31977R2603

No L 302/38 Official Journal of the European Communities 26 . 11 . 77

COMMISSION REGULATION (EEC) No 2603/77 of 25 November 1977 re-establishing the levying of 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 any time in respect of imports of the products in ques­ COMMUNITIES, tion originating in any of the said countries or territo­ ries — with the exception of those listed in Annex C to the same Regulation — once the relevant Commu­ Having regard to the Treaty establishing the European nity amount has been reached ; Economic Community,

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 units of account, and therefore tial tariffs in respect of certain products originating in the maximum amount is 1 332 300 units of account ; developing countries ('), and in particular Article 4 (2) whereas on 15 November 1977, the amounts of thereof, imports into the Community of primary cells and primary batteries, originating in Hong Kong, a country covered by preferential tariff arrangements, Whereas Article 1 (3) and (4) of that Regulation reached that maximum amount ; whereas, bearing in provides that the customs duties may, for each cate­ mind the objectives of Regulation (EEC) No 3021 /76 gory of products, be suspended up to a Community which provides that maximum amounts should not be ceiling, expressed in . units of account, which will be exceeded, customs duties should be re-established in equal — with the exception of certain products the respect of the products in question in relation to value of the ceilings for which is given in Annex A to Hong Kong, 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 coming from countries and territories covered by those arrangements, but not including products coming from countries and territories already covered HAS ADOPTED THIS REGULATION : by various preferential tariff arrangements established 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 Article 1 ments ; whereas, however, the ceiling resulting from the sum of this addition may in no case exceed 172-5 % of that resulting from the substitution of the As from 29 November 1977, the levying of customs year 1971 for the year 1974 in the first term of the duties, suspended in pursuance of Council Regulation addition and of the year 1972 for the year 1974 in the (EEC) No 3021 /76, shall be re-established in respect second term of the addition ; of the following products, imported into the Commu­ nity and originating in Hong Kong :

Whereas, having regard to that ceiling, the amounts CCT for products originating in any one of the countries or heading Description of goods No 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 85.03 Primary cells and primary batteries certain products for which the maximum amount is to be reduced to the percentage indicated in Annex A to that Regulation ; whereas, for these products, this reduced percentage will be 30 % ; Article 2

Whereas Article 2 (2) of that Regulation provides that the levying of customs duties may be re-established at This Regulation shall enter into force on the third day following its publication in the Official Journal of (') OJ No L 349, 20 . 12. 1976, p. 23 . the European Communities.

26 . 11 . 77 No L 302/39 Official Journal of the European Communities

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

Done at Brussels, 25 November 1977.

For the Commission Étienne DAVIGNON

Member of the Commission