COMMISSION REGULATION (EC) No 754/96 of 25 April 1996 introducing prior Community surveillance of imports of certain steel cables originating in non-member countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994, on common rules for imports and repealing Regulation (EC) No 518/94 (1), as amended by Regulation (EC) No 139/96 (2), and in particular Article 11 (2) thereof,
Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83 (3), as last amended by Regulation (EC) No 168/96 (4), and in particular Article 9 thereof,
Consultations having taken place within the Committees set up under the said Regulations,
Whereas information provided by France and Portugal shows that imports into the Community of stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated, falling within CN codes 7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99 originating in non-member countries have been increasing sharply since 1991 at conditions which are likely to threaten Community producers of these products; whereas the figures available for 1995 appear to confirm this upward trend, showing imports accounting for 35 % of the market, an increase of 84 % on 1991; whereas the prices of these imports substantially undercut the cost price of Community producers;
Whereas the position of Community producers of like or directly competing products has been deteriorating since 1991, as the following economic indicators attest:
- production, which stood at 215 395 tonnes in 1991, fell to 198 846 tonnes in 1992, 173 715 tonnes in 1993, 163 826 tonnes in 1994 and, according to the latest estimates, is set to fall to 157 000 tonnes in 1995,
- utilization of the Community industry's production capacity has dropped sharply, falling 30 % in the period 1991 to 1994; capacity utilization was estimated at under 50 % between 1994 and late 1995,
- direct employment in the industry declined by 28 % in the period 1990 to 1994, dropping from 5 128 to 3 681, with the latest estimates expected to show a fall to 3 570 in 1995,
- a number of companies have recently shut down in the Netherlands, Germany, Spain and Belgium;
Whereas the trend in imports of steel cables originating in non-member countries consequently threatens to cause injury to Community producers and, in the Community interest, imports of such products should therefore be made subject to prior Community surveillance in order to obtain reliable and accurate statistical data without delay and enable import trends to be swiftly investigated,
HAS ADOPTED THIS REGULATION:
Article 1
Imports into the Community of stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated, falling within CN codes 7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99 and originating in non-member countries shall be subject to prior Community surveillance in accordance with Articles 11 and 12 of Regulation (EC) No 3285/94 and Articles 9 and 10 of Regulation (EC) No 519/94.
Article 2
The list of competent authorities referred to in Article 12 (1) of Regulation (EC) No 3285/94 and Article 10 (1) of Regulation (EC) No 519/94 to which requests for surveillance documents shall be addressed is annexed to this Regulation.
Article 3
1. Within the first 10 days of each month, Member States shall supply the Commission (DG I/E/3, fax (32-2) 295 65 05 and DG III/C/2, fax (32-2) 296 09 16) with:
(a) details of the quantities and values (expressed in ecus) for which surveillance documents were issued in the course of the preceding month;
(b) the details of actual imports for the month previous to that referred to under (a).
The information supplied shall be broken down by product, CN code and country of origin.
2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 May 1996 to 30 June 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 April 1996.