WRITTEN QUESTION No. 197/98 by Karin RIIS-JØRGENSEN to the Council. EU export of steel wire ropes to Poland
Date: 1998-02-11
Institutions: European Parliament, RIIS-JOERGENSEN
Subjects: CCT duties, EU production, Poland, export (EU), iron and steel product, non-tariff barrier, tariff barrier, trade restriction

C 323/28

EN

Official Journal of the European Communities

21. 10. 98

Community  legislation  in  the  field  of  offences  committed  in  respect  of  certain  Community  provisions,  the
Member States are competent to adopt such penalties as appear to them to be appropriate. When making use of
that  competence,  they  are,  however,  required  to  comply  with  Community  law  and  its  general  principles  and
hence with the principle of proportionality. In that respect, the administrative measures or penalties must not go
beyond what is strictly necessary for the objectives pursued, and the control procedures must not be accompanied
by a penalty which is so disproportionate to the gravity of the infringement that it becomes an obstacle to the
freedoms enshrined in the EC Treaty (6).

It is on the basis of these principles that the measures taken by the Finnish authorities, the precise circumstances
of which are not known to the Commission, must be assessed. The Commission is willing to contact the Finnish
authorities in the light of any additional information that the Honourable Member might provide.

(1)  OJ L 105, 23.4.1983.
(2)  See the Directive’s recitals and, among other things, the judgment of the Court in Case C-389/95 Siegfried Klattner v Greek State [1997]

ECR I-2719.
Judgment of the Court in Case C-9/92 Commission of the European Communities v Hellenic Republic [1993] ECR I-4467.
Judgment of the Court in Case C-297/89 Rigsadvokaten v Nicolai Christian Ryborg [1991] ECR I-1943.

(3) 
(4) 
(5)  For example, judgment of the Court in Case 127/86 Ministe‘re public and ministre des Finances du royaume de Belgique v Yves Ledoux

[1988] ECR 3741.

(6)  For example, judgment of the Court in Case C-210/91 Commission of the European Communities v Hellenic Republic [1992] ECR I-6735.

(98/C 323/33)

WRITTEN QUESTION E-0197/98

by Karin Riis-Jłrgensen (ELDR) to the Council

(11 February 1998)

Subject: EU export of steel wire ropes to Poland

Since  November  1996,  the  EC  steel  wire  ropes  industry  has  not  been  able  to  export  to  Poland  because  of
non-tariff barriers. I am also aware that Poland has recently refused to lower import duties, as required by the
European Union.

Tenders to supply the mining industry give preference to Polish firms. The administrative and financial burdens
currently  make  all  exports  from  the  European  Community  impossible.  What  is  more,  the  Polish  certification
system, which is applicable to EU imported wire ropes, impedes deliveries.

As the tariff barriers violate the undertakings given by Poland as part of the European Agreement, I would like to
know what steps the Council will undertake to ensure that these barriers are abolished in the near future?

Answer

(6 July 1998)

The Council is aware of the problems raised by the Honourable Member. They form part of a complex set of
problems  (cid:150)  currently  under  examination  by  the  Community  authorities  (cid:150)  concerning  the  restructuring  of  the
Polish steel industry as a whole.

One aspect, as the Honourable Member has pointed out, has to do with tariffs. The import duties on Community
steel products for 1998 were set unilaterally by Poland at a higher rate than the one laid down in the Europe
Agreement. It may be noted, however, that this measure did not include steel wire ropes.

There  are  also  some  non-tariff  barriers  which  considerably  impede  access  to  the  Polish  market  in  steel  wire
ropes. On several occasions, in particular the last meeting of the Association Committee on 4 March 1998, the
Community has emphasized to the Polish authorities the importance it attaches to having this product removed
from the mandatory certification system and to liberalizing the tendering procedure in the mining industry.

The Commission is currently talking to the Polish authorities about this question and the situation is regularly
reviewed by the Council. If necessary, the matter will be raised at ministerial level at the next meeting of the
Association Council with Poland during the second half of this year.