86/97/ECSC: Commission Decision of 5 March 1986 authorizing Spain to adopt protective measures in respect of imports of certain steel products (Only the Spanish text is authentic)

COMMISSION  DECISION
of 5 March 1986
authorizing Spain to adopt protective measures in respect of imports of certain steel products
(Only the Spanish text is authentic)
(86/97/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 379 thereof,
Whereas, by letter of 3 March 1986, the Spanish Government applied to the Commission for authorization to adopt, pursuant to Article 379 of the Act of Accession, protective measures in the sector of steel products;
Whereas in their application the Spanish authorities provided the Commission with information enabling the latter to establish that the Spanish steel industry is currently experiencing serious difficulties that are likely to persist;
Whereas, pursuant to Commission Decision No 3485/85/ECSC (1), production by Spanish undertakings is subject to a system of monitoring; whereas, pursuant to Commission Decision No 3717/83/ECSC (2), which has been applicable to Spanish undertakings since 1 March 1986, deliveries of certain products must be accompanied by a production certificate and an accompanying document;
Whereas deliveries to Spain from steel undertakings in the other Member States have increased sharply since January 1986; whereas import certificates issued for the month of January for the products in these sectors involve quantities of around 400 000 tonnes; whereas according to the figures provided by the Spanish Government actual deliveries in January amounted to some 261 000 tonnes; whereas deliveries of these products in recent years have averaged 100 000 tonnes a month;
Whereas deliveries of the products concerned have thus risen sharply by about 160 % on average since accession; whereas this rise has been particularly marked for the sectors covered by categories Ia, Ib and II, as defined in Decision No 3485/85/ECSC;
Whereas Spanish steel undertakings are currently in the process of restructuring and hence highly vulnerable; whereas the rise in deliveries of steel products from the other Member States is liable to jeopardize this process of restructuring; whereas the volume of deliveries of products from the other Member States is one of the main reasons for the difficulties indicated by the Spanish authorities in their application; whereas if no immediate action is taken these difficulties are likely to persist;
Whereas, under the circumstances, a quantitative restriction on deliveries from the other Member States should allow Spanish steel undertakings to continue their process of restructuring along the lines of the plans referred to in Protocol No 10 attached to the Act of Accession and to redress the situation; whereas this measure should allow the sector, and in particular the undertakings concerned, to adapt to the economy of the common market;
Whereas it is sufficient for the quantitative restriction to apply to categories Ia, Ib and II, as defined by Decision No 3485/85/ECSC, given that the increase in deliveries from the other Member States is concentrated in these three categories;
Whereas authorization of a quantitative restriction up to 31 December 1986 will serve the desired purpose;
Whereas an extension to Spanish undertakings and the Spanish steel market of the quota system applicable to undertakings in the other Member States could help to solve the problems of Spanish steel undertakings; whereas the Commission will take the necessary measures to apply that system to these undertakings as soon as possible;
Whereas in addition to these restrictions on deliveries there is the system of surveillance of products originating in non-member countries established by Commission Recommendation No 3658/85/ECSC (3); whereas this system should be reinforced by more rapid provision of information to the Commission;
Whereas the provisions adopted may not under any circumstances restrict deliveries of each of the products in question to a level below that of actual imports in 1984;
Whereas, to achieve an equitable distribution of the authorized quantities both among the Member States and among the operators concerned, the existing patterns of trade must be respected yet account must also be taken of the interests of any new operators;
Whereas the situation is so grave that the protective measures must apply even to current contracts; whereas, to avoid additional prejudice to the operators concerned, this Decision must not affect goods already in shipment; whereas, however, the Spanish authorities should be allowed the possibility of taking into account the total volume of these shipments for the purposes of distribution of total quantities;
Whereas the proper application of the provisions of this Decision requires the establishment of highly specific implementation and management rules; whereas, to prevent the disturbance in the market of the products in question from worsening, the quantities admitted into Spain up to the end of 1986 should be distributed by quarter, the quantities of the second quarter of 1986 also comprising the quantities for the days in March after this Decision takes effect; whereas, to allow adjustment to demand, it should also be possible to transfer authorizaions between the categories stipulated by this Decision up to 5 % of the limit established for each category;
Whereas the proper application of this Decision requires the establishment of joint information and consultation procedures by the Commission and the Spanish authorities;
Whereas, since this Decision can only be justified if the condition of application referred to in Article 379 of the Act of Accession are still present, the Commission may be prompted to amend or rescind it; whereas the Commission must therefore keep a constant check on the facts underlying this Decision;
Whereas the Commission is obliged to take, in the first place, measures which least disrupt the functioning of the common market; whereas, in the light of the examination that the Commission has conducted of the economic difficulties, the restrictions adopted constitute measures which, while enabling the desired result to be obtained, least disturb the functioning of the common market,