31975R0646

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( 1 ) OJ N L 159 , 15 . 6 . 1974 , P . 1 .

( 2 ) OJ N L 19 , 26 . 1 . 1970 , P . 1 .

REGULATION ( EEC ) N 646/75 OF THE COMMISSION

OF 13 MARCH 1975

ESTABLISHING COMMUNITY SURVEILLANCE OVER IMPORTS OF SLIDE FASTENERS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 1439/74 ( 1 ) OF 4 JUNE 1974 ON COMMON RULES FOR IMPORTS , AND IN PARTICULAR ARTICLE 7 THEREOF ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 109/70 ( 2 ) OF 19 DECEMBER 1969 ESTABLISHING COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES , AND IN PARTICULAR ARTICLE 6 ( 1 ) ( A ) AND ( B ) THEREOF ;

WHEREAS CONSULTATIONS HAVE BEEN HELD WITHIN THE COMMITTEES SET UP UNDER ARTICLE 5 OF EACH OF THE SAID REGULATIONS ;

WHEREAS IMPORTS INTO THE COMMUNITY OF SLIDE FASTENERS , PARTICULARLY OF JAPANESE ORIGIN , HAVE INCREASED CONSIDERABLY IN RECENT YEARS ;

WHEREAS THIRD COUNTRY EXPORTERS HAVE THUS TAKEN AN INCREASING SHARE OF THE MARKET IN THE COMMUNITY ;

WHEREAS THESE DEVELOPMENTS THREATEN TO CAUSE INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS ;

WHEREAS FOR THESE REASONS IT IS NECESSARY TO BE ABLE TO FOLLOW THE TREND OF IMPORTS , BOTH OF THOSE ENVISAGED AND OF THOSE ACTUALLY EFFECTED ;

WHEREAS IN THIS SITUATION IT IS IN THE INTERESTS OF THE COMMUNITY TO ESTABLISH , BY MEANS OF THE IMPORT DOCUMENT PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) N 1439/74 AND IN ARTICLE 6 OF REGULATION ( EEC ) N 109/70 , COMMUNITY SURVEILLANCE OVER THESE IMPORTS ;

WHEREAS THE PERIOD WITHIN WHICH SUCH DOCUMENT MAY BE USED SHOULD BE FIXED AT THREE MONTHS ;

WHEREAS IN ORDER THAT THE ORIGIN OF THE PRODUCTS CONCERNED MAY BE DETERMINED WITH CERTAINTY IT IS NECESSARY TO PROVIDE THAT THIS SHOULD BE ESTABLISHED BY A CERTIFICATE OF ORIGIN ;

WHEREAS THE OBJECT OF THIS SURVEILLANCE IS PURELY DOCUMENTARY ; WHEREAS SINCE IT WILL NOT AFFECT IN ANY WAY FREEDOM OF IMPORTATION , IT DOES NOT THREATEN TO DISTORT COMPETITION WITHIN THE COMMON MARKET ; WHEREAS , MOREOVER , SURVEILLANCE WILL NOT PREJUDGE THE CONCLUSIONS WHICH MAY BE DRAWN FROM THE CURRENT INVESTIGATION INTO THE COMPETITION SITUATION IN THIS SECTOR BY THE COMMISSION , WHICH HAS A DUTY TO ENSURE THAT THE COMPETITION RULES ESTABLISHED BY THE TREATY ARE STRICTLY APPLIED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

IMPORTATION INTO THE COMMUNITY OF SLIDE FASTENERS AND THEIR PARTS , NIMEXE CODES 98.02 _ 10 AND 98.02 _ 90 , IS HEREBY MADE SUBJECT TO COMMUNITY SURVEILLANCE IN ACCORDANCE WITH THE PROCEDURES SET OUT IN ARTICLES 8 AND 11 OF REGULATION ( EEC ) N 1439/74 , IN ARTICLE 6 OF REGULATION ( EEC ) N 109/70 AND IN THIS REGULATION .

ARTICLE 2

THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS SPECIFIED IN ARTICLE 1 SHALL BE SUBJECT TO PRODUCTION OF AN IMPORT DOCUMENT . THIS DOCUMENT MAY BE USED FOR A MAXIMUM PERIOD OF THREE MONTHS .

ARTICLE 3

THE DECLARATION OR APPLICATION BY THE IMPORTER AS PROVIDED FOR IN ARTICLE 8 OF REGULATION ( EEC ) N 1439/74 AND IN ARTICLE 6 ( 1 ) ( B ) OF REGULATION ( EEC ) N 109/70 SHALL CONTAIN , IN ADDITION TO THE INFORMATION PRESCRIBED IN THE SAID ARTICLES , A BREAKDOWN BY 100 PIECES FOR COMPLETE ZIP FASTENERS AND BY PIECE OR METRE FOR PARTS THEREOF OF QUANTITIES AND OF UNIT PRICES ( CIF FREE-AT-FRONTIER ) IN RESPECT OF EACH PRODUCT IMPORTED , SUCH PRODUCT TO BE PRECISELY DEFINED BY REFERENCE TO ITS ESSENTIAL TECHNICAL CHARACTERISTICS ( CONSTITUENT MATERIALS AND DIMENSIONS ) .

ARTICLE 4

THE ORIGIN OF THE PRODUCTS UNDER COMMUNITY SURVEILLANCE SHALL BE ESTABLISHED BY A CERTIFICATE OF ORIGIN .

ARTICLE 5

THE PARTICULARS OF IMPORTS EFFECTED TO BE COMMUNICATED TO THE COMMISSION PURSUANT TO ARTICLE 11 ( 1 ) ( B ) OF REGULATION ( EEC ) N 1439/74 AND TO ARTICLE 6 ( 2 ) ( B ) OF REGULATION ( EEC ) N 109/70 SHALL INCLUDE AT LEAST THE FOLLOWING ITEMS :

_ QUANTITIES , EXPRESSED IN THE UNITS INDICATED IN ARTICLE 3 OF THIS REGULATION ;

_ VALUE OF THE PRODUCT IMPORTED , EXPRESSED IN NATIONAL CURRENCY .

ARTICLE 6

COLUMN 3 OF ANNEX I TO REGULATION ( EEC ) N 1439/74 IS HEREBY AMENDED BY THE ADDITION OF A REFERENCE TO HEADING N 98.02 OF THE COMMON CUSTOMS TARIFF .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY WITH EFFECT FROM 1 MAY 1975 AND SHALL EXPIRE ON 30 JUNE 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 MARCH 1975 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI