31977R0170

28 . 1 . 77 Official Journal of the European Communities No L 24 / 17

COMMISSION REGULATION ( EEC) No 170/ 77 of 26 January 1977 re-establishing the levying of the customs duties on primary cells and primary batteries, falling within heading No 85.03 , originating in Hong Kong to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3021 /76 apply

THE COMMISSION OF THE EUROPEAN Whereas Article 2 (2) of that Regulation provides that COMMUNITIES, the levying of customs duties may be re-established at any time in respect of imports of the products in ques­ tion originating in any of the said countries or territo­ ries — with the exception of those listed in Annex C Having regard to the Treaty establishing the European to the same Regulation — once the relevant Commu­ Economic Community, nity amount has been reached ;

Whereas, in respect of primary cells and primary Having regard to Council Regulation (EEC) No batteries the ceiling, calculated as indicated above , 3021 /76 of 13 December 1976 establishing preferen­ should be 4 441 000 u.a ., and therefore the maximum tial tariffs in respect of certain products originating in amount is 1 332 300 u.a. ; whereas on 21 January developing countries ('), and in particular Article 4 (2) 1977, the amounts of imports into the Community of thereof, primary cells and primary batteries, originating in Hong Kong, a country covered by preferential tariff arrangements, reached that maximum amount ; whereas, bearing in mind the objectives of Regulation Whereas Article 1 (3) and (4) of that Regulation ( EEC) No 3021 /76 which provides that maximum provides that the customs duties may, for each cate­ amounts should not be exceeded, customs duties gory of products, be suspended up to a Community should be re-established in respect of the products in ceiling, expressed in units of account, which will be question in relation to Hong Kong, equal — with the exception of certain products the value of the ceilings for which is given in Annex A to the Regulation in question — to the sum arrived at by adding together the value of the products in question imported cif into the Community in 1974 and HAS ADOPTED THIS REGULATION : coming from countries and territories covered by those arrangements, but not including products coming from countries and territories already covered by various preferential tariff arrangements established Article 1 by the Community, and 5 % of the value of 1974 cif imports coming from other countries and from coun­ tries and territories already covered by such arrange­ As from 31 January 1977, the levying of customs ments ; whereas, however, the ceiling resulting from duties, suspended in pursuance of Council Regulation the sum of this addition may in no case exceed (EEC) No 3021 /76, shall be re-established in respect 172-5 % of that resulting from the substitution of the of the following products, imported into the Commu­ year 1971 for the year 1974 in the first term of the nity and originating in Hong Kong : addition and of the year 1972 for the year 1974 in the second term of the addition ; CCT heading Description of goods No Whereas, having regard to that ceiling, the amounts 85.03 Primary cells and primary batteries for products originating in any one of the countries or territories listed in Annex B to that Regulation should be within a maximum Community amount repre­ senting 50 % of that ceiling, with the exception of certain products for which the maximum amount is to Article 2 be reduced to the percentage indicated in Annex A to that Regulation ; whereas , for these products, this reduced percentage will be 30 % ; This Regulation shall enter into force on the third day following its publication in the Official Joi4rnal of (') OJ No L 349 , 20 . 12. 1976, p . 23 . the European Communities.

No L 24/ 18 Official Journal of the European Communities 28 . 1 . 77

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 January 1977.

For the Commission Étienne DAVIGNON

Member of the Commission