CELEX: 31970H0014
Language: en
Date: 1969-11-25 00:00:00
Title: 70/14/EEC: Recommendation of the Commission of 25 November 1969 to the Italian republic on the adjustment of the state monopoly of a commercial character on cigarette lighters (Only the Italian text is authentic)

Avis juridique important

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31970H0014

70/14/EEC: Recommendation of the Commission of 25 November 1969 to the Italian republic on the adjustment of the state monopoly of a commercial character on cigarette lighters (Only the Italian text is authentic)  

Official Journal L 006 , 09/01/1970 P. 0016 - 0018 Danish special edition: Series II Volume VI P. 0006  English special edition: Series II Volume VI P. 0006 

++++COMMISSION RECOMMENDATION  OF 25 NOVEMBER 1969  TO THE ITALIAN REPUBLIC ON THE ADJUSTMENT OF THE STATE MONOPOLY OF A COMMERCIAL CHARACTER IN MECHANICAL LIGHTERS   ( ONLY THE ITALIAN TEXT IS AUTHENTIC )   ( 70/14/EEC )  I  1 . THE ITALIAN GOVERNMENT , BY LETTER OF 24 MARCH 1959 , INFORMED THE COMMISSION THAT MECHANICAL LIGHTERS ARE IN ITALY SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 OF THE EEC TREATY .  UNDER THAT PROVISION MEMBER STATES ARE REQUIRED PROGRESSIVELY TO ADJUST STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT , WHEN THE TRANSITIONAL PERIOD HAS ENDED , NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES .  2 . ROYAL DECREE N 560 OF 11 MARCH 1923 , AND THE CONVENTION ANNEXED THERETO , ABOLISHED THE STATE MONOPOLY IN THE SALE OF MATCHES WHITCH HAD BEEN IN EXISTENCE SINCE 1916 AND INTRODUCED INSTEAD A TAX ON MANUFACTURE . AT THE SAME TIME A CONSORTIUM WAS SET UP , KNOWN AS THE CONSORZIO INDUSTRIE FIAMMIFERI ( CIF ) , TO WHICH ALL ITALIAN UNDERTAKINGS WHICH PRODUCED MATCHES WERE REQUIRED TO BELONG AND WHICH WAS GRANTED THE MONOPOLY IN THE MANUFACTURE AND SALE OF MATCHES IN ITALY AND ENTRUSTED WITH THE TASK OF ENSURING THAT THE TAX ON THE MANUFACTURE OF MATCHES WAS PAID TO THE STATE . FOR ITS PART , THE STATE UNDERTOOK TO FIX THE SALE PRICE TO THE PUBLIC OF MECHANICAL LIGHTERS AND LIGHTER FLINTS AT A LEVEL SUFFICIENTLY HIGH TO AVOID ANY COMPETITION WITH THE SALE OF MATCHES ( ARTICLE 9 OF THE ABOVERMENTIONED CONVENTION BETWEEN THE STATE AND THE CIF ) . IT ALSO UNDERTOOK FOR THE DURATION OF THE CONVENTION NOT TO AUTHORIZE THE SETTING UP OF NEW FACTORIES FOR THE MANUFACTURE OF MATCHES OR SUBSTITUTES THEREFOR .  BY VIRTUE OF LEGISLATIVE DECREE N 105 OF 26 FEBRUARY 1930 ( WHICH ON 1 MAY 1930 BECAME LAW N 611 ) AND OF A CONVENTION BETWEEN THE STATE AND THE CIF ANNEXED TO THE DECREE CONVENZIONE AGGIUNTIVA FRA LO STATO ED IL CONSORZIO INDUSTRIE FIAMMIFERI ) , THE CIF WAS GRANTED ( ARTICLE 2 OF THE DECREE ) THE EXCLUSIVE RIGHT TO MANUFACTURE , IMPORT AND SELL , IN ITALIAN TERRITORY , FLINT OPERATED LIGHTERS WHICH COULD BE SUBSTITUTED FOR MATCHES . FOR OTHER MECHANICAL LIGHTERS , ARTICLE 3 OF THE DECREE PROVIDES THAT THE MINISTRY OF FINANCE MAY EITHER EXERCISE DIRECTLY THE EXCLUSIVE RIGHT TO MANUFACTURE , IMPORT AND SELL , OR AUTHORIZE BODIES OR INDIVIDUALS TO EXERCISE THAT RIGHT . HOWEVER , ARTICLE 10 OF THE AGREEMENT EXTENDS THE EXCLUSIVE RIGHT OF THE CIF TO ALL OTHER MECHANICAL LIGHTERS WHICH MIGHT BE MARKETED , WHATEVER THEIR METHOD OF OPERATION , PROVIDED THEY ARE POCKET LIGHTERS AND THAT THEY CAN BE ASSIMILATED TO FLINT-OPERATED POCKET-LIGHTERS .  THE OBLIGATION TO JOIN THE CIF WAS IMPOSED FOR THE DURATION OF THE CONVENTION , ON THE FOUR UNDERTAKINGS MANUFACTURING MECHANICAL LIGHTERS IN ITALY WHEN THE DECREE WAS PASSED . ONLY ONE LIGHTER MANUFACTURER ( LA SOCIETA PER AZIONI FABBRICHE FIAMMIFERI E AFFINI _ SAFFA , WHICH IS ALSO THE PRINCIPAL MATCH MANUFACTURER ) IS NOW A MEMBER OF THE CIF , THE OTHER UNDERTAKINGS BEING NO LONGER IN BUSINESS .  THE CONVENTION , DUE TO EXPIRE ON 31 MAY 1932 , HAS BEEN EXTENDED SEVERAL TIMES . UNDER THE LATEST EXTENSION , BY MINISTERIAL DECREE OF 29 APRIL 1965 , ITS EXPIRY DATE IS NOW 31 DECEMBER 1974 .  3 . THE TAXATION OF LIGHTERS WAS REGULATED BY LEGISLATIVE DECREE N 2 OF 11 JANUARY 1956 ( WHICH , ON 16 MARCH 1956 , BECAME LAW N 109 ) .  FORMERLY , MECHANICAL LIGHTERS WERE SUBJECT TO A TAX ON MANUFACTURE : A FIXED DUTY , DIFFERING ACCORDING TO THE TYPE OF LIGHTER , WAS APPLIED TO DOMESTIC AND TO IMPORTED PRODUCTS ; THE DIE-STAMPING OF THE LIGHTERS WAS PROOF THAT THE DUTY HAD BEEN PAID . UNDER THOSE ARRANGEMENTS THE REVENUE FUNCTION OF THE CIF CONSISTED IN MAKING EACH MONTH ADVANCE PAYMENT TO THE STATE OF THE DUTIES ON LIGHTERS , THUS FACILITATING THE COLLECTION OF THE TAX BY THE STATE .  BY VIRTUE OF FIXING THE SELLING PRICE THE CIF PASSES THE TAX ON TO THE CONSUMER .  THE LEGISLATIVE DECREE OF 1956 COMPLETELY CHANGED THOSE ARRANGEMENTS . THE FIXED DUTY , THE PROCEDURE OF DIE-STAMPING AND THE ADVANCE PAYMENT OF THE TAX BY THE CIF WERE ABOLISHED . THE TAX ON MANUFACTURE WAS CONVERTED INTO A CONSUMER TAX , PAID ANNUALLY BY CONSUMERS BY THE PURCHASE OF A REVENUS STAMP . UNDER THIS NEW ARRANGEMENT ( SET OUT IN THE DECREE OF THE MINISTER OF FINANCE , DATED 4 FEBRUARY 1956 ) THE ONLY FUNCTION OF THE CIF IS TO ISSUE REVENUE STAMPS .  THE DECREE OF 1956 ALSO EXPRESSLY CONFIRMED THAT ALL THE PROVISIONS REGARDING MECHANICAL LIGHTERS WHICH WERE NOT INCOMPATIBLE WITH THAT DECREE REMAINED IN FORCE . THE MONOPOLY OF MANUFACTURE , IMPORTATION AND SALE PERTAINING TO THE CIF THEREFORE REMAINED UNCHANGED .  IMPORTS OF MECHANICAL LIGHTERS FROM OTHER MEMBER STATES HAVE CONSIDERABLY INCREASED . THEY ROSE FROM 9 836 UNITS IN 1958 TO 290 802 IN 1968 AND TO 479 660 FOR THE PERIOD JANUARY / OCTOBER 1969 .  4 . IN THE OPINION OF THE COMMISSION THE INCREASE IN THE IMPORTS OF LIGHTERS FROM OTHER MEMBER STATES EFFECTED BY THE MONOPOLY IS INSUFFICIENT TO ACHIEVE THE OBJECTIVE OF ARTICLE 37 .  SINCE THE END OF THE TRANSITIONAL PERIOD IS APPROACHING MEASURES SHOULD NOW BE ADOPTED TO BRING TO AN END ALL DISCRIMINATION BETWEEN NATIONALS OF MEMBER STATES REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED .  ARTICLE 37 , WHICH COMES UNDER THE TITLE RELATING TO THE FREE MOVEMENT OF GOODS , AND , MORE PARTICULARLY , UNDER THE CHAPTER CONCERNING THE ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES , AIMS AT ACHIEVING BY THE END OF THE TRANSITIONAL PERIOD IN RESPECT OF PRODUCTS SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER ( OR A LIKE SYSTEM ) THE SAME RESULT AS THAT ACHIEVED FOR OTHER PRODUCTS BY THE APPLICATION OF ARTICLES 30 TO 34 , THAT IS TO SAY THE FREE MOVEMENT OF GOODS .  A DIFFERENT PROCEDURE WAS PROVIDED IN ORDER TO ACHIEVE THAT RESULT IN THE SECTORS COVERED BY STATE MONOPOLIES . THEIR PROGRESSIVE ADJUSTMENT WAS PROVIDED FOR PARTLY IN ORDER TO TAKE ACCOUNT OF THE FACT THAT IN THE VIEW OF THE MEMBER STATES CONCERNED THE PRODUCTS SUBJECT TO A MONOPOLY PRESENTED SPECIAL PROBLEMS AND PARTLY SO THAT THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND OF MEASURES HAVING AN EQUIVALENT EFFECT IN THOSE SECTORS SHOULD NOT BE WITHOUT PRACTICAL RESULT . THERE WERE INDEED GROUNDS FOR FEARING THAT THE LIBERALIZATION OF TRADE IN RESPECT OF THE PRODUCTS SUBJECT TO A MONOPOLY WOULD NOT TAKE PLACE IF THE MONOPOLIES , BY VIRTUE OF THEIR EXCLUSIVE RIGHT TO IMPORT , EXPORT AND MARKET CERTAIN PRODUCTS , WERE TO REMAIN FREE TO DECIDE TO WHAT EXTENT AND UNDER WHAT CONDITIONS PRODUCTS FROM OTHER MEMBER STATES COULD BE ALLOWED ON THE DOMESTIC MARKET ( OR , CONVERSELY , TO WHAT EXTENT DOMESTIC PRODUCTS COULD BE EXPORTED TO OTHER MEMBER STATES ) .  IT IS FOR THAT REASON THAT ARTICLE 37 CONTAINS THE PROVISION DESIGNED " TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN THE NATIONALS OF MEMBER STATES " .  IT SHOULD BE STRESSED THAT THE ENDING OF DISCRIMINATION RESULTING DIRECTLY FROM PROVISIONS APPLICABLE TO PRODUCTS SUBJECT TO A MONOPOLY IS NOT THE ONLY REQUIREMENT LAID DOWN IN ARTICLE 37 ; THAT OBJECTIVE COULD BE ATTAINED , IN THE ABSENCE OF AN ARTICLE GOVERNING STATE MONOPOLIES , BY MEANS OF OTHER PROVISIONS OF THE TREATY , IN PARTICULAR THOSE PROHIBITING CHARGES HAVING AN EQUIVALENT EFFECT TO CUSTOMS DUTIES AND MEASURES HAVING AN EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS . IT FOLLOWS FROM WHAT HAS BEEN SAID ABOVE IN RELATION TO THE SPECIAL CHARACTERISTICS OF STATE MONOPOLIES AND OF THE RESTRICTIONS TO WHICH THEY CAN GIVE RISE THAT THE OBJECTIVE OF THE " ADJUSTMENT " , I.E . OF ENSURING THAT " NO DISCRIMINATION EXISTS " , IS TO ELIMINATE THE POSSIBILITY THAT THE PARTICULAR POWERS VESTED IN THE MONOPOLIES IN RESPECT OF THE IMPORTING AND DOMESTIC MARKETING , OR THE EXPORTING , OF CERTAIN PRODUCTS MIGHT AT THE END OF THE TRANSITIONAL PERIOD STILL GIVE RISE TO DISCRIMINATION .  SINCE THESE ARE THE OBJECTIVES LAID DOWN IN ARTICLE 37 , IT IS INCUMBENT UPON ITALY TO ADJUST THE MONOPOLY IN RESPECT OF LIGHTERS BEFORE THE END OF THE TRANSITIONAL PERIOD IN ORDER THAT THE OBJECTIVES MAY BE ATTAINED . FURTHER , IT IS FOR THE COMMISSION , IN ADDITION TO ITS GENERAL DUTY TO SEE THAT THE TREATY IS IMPLEMENTED , TO MAKE RECOMMENDATIONS IN ACCORDANCE WITH ARTICLE 37 ( 6 ) AS TO THE MANNER IN WHICH THE ADJUSTMENT PROVIDED FOR IN THAT ARTICLE SHALL BE CARRIED OUT .  5 . IN EXERCISING THE EXCLUSIVE RIGHTS CONFERRED ON IT BY THE LAW , THE CIF DISTRIBUTES BOTH HOME-PRODUCED AND IMPORTED LIGHTERS ON THE ITALIAN MARKET . THUS THE CIF INTERVENES AT ALL STAGES OF THE MARKETING PROCESS : IT PURCHASES LIGHTERS FROM MANUFACTURERS ; IT HANDLES ALL CUSTOMS FORMALITIES IN RESPECT OF LIGHTERS OF FOREIGN MANUFACTURE ; IT HOLDS STOCKS ; IT CONSIGNS GOODS TO RETAILERS AND IS RESPONSIBLE FOR AFTER-SALES SERVICE .   ( A ) PURCHASES OF LIGHTERS BY THE CIF ARE NEGOTIATED ANNUALLY BETWEEN THAT BODY AND MANUFACTURERS . ON THE BASIS OF ESTIMATES WHICH IT DRAWS UP , THE CIF DECIDES THE QUANTITIES AND TYPES OF LIGHTERS WHICH IT WILL BUY . THE DELIVERY PRICE , THAT IS TO SAY THE PRICE WHICH THE CIF PAYS TO MANUFACTURES , IS FREELY NEGOTIATED BETWEEN THE PARTIES .   ( B ) IN ITS ROLE OF EXCLUSIVE IMPORTER , THE CIF IS THE SOLE BODY AUTHORIZED TO HANDLE ALL THE CUSTOMS FORMALITIES NECESSARY FOR THE IMPORTATION OF PRODUCTS OF FOREIGN MANUFACTURE .   ( C ) WITH REGARD TO RETAIL SALES , THE DECREE OF 1930 LAYS DOWN ( ARTICLE 6 ) THAT LIGHTERS OF STANDARD QUALITY ( " MADE OF BASE METAL OR OTHER MATERIAL OF NO SPECIAL VALUE , WITHOUT COVERING OR DECORATION " ) ARE TO BE SOLD EXCLUSIVELY IN SHOPS APPROVED BY THE MONOPOLY . OTHER LIGHTERS MAY BE SOLD EITHER IN SUCH SHOPS OR BY OTHER TRADERS ; THE PERMIT WHICH THE LATTER MUST OBTAIN FOR THE PURPOSES IS GRANTED BY THE MINISTRY OF FINANCE WITH THE APPROVAL OF THE CIF .   ( D ) AS AND WHEN RETAILERS EXHAUST THEIR STOCKS THEY PLACE ORDERS WITH THE CIF WHICH SUPPLIES THEM FROM ITS OWN WAREHOUSES . MANUFACTURERS' REPRESENTATIVES MAY , HOWEVER , OBTAIN ORDERS FROM RETAILERS AND PASS THEM ON TO THE CIF .   ( E ) WITH REGARD TO THE PRICE AT WHICH THE CIF SEILS TO TRADERS , A DISTINCTION SHOULD BE MADE BETWEEN LIGHTERS OF STANDARD QUALITY AS MENTIONED UNDER ( C ) AND OTHER LIGHTERS . FOR THOSE IN THE FIRST CATEGORY , THE PRICE IS FIXED BY A DECREE OF THE MINISTRY OF FINANCE . THIS IS A MAXIMUM PRICE : THE CIF MAY SELL AT A LOWER PRICE ( SEE ARTICLE 7 OF THE DECREE OF 1930 AND ARTICLE 6 OF THE CONVENTION ) . FOR OTHER LIGHTERS , THAT IS TO SAY THE VAST MAJORITY , PRICES ARE FIXED BY THE CIF .   ( F ) THE CIF IS RESPONSIBLE FOR AFTER-SALES SERVICE .  6 . ON THE BASIS OF THE INFORMATION AT ITS DISPOSAL THE COMMISSION OBSERVES :   ( A ) THAT RESTRICTIONS ARE IMPOSED ON THE MARKETING ON THE ITALIAN MARKET OF MECHANICAL LIGHTERS OF STANDARD QUALITY : CERTAIN MODELS ARE NOT IMPORTED BY THE MONOPOLY ;   ( B ) THAT CERTAIN TYPES MECHANICAL LIGHTERS OF FOREIGN MANUFACTURE ARE SOLD ON THE ITALIAN MARKET AT MUCH HIGHER PRICES THAN THOSE PREVAILING FOR THE SAME PRODUCTS IN OTHER COUNTRIES OF THE EEC _ THE DIFFERENCE IS SOMETIMES AS MUCH AS 100 % ;   ( C ) THAT CERTAIN TYPES OF MECHANICAL LIGHTERS OF FOREIGN MANUFACTURE ARE SOLD ON THE ITALIAN MARKET AT MUCH HIGHER PRICES THAN CERTAIN COMPARABLE TYPES OF LIGHTERS OF ITALIAN MANUFACTURE ;   ( D ) THAT IN MANY CASES THE CIF HAS NOT FULLY EXECUTED ORDERS FOR FOREIGN LIGHTERS PLACED BY RETAILERS OR HAS EXECUTED THEM ONLY AFTER CONSIDERABLE DELAY ; THAT IN CERTAIN CASES MOREOVER THE INCOMPLETE EXECUTION OF AN ORDER HAS INVOLVED A REFUSAL BY THE CIF TO GRANT THE RETAILER THE DEFERMENT OF PAYMENT WHICH IS GRANTED ON ORDERS OVER A CERTAIN AMOUNT .  7 . THE FACTS SET OUT ABOVE CONSTITUTE DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE MARKETED AGAINST SUPPLIERS IN OTHER MEMBER STATES . THE COMMISSION CONSIDERS THAT THIS SITUATION ARISES FROM THE EXTENSIVE POWERS WHICH HAVE BEEN CONFERRED UPON THE CIF , VIZ :   ( A ) THE POWER WHICH THE CIF HAS TO DECIDE FREELY THE QUANTITIES AND TYPES OF MECHANICAL LIGHTERS WHICH IT PURCHASES ENABLES IT ARBITRARILY TO RESTRICT IMPORTS .   ( B ) BEING THE SOLE BODY AUHORIZED TO HANDLE CUSTOMS FORMALITIES , THE CIF IS ABLE TO DELAY THE MARKETING OF FOREIGN PRODUCTS .   ( C ) BEING THE SOLE BODY AUTHORIZED TO HOLD STOCKS , THE CIF IS ABLE TO CAUSE DELAYS IN THE SUPPLY OF IMPORTED LIGHTERS TO RETAILERS .   ( D ) THE CIF MAY , BY REFUSING TO APPROVE THE GRANTING OF A SALES PERMIT , RESTRICT THE OPENINGS ON THE ITALIAN MARKET FOR FOREIGN MANUFACTURERS .   ( E ) THE POWER TO FIX THE SELLING PRICE TO RETAILERS OF THE VAST MAJORITY OF MECHANICAL LIGHTERS ENABLES THE CIF TO TAX FOREIGN PRODUCTS MORE HEAVILY THAN DOMESTIC PRODUCTS , THEREBY DECISIVELY AFFECTING THE COMPETITIVE POSITION OF FOREIGN LIGHTERS ON THE ITALIAN MARKET .   ( F ) THE EXCLUSIVE RIGHT TO PROVIDE AFTER-SALES SERVICE COULD CAUSE DISCRIMINATION , SINCE IT IS POSSIBLE TO DELAY THE PROVISION OF THAT SERVICE ON FOREIGN PRODUCTS TO THE DETRIMENT OF THE REPUTATION OF A PARTICULAR PRODUCT .  FOR THESE REASONS IT SEEMS TO THE COMMISSION THAT THE BEST SOLUTION FOR ATTAINING THE OBJECTIVES LAID DOWN IN ARTICLE 37 , BECAUSE THERE IS NO DOUBT THAT IT WILL BE EFFECTIVE , IS TO ABOLISH THE EXCLUSIVE RIGHT OF THE CIF TO IMPORT AND MARKET , IN SO FAR AS THAT RIGHT CONCERNS TRADE BETWEEN MEMBER STATES .  8 . WITH REGARD TO THE REVENUE-PRODUCING ASPECTS OF THE MONOPOLY , THE COMMISSION POINTS OUT THAT ARTICLE 90 ( 2 ) OF THE EEC TREATY CANNOT BE INVOKED IN ORDER TO AVOID OR LIMIT THE REQUIREMENT UNDER ARTICLE 37 FOR THE ADJUSTMENT OF THE MONOPOLY IN MECHANICAL LIGHTERS . INDEED , ARTICLE 90 ( 2 ) DOES NO MORE THAN LAY DOWN THAT UNDERTAKINGS HAVING THE CHARACTER OF A REVENUE-PRODUCING MONOPOLY ARE SUBJECT TO THE RULES CONTAINED IN THE TREATY IN SO FAR AS THE APPLICATION OF SUCH RULES DOES NOT OBSTRUCT THE PERFORMANCE , IN LAW OR IN FACT , OF THE PARTICULAR TASKS ASSIGNED TO THEM , WHILE THE DEVELOPMENT OF TRADE MUST NOT BE AFFECTED TO SUCH AN EXTENT AS WOULD BE CONTRARY TO THE INTERESTS OF THE COMMUNITY .  IT FOLLOWS FROM WHAT HAS BEEN SAID IN PARAGRAPH 3 THAT , SINCE THE TAX IS PAID BY THE CONSUMER , THE CIF NO LONGER HAS ANY REVENUE FUNCTION TO PERFORM .  II  ON THESE GROUNDS THE COMMISSION OF THE EUROPEAN COMMUNITIES , IN ACCORDANCE WITH ARTICLE 37 ( 6 ) OF THE EEC TREATY , RECOMMENDS THE ITALIAN REPUBLIC TO TAKE THE FOLLOWING MEASURES NOT LATER THAN 31 DECEMBER 1969 :  1 . TO ALLOW SUPPLIERS IN OTHER MEMBER STATES TO IMPORT MECHANICAL LIGHTERS FROM MEMBER STATES WITHOUT ANY RESTRICTION . TO THAT END , ALL FORMALITIES NECESSARY FOR THE INTRODUCTION OF THESE PRODUCTS ON TO THE ITALIAN MARKET MUST BE SUCH AS CAN BE CARRIED OUT DIRECTLY BY THE BUYERS OR PERSONS APPOINTED BY THEM , SO THAT THOSE CONCERNED MAY IMMEDIATELY DISPOSE OF THE PRODUCTS WITHOUT THE INTERVENTION OF THE CIF ;  2 . TO ALLOW ALL OPERATIONS NECESSARY FOR THE MARKETING OF MECHANICAL LIGHTERS FROM OTHER MEMBER STATES TO BE FREELY CARRIED OUT ON THE ITALIAN MARKET . TO THAT END :   _ ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO HOLD STOCKS IN ITALY ;   _ TO MAKE THE GRANTING OF A PERMIT FOR THE SALE OF MECHANICAL LIGHTERS NO LONGER SUBJECT TO THE APPROVAL OF THE CIF ;   _ TO ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO PROVIDE AFTER-SALES SERVICE ;   _ TO ALLOW PRICES FOR PRODUCTS FROM OTHER MEMBER STATES TO BE ESTABLISHED ON THE BASIS OF AGREEMENT BETWEEN BUYERS AND SELLERS AT THE DIFFERENT STAGES OF MARKETING .  DONE AT BRUSSELS , 25 NOVEMBER 1969 .  FOR THE COMMISSION  THE PRESIDENT  JEAN REY