CELEX: 31979D0017
Language: en
Date: 1978-12-05 00:00:00
Title: 79/17/EEC: Commission Decision of 5 December 1978 authorizing the Italian Republic not to apply Community treatment to tableware and other articles of a kind commonly used for domestic or toilet purposes, of porcelain or china (including biscuit porcelain and parian), falling within heading No 69.11 of the Common Customs Tariff, originating in Japan and in free circulation in the other Member States

No L 7/30                         Official Journal of the European Communities                                   11 . 1 . 79
                                            COMMISSION DECISION
                                                of 5 December 1978
              authorizing the Italian Republic not to apply Community treatment to table­
              ware and other articles of a kind commonly used for domestic or toilet
              purposes, of porcelain or china (including biscuit porcelain and parian), falling
              within heading No 69.11 of the Common Customs Tariff, originating in Japan
                             and in free circulation in the other Member States
                                          (Only the Italian text is authentic)
                                                     (79/ 17/ EEC)
THE COMMISSION OF THE EUROPEAN                                 first paragraph of Article 115, subject to the condi­
COMMUNITIES,                                                   tions laid down in Commission Decision 71 / 202 / EEC
Having regard to the Treaty establishing the European          of 12 May 1971 (•), and in particular Article 1 thereof ;
Economic Community, and in particular the first para­          Whereas, however, the application for a licence which
graph of Article 115 thereof,                                  gave rise to the application in question does not need
Having regard to the application under the first para­          to be covered by such an authorization in view of the
graph of Article 115 of the Treaty, made on 23                 small amount involved ,
November 1978 by the Italian Government to the
Commission of the European Communities, for                     HAS ADOPTED THIS DECISION :
authorization not to apply Community treatment to
tableware and other articles of a kind commonly used                                      Article 1
for domestic or toilet purposes, of porcelain or china         The Italian Republic is authorized not to apply
(including biscuit porcelain and parian), falling within
                                                                Community treatment to the products indicated
heading No 69.1 1 of the Common Customs Tariff,
                                                               below, where they originate in Japan and are in free
originating in Japan and in free circulation in the            circulation in the other Member States, and in respect
other Member States,
                                                               of which applications for import licences were lodged
Whereas in Italy the import of the products in ques­            after 17 November 1978 :
tion originating in Japan is subject to an annual quota
which is already wholly taken up ;                                    CCT
Whereas the disparities which exist in the commercial                heading
                                                                       No
                                                                                                   Description
policy measures applied in connection with these
products by the Member States are causing deflection
                                                                69.11            Tableware and other articles of a       kind
of trade, thereby preventing the execution of those
                                                                                 commonly used for domestic or toilet
commercial policy measures which are in force                                    purposes, of porcelain or china ( including
because of the difficult economic situation in the
                                                                                 biscuit porcelain and parian)
sector concerned ;
Whereas it appears from the application submitted
that there are serious difficulties in the industrial                                     Article 2
sector concerned, involving a considerable drop in             This Decision shall apply until new opportunities
production and employment ;                                     arise in Italy for the importation of these products
Whereas these economic difficulties are caused largely          from Japan or until 31 December 1978 , whichever is
by unequal conditions of competition , which allow              the earlier.
exports to be made at prices appreciably lower than
those of the Community products in question ;                                             Article 3
Whereas further indirect imports, in addition to those         This Decision is addressed to the Italian Republic .
already made or proposed, would be likely to aggra­
vate these difficulties ;
                                                                Done at Brussels, 5 December 1978 .
Whereas it is not possible to set in motion rapidly the
machinery for bringing about the necessary coopera­                                         For the Commission
tion from the other Member States ;
                                                                                           Wilhelm HAFERKAMP
Whereas authorization should accordingly be given
for the application of protective measures under the                                             Vice-President
                                                                (') OJ No L 121 , 3 . 6. 1971 , p. 26 .