Council Regulation (EEC) No 1766/82 of 30 June 1982 on common rules for imports from the People' s Republic of China

• Published date: 05 July 1982
• Subject Matter: Agriculture and Fisheries,Commercial policy,Provisions under Article 235 EEC
• Official Gazette Publication: Official Journal of the European Communities, L 195, 5 July 1982

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31982R1766

Council Regulation (EEC) No 1766/82 of 30 June 1982 on common rules for imports from the People' s Republic of China

Official Journal L 195 , 05/07/1982 P. 0021 - 0040
Spanish special edition: Chapter 11 Volume 15 P. 0269
Portuguese special edition Chapter 11 Volume 15 P. 0269

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COUNCIL REGULATION ( EEC ) NO 1766/82

OF 30 JUNE 1982

ON COMMON RULES FOR IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE INSTRUMENTS ESTABLISHING COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND TO THE INSTRUMENTS CONCERNING PROCESSED AGRICULTURAL PRODUCTS ADOPTED IN PURSUANCE OF ARTICLE 235 OF THE TREATY , IN PARTICULAR THE PROVISIONS OF THOSE INSTRUMENTS WHICH ALLOW FOR DEROGATION 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 ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THE COMMON COMMERCIAL POLICY MUST BE BASED ON UNIFORM PRINCIPLES ; WHEREAS THE IMPORT RULES ESTABLISHED BY REGULATION ( EEC ) NO 2532/78 ( 1 ) , AS AMENDED BY REGULATION ( EEC ) NO 799/82 ( 2 ) , ARE AN IMPORTANT ASPECT OF THAT POLICY ;

WHEREAS , PROVIDED THAT THEY ARE LISTED IN THE ANNEX TO THIS REGULATION , PRODUCTS SHALL BE IMPORTED INTO ANY PART OF THE COMMUNITY WITHOUT QUANTITATIVE RESTRICTION , SUBJECT TO THE EXCEPTIONS AND DEROGATIONS PROVIDED FOR BY COMMUNITY INSTRUMENTS ;

WHEREAS , HOWEVER , BY REASON OF THE ECONOMIC SYSTEM OF THE PEOPLE'S REPUBLIC OF CHINA , IT IS NECESSARY THAT MEMBER STATES SHOULD NOTIFY THE COMMISSION WHEN THE TREND IN IMPORTS , OR THE CONDITIONS IN WHICH IMPORTS ARE MADE , APPEAR TO CALL FOR PROTECTIVE MEASURES AND THAT THEY SHOULD IN PARTICULAR ADVISE IT OF ANY APPLICATION FOR DOCUMENTS FOR THE IMPORTATION OF A PRODUCT IN NOTABLY INCREASED QUANTITIES OR ON EXCEPTIONAL TERMS OR CONDITIONS , AND THAT THEY SHOULD DO SO BEFORE SUCH DOCUMENTS ARE ISSUED ;

WHEREAS IT IS ESSENTIAL THAT EXAMINATION SHOULD TAKE PLACE AT COMMUNITY LEVEL , IN PARTICULAR ON THE BASIS OF ANY SUCH INFORMATION AND WITHIN AN ADVISORY COMMITTEE , OF THE TERMS AND CONDITIONS OF IMPORTATION , OF IMPORT TRENDS ; OF THE VARIOUS ASPECTS OF THE ECONOMIC AND COMMERCIAL SITUATION , AND OF THE MEASURES , IF ANY , TO BE TAKEN ;

WHEREAS IT MAY BECOME NECESSARY FOR CERTAIN OF THESE IMPORTS TO BE MADE SUBJECT TO COMMUNITY SURVEILLANCE ;

WHEREAS IN THIS CASE THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS CONCERNED SHOULD BE MADE SUBJECT TO PRODUCTION OF AN IMPORT DOCUMENT SATISFYING UNIFORM CRITERIA ; WHEREAS THAT DOCUMENT MUST , ON DECLARATION OR ON SIMPLE APPLICATION BY THE IMPORTER , BE ISSUED OR ENDORSED BY THE AUTHORITIES OF THE MEMBER STATES WITHIN A CERTAIN PERIOD BUT WITHOUT THE IMPORTER THEREBY ACQUIRING ANY RIGHT TO IMPORT ; WHEREAS THE DOCUMENT MAY NOT THEREFORE BE USED UNTIL THE IMPORT RULES HAVE BEEN CHANGED ;

WHEREAS IT IS IN THE INTEREST OF THE COMMUNITY THAT THE MEMBER STATES AND THE COMMISSION SHOULD MAKE AS FULL AN EXCHANGE AS POSSIBLE OF INFORMATION RESULTING FROM EITHER COMMUNITY SURVEILLANCE OR SURVEILLANCE AT NATIONAL LEVEL ;

WHEREAS IT IS FOR THE COMMISSION AND THE COUNCIL TO ADOPT THE PROTECTIVE MEASURES CALLED FOR BY THE INTERESTS OF THE COMMUNITY WITH DUE REGARD FOR EXISTING INTERNATIONAL OBLIGATIONS ;

WHEREAS MEMBER STATES SHOULD BE EMPOWERED , IN CERTAIN CIRCUMSTANCES AND ON AN INTERIM BASIS , TO TAKE PROTECTIVE MEASURES INDIVIDUALLY ;

WHEREAS ARTICLES 9 ( 5 ) AND 11 ( 1 ) OF REGULATION ( EEC ) NO 2532/78 PROVIDE THAT THE COUNCIL SHALL DECIDE ON THE ADJUSTMENTS TO BE MADE TO THAT REGULATION ;

WHEREAS A REVIEW OF THE REGULATION , IN THE LIGHT OF EXPERIENCE GAINED IN APPLYING IT , HAS SHOWN THAT IT IS NECESSARY TO ADOPT MORE PRECISE CRITERIA FOR ASSESSING POSSIBLE INJURY AND TO INTRODUCE AN INVESTIGATION WHILE STILL ALLOWING THE COMMISSION AND THE MEMBER STATES TO INTRODUCE APPROPRIATE MEASURES IN URGENT CASES ;

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 THE PROVISIONS ON THE INVESTIGATIONS INTRODUCED BY THIS REGULATION DO NOT PREJUDICE COMMUNITY OR NATIONAL RULES CONCERNING PROFESSIONAL SECRECY ;

WHEREAS THE REGULATION THUS AMENDED SHOULD BE PUBLISHED IN ITS ENTIRETY ,

HAS ADOPTED THIS REGULATION :

TITLE I

GENERAL PRINCIPLES

ARTICLE 1

WITHOUT PREJUDICE TO ARTICLES 11 , 12 AND 13 , IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA INTO THE COMMUNITY COVERED BY THE ANNEX TO THIS REGULATION SHALL NOT BE SUBJECT TO ANY QUANTITATIVE RESTRICTION .

ARTICLE 2

1 . THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , RESOLVE THAT THE ANNEX TO THIS REGULATION BE EXTENDED TO INCLUDE OTHER PRODUCTS , PROVIDED THAT SUCH ACTION IS NOT LIABLE TO CREATE A SITUATION WHERE THE APPLICATION OF PROTECTIVE MEASURES WITHIN THE MEANING OF TITLE V WOULD BE JUSTIFIED .

2 . WHERE THE COMMISSION FINDS THAT BY VIRTUE OF THE REVOCATION OF A QUANTITATIVE RESTRICTION BY A MEMBER STATE A PRODUCT IS LIBERALIZED THROUGHOUT THE COMMUNITY , IT MAY DECIDE TO INCLUDE THAT PRODUCT IN THE COMMON LIBERALIZATION LIST , UNLESS A MEMBER STATE , IN THE COURSE OF CONSUMATION TO BE CARRIED OUT BEFOREHAND IN ACCORDANCE WITH ARTICLE 5 ( 4 ) , REQUESTS THAT A PROPOSAL WITHIN THE MEANING OF PARAGRAPH 1 OF THIS ARTICLE BE SUBMITTED TO THE COUNCIL .

TITLE II

COMMUNITY INFORMATION AND CONSULTATION PROCEDURE

ARTICLE 3

1 . MEMBER STATES SHALL NOTIFY THE COMMISSION :

( A ) WHERE TRENDS IN IMPORTS APPEAR TO CALL FOR PROTECTIVE MEASURES ;

( B ) WHERE , FOLLOWING THEIR USUAL ADMINISTRATIVE PROCEDURES AND IN THE LIGHT OF EXPERIENCE , THEY FIND THAT THE GRANTING OF AN IMPORT AUTHORIZATION APPLIED FOR MIGHT PREJUDICE THE SUCCESS OF ANY SUBSEQUENT APPLICATION OF PROTECTIVE MEASURES WITHIN THE MEANING OF TITLE V . NOTIFICATION MUST BE GIVEN IN ALL CASES WHERE APPLICATIONS ARE MADE FOR DOCUMENTS FOR THE IMPORTATION OF A PRODUCT IN UNUSUALLY INCREASED QUANTITIES OR ON EXCEPTIONAL TERMS OR CONDITIONS .

2 . THE INFORMATION REFERRED TO IN PARAGRAPH 1 SHALL CONTAIN THE AVAILABLE EVIDENCE ON THE BASIS OF THE CRITERIA LAID DOWN IN ARTICLE 9 .

3 . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES FORTHWITH .

ARTICLE 4

1 . CONSULTATIONS MAY BE HELD AT ANY TIME , EITHER AT THE REQUEST OF A MEMBER STATE OR ON THE INITIATIVE OF THE COMMISSION . SUCH CONSULTATIONS SHALL IN ANY EVENT TAKE PLACE BEFORE THE INTRODUCTION OF ANY MEASURE PURSUANT TO ARTICLES 10 , 11 OR 12 .

2 . IN THE CASE REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) , CONSULTATIONS SHALL TAKE PLACE WITHIN EIGHT WORKING DAYS FOLLOWING RECEIPT BY THE COMMISSION OF THE NOTIFICATION PROVIDED FOR IN THAT ARTICLE .

3 . IN THE CASE OF NOTIFICATIONS TO BE MADE UNDER ARTICLE 3 ( 1 ) ( B ) CONCERNING IMPORT AUTHORIZATIONS , IF WITHIN FOUR WORKING DAYS FOLLOWING RECEIPT BY THE COMMISSION OF NOTIFICATION OF THE APPLICATION MADE TO A MEMBER STATE NO CONSULTATION HAS BEEN INITIATED , THE AUTHORIZATION APPLIED FOR MAY BE GRANTED . IF , HOWEVER , CONSULTATIONS ARE HELD , A FURTHER PERIOD OF FOUR WORKING DAYS FROM THE EXPIRY OF THE ABOVE PERIOD MUST BE ALLOWED TO ELAPSE UNLESS NEITHER ANY MEMBER STATE NOR THE COMMISSION RAISED ANY OBJECTION AT THE TIME OF THE CONSULTATION TO THE AUTHORIZATION BEING GRANTED SOONER .

ARTICLE 5

1 . CONSULTATION SHALL TAKE PLACE WITHIN AN ADVISORY COMMITTEE ( HEREINAFTER CALLED " THE COMMITTEE " ) , WHICH SHALL CONSIST OF REPRESENTATIVES OF EACH MEMBER STATE WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .

2 . THE COMMITTEE SHALL MEET WHEN CONVENED BY ITS CHAIRMAN ; HE SHALL PROVIDE THE MEMBER STATES , AS PROMPTLY AS POSSIBLE , WITH ALL RELEVANT INFORMATION .

3 . 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 TO BE ADOPTED .

4 . CONSULTATIONS MAY BE IN WRITING , IF NECESSARY . THE COMMISSION SHALL IN THIS EVENT INFORM THE MEMBER STATES , WHICH MAY EXPRESS THEIR OPINION OR REQUEST ORAL CONSULTATIONS WITHIN A PERIOD OF FIVE TO EIGHT WORKING DAYS TO BE DECIDED BY THE COMMISSION .

TITLE III

COMMUNITY INVESTIGATION PROCEDURE

ARTICLE 6

1 . WHERE , AFTER CONSULTATION , IT IS APPARENT TO THE COMMISSION THAT THERE IS SUFFICIENT EVIDENCE TO JUSTIFY AN INVESTIGATION , THE COMMISSION SHALL :

( A ) ANNOUNCE THE OPENING OF AN INVESTIGATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ; SUCH ANNOUNCEMENTS SHALL GIVE A SUMMARY OF THE INFORMATION RECEIVED , AND STIPULATE THAT ALL RELEVANT INFORMATION IS TO BE COMMUNICATED TO THE COMMISSION ; IT SHALL STATE THE PERIOD WITHIN WHICH INTERESTED PARTIES MAY MAKE KNOWN THEIR VIEWS IN WRITING ;

( B ) COMMENCE THE INVESTIGATION , ACTING IN COOPERATION WITH THE MEMBER STATES .

2 . THE COMMISSION SHALL SEEK ALL INFORMATION IT DEEMS TO BE NECESSARY AND , WHERE IT CONSIDERS IT APPROPRIATE , AFTER CONSULTING THE COMMITTEE , ENDEAVOUR TO CHECK THIS INFORMATION WITH IMPORTERS , TRADERS , AGENTS , PRODUCERS , TRADE ASSOCIATIONS AND ORGANIZATIONS .

THE COMMISSION SHALL BE ASSISTED IN THIS TASK BY STAFF OF THE MEMBER STATE ON WHOSE TERRITORY THESE CHECKS ARE BEING CARRIED OUT , PROVIDED THIS MEMBER STATE SO WISHES .

3 . THE MEMBER STATES SHALL SUPPLY THE COMMISSION , AT ITS REQUEST AND FOLLOWING PROCEDURES LAID DOWN BY IT , WITH ALL INFORMATION AT THEIR DISPOSAL ON DEVELOPMENTS IN THE MARKET OF THE PRODUCT BEING INVESTIGATED .

4 . THE COMMISSION MAY HEAR THE INTERESTED NATURAL AND LEGAL PERSONS . SUCH PARTIES MUST BE HEARD...