CELEX: 51982PC0173
Language: en
Date: 1982-05-13
Title: Proposal for a COUNCIL REGULATION (EEC) amending Council Regulation (EEC) No 2532/78 on common rules for imports from the People's Republic of China (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 173
Vol. 1982/0054
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(82)173 final
                                                          Brussels , 13 May 1982
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                             Proposal for a
                        COUNCIL REGULATION ( EEC )
         amending Council Regulation ( EEC ) No 2532 / 78 on common rules
         for imports from the People 's Republic of China
                  ( submitted to the Council by the Commission )
 C0M<82 > 173 final
 ---pagebreak---                        ΚΧΓΙ.ΛΓΙΛΊ'ΟϋΥ κ : π-'· )! ίΛ ;:ι
Tho Council , lay Regulation ( EEC ) No 2532/73 , laid doivr. common
rules for imports from China.
Tho Commission , in accordance with Articles 9 cind 11 of that
Regulation , h is rovicwod the rules in quccstion, particularly in
respect of the provisions relating to surveillance and protective
measures and the possibility of initiation of such measures at
national level .   It has conoluded that in view of the situation
of Community industry the rules could "be maintained, provided that
minimum conditions are set concerning the possible undertaking "by
the Commission of investigations or checks in respect of the adoption
of measures falling within its sphere of competence .
The Commission is accordingly forwarding to the Council thi? attached
proposal for a regulation .     This proposal embodies the text of
the provisions -ajdapted' in the reviced version of Regulation No 926/79
( common rules for imports ), except for those relating to the
replacement of the joint liberalization list by a list of Residual
restrictions .   It is similar to the proposal currently ur.d.^r
discussion in the Council ooncerning the amendment of Regulation
No 925/79 ( common rules for imports from state–trading countries ).
 ---pagebreak---                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
          amending Regulation ( EEC ) No 2532 / 78 on common rules for imports
          from the People 's Republic of China
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
 Having regard to the instruments establishing common organization of agricultural
 markets and to the instruments concerning processed agricultural products adopted
 in pursuance of Article 235 of' the Treaty , in particular the provisions of those
 instruments which allow for derogation from the general principle that all
 quantitative restrictions or measures having equivalent effect may be replaced
 solely by the measures provided for in those same instruments ,
 Having regard to the proposal from the Commission ,
                                                          1
 Wherees che Council , by Regulation ( EEC ) No 2532 / 78 , as last amended by Regulation
                    2              !
 ( EEC ) No           , laid down common rules for imports from the People 's Republic
 of China which in particular included provisions relating to the liberalization of
 imports , surveillance and protective measures ;
■Whereas Article 9(5 ) and Article 11(1 ) of the aforementioned Regulation stipulate
 that the Council is to decide on any amendments to be made to it ;
 Whereas a review of that Regulation , in the light of experience gained in applying
 it , has shown that it is necessary to adopt more precise criteria for assessing
 possible injury and to introduce an investigation procedure , while still allowing
 the Commission and the Member States to introduce appropriate measures in urgent
 cases ;
   OJ No L 306 , 31.10.1978 , p.1
 20J No L
 ---pagebreak---                                - 2 -
                   J
Whereas , to this end , more detailed provisions should be introduced
on the   lopening of investigations , on the checks and inspections required ,
on the hearing of those concerned , the treatment of information obtained
and the criteria for assessing injury ,
HAS ADOPTED THIS REGULAtlON :
                                 Article 1
Regulation ( EEC )  'No 2532 / 78 is hereby amended as follows :
1.  The following paragraph 2 shall be inserted in Article 3 :
    "2 .   This information must include the available evidence
           on the basis of the     Icriteria laid down in Article
           5 d'."
    The former paragraph 2 becomes paragraph 3 .
2.  The following Title II a shall be inserted after Title II
    of the Regulation ih question :
 ---pagebreak---                                 TlTi.K.'   II a
                  Community investigation procedure
                                 ArtUic   5 a
      1,     Where, after consultation, ii is apparent to the
      Commission that ilu-re is sufficient evidence to justify
      an investigation , the Commission slull :
      (a) announce the opening of an investigation in the
            Official Journal of the European Communities;
            such announcements shall give a summary of the
            information received        and stipulate that all
            relevant information is to be communicated to the
            Commission ; it shall state the period within which
            interested parties may make known their views in
            writing ;
      (b) commence the investigation, acting in cooperation
            with the Member Stairs .
i
'      2.     The Commission shall seek all information it
j      deems to be necessary and, where it considers it
i      appropriate,       after  consulting    the   Committee,
ι   .
       endeavour io check tins information with importers,
       trailers, ,;» j;en»s, producers, trade associations and
       organizations .
!      The Commission shall be assisted in this task by staff
        of the Member State on whose territory these checks
        are being carried out, provided this Member State so
  j     wishes.
  f     3.    The       Member     States    shall  supply   the
        Commission , at its request and following procedures
  ;     laid down by it, with al! information at their disposal
        on developments in the market of the product being
        investigated .
       4.     I he Commission may hear the imcrcstcd natural
       and Icg^l prisons . Such parties must be heart' where
       they have applied in writing within the period laid
      down in the notice published in the Official Journal of
       the European Communities, showing that they arc
       actually likely to be affected by the outcome of the
       investigations and that there are special reasons for
       them to be heard orally.
       5.     Where the information requested by the
      Commission is not supplied within a reasonable
      period , or the investigation is significantly impeded,
      findings may be made on she basis of the facts
      available.
 ---pagebreak---                              Artide   5 b
1 . . At the end of the investigation , the Commission
shall Milxnit a report on the retuiis to the Committee.
2.       If the Commission considers that no Community
surveillance or protective measures are necessary, ii
shall publish in the Official Journal of the European
Communities, after consulting the Comrnitt.ee, a
notice that the investigations are closed , stating the
main conclusions of the investigations.
3. If the Commission considers that Community
surveillance or protective measures arc necessary, ii
shall take the necessary decisions in accordance with
Titles III and IV .
 A. The provisions of this Title shall not preclude
 the taking, at any lime , of/ Surveillance measures in
 accordance with Article.               ' or , itl an
 emergency , protective measures in accordance with
 Articles       7 to 10 ,
 In the latter case, the Commission shall immediately
 take the investigation measures it considers to be Stilt
 necessary. The results of the investigation shall be
 used 10 re-examine the measures taken.
                                Article      5 c
      1 . Information received in pursuance of this Regu­
     lation shall be used only for the purpose for which it
     was requested .
               Neither the Council , nor the Commission , nor
      ^        Member States, nor the officials of any of
               these, shall reveal      any information of a
               confidential nature    received in pursuance of
               this Regulation, or    any information provided
               on a confidential         basis, without specific
               permission from the supplier of such infor­
               mation.
          (b) Each request for confidentiality shall state the
               reasons why the information is confidential.
               However, if it appears that a request for
               confidentiality is unjustified and if the supplier
     -•        of the information wishes neither to make it
               public nor to auiliori /.c its disclosure in general
               terms or in the form of a summary, the infor­
               mation concerned may be disregarded.
      3.     Information will in any case be considered to be
      confidential if its disclosure is likeiy to have a
      significantly adverse rffcct upon the supplier or the
      source of such inform - tior*.
     4 . The abo"« f«.r »i»raphs shall not preclude
      reference by the Cowminity authorities to general
      information an 1 in particular to -casons on which
      decisions t*kef i>i pursuance o:             Regulation arc
      based. These' . Hthom'cs trust,                    take in?*?
      account th? i.-^'.ilmate inter-:..; th<?         ar.i       •
      persons co*.< ;.icd thai their husin ?»s s-cre -i showtu
            be di-'u > d.
 ---pagebreak---                           Artiilt  5 u
1 . The examination of the trend of imports , of the
conditions in which ihey lake pi .tee and of ihc sub­
stantial injury or threat of substantial injury 10
Community producers resulting from such imports,
shall cover in particular the following factors :
(a) the volume of imports, in particular where there
     has been a significant increase, either in absolute
     terms or relative to production or consumption in
     the Community ;                              N
(b) the prices of the imports , in particular where ;
     there has been significant price undercutting as
     compared with the price of a like product in the
     Community ;
(c) the con<e<iueiu impact on the Community
     producers of similar or directly competitive
   products as indicated by trends in certain
   economic factors such as :
   – production,
       ' utilization of capacity.
   – stocks,
   «– sales ,
    – market share,
         prices (i.e. depression of prices or prevention ,
         of price increases which would normally have
         occurred),
    –- profits,
    – return on capital employed,
    – cash flow,
    – employment.
2 . Where a threat of serious injury is alleged the
Commission shall also examine whether it is clearly
foreseeable that a particular situation is likely to
develop into actual injury. In this regard account may
be taken of factors such as :
 ---pagebreak---       (a) rate of increase of exports to the Community;
      0>) export capacity of China, already in existence or which will be
               operational in the foreseeable future, and the likelihood that the
              resulting exports will be to the Community."
  Paragraphs 4 and 5 of Article 9 shall be replaced by the following :
     "4 .      The notification shall be equivalent to a request within the meaning
     of Article 7 ' X4 ) • The measures shall operate only until the coming into
     operation of the decision taken by the Commission . However , where the
     Commission decides not to introduce any measure or adopts , pursuant to
     Article 7, measures different from thooo taken by the Member State , its
     deoision shall apply from the sixth day following that of its entry into
     force , unless the Member State which has taken the measures refers the
     decision to the Council ; in that case , the national measures shall continue
     to operate until the entry into force of the decision taken by the Council ,
     but for a maximum period of one month following the referral of the matter
     to the latter. The Council , acting by a qualified majority , shall take a
     decision before the expiry of that period . The Council may , under the
     same conditions, decide in certain cases to extend this period, which may
     not , under any circumstances , exceed three months overall .
     The preceding subparagraph, shall not affect the Member States' right of
     reoourse under Article . 7.(5 ) and ( 6 ).
     5. This Article shall apply under 31 December 1984 - Not later than
     31 December 1983 » the Commission shall proposo to the Council any amendments
     to be made to it . The Council , acting by a qualified majority , shall take
     a decision on such proposals before 31 December 19 84 ."
                                     I
                    »
              ? •
4.   In . ( Article 11 , "31 December 1981 " shall be replaced by " 31 Decembe.r 1984",.
 ---pagebreak---                                        - 7 -
                                      Art i ^1 o _   2
                                                 ,
                                                                     t.
This Regulation shall enter into force on the third day following that of its
publication in tho Official Journal of tho IXiropoon C oir.n.uni tion „
This Regulation shall lac . finding in its entirety and directly applicable
in til Member States -,      1
Don® at Braaoels ,
                                                   Por the Council
                                                     The President