****

( 1 ) OJ NO L 354 , 29 . 12 . 1980 , P . 114 .

( 2 ) OJ NO L 345 , 20 . 12 . 1980 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 402/81

OF 17 FEBRUARY 1981

RE-INTRODUCING THE LEVYING OF THE CUSTOMS DUTIES APPLICABLE TO ANTIBIOTICS , OTHER THAN TETRACYCLINE , FALLING UNDER HEADING NO EX 29.44 OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN CHINA AND BENEFITING FROM THE TARIFF PREFERENCES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 3322/80

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3322/80 OF 16 DECEMBER 1980 ESTABLISHING A MULTI-ANNUAL SCHEME OF GENERALIZED TARIFF PREFERENCES AND ITS APPLICATION FOR 1981 IN RESPECT OF CERTAIN INDUSTRIAL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC , EURATOM ) NO 3308/80 OF 16 DECEMBER 1980 ON THE REPLACEMENT OF THE EUROPEAN UNIT OF ACCOUNT BY THE ECU IN COMMUNITY LEGAL INSTRUMENTS ( 2 ),

WHEREAS , IN PURSUANCE OF ARTICLES 1 AND 9 OF THAT REGULATION , SUSPENSION OF CUSTOMS DUTIES SHALL BE ACCORDED TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , OTHER THAN THOSE LISTED IN COLUMN 4 OF ANNEX A , WITHIN THE FRAMEWORK OF THE PREFERENTIAL TARIFF CEILING FIXED IN COLUMN 9 OF ANNEX A ;

WHEREAS , AS PROVIDED FOR IN ARTICLE 10 ( 1 ) OF THAT REGULATION , AS SOON AS THE INDIVIDUAL CEILINGS IN QUESTION ARE REACHED AT COMMUNITY LEVEL , THE COMMISSION , EITHER ACTING ON ITS OWN INITIATIVE OR ONCE A MEMBER STATE HAS REQUESTED IT TO DO SO , SHALL RE-INTRODUCE THE LEVYING OF CUSTOMS DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ;

WHEREAS , IN THE CASE OF ANTIBIOTICS , OTHER THAN TETRACYCLINE , FALLING UNDER HEADING NO EX 29.44 OF THE COMMON CUSTOMS TARIFF , THE INDIVIDUAL CEILING WAS FIXED AT 1 103 000 ECU ; WHEREAS , ON 12 FEBRUARY 1981 , IMPORTS OF THESE PRODUCTS INTO THE COMMUNITY , ORIGINATING IN CHINA , REACHED THE CEILING IN QUESTION ; WHEREAS ITALY HAS REQUESTED THAT THE LEVYING OF THE CUSTOMS DUTIES BE RE-INTRODUCED ; WHEREAS THE CUSTOMS DUTIES IN RESPECT OF THE PRODUCTS IN QUESTION MUST THEREFORE BE RE-INTRODUCED AGAINST CHINA ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

AS FROM 21 FEBRUARY 1981 , THE LEVYING OF CUSTOMS DUTIES , SUSPENDED IN PURSUANCE OF COUNCIL REGULATION ( EEC ) NO 3322/80 , SHALL BE RE-INTRODUCED ON IMPORTS INTO THE COMMUNITY OF THE FOLLOWING PRODUCTS ORIGINATING IN CHINA :

// //

CCT

HEADING

NO // DESCRIPTION //

//

EX 29.44 ( NIMEXE CODES 29.44-10 ; 20 ; 35 ; 39 ; 99 ) // ANTIBIOTICS , OTHER THAN TETRACYCLINE //

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 17 FEBRUARY 1981 .

FOR THE COMMISSION

KARL-HEINZ NARJES

MEMBER OF THE COMMISSION