CELEX: 51980PC0904
Language: en
Date: 1980-12-23
Title: Proposal for a COUNCIL REGULATION (EEC) amending Council Regulation (EEC) No 926/79 of 8 May 1979 on common rules for imports (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 904
Vol. 1980/0282
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(80)904 final.
                                                             23 December . 1980
                                        PI
                                        pi     i
                                                 , n.& 13
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
 amending Council Regulation ( EEC ) No 926/ 79 of 8 May 1979 on common
                            rules for imports
              ( submitted to the Council by the Commission )
C0M(80 ) 904 final .
 ---pagebreak---                       EXPLANATORY MEMORANDUM
 TheN common rules for imports were laid down by the Council in Regulation
 ( EEC ) N° 926 / 79-
 In accordance with Articles 14 and 16 of the regulation / the Commission *
 has re-examined the rules with particular reference to the provisions
on surveillance and safeguard measures and the possibility of activating
-such measures at national level *   It has concluded that , given the present
 state of industry in the Community / the rules may be retained on     N
 condition that a minimum of provisions are included enabling , the           >
 Commission to conduct investigations and check prior to adopting measures
 that are its responsibility ,,
 A proposal for a regulation to achieve this is attached for approval *
 The Commission would like to stress that the draft constitutes an
 indivisible whole -                                                        1
 ---pagebreak---                            f
         Proposal for 'Counci I Regulation ( EEC )
amending Council Regulation ( EEC ) N° 926 / 79 of 8 May 1979 on common
    '                  rules for imports
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Ecopomic Community /
and in particular Article 113 thereof ,
            '          '.I                  . ' ■
Having regard to the instruments establishing the common organiEation 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 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 ,
Whereas the Council , most recently in Regulation ( EEC) N° 926 / 79 , has laid
down common rules applicable to imports , including provisions on the
liberalization of imports , on surveillance and on safeguards ; .
o                                                                 ■
Whereas Article 14(5 )       and Article 16(1 ) of that Regulation provide that
the the Council shall decide on the amendments to be made to it ;
                               "                                            *
Whereas a review of the Regulation in the light of experience
gained in applying it has shown that it is necessary to adopt more
precise assessment criteria and more sharply defined investigation
procedures for surveillance and protective measures , while still allowing
the Commission and the Member States to introduce appropriate measures
in urgent cases ;
Whereas to this end more detailed provisions should be introduced on the
opening    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 ;
 ---pagebreak--- Whereas it is also necessary to translate into Community Law the quantitative
restrictions still applied at the national level in order to achieve greater-
transparency of the import arrangements applied by the Member States . •
              \           _   ,    .      '    '  '
HAS ADOPTED THIS REGULATION :   •
                              Article 1
Title II of Regulation ( EEC ) N° 926 / 79 - shall be replaced by the following :
" Community information , consultation and investigation procedure "*
           „                  Article 2
Article 3 of the Regulation referred to above shall be replaced by the
fo I lowing :
                              Article 3
The Commission sha,ll be informed should trends in imports appear to call
for surveillance or protective measures * This information shall contain
sufficient evidence of the increase in such imports and /or the conditions
in which they take place and of the substantial injury, or threat of            .
substantial injury , resulting therefrom *          These details must relate to
the criteria laid down in Article 14 a *         The Commission shall pass this
information to all the Member States -"              '
                              Article 3
Article 6 of the Res^ulatios referred to above shall be replaced by the
following :                 ,                •
 ---pagebreak---                               'Article 6
1*   Where , after consultation it is apparent that there is sufficient
evidence to justify initiating a proceeding the Commission shall immediately
a ) announce the initiation of a proceeding in the Official Journal of
    the European Communities ; such announcements shall give a summary of
    the information received , and provide 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 and
    may apply to be heard by the Commission in accordance with paragraph 4 ;    -
b ) commence the investigation at Community level , acting in co-operation
    with the Member States ,
2*   The Commission shall seek all information it deems to be necessary
and, where it considers it appropriate , examine and verify the records of
importers , traders , agents , producers , trade associations and organizations *
                               I
                                 \
3*   The Member States shall supply the Commission , at its request and
following procedures laid down by it , with information on developments in
the market of the product being investigated *
4*   The Commission may hear the interested parties *
5*   Information received in pursuance of this Regulation shall be used
onLy for the purpose for which it was requested *
 ---pagebreak--- 6*    Neither the Council , nor the Corfimission , 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 information *
7*    Information will ordinarily be considered to be confidential if its
disclosure is likely to have a significantly adverse effect upon the ;
supplier or the source of such information *.
                                           i
8*    Paragraphs ( 5 ) to ( 7 ) shall not preclude reference by the Community
authorities to general' information and in particular to . reasons on which
decisions taken in , pursuance of this Regulation are based *            The Community
authorities must , however , take into account the legitimate interest of the
 parties concerned         that their business secrets should not be divulged *
9*    In cases in which any            interested party does not provide, necessary .
information within a reasonable period , or significantly impedes the
investigation , findings may be made on' the basis of the facts available *
10 *   The Commission shall publish the results of its investigations in
the Official Journal of the European Communities setting out its basic
conclusions and a symmary of the reasons therefor *
                                 n
11 *   This Article shall not preclude the taking of interim protective or
urgent measures in accordanc-e with Articles 12 and 14 *               .
                                    c.                               ,
              1          •  ■ . Ar-tic le 4
                     W'W '         ' ^                           N '   . .
                  »  ^ "nr    *      t                                              v    «
Paragraphs 4 and $^f 'Arti^e 14 shall be replaced by the following ?
                                  rr "         •
" 4 * The notification shal&be equivalent to a request withi » the meaning .
  of Article 12(4) jh The « e@%ures shall operate only until the coming i«t«
                i                rt*
  operation of "Cfte j^€.i»i«c3r<takwi by the Commission * However , whfFe th »
  Commission decide4-^i©t tcclnt reduce any measure or adopts measures pursuant
  to Article 12 different ffiD* those taken by the Member State, its decision
 -shall apply as from the si«th day following its entry irvts farce * ....
 ---pagebreak---                               - 5 -
  Any Member State may refer the measures taken by the Commission to the
  Council during the three working days following the day of their entry
  into force* The Council shall meet forthwith * It (PaW/ain^rfd or annul
 the measures in question by a qualified majority *
 5*   This article shall apply until 31 December 1984 * Before 31 December 1983
 the Commission shall propose to the Council amendments to be made to it *
 The Council shall act on this proposal by a qualified majority before
 31 December 1984 *"
                             Article 5
The following Article shall be inserted after Article 14 :
                           " Article 14a
1*   The examination of the trend of imports , of the conditions in which  i
they take place and of the substantial 'injury or threat of substantial
injury to Community producers resulting from such imports , shall cover in
particular the following factors :
                                                                             ι
 ---pagebreak--- a ) the volume of imports , in particular whether there has been a significant
     increase , either , in absolute terms or relative to -production or
     consumption in the Community ; "                         #
                                I                                ....
                                  I '
b ) the prices of the imports , in particular whether there has been a
     significant price undercutting as compared with the price of a like - '
     product in the Community ;
c ) the consequent^ impact on the Community producers of similar or directly
     competitive products as indicated by trends in the relevant economic
     factors such as :                                      "
     - production ,
     - utilization of capacity .
     - stocks ,
     - sales ,
     - market share ,
     - prices ( i.e », depression of prices or prevention of price increases
   .    which otherwise would have occurred) >
     - profits ,
     - return on investment ,
     - cash flow ,                      - ' ~
     - employment *
                      .a threat of
2 « in the event that / 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 :                      .-                                                   ..
a ) rate of increase of the exports to the Community ;"                V          T     .   » .
                                                                            ..    4 .
      '                      ......                                      .'       «   :
b ) export capacity in the country of origin or export , already irt exfstence ^              .
     or which will be operational in the foreseeable future, and the'
     likelihood that the resulting exports will be to the Community;.             . .   * '
 ---pagebreak---                            è>          Article 6
                                     ι
                                  4.
     Paragraph 2b of Article 15 shall be replaced by the following :
     "2(b ) In other cases / it shall amend or revoke Community protective and
             surveillance measures ,,     Where tnis decision concerns national
             surveillance measures it shall apply as from the sixth day following
             its entry into force *      Any Member State may refer the measures taken
             by the Commission to the Council during the three working days
             following the day of their entry into force *      The Council shall meet
             forthwith ,, It can amend or annul the measures in question by a
             qualified majority ."
                                  i                         (            '
                                       Article 7
     The date of 31 December 1981 foreseen in paragraph 1 of Article 16 is
     replaced by 31 December 1984 *
                                       Article 8
     Article 17(1 ) shall be replaced by the following :
           y
"a ) The Member States other than those indicated in column 2 of Annex I
      opposite the products listed therein may retain the restrictions given in
                    *
      Annex   III .
 b ) Member States shall forward to the Commission details of any measures taken
      in conformity with the Agreement on import licensing procedures concluded by
      the Community or with the Councils' Decision of 10 December 1979 concerning
      the conclusion of the Multilateral Agreements resulting from the 1973 to 1979
      trade negotiations ( 1 ).     In particular they shall make available to the Commissia
      the rules and all information concerning the procedures for the submission of
      requests for licences / including the conditions relating to admissibility of
      persons , enterprises or institutions who submit such requests .       All changes of
      these rules shall also be sent to the Commission .
   This annex will be established on a later date on the basis of the information
    supplied by the Member States . It will include / in the case of those Member
   States who administer quotas by means of licences / the total volume and/ or total
   value of the quotas to be applied / the country or countries or the geographical
    areas to which each restriction applies .
  (1)    0J* No L 71 / 17.3.1980
 ---pagebreak---                             Article 9
Article 20 is amended by the insertion of the words   and Annex III  after
the reference to Annex I « 1 '                            .       •
                             I .                            '
                            Article 10
This Regulation shall enter into force on 1 January 1982 *
This Regulation shall be binding in its entirety and directly applicable
in alt Member States *                                         ' " '
      -  '                   - L
Done at Brussels ,                                  For the Council
                                                    The President