CELEX: 31978D0423
Language: en
Date: 1978-04-21 00:00:00
Title: Commission Decision of 21 April 1978 authorizing the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands not to apply Community treatment to women's, girls' and infants' woven overcoats, raincoats and other coats, cloaks and capes, jackets and blazers (other than coats of impregnated, coated or covered or laminated woven fabric, falling within heading No 59.08, 59.11 or 59.12) of wool, of cotton or of man-made textile fibres, falling within subheading ex 61.02 B of the Common Customs Tariff, originating in Hong Kong and in free circulation in the other Member States

11 . 5. 78                        Official Journal of the European Communities                           No L 123/29
                                            COMMISSION DECISION
                                                  of 21 April 1978
              authorizing the Kingdom of Belgium, the Grand Duchy of Luxembourg and the
              Kingdom of the Netherlands not to apply Community treatment to women's,
              girls' and infants' woven overcoats, raincoats and other coats, cloaks and capes,
              jackets and blazers (other than coats of impregnated, coated or covered or lami­
              nated woven fabric, falling within heading No 59.08 , 59.11 or 59.12) of wool, of
              cotton or of man-made textile fibres, falling within subheading ex 61.02 B of the
              Common Customs Tariff, originating in Hong Kong and in free circulation in
                                             the other Member States
                                  (Only the French and Dutch texts are authentic)
                                                     (78/423/EEC)
THE COMMISSION OF THE EUROPEAN                                Whereas according to the application submitted there
COMMUNITIES,                                                  are   serious  difficulties   in   the industrial sector
                                                              concerned, involving a considerable drop in produc­
                                                              tion and employment and a progressive decline in its
Having regard to the Treaty establishing the European         market share ;
Economic Community, and in particular the first para­
graph of Article 115 thereof,                                 Whereas these economic difficulties are caused largely
                                                              by unequal conditions of competition, whereby
                                                              exports can be effected at prices appreciably lower
Having regard to the application under the first para­        than those of the Community products in question ;
graph of Article 115 of the Treaty, made on 14 April
 1978 by the Benelux Governments to the Commis­               Whereas further indirect imports, in addition to those
sion of the European Communities, for authorization           already effected, would be likely to aggravate these
not to apply Community treatment to women's, girls'           difficulties,
and infants' woven overcoats, raincoats and other
coats, cloaks and capes, jackets and blazers (other than
coats of impregnated, coated or covered or laminated          Whereas it is not possible to set in motion rapidly the
woven fabric, falling within heading No 59.08, 59.11          machinery for bringing about the necessary coopera­
                                                              tion from the other Member States ;
or 59.12) of wool, of cotton or of man-made textile
fibres, falling within subheading ex 61.02 B of the
Common Customs Tariff, originating in Hong Kong               Whereas authorization should accordingly be given
and in free circulation in the other Member States,           for the application of protective measures under the
                                                              first paragraph of Article 115, subject to the condi­
                                                              tions specified in the Commission Decision of 12
Whereas the importation into the Community of the             May 1971 (*), and in particular Article 1 thereof,
products in question originating in Hong Kong is
covered by an Agreement negotiated between the
Community and that country ;
                                                              HAS ADOPTED THIS DECISION :
Whereas under that Agreement Hong Kong has
undertaken to take all necessary steps to limit its
exports of the products in question to the Community                                   Article 1
to certain ceilings allocated among the Member
States :
                                                              The Kingdom of Belgium, the Grand Duchy of
                                                              Luxembourg and the Kingdom of the Netherlands are
                                                              authorized not to apply Community treatment to the
Whereas it was not possible on that occasion to allo­         products indicated below, where they originate in
cate these ceilings on the basis of the needs of the          Hong Kong and are in free circulation in the other
individual markets ; whereas for that reason disparities      Member States, and in respect of which applications
 persist between the import conditions in the various         for import licences were lodged after 4 April 1978 :
Member States ; whereas uniformity can be achieved
only progressively ;                                          (>) OJ No L 121 , 3. 6. 1971 , p. 26.
 ---pagebreak--- No L 423/30                          Official Journal of the European Communities                        11 . 5. 78
      CCT
                                                               Kong or until 31 December 1978 whichever is the
                                                               earlier.
     heading                     Description
       No
                                                                                    Article 3
ex 61.02 B      Women's, girls' and infants' woven over­
                coats, raincoats and other coats, cloaks and   This Decision is addressed to the Kingdom of
                capes, jackets and blazers (other than coats   Belgium, the Grand Duchy of Luxembourg and the
                of impregnated, coated or covered or lami­     Kingdom of the Netherlands.
                 nated woven fabric, falling within heading
                 No 59.08, 59.11 or 59.12) of wool, of
                cotton or of man-made textile fibres           Done at Brussels, 21 April 1978 .
                                                                                      For the Commission
                        Article 2
                                                                                        Antonio GIOLITTI
This Decision shall apply until new opportunities
arise for the importation of these products from Hong                              Member of the Commission