Notice of initiation of a safeguard investigation concerning imports of certain steel products

(2002/C 77/09)

The Commission has been informed by certain Member States ("the Member States concerned"), pursuant to Article 2 of Council Regulations (EC) No 3285/94(1) and (EC) No 519/94(2) respectively, that trends in imports of certain steel products appear to call for safeguard measures.

1. Information provided to the Commission

The Member States concerned have submitted the evidence available to them in relation to the indicators specified in Article 10 of Regulation (EC) No 3285/94 and Article 8 of Regulation (EC) No 519/94, and asked the Commission to open a safeguard investigation and to impose provisional measures.

2. Product

The products in respect of which the Commission has been informed that trends in imports appear to call for safeguard measures are certain steel products ("the products concerned"). The products concerned, together with the CN codes within which they are currently classified, are listed in Annex 1 to this notice.

3. Increase in imports

The information currently available to the Commission indicates that total imports of the products concerned increased from 13 million tonnes in 1999 to 15,8 million tonnes in 2000, and to 16,6 million tonnes in 2001, and indicates that there have been recent sharp increases in imports of each of the products concerned either in absolute terms, or, relative to Community production or consumption.

4. Serious injury or threat of serious injury

The information currently available to the Commission includes data in relation to certain economic indicators specified in Article 10 of Regulation (EC) No 3285/94 and in Article 8 of Regulation (EC) No 519/94 for the main Community producers of each product which is like or directly competing with one of the products concerned. In general, the data shows a situation of stagnant or declining consumption in the Community market in the last 12 months; together with growing imports at low prices, and reduced sales volumes, prices and profitability for Community producers.

5. Procedure

Following the provisions of Article 6 of Regulation (EC) No 3285/94 and Article 5 of Regulation (EC) No 519/94; the Commission has consulted the Advisory Committee established under Article 4 of each of those regulations. Following that consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation in relation to the products concerned and the Commission has decided to open an investigation, in cooperation with the Member States, to determine whether the necessary conditions exist for the adoption of definitive safeguard measures in relation to those products.

6. Procedure for investigation

The investigation will determine whether, in relation to each of the products concerned, as a result of unforeseen developments, the product is being imported into the Community in such greatly increased quantities and on such terms or conditions as to cause, or threaten to cause, serious injury to the Community producers of like or directly competing products.

7. Written submissions, questionnaire replies and correspondence

All interested parties are entitled to make known their views in writing and submit information. Any interested party wishing to do so must submit their views and information within 21 days of the date of publication of this notice in the Official Journal of the European Communities (unless otherwise specified), failing which their views and information may not be taken into account during the investigation.

In addition, the Commission will send questionnaires to the known producers of the like or directly competing products and to any known associations of producers, in the Community. The completed questionnaires must reach the Commission within 21 days from the date on which they are sent.

All relevant information is to be communicated to the Commission. All submissions and requests made by interested parties must be made in writing (not in electronic format unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

The Commission address for correspondence is:

European Commission

Directorate-General for Trade

Directorate B

TERV 0/13

B - 1049 Brussels

Fax (32-2) 295 65 05

Telex: COMEU B 21877.

8. Hearings

The Commission may hear interested parties. Any interested party may apply to be heard orally by the Commission. The Commission will grant an oral hearing to any interested party who applies in writing within 21 days of the date of publication of this Regulation in the Official Journal of the European Communities, showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally.

9. Inspection of information

Interested parties who have made known their views or submitted information or requested to be heard in accordance with Article 6 of Regulation (EC) No 3285/94 and Article 5 of Regulation (EC) No 519/94, and representatives of the exporting countries, may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the authorities of the Community or its Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 9 of Regulation (EC) No 3285/94 or Article 7 of Regulation (EC) No 519/94, and that it is used by the Commission in the investigation.

Interested parties which have come forward may communicate their views on the information in question to the Commission; and those views may be taken into consideration where they are supported by sufficient evidence.

10. Non-cooperation

When information is not supplied within the time limits set by Regulation (EC) No 3285/94 or Regulation (EC) No 519/94, or the investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any interested party or third party has supplied it with false or misleading information, it shall disregard the information and may make use of facts available.

11. Schedule of the investigation

In accordance with Article 7 of Regulation (EC) No 3285/94 and Article 6 of Regulation (EC) No 519/94, within nine months of the date of the publication of this notice in the Official Journal of the European Communities, the Commission shall determine whether or not safeguard measures are necessary.

If the Commission determines that measures are necessary, the Commission shall take the necessary decisions in accordance with Title V of Regulations (EC) No 3285/94 and (EC) No 519/94 respectively, no later than nine months from the date of initiation, unless exceptional circumstances exist, in which case that time limit may be extended by a maximum period of two months. If the time limit is extended, the Commission will publish a Notice in the Official Journal of the European Communities setting forth the duration of the extension and a summary of the reasons.

If the Commission considers that safeguard measures are not necessary, it will, after consulting the Advisory Committee, terminate the investigation. The Decision to terminate the investigation, stating the main conclusions of the investigation and a summary of the reasons therefor, will be published in the Official Journal of the European Communities.

(1) OJ L 349, 31.12.1994, p. 53.

(2) OJ L 67, 10.3.1994, p. 89.

ANNEX 1

PRODUCTS CONCERNED

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