CELEX: 51977PC0326
Language: en
Date: 1977-07-07
Title: Proposal for a COUNCIL REGULATION concerning interim protective measures on imports of certain motorcycles from Japan (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 326
Vol. 1977/0108
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(77)326 final
                                          Brussels . 7 July 1977
                            Proposal for a
                           COUNCIL REGULATION
               concerning interim protective measures on
               imports of certain motorcycles from Japan
               ( submitted to the Council by the Commission )
  C0M(77 ) 326 final
 ---pagebreak---                       Explanatory Memorandum
  At the end of March 1977 Italy Informed the Commission that she had knowledge
   from Italian exporter ^, about the introduction of certain barriers against ■
   imports of ski-boots : MITI had given instructions ( or " strongly advised")
  Japanese importers to reduce by 20X in 1977 imports of ski-boots from Italy.
  These rumours have been confirmed by our mission in Tokyo .
   In consequence , the Commission , in a note of 5 April , had asked the Japanese
  authorities either to refute this information or t® give precise details
  about the nature of the barriers introduced .
  Without being definite the Japanese response of 13 May seemed to confira the
  Commission fears and invited the Community either to take action or to use
  its poweis to stop excessive exports to Japan .
  At the Article 113 Committee meeting on 27 May 1977 the Italian delegate
  reported that , following the negative reply from the Japanese , his government
  had decided uni laterally to revoke liberalisation for the following products
  from Japan in order to restore the trade balances
 - ex 87.09    Motorcycles above 380 ccs
 - ex 92.13    Sound heads and pdrts thereof
 Also on the same day that these measures were announced , the Italian
 representative stated that these measures would be withdrawn only when the
 Japanese had abolished their barriers .
< At the 113 Committee discussion of 27.5.1977, before the publication of - the
 measures made on 31.5.1977, the Commission and several Member States objected
  to the unilateral    measures taken by Italy , expressing a desire for Act iort on
 a' Community basis .
 The Commission have made further urgent requests to the Japanese author .t c
 with a view to obtaining precise indications in writing about the import
 arrangements for ski boots in relation both to legal measures and measures
 for administrative guidance*
 ---pagebreak---                                  V
          The Japanese Mission replied on 14.6.1977 that at this stage it was not
         possible to give a written reply. The information below was given orally.
         - The high level of Japanese imports of ski-boots from Italy in 1976
         ( 519.000 pairs ) had caused difficulties for the Japanese producers . As a
         result , the Japanese government had convened at the . end of last year a
         meeting with representatives of the industries and importers concerned with
         a view to defining a precise evaluation of the market situation. During
         this meeting all parties were in agreement that the Japanese market was
         characterised by an excess of supply over demand . As a result the Japanese
        government had asked importers to take into consideration the need to adapt
        the vo lume of imports to market conditions in order to avoid aggravating the
     ' tlilHfciflftedfa parallel a "monitoring >yStent" was establi shed for ski boots
                      J?    e          k    to "indicate their estimates for 1977.
        It was emphasised that no formal restrictive import measure had been
        introduced and that on the contrary a high level of imports was expected in
        1977 .
III ; It is quite clear from the Japanese reaction that , even if no formal
       restrictive measure has been introduced with regard to imports of ski-boots ,
       current imports are just the same affected . The requirement for importers
       to provide " estimates" of imports must have an effect on imports . The indicat­
       ions are moreover that a specifically itemized level of purchases from third
       country imports in 1977 has been established by the Japanese authorities .
               t
      In the light of the points indicated above ,the Commission, at a meeting on
      22 June 1977, considered that it was necessary, in view of the Japanese
      procedures against imports of ski –boots , to establish some conservative quota
      arrangements for imports of certain motorcycles originating in Japan . Taking
      account of the fact that Community exports to Japan of ski boots are pri icipp.l
      made by Italy, it appears reasonable to limit the quota to imports into Ital /.
      The Commissdon considers also that since the Japanese measures relate to a
      specific case , the Community reaction should not be extended to products
      other than motorcycles. As regards the quota level , it has been fixed in terms
      of the injury caused by the Japanese measures against exports of Italian
      ski boots .
 ---pagebreak--- V.  In consequence it*is proposed that the Council adopts the regulation
                                                               »
applying cdhservative - quota arrangements to imports into Italy of certain
motocycles from Japan in accordance with the attached draft .
 ---pagebreak---       '   •      •                t             •                                  (                     tv
                                               Proposal for a                                  ;        <!'
                                      COUNCIL REGULATION                         .   . : ' S '-
                                                                  ■                    '       •       . ■?        , , ■
                        concerning interim orotective measures on
                        imports of certain motorcycles from Japan
                                           •                                 ...     1    •
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                        η                                                                           " ( .·
                                                            •             '                         ' •' * • •] '
    Having regard to the Treaty establishing the European Economic Community, .
    and in particular Article 113 thereof ;
                    '                                         '                             • •. #                 " "•
   Having regard to the proposal from the Commission ,                                           1 i­
                                                                                                                         .«
   Whereas on 27 May 1977 Italy informed the Commission, and the other Member
    States of its intention to introduce rules for the authorisation of imports
   of certain products originating in Japan , in particular for certain motorcycles
    having a cylinder capacity of more than 380 cc ,                                          . ;
        :                 • '
                                                                                                    '' ?
   Whereas during the relevant consultations with th« Commission and the other*
• Member States . under Article 2 of Council Decision 72/ 455/ EEC
                ,of 19 December 1972 laying down certain transitional measures for 'the
 . progressive standardization of the import terms of Member States as regards •
   third countries "( 1 >, certain objections were raised to the proposed
   measures , and whereas the Commission under Article 3 thereof ,
   submitted proposals to the Council meeting these objections ;                                 'V .,
                                                     ■ 4
   Whereas consultations were held with the Japanese authorities to specify the
   effective conditions for imports to Japan of certain products ( ski boots ),}: ■
   originating in the Community , .                                                                4
                                                                                                          •' • .»        v
                                                                                                  ■i            '■     .
   Whereas in these circumstances it seems necessary to adopt interim protective
                                                                                                X   -
   measures on imports of certain motorcycles originating in Japan ; whereas ; '
   since the export of ski boots to Japan principally concerns Italian industry,
   these interim measures should be limited to imports to'Italy,                         ^ >, -
                              :          •                      "            '                . f»                  .
   HAS ADOPTED THIS REGULATION :                                                                  i
   ( 1 ) OJ n® L 299 of 31.12.1972 , p. 46
                      ,         ' •                                                              V            '
                                       '                              '
    '       " •                       •      •    ..                '                            i' }
                   ■ ■              ■                    .'             V •-                     i          '
 ---pagebreak---                         j    Article 1
            1  •                                               »
 Imports to Italy of motorcycles having a cylinder capacity of 380 cc or more ,
 corresponding   to tariff heading ex 87.09, originating in Japan , are hereby made
 subject to the production of an import authorisation issued by the Italian
 authorities .
 The total quantity of the products "for which import authorisations i
.^balL.-be _ - ^ ssued for the period l January._tp _ •
 31 December 1977 shall not exceed    18 000  pieces .
                            Article 2
 This Regulation shall come into force on the day following its publication
 in the Official Journal of the European Communities . It shall apply until
 31 December 1977 .
This Regulation shall be binding in its entirety and directly applicable in
 all Member States .
Done at Brussels ,                      For the Council