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COMMISSION RECOMMENDATION No 1160/87/ECSC

of 27 April 1987

on Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,

Whereas by Recommendation No 3658/85/ECSC (1) the Commission subjected to a Community monitoring system the imports into the Community of certain iron and steel products covered by the Treaty establishing the ropean Coal and Steel Community;

Whereas the reasons which originally led the Commission to introduce this measure, namely the need to ensure fuller information on both the likely level of imports and the terms relating to such imports, continue to apply,

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

1. The release for free circulation in the Community of iron and steel products covered by the ECSC Treaty, listed in Annexes III A and III B and originating in non-member countries, shall be subject to the issue of an import licence.

2. The peoducts referred to in paragraph 1 shall be considered as being of first-choice quality until proof to the contrary is supplied by the importer.

3. The import licence shall be issued or endorsed by the Member States, free of charge and for any quantities requested, upon receipt of the application and in any case within not more than 10 working days from the submission of the completed application and presentation of two duplicates of the relevant purchase contract(s) and the vendor's order confirmation(s). The originals of these documents as well as the pro forma invoice must be produced if required by the licence-issuing authority.

4. Paragraph 1 shall apply without prejudice to the maintenance of existing quantitative restrictions imposed by certain Member States on certain iron and steel products in respect of certain non-member cuntries.

5. The period of validity of the import licence is hereby fixed at two months, without prejudice to possible changes in the import arrangements in force.

Article 2

1. The importer's application must state for goods listed in Annexes III A and III B:

(a) the name, address, occupation, telephone number and telex number of the importer;

(b) the description of the goods under the Common Customs Tariff;

(c) the full Common Customs Tariff number and NIMEXE code;

(d) the country of origin;

(e) the country of consignment;

(f) the net weight, by individual lots;

(g) the currency and value invoiced (cif);

(h) the proposed date and place of customs clearance;

(i) where necessary, the precise characteristics establishing any claim that the goods are seconds or of substandard quality.

2. The following additional information shall also be supplied by the importer for goods listed in Annex III A:

A. For goods originating in and consigned direct from one of the countries listed in Annex I (direct importation):

(a) a full commercial description of the goods, including exact specfications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;

(b) the delivered price per tonne, exclusive of VAT, including transport costs from the basing point to point of delivery, and all extras or rebates;

(c) particulars of:

(i) the price lists of the producer in the non-member country of origin, chosen for calculating the delivered price, including the date of the chosen lists; or

(ii) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists; or

(iii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including its date.

B. For goods originating in and consigned direct from one of the countries listed in Annex II (direct importation):

(a) a full commercial description of the goods, including exact specifications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;

(b) the delivered price per tonne, exclusive of VAT, including transport costs to point of delivery and all extras, rebates and any other factors relevant to calculation of the delivered price;

(c) particulars of:

(i) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists; or

(ii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including its date.

(d) for goods corresponding to NIMEXE codes 73.01-10, 73.01-21 or 73.01-31, the name and address of the final purchaser, where known.

C. For goods originating in one of the countries listed in Annex I or II but consigned from any non-member country other than the country of origin (indirect importation), and for goods originating in a non-member country not listed in Annex I or II:

(a) a complete description corresponding to that appearing in the list of products subject to the basic prices in force and details of the exporter and the place of delivery;

(b) the cif price at the Community frontier, per tonne, in the currency of the contract, plus customs duties applicable and unloading costs;

(c) for goods corresponding to NIMEXE codes 73.01-10, 73.01-21 or 73.01-31, the name and address of the final purchaser, where known.

3. The importer shall declare that neither he nor the purchaser will be granted any reduction, rebate or other form of refund not mentioned in the contract for the transaction, either at the time of the transaction or subsequently.

4. The importer shall certify that his application for an import licence is accurate.

5. The importer shall state whether his application is a repeat of a previous application concerning the same delivery.

Article 3

1. When a licence to import goods originating in the countries listed in Annex I or II is granted, Member States shall notify the Commission of any difference between:

- the delivered price calculated on the basis of the reference price list, and

- the delivered price calculated on the basis of the contract or the pro forma invoice.

They shall furnish all necessary documents, in particular the duplicates of licence applications, purchase contracts and vendor's order confirmations, whenever the price difference noted is considerable or relates to a large quantity.

2. When a licence is granted to import goods:

- originating in non-member countries other than those listed in Annex I or II,

- originating in a country listed in Annex I or II, but consigned from a non-member country other than the country of origin (indirect importation),

Member States shall inform the Commission of any difference, in ECU per tonne, between:

- the basic price as published in the Official Journal of the European Communities and

- the cif price at the Community, frontier, including customs duties applicable and unloading costs.

3. Within the first 10 days of each month, Member States shall notify the Commission of the tonnage and values (calculated on the basis of the cif prices) for which import licences were issued during the preceding month.

4. The information supplied by Member States shall include:

(a) a breakdown by country of origin;

(b) a breakdown by product (Common Customs Tariff subheading and NIMEXE code) for each country of origin;

(c) for each country of origin, the quantities of products declared as being seconds or of substandard quality;

(d) within the total of any one product originating in any one country, the quantities not imported direct from that country and, in such cases, an indication of the country of consignment. 5. Within the first 10 days of each month, Member States shall notify to the Commission:

(a) the tonnage and the values (calculated on the basis of the cif price for which import licences expired during the preceding month without having been fully or partially used;

(b) the tonnage and the values (calculated on the basis of the cif price) for which previously issued import licences were renewed in whole or in part in the preceding month.

Article 4

This Recommendation shall enter into force on the day of its publication in the Official Journal of the European Communites.

It shall apply until 31 December 1987.

Done at Brussels, 27 April 1987.

For the Commission

Willy DE CLERCQ

Member of the Commission

(1) OJ No L 348, 24. 12. 1985, p. 32.

ANNEX I

Austria

Finland

Norway

Sweden

ANNEX II

1.2 // Brazil Bulgaria Czechoslovakia Hungary // Korea Poland Romania Venezuela

ANNEX III A

List of products the importation of which is subject to the issue of an import document (quantity and price surveillance)

NIMEXE code

1.2.3 // 73.01-21 73.01-23 73.01-25 73.01-27 73.01-31 73.01-35 73.01-41 73.01-49 73.02-01 73.02-09 73.07-12 73.07-21 73.07-24 73.08-03 73.08-05 73.08-07 73.08-21 73.08-25 73.08-29 73.08-41 // 73.08-45 73.08-49 73.10-11 73.10-12 73.10-14 73.10-15 73.10-17 73.11-11 73.11-12 73.11-14 73.11-16 73.11-19 73.12-19 73.13-16 73.13-17 73.13-19 73.13-21 73.13-23 73.13-26 // 73.13-41 73.13-43 73.13-45 73.13-47 73.13-49 73.13-67 73.13-72 73.73-23 73.73-25 73.73-26 73.73-29 73.73-33 73.73-35 73.73-36 73.73-39 73.75-19 73.75-23 73.75-33 73.75-43 73.75-53 73.75-63 ANNEX III B

List of products for which import is subject to the issue of an import document (quantity monitoring)

NIMEXE code

1.2.3 // 73.01-10 73.06-10 73.06-20 73.06-30 73.08-01 73.09-00 73.10-18 73.10-42 73.11-41 73.11-50 73.12-11 73.12-21 73.12-51 73.12-71 73.13-11 73.13-32 73.13-34 73.13-36 73.13-50 73.13-64 73.13-65 73.13-68 73.13-74 // 73.13-76 73.13-78 73.13-79 73.13-82 73.13-84 73.13-86 73.13-87 73.13-88 73.13-89 73.13-92 73.61-20 73.62-10 73.62-30 73.63-29 73.63-72 73.64-20 73.64-72 73.65-21 73.65-23 73.65-25 73.65-53 73.65-55 73.65-70 73.65-81 // 73.71-21 73.71-23 73.71-24 73.71-29 73.71-51 73.71-52 73.72-11 73.72-13 73.72-19 73.72-33 73.72-39 73.73-72 73.74-21 73.74-23 73.74-29 73.74-72 73.75-11 73.75-54 73.75-59 73.75-73 73.75-79 73.75-83 73.75-84 73.75-89