COMMISSION REGULATION (EC) No 2412/96 of 18 December 1996 introducing prior Community surveillance of imports of certain iron and steel products covered by the ECSC and EC Treaties originating in certain third 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 last amended by Regulation (EC) No 2315/96 (2), and in particular Article 11 thereof,
Having regard to 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 1897/96 (4), and in particular Article 9 (1) thereof,
Consultations having taken place within the Committees set up under the Regulations referred to above,
Whereas by Commission Regulation (EC) No 2914/95 (5), as last amended by Regulation (EC) No 464/96 (6), imports in to the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Community were subject to a priori Community surveillance;
Whereas in accordance with the provisions of Regulations (EC) No 3285/94 and (EC) No 519/94, products covered by the Treaty establishing the European Coal and Steel Community are subject to the common rules for imports and it is therefore necessary that the arrangements for Community surveillance measures in respect of ECSC products be adopted in accordance with the provisions of those Regulations;
Whereas the steel market in the Community has been unstable in recent years, partly due to pressure from imports and notably from regions with excessive production capacity and weak domestic consumption. The steel market was still relatively unstable in 1996 and it is difficult to forecast trends for 1997 owing to the absence of recent trade statistics. However, the economic indicators which are currently available show the following trends:
A. Production. In 1995, production of crude steel in the Community amounted to 156 million tonnes, 2,6 % higher than in 1994. During the first nine months of 1996, Community production decreased by 7,7 % compared with the same period in 1995. For 1996 as a whole, production is expected to fall to 148 million tonnes, 5 % below 1995;
B. Imports. Imports of ECSC steel products into the Community from all third countries amounted to 17,9 million tonnes in 1995, 60 % of which (10,8 million tonnes) were flat and long products. According to estimates based on trends during the first months of 1996, imports for 1996 as a whole should decrease by an average of 16 %. Forecasts are, however, hard to establish with certainty because of the absence of up to date trade statistics for all Member States and important changes in trade structures. The drop in imports during 1996 was preceded by sharp increases of 30 to 35 % in 1995 and in 1994. For some ECSC steel products, these import trends were combined with very low import prices compared to the Community price level. Furthermore, the average 16 % decrease in the level of imports in 1996 reflects decreases of 37 % for semi-finishes products and 38 % for long products, whereas imports of flat products are estimated to rise by an average of 9 %. Member States are unequally affected by these trends. In some Member States, imports of certain flat products have increased by more than 100 % in the first part of 1996, compared with the same period of 1995;
C. Exports. Exports of ECSC steel products decreased by an average of 22 % in 1995 (EUR 12) compared with total exports of 23,4 million tonnes in 1994. Exports to specific markets dropped by between 13 % and 45 %. Community exports are provisionally expected to increase by around 7 % per year in 1996 and 1997;
D. Similar trends apply to certain steel products covered by the EC Treaty. Imports of certain grain-oriented and non-grain-oriented electrical sheet products subject to the EC Treaty (CN 7226 11 90 and 7226 19 90) increased by more than 100 % in 1995 and remain sensitive for the Community market. Production of steel tubes and pipes is expected to fall by around 10 % in 1996 compared with 1995. Imports of steel tubes and pipes increased by an average of 60 % in 1995 compared with 1994. Prices of products from certain third countries are 30 to 50 % below those of Community producers. The steel tubes and pipes sector is expected to remain sensitive for the Community market;
Whereas, therefore, the trend in imports of certain ECSC and EC products originating in third countries covered by this Regulation threatens to cause injury to Community producers and the interests of the Community require that imports of those products should be subject to prior Community surveillance in order to provide statistical information permitting rapid analysis of import trends;
Whereas the completion of the internal market requires that the formalities to be accomplished by Community importers be identical wherever the goods may be cleared;
Whereas release for free circulation of the products covered by this Regulation should be made subject to presentation of a surveillance document meeting uniform criteria;
Whereas that document should on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import; the document should therefore be valid only during such period as the import rules remain unchanged;
Whereas the surveillance documents issued for the purposes of Community surveillance must be valid throughout the Community, regardless of the Member State of issue;
Whereas the Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible;
Whereas the issue of surveillance documents, while subject to standard conditions at Community level, is to be the responsibility of the national authorities;
Whereas it should be recalled that the import of certain iron and steel products from certain third countries is subject not only to the presentation of a surveillance document but also of an export document to be granted in accordance with arrangements established within the framework of an agreement with those third countries and the application of this Regulation is without prejudice to those arrangements,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January 1997, the release for free circulation in the Community of iron and steel products covered by the ECSC and EC Treaties listed in Annex I, originating in non-member countries other than the countries of the European Free Trade Association (EFTA) or the countries which are parties to the Agreement on the European Economic Area (EEA), 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.
2. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature`, or in abbreviated form 'CN`). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in the Community.
Article 2
1. The release for free circulation of the products referred to in Article 1 in the Community shall be subject to presentation of a surveillance document issued by the relevant authorities of a Member State.
2. The surveillance document referred to in paragraph 1 shall be issued automatically by the competent authority in the Member States, without charge for any quantities requested, within five working days of presentation of an application by any Community importer, wherever established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise.
3. A surveillance document issued by one of the authorities listed in Annex II shall be valid throughout the Community.
4. The surveillance document shall be made out on a form corresponding to the model at Annex III. The importer's application shall include the following elements:
(a) the name and full address of the applicant (including telephone and telefax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT;
(b) if applicable, the name and full address of the declarant or representative of the applicant (including telephone and telefax numbers);
(c) the full name and address of the exporter;
(d) the exact description of the goods, including:
- their trade name,
- the combined nomenclature (CN) code(s),
- the country of origin,
- the country of consignment;
(e) the net weight, expressed in kilograms and also quantity in the unit prescribed where other than net weight, by combined nomenclature heading;
(f) the cif value of the goods in ecus at the Community frontier by combined nomenclature heading;
(g) whether the products concerned are seconds or of substandard quality (7);
(h) the proposed period and place of customs clearance;
(i) whether the application is a repeat of a previous application concerning the same contract;
(j) the following declaration, dated and signed by the applicant with the transcription of his name in capital letters:
'I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community.`
The importer shall also submit a copy of the contract of sale or purchase, the pro forma invoice and/or, in cases where the goods are not directly purchased in the country of production, a certificate of production issued by the producing steel mill.
5. Surveillance documents may be used only for such time as arrangements for liberalization of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in force or decisions taken in the framework of an agreement or the management of a quota:
- the period of validity of the surveillance document is hereby fixed at four months,
- unused or partly used surveillance documents may be renewed for an equal period.
6. The importer shall return surveillance documents to the issuing authority at the end of their period of validity.
Article 3
1. A finding that the unit price at which the transaction is effected exceeds that indicated in the surveillance document by less than 5 % or that the total value or quantity of the products presented for import exceeds the value or quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the products in question.
2. Applications for surveillance documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant.
Article 4
1. Within the first 10 days of each month, the Member States shall communicate to the Commission:
(a) details of the quantities and values (calculated in ecus) for which surveillance documents were issued during the preceding month;
(b) details of imports during the month preceding the month referred to in subparagraph (a).
The information provided by Member States shall be broken down by product, CN code and by country.
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 5
Any notices to be given hereunder shall be given to the Commission of the European Communities and shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall apply from 1 January to 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1996.