CELEX: 51980PC0923
Language: en
Date: 1981-01-20
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 925/79 on common rules for imports from State-Trading Countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 923
Vol. 1980/0289
 ---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
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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,
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 ---pagebreak---   COMMISSION OF THE; EUROPEAN COMMUNITIES
                                                    COM(80 ) 923 final
                                                    Brussels / 20 January 1981
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
        amending Regulation ( EEC ) No 925 / 79 on common rules for imports from
                             State-Trading Countries
                ( submitted to the Council by the Commission )
                                         /•       -
                                                      '1   S  •  :*>
                                                          «•-       •L,
                                                |   . ^
C0M(80 ) 923 final
                                               '     '5
                                                         .r /   ./
 ---pagebreak---                 EXPLANATORY MEMORANDUM
The common rules for imports from State-trading countries were Laid
down by the Council in Regulation ( EEC ) N° 925 / 79 .
                      ■ '
In accordance with Articles 9(5 ) and 11(1 ) 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, th e rules may be retained on condition that a minimum of
provisions are included enabling the Commission to conduct investigations
and checks 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 .
 ---pagebreak---                   . Proposal ■for Council Regulation ( EEC )
        *
          amendi ng          Regulation ( EEC ) N® 92;/ 79                   on   common
                                   rules for imports from State'– trading countries
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European Economic '"Community ,
                                 "                   ·                                   ι
          and in particular Article 113 thereof,                 ( .
          Having regard to the instruments establishing the common organization of
    v     agricultural markets and to the instruments concerning processed
          agricultural products adopted in pursuance of Article 235 of the Treaty , and
          in particular the provisions of those instruments which allow derogations
                                          t
          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 .
                                                                     *     I    .   •
          Having regard to the proposal from the Commission ,
      /
          Whereas the Council has , most recently in Regulation ( EEC ) No 925 / 79 , laid
          down common rules for imports from State-trading countries , including provision!
<^n the liberalization of imports , on surveillance and on safeguards ;
          Whereas Article              and Article        of , that Regulation provide that
          the       Council shall decide on the amendments to be made to it ;
          whereas a review of the whole of the Regulation , in the light of experience
          g.iincd in applying it has shown that it is necessary to adopt more
          precise assessment criteria and more clearly defined investigation
          procedures for surveillance and protective measures , while . still allowing
          the Commission and the Member States to .introduce the required measures
          in urgent cases ;
           OJ No L 131 , 29.5.1979 , p.1 .
 ---pagebreak--- 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 ;
Whereas it is also necessary to translate into Community law the provisions
                                                                          »
of the Agreement on Import Licensing Procedures signed within the GATT ,
in particular in order to achieve greater transparency of the restriction
arrangements applied by the Member States ,
HAS ADOPTED THIS REGULATION :
                                   1- Article 1
                                           i
Regulation ( EEC ) No 925 / EEC is hereby amended as follows :
1 . The heading of title II is replaced by the following :
    " Community information, consultation and investigation procedure ".
                                                                  }
2 . ( a ) The following paragraph is' inserted after Article 3(1 ).
         "                       '                ' S
      2 . This    information shall contain sufficient evidence of the
           increase in such imports and / or the conditions in which they
           take place and of the serious injury , or threat of serious
           injury , resulting therefrom . These details must relate to the
           criteria laid down in Article 9 a ."                           '
                                                    &
    ( b ) Paragraph 2 of Article 3 becomes paragraph 3 .
                   '      ■     ■!'    '     ■  ■                   '
3 . The following Article 5a is inserted :
                              %
                     â> -   '
 ---pagebreak---                                           - 3 -
     ,  ^                    r •       •'                ;                          ~
                                 " Article - 5a
** 1 ,      where , after consultation, it appears             that there is sufficient
     evidence to justify initiating arv investigation , the Commission shall :
    a ) announce the initiation of an. investigation irv the Official Journal of
                                                                   »                          •
          the European Communities ; such announcement            shall give a summary of
          the information received         and specify that alt retevant information is
          to be communicated to the Commission; it shall state the period within
          which    interested parties       may make known their views in writing * ,
                                    i
    b > commence the investigation at Community level , acting in co-operation
          with the Member States .
                                                          I *                  •      »
                                                                             »
  ' 2.      The Commission shall seek alt information it deems to be necessary
     and, where it considers it appropriate, examine and verify the records of
     importers , traders , agents , producers , and trade associations and organizations .
                        •             ι
                                                                                                M
     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.
                                                                                 ■ν
                                                                           •                      *
     4.    The Commission may hear the interested parties .
                                                                                                    «
     5.     Information received in pursuance of this Regulation may                    be used
    onLy for the purpose for which it was requested.
                                                               S
    6„     Neither the Council , nor the Commission , nor Member States , nor
   employees of any of these, shall reveal any information of a confidential
    nature received in pursuance of this Regulation, or any information
    provided on a confident iat basis , without express permission from the
    supplier of such information .
                                              '     *                 *
                                                • »                     -,
    7.     Information will ordinarily be considered to be confidential if its'
    disclosure is likely to have a significant                adverse effect upon the •
    supplier or the source of such information .
 ---pagebreak---    8-   Paragraphs ( 5 ) to ( 7 ) shall not preclude reference by the institutio.ns of
                                 ι                                                 ^
  the Community and autho&it.ies of the Member States to general information and
  in particular to reasons on which decisions taken in pursuance of this Regu­
  lation are based . Such institutions and 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/ within a
reasonable period , the information requested by the Commission , or signif icaint ly
 impedes the- investigation , conclusions may be drawn 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 summary of the reasons therefor *
                                                      . ,  /
  11 *    This -Article shall not preclude the taking of interim protective OP
  urgent measures in accordance with Articles # and 8 »"                     '   • " "
    4 . Article 9(4 ) and ( 5 ) are replaced by the following :
                                                               ν
    4*        ^htification sh^ll be equivalent to a request within the meaning
    of Article ? ( 4 ) *   The measures shall operate only, until the
    Commission decision takes effect .           However , where the
    Commission decides not to introduce any measure or adopts measures pursuant
    to Article ? different from those taken by the Member State", its decision
    shall' apply as from the sixth day following its entry into force *                  I
Any Member State may re^er the measures taken by the Commission to the
 Council during the three working days following the date of their entry
 into force *     The Council shall meet forthwith * It may confirm / "amend 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             adjustments to be made to it .
The Council shall act on this proposal by a qualified majority before
                                                                                            f
31 December 1984'*"
 ---pagebreak---    5 . The following Article is inserted :
                                                    »                                              •
                                         " Arti ele 9 a .
        1 „ The examination of the trend of imports , of the conditions in which
        they take place and of the serious                injury or threat of serious
        injury to Community producers resulting from such imports ,. shall cover in
        particular the following factors :                          ; ,
                                         I
       a ) the volume of imports , in particular yihether there has been a significant
                increase , either in absolute terms or relative to production or'
                consumption in the Community ;
                                                                           >
       b > the prices of the imports , in particular whether there has been
                              '                               i
                significant price undercutting as compared with the price of a like
            /                                                                '
               product in the Community ;           /
       c ) the consequent impact on the Community producers of like                    or directly
              competitive products as indicated by trends in                           economic
               factors such as :             ,
              - production ,
              - utilization of capacity.
           ' - stocks ,                                         . <                                %
              - sales ,
              - market share, ■      • ,                                             ^
                                                                               0
              - prices ( i.e. , depression of prices or prevention of price increases
                   which otherwise would have occurred),
              ~ prof its ,
              - return on investment .
                                                                               »
              - cash flow ,                                       *
                                                            »
              - employment -                                                     . '
In the event that a threat\serious injury is alleged the Commission shall also examire
       whether it is clearly foreseeable that a particular situation ^ is likely to
       develop into actual injury .         In this regard account may be taken of, the              t
         following factors :                                                                 '
)  the          rjte of increase of the exports to the Community ;
  such          export capacity in the country of origin or export '-<T$ already exists
              or
              ■      -
                          will be operational in the foreseeable future, and the
                                                          ·              /
                                                                                                       I
                likelihood tiiat the resulting exports will be to the Community
 ---pagebreak---                               -  6  -
6 : In Article 11(1 ), " 31 December 1981 " is replaced by " 31 December 1984".
                            Article 2
                          i
                          • *                            - _
  This Regulation shall enter into force on 1 January 1982 .
 This Regulation shall be binding in its entirety and directly applicable
  in all Member States .
  Done at Brussels ,                              For the Council
                                                  The President
                                               »