COMMISSION RECOMMENDATION of 15 April 1977 relating to protection against imports which constitute or threaten to constitute a serious danger to production in the common market of similar or directly competitive products (77/328/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 74 and 86 thereof,

Whereas the Commission is empowered under Article 74 of the Treaty to take any measures which are in accordance with that Treaty and to make to the Member States, under the conditions laid down, any necessary recommendations if one of the products referred to in Article 81 of the Treaty is imported into the territory of one or more Member States in quantities increased to such an extent and under such conditions that these imports cause or threaten to cause serious injury to production within the common market of like or directly competing products;

Whereas, in view of the existence of the common market in coal and steel, the introduction of national measures could not, even in the event of mutual assistance, provide an effective and adequate defence against such imports but might, on the contrary, interfere with the functioning of the common market and jeopardize its achievements, particularly the unified customs tariff applicable to non-member countries;

Whereas, for these reasons, the Commission may avail itself of the powers conferred on it by Article 74 (3) of the Treaty;

Whereas, in order to enable the Commission to exercise its powers rapidly and effectively, certain rules of procedure should be laid down and cooperation with the Member States organized;

Whereas, in order to avoid discrepancies between the actions of the Commission and those of the Member States and to ensure that, in cases where Community interests are not affected, the Member States may take appropriate measures to protect national production, provision should be made for national measures to be taken, after consultation, in the absence of Community action,

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

1. Member States shall notify the Commission of any danger resulting from trends in imports which appear to call for safeguard measures.

2. The Commission shall inform the other Member States forthwith.

Article 2

The Commission shall organize consultations with the Member States within eight working days following receipt by the Commission of the notification provided for in Article 1.

Article 3

The consultation shall in particular cover: (a) the terms and conditions of importation, import trends, and the various aspects of the economic and commercial situation as regards the product in question,

(b) the measures, if any, to be adopted.

Article 4

1. Where, following the consultations referred to in Article 2, the Commission considers that it must invoke Article 74 (3) of the Treaty it shall inform the Member States within 10 working days of the consultations.

2. Where, at the end of that period, the Commission has failed to provide the information referred to in paragraph 1, the Member State or States concerned may take national measures. However, the adoption of such measures must be preceded by consultation of the Commission and the other Member States. These consultations shall be organized by the Commission within five working days following receipt of the request from the Member State or States concerned and shall in particular cover the examination of the proposed measures in order to ascertain whether they comply with the objectives and provisions of the Treaty and with existing international agreements, the effect they will have on the functioning of the common market and any mutual assistance measures which may be necessary.

Article 5

This recommendation shall be notified to the Governments of the Member States and published in the Official Journal of the European Communities.

It shall enter into force in respect of each Member State with effect from the date of its publication in the Official Journal of the European Communities.

Done at Brussels, 15 April 1977.

For the Commission

The President

Roy JENKINS