L 14/32 Official Journal of the European Communities 19.1.1999 COMMISSION DECISION of 6 January 1999 pursuant to Council Regulation (EC) No 3286/94 concerning the Brazilian import licensing regime for steel plates (notified under document number C(1998) 4468) (1999/44/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation ('), as last amended by Regulation (EC) No 356/95 (), and in particular Articles 11 and 14 thereof, After consulting the Advisory Committee, Whereas: A. Procedural background (1)  On 30 April 1997 Eurofer (European Confedera- tion of Iron and Steel Industries) lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter, the Regulation) on behalf of its members, which are both national federations and individual companies located in 12 out of 15 European Union Member States and represent more than 90 % of European Coal and Steel Community crude steel production. (2)  The complainant alleged that the importation of flat stainless steel products into Brazil was subject to non-automatic import licensing. In the view of Eurofer, in May 1996 the practice of the Brazilian authorities responsible for issuing import licences was changed, to the effect that licences began to be granted only if a payment term of maximum 30 days was foreseen for the merchandise to be imported. The complainant pointed out that no announcement of this change or explanation of the legal basis authorising the dismissal of licence applications  experienced by importers of Community products was provided by Brazilian authorities, and that the change appeared to result from internal guidelines of the Brazilian adminis- tration. () OJ L 349, 31. 12. 1994, p. 71. () OJ L 41, 23. 2. 1995, p. 3. @) Acccording to the complainant, enforcement of the new financing deadline was progressively tightened in November 1996, when a written commitment to respect it began to be required of importers of steel products, and again in January 1997, when a new computerised monitoring system for the issuance of import licences (Siscomex) entered into force. Finally, the complainant pointed out that a general regime on exchange rate contracts for payment of imports (requiring advance settlement of exchange rate contracts for payment of imports for which payment terms are below 360 days) was adopted on 25 March 1997 through Brazilian President’s Medida Proviséria No 1569, which in turn was implemented by the Bank of Brazil by means of Circular No 2747, also adopted on 25 March 1997. Eurofer contended that this legislation did not replace the special rules applicable to the granting of import licences to steel products, but allowed Brazilian authorities to enforce the measures specific to steel products more strictly and ef- fectively. The complainant alleged that the abovementioned Brazilian practices constituted obstacles to trade within the meaning of Article 2(1) of the Regula- tion as they were in violation of Brazil’s inter- national commitments under the WTO and that such obstacles were producing adverse trade effects for the complainant. In particular, the complainant alleged that the Brazilian import licensing regime applicable to stainless steel products was in violation of Articles XI, III:4 and X of GATT 1994 as well as Articles 1(4), 3(3), 5 and 1(9) of the WTO Agreement on import licensing procedures. As far as adverse trade effects are concerned, the complainant alleged that Community producers’ and exporters’ business was severely disrupted. With the introduction of the import licensing regime in question, a number of imports were held up at the port of entry, incurring substantial supplementary costs. In addition, the elimination of the customary payment terms of 180 days meant