WRITTEN QUESTION No. 197/98 by Karin RIIS-JØRGENSEN to the Council. EU export of steel wire ropes to Poland
C 323/28 EN Official Journal of the European Communities 21. 10. 98 Community legislation in the field of offences committed in respect of certain Community provisions, the Member States are competent to adopt such penalties as appear to them to be appropriate. When making use of that competence, they are, however, required to comply with Community law and its general principles and hence with the principle of proportionality. In that respect, the administrative measures or penalties must not go beyond what is strictly necessary for the objectives pursued, and the control procedures must not be accompanied by a penalty which is so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the EC Treaty (6). It is on the basis of these principles that the measures taken by the Finnish authorities, the precise circumstances of which are not known to the Commission, must be assessed. The Commission is willing to contact the Finnish authorities in the light of any additional information that the Honourable Member might provide. (1) OJ L 105, 23. 4. 1983. (2) See the Directive’s recitals and, among other things, the judgment of the Court in Case C-389/95 Siegfried Klattner v Greek State [1997] ECR I-2719. Judgment of the Court in Case C-9/92 Commission of the European Communities v Hellenic Republic [1993] ECR I-4467. Judgment of the Court in Case C-297/89 Rigsadvokaten v Nicolai Christian Ryborg [1991] ECR I-1943. (3) (4) (5) For example, judgment of the Court in Case 127/86 Ministe‘re public and ministre des Finances du royaume de Belgique v Yves Ledoux [1988] ECR 3741. (6) For example, judgment of the Court in Case C-210/91 Commission of the European Communities v Hellenic Republic [1992] ECR I-6735. (98/C 323/33) WRITTEN QUESTION E-0197/98 by Karin Riis-Jłrgensen (ELDR) to the Council (11 February 1998) Subject: EU export of steel wire ropes to Poland Since November 1996, the EC steel wire ropes industry has not been able to export to Poland because of non-tariff barriers. I am also aware that Poland has recently refused to lower import duties, as required by the European Union. Tenders to supply the mining industry give preference to Polish firms. The administrative and financial burdens currently make all exports from the European Community impossible. What is more, the Polish certification system, which is applicable to EU imported wire ropes, impedes deliveries. As the tariff barriers violate the undertakings given by Poland as part of the European Agreement, I would like to know what steps the Council will undertake to ensure that these barriers are abolished in the near future? Answer (6 July 1998) The Council is aware of the problems raised by the Honourable Member. They form part of a complex set of problems - currently under examination by the Community authorities - concerning the restructuring of the Polish steel industry as a whole. One aspect, as the Honourable Member has pointed out, has to do with tariffs. The import duties on Community steel products for 1998 were set unilaterally by Poland at a higher rate than the one laid down in the Europe Agreement. It may be noted, however, that this measure did not include steel wire ropes. There are also some non-tariff barriers which considerably impede access to the Polish market in steel wire ropes. On several occasions, in particular the last meeting of the Association Committee on 4 March 1998, the Community has emphasized to the Polish authorities the importance it attaches to having this product removed from the mandatory certification system and to liberalizing the tendering procedure in the mining industry. The Commission is currently talking to the Polish authorities about this question and the situation is regularly reviewed by the Council. If necessary, the matter will be raised at ministerial level at the next meeting of the Association Council with Poland during the second half of this year