CELEX: 31976D0049
Language: en
Date: 1975-11-24 00:00:00
Title: Commission Decision of 24 November 1975 authorizing the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands not to apply Community treatment to certain men's and boys' waterproof garments falling within heading No ex 61.01 of the Common Customs Tariff, originating in Taiwan and in free circulation in the Federal Republic of Germany

16 . 1 . 76                               Official Journal of the European Communities                             No L 9 / 3 1
                                                    COMMISSION DECISION
                                                       of 24 November 1975
              authorizing the Kingdom of Belgium , the Grand Duchy of Luxembourg and the
              Kingdom of the Netherlands not to apply Community treatment to certain
              men's and boys' waterproof garments falling within heading No ex 61.01 of the
              Common Customs Tariff, originating in Taiwan and in free circulation in the
                                                   Federal Republic of Germany
                                          (Only the French and Dutch texts are authentic)
                                                            (76/49/EEC)
THE COMMISSION OF THE EUROPEAN                                       on the basis of the volume of imports previously
COMMUNITIES,                                                         admitted into the various Member States and need be
                                                                     adjusted only progressively to the supply requirements
Having regard to the Treaty establishing the European                of the markets ;
Economic Community, and in particular the first para­
graph of Article 1 1 5 thereof,                                      Whereas for this reason the allocation of the quota in
                                                                     question still involves certain disparities in the quota
                                                                     shares fixed for the various Member States in relation
Having regard to the application under the first para­
graph of Article 115 of the Treaty, made on 18                       to the supply requirements of the markets concerned ;
November 1975 by the Governments of the Benelux
countries to the Commission by telex from the Office                 Whereas these disparities have caused in the Benelux
of the Permanent Representative of the Kingdom of                    countries a flow of imports of the products in ques­
the Netherlands to the European Communities, for                     tion, originating in Taiwan and in free circulation in
authorization not to apply Community treatment to                    the Federal Republic of Germany, which threatens to
certain men's and boys' waterproof garments falling                  continue and to grow ;
within heading No ex 61.01 of the Common Customs
Tariff, originating in Taiwan and in free circulation in             Whereas according to information supplied by the
the Federal Republic of Germany,                                     Governments of the Benelux countries there are
                                                                     serious economic difficulties in the sector that manu­
Whereas imports into the Community of the products                   factures the products in question resulting in a
in question originating in Taiwan are subject to a                   progressive decline of production and a constant
Community quantitative quota established by Council                  reduction of the number of workers employed in that
                                                                     sector ;
Regulation (EEC) No 1783/75 of 10 July 1975 on
rules for imports of certain textile products originating
in Taiwan (') ;                                                      Whereas these economic difficulties are caused largely
                                                                     by unequal conditions of competition with certain
Whereas this quota is administered by allocation                     countries (including Taiwan), whereby such countries
among the Member States, as determined by Commis­                    are enabled to export at prices lower than those of
sion Regulation (EEC) No 1849/75 of 18 July 1975                     producers in the Benelux countries ;
allocating quantitative quotas in respect of imports
into the Community of certain textile products origi­                Whereas the indirect imports in question , which
nating in Taiwan (2) ; whereas the quota shares allo­                would be in addition to those already effected , would
cated for    1975 to the Benelux countries and the                   be likely to aggravate these economic difficulties ;
Federal Republic of Germany are                    112 000 and
3 006 000 items respectively ;                                       Whereas it is not possible at the present time to set in
                                                                     motion the machinery for bringing about the neces­
Whereas, since it was not possible when the Commu­                   sary cooperation from the Federal Republic of
nity quota was opened to achieve full alignment of                   Germany ;
the import arrangements previously applied in the
Member States, the above Regulation (EEC) No                         Whereas authorization should accordingly be given ,
 1783/75 provides, as a temporary measure, for a dero­               for a limited period, for the application of protective
gation from the principle of equal and continuous                    measures, under the first paragraph of Article 115,
access for all importers to Community quotas by stipu­               subject to the conditions laid down by the Commis­
lating that the quota in question be allocated initially             sion Decision of 12 May 1971 (3), and in particular
                                                                     Article 1 thereof,
(>) OJ No L 182, 12 . 7 . 1975, p . 2.
(-') OJ No L 189 , 21 . 7 . 1 975 , p . 24.                          (3 ) OJ No L 121 , 3 . 6 . 1971 , p. 26 .
 ---pagebreak--- No L 9 M                             Official Journal of the European Communities                          16 . 1 . 76
HAS ADOPTED THIS DECISION :                                                            Article 2
                       Article 1                               This Decision shall apply until new opportunities
                                                                arise in the Benelux countries for the importation of
The Kingdom of Belgium, the Grand Duchy of                      the products in question from Taiwan and in any case
Luxembourg and the Kingdom of the Netherlands are               not later than 31 December 1975 .
authorized not to apply Community treatment to
imports of the following products :
                                                                                       Article 3
      CCT
    heading                 Description of goods
                                                               This Decision is addressed to the Kingdom of
       No                                                       Belgium , the Grand Duchy of Luxembourg and the
                                                                Kingdom of the Netherlands.
ex 61.01        Men's and boys' waterproof garments made
                of impregnated or coated fabrics within
                the meaning of heading No 59.08 , 59.09 ,
                59.11 or 59.12                                  Done at Brussels , 24 November 1975 .
                                                                                         For the Commission
where they originate in Taiwan and are in free circula­
tion in the Federal Republic of Germany and in                                            Finn GUNDELACH
respect of which applications for import licences were
lodged after 5 November 1975.                                                        Member of the Commission