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( 1 ) OJ NO L 131 , 29 . 5 . 1979 .

( 2 ) OJ NO L 131 , 29 . 5 . 1979 .

COMMISSION REGULATION ( EEC ) NO 388/80

OF 15 FEBRUARY 1980

INSTITUTING PROTECTIVE MEASURES ON YARN OF POLYAMIDE , FOR CARPETS , ORIGINATING IN CERTAIN THIRD COUNTRIES AND IMPORTED INTO THE UNITED KINGDOM

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 925/79 ON COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES ( 1 ), AND IN PARTICULAR ARTICLE 7 ( 1 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 926/79 ON COMMON RULES FOR IMPORTS ( 2 ), AND IN PARTICULAR ARTICLE 12 ( 1 ) THEREOF ,

HAVING CONSULTED THE ADVISORY COMMITTEES ESTABLISHED UNDER THE SAID REGULATIONS ,

WHEREAS ON 8 FEBRUARY 1980 THE UNITED KINGDOM GOVERNMENT INFORMED THE COMMISSION OF A DANGER RESULTING FROM THE TRENDS IN IMPORTS OF YARN OF POLYAMIDES , FOR CARPETS , AND REQUESTED IMMEDIATE INTERVENTION BY THE COMMISSION ;

WHEREAS THE INFORMATION SUPPLIED BY THE UNITED KINGDOM GOVERNMENT SHOWS THAT TOTAL IMPORTS FROM THIRD COUNTRIES OF YARN OF POLYAMIDES , FOR CARPETS , OTHER THAN THOSE WHICH ENTER UNDER AN AGREEMENT PROVIDING FOR A FREE-TRADE REGIME ON ENTRY INTO THE COMMUNITY OR UNDER AN AGREEMENT BETWEEN THE COMMUNITY AND ANY THIRD COUNTRY ON TRADE IN TEXTILES , INCREASED FROM APPROXIMATELY 3 400 TONNES IN 1976 TO 5 757 TONNES IN 1979 , AND THIS AT A TIME WHEN CONSUMPTION DECREASED , WHICH RESULTED IN THE MARKET SHARE HELD BY THOSE IMPORTS INCREASING FROM 4.3 % IN 1976 TO 20.7 % IN 1979 ; WHEREAS MORE RECENTLY THERE HAS BEEN A PARTICULARLY SHARP AND SUBSTANTIAL INCREASE IN IMPORTS FROM THE USA WHICH FROM 1978 TO 1979 INCREASED FROM 2 714 TO 5 015 TONNES , THUS INCREASING THEIR MARKET SHARE FROM 8.6 % IN 1978 TO 18.1 % IN 1979 AND TO 25.5 % IN THE LAST QUARTER OF 1979 ;

WHEREAS THE SITUATION OF THE UNITED KINGDOM PRODUCERS IS SERIOUS AS IS SHOWN BY THE FOLLOWING TRENDS :

- PRODUCTION HAS FALLEN FROM 27 819 TONNES IN 1976 TO 15 392 TONNES IN 1979 ,

- HOME MARKET SALES HAVE DECREASED FROM 22 075 TONNES IN 1976 TO 8 562 TONNES IN 1979 ,

- THE MARKET SHARE OF THE UNITED KINGDOM INDUSTRY HAS DECREASED FROM 56.2 % IN 1976 TO 30.9 % IN 1979 ,

- IT IS ESTIMATED THAT ACTUAL PRICES OFFERED BY IMPORTERS ARE 10 TO 20 PENCE PER KILOGRAM BELOW THE UNITED KINGDOM RATE ,

- UNITED KINGDOM PRICES WERE VIRTUALLY CONSTANT DURING 1979 , RESULTING IN DECREASING MARGINS ,

- EMPLOYEMENT HAS FALLEN FROM 35 000 IN 1976 TO 29 500 IN 1979 IN THE SYNTHETIC FIBRES INDUSTRY AND 1 600 REDUNDANCIES ARE FORESEEN ;

WHEREAS IT FOLLOWS , FROM THE FACTS GIVEN ABOVE , THAT YARN OF POLYAMIDE , FOR CARPETS , IS BEING IMPORTED INTO THE UNITED KINGDOM IN SUCH INCREASED QUANTITIES AND UNDER SUCH CONDITIONS AS TO CAUSE SUBSTANTIAL INJURY TO UNITED KINGDOM PRODUCERS OF LIKE PRODUCTS , AND THAT A CRITICAL SITUATION EXISTS IN WHICH ANY DELAY WOULD CAUSE INJURY WHICH WOULD BE DIFFICULT TO REMEDY AND WHICH CALLS FOR IMMEDIATE INTERVENTION IN THE INTERESTS OF THE COMMUNITY ;

WHEREAS , AT THE PRESENT TIME , THE IMPORTS IN QUESTION ARE NOT CAUSING THE SAME INJURY TO OTHER REGIONS OF THE COMMUNITY ; WHEREAS IT IS CONSEQUENTLY JUSTIFIABLE TO LIMIT THE SAFEGUARD MEASURES TO IMPORTS INTO THE UNITED KINGDOM ;

WHEREAS DISCUSSIONS WITH THE MAIN SUPPLIER COUNTRY FOR THE PURPOSE OF AVOIDING A DETERIORATION OF THE SITUATION IN THE UNITED KINGDOM MARKET HAVE NOT CHANGED THE TREND OF IMPORTS ;

WHEREAS IT IS THEREFORE NECESSARY AS REGARDS THE IMPORTATION OF THOSE PRODUCTS INTO THE UNITED KINGDOM TO INSTITUTE PROTECTIVE MEASURES CONSISTENT WITH THE RELEVANT INTERNATIONAL RULES ; WHEREAS THESE MEASURES MUST BE AIMED AT RESTRICTING THOSE IMPORTS TO A CEILING WHICH WOULD LIMIT THE INJURY AND ELIMINATE THE THREAT OF FURTHER INJURY ; WHEREAS , THEREFORE , THIS LIMIT SHOULD BE SET APPROXIMATELY AT THE AVERAGE VOLUME OF IMPORTS OVER THE LAST SIX MONTHS OF 1979 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . IMPORTS INTO THE UNITED KINGDOM OF YARN OF POLYAMIDES , FOR CARPETS , CORRESPONDING TO NIMEXE CODES EX 51.01-08 , 09 , 11 AND 13 , ARE HEREBY MADE SUBJECT TO THE PRODUCTION OF AN IMPORT AUTHORIZATION TO BE GRANTED BY THE UNITED KINGDOM AUTHORITIES . SUCH AUTHORIZATION SHALL BE GRANTED UP TO A TOTAL OF 7 500 TONNES IN 1980 . THIS TOTAL SHALL BE REDUCED BY THE AMOUNT ALREADY IMPORTED SINCE 1 JANUARY 1980 .

2 . PARAGRAPH 1 SHALL NOT APPLY TO IMPORTS FROM THIRD COUNTRIES WHICH ENTER UNDER AN AGREEMENT PROVIDING FOR A FREE-TRADE REGIME ON ENTRY INTO THE COMMUNITY OR UNDER AN AGREEMENT BETWEEN THE COMMUNITY AND ANY THIRD COUNTRY ON TRADE IN TEXTILE PRODUCTS .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND SHALL EXPIRE ON 31 DECEMBER 1980 .

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

DONE AT BRUSSELS , 15 FEBRUARY 1980 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT