juice, falling within subheading ex 20.07 B II of the Common Customs Tariff,
                  originating in Brazil and in free circulation in the other Member States
                                          (Only the Italian text is authentic)
                                                     (78 /535/ EEC)
THE COMMISSION OF THE EUROPEAN                                   Whereas it is not possible to set in motion rapidly the
COMMUNITIES ,                                                    machinery for bringing about the necessary coopera­
                                                                 tion from the other Member States ;
Having regard to the Treaty establishing the European
Economic Community, and in particular the first para­            Whereas authorization should accordingly be given
graph of Article 1 1 5 thereof,                                  for the application of protective measures under the
                                                                 first paragraph of Article 115 , subject to the condi­
Having regard to the application under the first para­           tions specified in the Commission Decision of 12
graph of Article 115 of the Treaty, made on 5 June               May 1971 (') and in particular Article 1 thereof,
 1978 by the Italian Government to the Commission
of the European Communities, for authorization not
to apply Community treatment to orange juice, falling            HAS ADOPTED THIS DECISION :
within subheading ex 20.07 B II of the Common
Customs Tariff, originating in Brazil and in free circu­                                   Article 1
lation in the other Member States,
                                                                The Italian Republic is authorized not to apply
Whereas in Italy the importation of the products in              Community treatment to the products indicated
question originating in Brazil is prohibited ;                   below, where they originate in Brazil and are in free
                                                                circulation in the other Member States, and in respect
Whereas disparities in the commercial policy                    of which applications for import licences were lodged
measures applied in connection with these products               after 28 May 1978 and are, on the date of this Deci­
by the Member States are giving rise to deflection of           sion pending with the Italian authorities :
trade, thus preventing the execution of those commer­
cial policy measures, which are in force because of the
                                                                       CCT
difficult economic situation in the sector concerned ;
                                                                      heading                       Description
                                                                        No
Whereas, according to the application submitted,
there are serious difficulties in the industrial sector
concerned, involving a considerable drop in produc­             ex 20.07 B II    Orange juice
tion and employment and a progressive decline in its
market share ;
                                                                                           Article 2
Whereas these economic difficulties are caused largely
by unequal conditions of competition , whereby                  This Decision is addressed to the Italian Republic .
exports can be effected at prices appreciably lower
than those of the Community products in question ;              Done at Brussels, 8 June 1978 .
Whereas, although the imports which gave rise to the
                                                                                             For the Commission
application submitted would appear to be an isolated
operation , they are nevertheless likely, owing to the                                       Wilhelm HAFERKAMP
appreciable amount of the imports, to aggravate these
difficulties,                                                                                     Vice-President
                                                                (') OJ No L 121 , 3 . 6 . 1971 , p. 26.