31978R0716

No L 94 / 24 8 . 4 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 716/ 78 of 7 April 1978 introducing Community surveillance of imports of footwear

THE COMMISSION OF THE EUROPEAN Whereas, in these circumstances, it is in the Commu­ COMMUNITIES , nity's interest to introduce Community surveillance of these imports by means of the import document provided for in Article 8 of Regulation (EEC) No Having regard to the Treaty establishing the European 1439/74 and Article 6 of Regulation (EEC) No Economic Community, 109 /70 ; whereas the period of use for this document should be three months ; whereas this document must be issued or endorsed by Member States, free of Having regard to Council Regulation (EEC) No 1439/74 of 4 June 1974 on common rules for charge, for any quantity requested and within a maximum of five working days following the submis­ imports ('), and in particular Article 7 thereof, sion of a declaration or an application by any Commu­ nity importer, regardless of his place of business in Having regard to Council Regulation (EEC) No the Community ; 109 / 70 of 19 December 1969 establishing common rules for imports from State-trading countries (2), and Whereas the establishment of Community surveil­ in particular Article 6 ( 1 ) (a) and (b) thereof, lance of imports removes the need for the retrospec­ tive control introduced for certain types of footwear by Commission Decision 75/ 202/ EEC of 13 March Having consulted the Committees set up under Article 5 of each of the said Regulations, 1975 (3) and extended until 31 December 1978 by Commission Decision 77/424/ EEC of 13 June 1977 (4 ), Whereas footwear imports into the Community, parti­ cularly from certain countries of origin , have increased considerably in recent years ; whereas, as a result, exports from third countries have won an increasing HAS ADOPTED THIS REGULATION : share of the Community market ;

Whereas, moreover, certain major industrialized coun­ Article 1 tries have recently taken or reinforced measures to protect their markets ; whereas these measures will put on to the world market large quantities of footwear Importation into the Community of footwear falling which , since they are barred from their now protected within heading Nos 64.01 , 64.02, 64.03 and 64.04 of traditional outlets, will tend to come on to the the Common Customs Tariff originating in the coun­ Community market in particular ; tries listed in Annex I is hereby made subject to Community surveillance in accordance with the proce­ dures set out in Articles 8 and 1 1 of Regulation (EEC) Whereas, since imports of certain of footwear are liber­ No 1439/74, Article 6 of Regulation ( EEC) No 109 /70 alized at Community level , they can be imported in and this Regulation . unlimited quantities, thereby threatening, because of the sensitivity of the market for such products, to cause serious injury to Community producers of similar or competing products ; Article 2

Whereas the import restrictions on footwear falling 1 . The products referred to in Article 1 originating within heading Nos 64.01 , 64.02, 64.03 and 64.04 of in the countries listed in Annex I may be put into the Common Customs Tariff have not yet been lifted free circulation only on production of an import docu­ throughout the Community ; whereas, however, these ment. This import document shall be issued or products are imported freely into certain Member endorsed by Member States in accordance with the States and, because of the free circulation within the conditions laid down in Article 8 ( 1 ) of Regulation Community and the sensitivity of the market for these ( EEC) No 1439/74 and Article 6 of Regulation (EEC) products, threaten to cause injury to Community No 109/70, and shall be valid for a period of three months . producers of similar or competing products ;

(') OJ No L 159, 15 . 6 . 1974, p. 1 . (3 ) OJ No L 90, 11 . 4. 1975, p. 40 . (2) OJ No L 19 , 26. 1 . 1970, p . 1 . (4) OJ No L 169 , 7. 7 . 1977, p. 32.

8 . 4 . 78 Official Journal of the European Communities No L 94/ 25

2 . In those Member States where the importation least for the countries listed in Annex I, the following matters : of these products is subject to an import authorization , that authorization shall replace the import document — the quantities, expressed in pairs and broken down referred to in paragraph 1 . according to the NIMEXE nomenclature, — the value of the imported products, expressed in Article 3 national currency. The declaration or application by the importer Article 5 regarding an import document provided for in Article 8 of Regulation (EEC) No 1439/74 and in Article 6 ( 1 ) There is hereby added to column 3 of Annex I to (b) of Regulation (EEC) No 109 /70 shall give , in addi­ Regulation (EEC) No 1439/74 references to tion to the information required therein , a breakdown subheading 64.02 A and to heading Nos 64.03 and of the quantities (in pairs) according to the NIMEXE 64.04 of the Common Customs Tariff. nomenclature .

Article 6 Article 4 Decision 77/424/ EEC is hereby repealed. The information shall be supplied to the Commission by the Member States in accordance with the condi­ Article 7 tions laid down in Article 11 ( 1 ) of Regulation ( EEC) No 1439 / 74 and in Article 6 (2) of Regulation ( EEC) This Regulation shall enter into force on 1 May 1978 . No 109 / 70 . This information , as regards the part which relates to the imports made , shall include, at It shall apply until 31 October 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 7 April 1978 .

For the Commission Wilhelm HAFERKAMP Vice-President

ANNEX

List of countries referred to in Article 1

Brazil China Hong Kong Czechoslovakia South Korea Poland Malaysia Romania Pakistan Spain Taiwan