Keywords

Summary



Keywords

1 . ECSC - PRODUCTION - PRODUCTION QUOTAS FOR STEEL - SPECIAL PROBLEMS OF THE GREEK STEEL INDUSTRY - TAKEN INTO CONSIDERATION BY THE COMMUNITY AUTHORITIES - CONDITIONS AND LIMITS

( ECSC TREATY , ART . 58 )

2 . ECSC - PRODUCTION - PRODUCTION QUOTAS FOR STEEL - OBJECTIVE AND SCOPE

( ECSC TREATY , ART . 58 )

3 . ECSC - PRODUCTION - PRODUCTION QUOTAS FOR STEEL - DIFFERENTIATION OF PRODUCTION RESTRICTIONS ACCORDING TO THE DIFFERENT CATEGORIES OF PRODUCTS - PERMISSIBILITY

( ECSC TREATY , ART . 5 , FIRST PARA .)

4 . ECSC - PRODUCTION - PRODUCTION QUOTAS FOR STEEL - DECISION 1831/81 - RELIEF CLAUSE IN FAVOUR OF GREEK UNDERTAKINGS - BASIS - POLITICAL DISCRETION OF THE COMMISSION - NO DUTY TO GUARANTEE A MINIMUM RATE OF UTILIZATION OF CAPACITY FOR ALL GREEK UNDERTAKINGS

( ECSC TREATY , ART . 58 ; GREEK ACT OF ACCESSION ; DECISION 1831/81 , ART . 14A )

Summary

1 . WHILST CONSIDERATIONS OF ECONOMIC POLICY BASED ON DIFFERENCES IN STRUCTURE , LEVEL OF DEVELOPMENT AND RATE OF UTILIZATION OF PRODUCTION CAPACITY EXISTING BETWEEN GREEK STEEL UNDERTAKINGS AND THOSE IN THE REST OF THE COMMUNITY MAY BE TAKEN INTO ACCOUNT BY THE POLITICAL AUTHORITIES OF THE COMMUNITY IN THE EXERCISE OF THE POWERS CONFERRED UPON THEM BY ARTICLE 58 OF THE ECSC TREATY , WITH A VIEW TO RESOLVING CERTAIN SPECIAL PROBLEMS IN THE GREEK STEEL INDUSTRY , SUCH CONSIDERATIONS DO NOT PERMIT THE LEGAL VALIDITY OF PROVISIONS ADOPTED BY THE COMMISSION WITH REGARD TO AN INDIVIDUAL GREEK UNDERTAKING , PURSUANT TO THE GENERAL DECISIONS IN FORCE , TO BE CALLED IN QUESTION .

2.THE PURPOSE OF THE INTRODUCTION OF THE SYSTEM OF STEEL PRODUCTION QUOTAS IS NOT TO RESOLVE PROBLEMS WHICH MAY RESULT FROM DIFFERENCES IN THE STRUCTURE OR DEVELOPMENT OF UNDERTAKINGS , BUT TO SPREAD IN AN EQUITABLE MANNER AMONG ALL UNDERTAKINGS IN THE COMMUNITY THE INEVITABLE SACRIFICES ENTAILED BY THE STEEL CRISIS , REGARDLESS OF THEIR GEOGRAPHICAL LOCATION AND INDIVIDUAL STATE OF DEVELOPMENT .

3.THE DIFFERENCES IN THE RESTRICTIONS ON PRODUCTION , ACCORDING TO THE DIFFERENT CATEGORIES ESTABLISHED BY THE SUCCESSIVE GENERAL DECISIONS IMPOSING QUOTA SYSTEMS , ARE JUSTIFIED BY THE FACT THAT THE CRISIS DOES NOT AFFECT THE VARIOUS TYPES OF PRODUCTION TO THE SAME EXTENT . IN VIEW OF THE PRINCIPLE OF ECONOMY OF ACTION LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 5 OF THE ECSC TREATY , THE COMMISSION IS ENTITLED TO ADJUST ITS MEASURES OF INTERVENTION , IN RELATION TO THE DIFFERENT CATEGORIES OF PRODUCTS , TO WHAT APPEARS TO BE ESSENTIAL IN ORDER TO RESTORE THE BALANCE BETWEEN PRODUCTION AND DEMAND .

THE FACT THAT A STEEL UNDERTAKING IS SUBJECT TO RELATIVELY MORE SEVERE RE STRICTIONS BECAUSE IT HAS CONCENTRATED ITS ACTIVITIES ON PRODUCTS PARTICULARLY AFFECTED BY THE CRISIS , IN COMPARISON WITH UNDERTAKINGS WHOSE PRODUCTION IS MORE VARIED OR BIASED TOWARDS PRODUCTS WHICH ARE NOT AS SERIOUSLY AFFECTED , CANNOT BE REGARDED AS DISCRIMINATION ON THE PART OF THE COMMUNITY .

4.NOTHING IN THE SCHEME OF ARTICLE 58 OR THE GREEK ACT OF ACCESSION REQUIRES THE COMMISSION TO ADOPT , UNDER THE SYSTEM OF STEEL PRODUCTION QUOTAS ESTABLISHED BY DECISION 1831/81 , A GENERAL PROVISION IN FAVOUR OF GREEK UNDERTAKINGS SUCH AS TO GUARANTEE THEM A RATE OF UTILIZATION OF THEIR PRODUCTION CAPACITY EQUAL TO THE AVERAGE RATE OF UTILIZATION OF THE OTHER STEEL UNDERTAKINGS IN THE COMMUNITY . THE INTRODUCTION AND ADJUSTMENT OF THE SPECIAL RELIEF CLAUSE IN FAVOUR OF GREEK UNDERTAKINGS , CONTAINED IN ARTICLE 14A OF DECISION 1831/81 , FALLS WITHIN THE LAWFUL EXERCISE OF THE COMMISSION ' S DISCRETION ON MATTERS OF POLICY .