CELEX: 31976D0176
Language: en
Date: 1975-12-22 00:00:00
Title: Commission Decision of 22 December 1975 authorizing Ireland to take protective measures in respect of footwear with uppers of leather, falling within Common Customs Tariff subheading 64.02 A, under Article 135 of the Act concerning the conditions of accession and the adjustments to the Treaties

No L 32/ 22                                   Official Journal of the European Communities                                            6 . 2. 76
                                                          COMMISSION DECISION
                                                              of 22 December 1975
                   authorizing Ireland to take protective measures in respect of footwear with
                   uppers of leather, falling within Common Customs Tariff subheading 64.02 A,
                   under Article 135 of the Act concerning the conditions of accession and the
                                                          adjustments to the Treaties
                                                      (Only the English text is authentic)
                                                                     (76/ 176/ EEC)
                   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
                    Having regard to the Treaty establishing the European Economic Community,
                    Having regard to the Act concerning the conditions of accession and the adjustments to
                    the Treaties, and in particular Article 135 thereof,
                    Having regard to Commission Decision 75/478/EEC of 10 July 1975 authorizing Ireland,
                    under Article 135 of the abovementioned Act, to apply for the period until 31 December
                    1975 a rate of duty of 10 % to imports of certain footwear from and originating in the
                    United Kingdom,
                    Having regard to the application by Ireland of 1 December 1975,
                    Whereas production imports and exports of footwear have evolved in recent years as
                    follows :
                                                          Subheading 64.02 A (1 000 pairs)
                                                                                                                      % Share of imports
                                                                       Total               Apparent  % Import
                                                    Production                  Exports                                     Other
                                                                     imports             consumption penetration                          Third
                                                                                                                  UK      Member
                                                                                                                                        countries
                                                                                                                            States
 1973                                                 6 115           1 775     2 683       5 207       34 - 1   86-2        5-9           7-9
 1974                                                 5  890          2 126     2 934       5 082      41-8      83-2       10-3           6-5
 1974 January—March                                   1  794            566      (831 )     1 529       37-0     830          9-5           7-5
         April—June                                    1 545            589      (761 )     1 373       42-9     79-7       13 3            7-0
         July—September                                1 262            571      (713)      1 120       51 0     84-5         90            6-5
         October— December                             1 289            400      (629)      1 060       37-7     86-2         9-3           4-5
 1975 January—March                                    1 318            569      (633)      1 254       45-4     78-4       15-6            6-0
         April—June                                    1 126            504      (663)        967       52 1     64-7       22-1          1 3-2
         July—September                              (1 050) (■)        565      ( 516)     1 099       51-4     87-4         6-8           5-8
         ( Estimation)
 (') Based on fall in employment.
 Sonne : Central Statistics Office, Dublin .
 Whereas in the period since the assessment of the situ­                         Whereas the footwear sector, although relatively small
 ation made in the Commission Decision of 10 July                                 numerically, is composed of numerous small units
  1975, the Irish footwear industry has continued to                              situated mainly in the regions ; whereas the difficulties
 encounter         serious       difficulties which      are   liable    to       encountered as a result of the loss of jobs have a
  persist ; whereas the employment situation remains                              disproportionate effect in the regions of Ireland where
 very disquieting ; whereas since then 500 persons have                           the footwear sector often represents the main if not
  lost their jobs so that of the 5 000 persons employed                           the only local source of employment ;
  in the sector in 1973, approximately 1 500 have lost
  their jobs up to October 1975, which represents a                               Whereas production declined by 30 % in the first half
  30 % drop in the work-force ; whereas according to                              of 1975 compared to the same period in 1974 and
  information supplied by Ireland the loss of a further                           declined further in the third quarter of 1975 ; whereas
  310 jobs is imminent ;                                                          exports for the first three quarters of 1975 dropped by
 ---pagebreak--- 6. 2. 76                           Official Journal of the European Communities                                  No L 32/23
20 % compared with 1974, whereas imports falling             whereas the tariff rates which might be established for
under CCT subheading 64.02 A only declined by 1 %            the first new step on 1 July 1976 might be higher
during that same period, having in fact increased by         than those provided for in the Act of Accession ;
12% during the August-September 1975 period.                 whereas those for the second step on 1 January 1977
                                                             might be less than those provided for in the above­
                                                             mentioned Act.
Whereas although the United Kingdom remains the
largest exporter to the Irish market, its share of leather
footwear imports (CCT subheading 64.02 A) in the             Whereas in order to enable the Commission to fully
                                                             assess the economic and commercial situation of the
first three quarters of 1975 compared with the same           Irish footwear sector on the occasion of the re-exami­
three quarters in 1974 declined by 6-8 % from
                                                             nation referred to above it is necessary to have avail­
82-4 % to 76-8 % ; whereas in the same period the            able the most recent and reliable statistical data on
share taken by imports from other Member States
                                                             imports of all footwear ; whereas to enable Ireland to
increased by 39-6 % from 1 0-6 % to 1 4-8 % while
                                                             collect such data in the most effective way it is neces­
that taken by imports from third countries increased         sary to authorize Ireland to establish an automatic
by 18-5 % from 7-0 % to 8-3 % .
                                                             licensing system in respect of imports of all footwear ;
Whereas the information available to the Commission          Whereas this authorization shall be limited to the
shows that the situation within the Irish footwear           period during which the plan for the reorganization of
industry has not improved since the Commission               the sector shall be drawn up by Ireland and examined
Decision and that the serious difficulties to which it       by the Commission, that is to say until 30 June 1976,
referred still subsist .
Whereas it has not been possible for Ireland to have          HAS ADOPTED THIS DECISION :
drawn up and submitted to the Commission before 1
October 1975 a plan for the reorganization of the
sector concerned as provided for under Article 2,                                     Article 1
second paragraph of the Commission Decision
referred to above ; whereas Ireland, in a communica­          Ireland is authorized until 30 June 1976 to apply the
tion dated 7 November 1975 concerning the develop­            following rates of duty in respect of imports of foot­
ment of the footwear sector, informed the Commis­            wear with uppers of leather falling within Common
sion that it had commissioned a firm of management           Customs Tariff subheading 64.02 A :
consultants to draw up the reorganization plan ;
whereas in view of the complexity of the matter                                                Imports from
Ireland considers it will not be in a position to submit                                    United
                                                                                                          Other     Full rate
the plan to the Commission before March 1976 ;                                             Kingdom
                                                                                                         Member
                                                                                                          States
whereas the Commission will review the situation in
the light of the reorganization pjan ;
                                                              From 1 January 1976           9 %         1 8 -4 %    2.V5 %
Whereas in such circumstances the full tariff reduc­
tions due to be effected under Community Law on 1
January 1976, in particular under the provisions of the                               Article 2
Act of Accession , upon the expiry of the Commission
Decision of 10 July 1975, would expose the Irish foot­        Ireland is authorized to establish a licensing system in
wear sector to still more severe conditions of competi­       respect of all imports of all footwear. Such licences
tion which would aggravate the already serious diffi­        shall be issued free of cost and without delay.
culties encountered in this sector ; whereas the prolon­
gation of protective measures would ensure to the
                                                                                      Article 3
extent possible the most stable conditions during the
drawing up and implementation by Ireland of the reor­
ganization plan ;                                             1.    Ireland shall notify the Commission without
                                                             delay of those measures taken in application of Arti­
                                                             cles 1 and 2.
Whereas the reorganization of the footwear industry
in Ireland is liable to be jeopardized by abrupt tariff       2.    Ireland shall forward to the Commission before
reductions ; whereas in connection with the Commis­           1 March 1976 the plan for the reorganization of the
sion examination of the reorganization plan referred          footwear sector which it shall draw up.
to above, before 1 July 1976, a new tariff reduction
timetable running until 1 July 1977 might be consid­          3.    Ireland shall inform the Commission regularly
ered ; whereas such a timetable might consist of two         on the development of the situation in the sector
new steps on 1 July 1976, and 1 January 1977, in             concerned, particularly with regard to the results of
order to bring about more progressive tariff reduction ;     the surveillance authorized under Article 2 .
 ---pagebreak--- No L 32/ 24                       Official Journal of the European Communities                           6 . 2. 76
                        Article 4                                                 Article 5
1.    The Commission shall review this Decision not         This Decision is addressed to Ireland .
later than 1 June 1976.
2. Without prejudice to the review provided for in          Done at Brussels, 22 December 1975.
the preceding paragraph, the Commission may
                                                                                    For the Commission
modify or revoke this Decision if it determines that
the conditions which led to its adoption have changed                                   The President
or that its effects prove to be more restrictive than its
purpose requires.                                                                  Francois-Xavier ORTOLI