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( 1 ) OJ NO 8 , 22 . 1 . 1964 , P . 99/64 .

( 2 ) OJ NO L 217 , 8 . 8 . 1978 , P . 5 .

COMMISSION DECISION

OF 3 NOVEMBER 1980

DEROGATING FROM HIGH AUTHORITY RECOMMENDATION NO 1-64 CONCERNING AN INCREASE IN THE PROTECTIVE DUTY ON IRON AND STEEL PRODUCTS AT THE EXTERNAL FRONTIERS OF THE COMMUNITY ( 105TH DEROGATION )

( 80/1078/ECSC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ,

HAVING REGARD TO HIGH AUTHORITY RECOMMENDATION NO 1-64 TO THE GOVERNMENTS OF THE MEMBER STATES CONCERNING AN INCREASE IN THE PROTECTIVE DUTY ON IRON AND STEEL PRODUCTS AT THE EXTERNAL FRONTIERS OF THE COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATION NO 1905/78/ECSC ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,

WHEREAS THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL ON 15 JULY 1980 HAVE UNANIMOUSLY AGREED ON SIX-MONTHLY DEROGATIONS FROM THE HARMONIZED COMMUNITY CUSTOMS DUTIES FOR STEEL TO BE TAKEN FOR THE SECOND HALF-YEAR 1980 ;

WHEREAS SUCH MEASURES ARE JUSTIFIED BY THE FACT THAT THE PRODUCTS IN QUESTION ARE NOT MANUFACTURED , OR ARE MANUFACTURED IN INSUFFICIENT QUANTITIES , IN THE COMMUNITY AND THAT THEIR IMPORTATION ON PREFERENTIAL TERMS IS NOT INJURIOUS TO IRON AND STEEL UNDERTAKINGS IN THE COMMUNITY WHICH PRODUCE DIRECTLY COMPETING PRODUCTS ;

WHEREAS NEITHER THIS SUSPENSION OF DUTIES NOR THESE TARIFF QUOTAS ARE LIKELY TO JEOPARDIZE THE OBJECTIVES OF RECOMMENDATION NO 1-64 , BUT HELP TO MAINTAIN EXISTING TRADE FLOWS BETWEEN MEMBER STATES AND THIRD COUNTRIES ;

WHEREAS THESE ARE SPECIAL CASES IN THE COMMERCIAL POLICY FIELD JUSTIFYING THE AUTHORIZATION OF DEROGATION PURSUANT TO ARTICLE 3 OF RECOMMENDATION NO 1-64 ;

WHEREAS PROVISION SHOULD BE MADE TO ENSURE THAT THE QUOTAS GRANTED WILL BE USED SOLELY TO SUPPLY THE NEEDS OF INDUSTRIES IN THE IMPORTING COUNTRIES AND THAT RE- EXPORTATION IN THE UNALTERED STATE TO OTHER MEMBER STATES OF IMPORTED IRON AND STEEL PRODUCTS WILL BE PREVENTED ;

WHEREAS THE GOVERNMENTS OF THE MEMBER STATES HAVE BEEN CONSULTED ON THE TARIFF QUOTAS SET OUT BELOW ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

THE MEMBER STATES ARE HEREBY AUTHORIZED TO DEROGATE FROM THE OBLIGATIONS ARISING UNDER ARTICLE 1 OF HIGH AUTHORITY RECOMMENDATION NO 1-64 TO THE EXTENT NECESSARY TO SUSPEND , IN RESPECT OF IMPORTS FROM THIRD COUNTRIES OF THE IRON AND STEEL PRODUCTS SET OUT BELOW , DUTIES OR TARIFF QUOTAS IN RESPECT OF THE QUANTITIES AND AT THE LEVELS INDICATED :

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// //

CCT HEADING NO // DESCRIPTION // MEMBER STATE // QUOTA ( TONNES ) // DUTY % //

//

EX 73.15 A V B ) 1 // SPECIAL WIRE ROD ( OF HIGH CARBON STEEL , NOT FURTHER WORKED THAN HOT-ROLLED , BETWEEN 4.5 AND 13 MM IN DIAMETER ) FOR THE MANUFACTURE OF SPRINGS , OF NEEDLES ( KNOWN AS ' NEEDLE WIRE ' ), AND PIANO WIRE : // GERMANY BENELUX FRANCE // 1 500 1 350 1 400 // 0 0 0 //

- CONTAINING BY WEIGHT :

- 0.60 TO 1.05 % CARBON

- NOT MORE THAN 0.05 % OF SULPHUR AND PHOSPHORUS TAKEN TOGETHER

- 0.15 TO 0.30 % SILICON

- NOT MORE THAN 0.10 % OF ALL OTHER ELEMENTS WITH THE EXCEPTION OF MANGANESE AND CHROMIUM ) TAKEN TOGETHER

( GERMANY AND BENELUX ARE AUTHORIZED TO IMPORT - WITHIN THEIR QUOTAS - SPECIAL WIRE ROD OF ALLOY STEELS , BETWEEN 4.5 AND 13 MM IN DIAMETER , FOR VALVE SPRINGS , WITH THE FOLLOWING CHARACTERISTICS :

( A ) CHROME-VANADIUM PRODUCTS :

0.40 TO 0.65 % C

0.15 TO 0.30 % SI

0.60 TO 0.90 % MN

0.15 TO 1.10 % CR

0.15 TO 0.30 % VA

NOT MORE THAN 0.30 % MO , P AND S CONTENT OF LESS THAN 0.035 % EACH

( B ) CHROME-SILICON PRODUCTS :

0.50 TO 0.60 % C

1.35 TO 1.60 % SI

0.60 TO 0.80 % MN

0.55 TO 0.80 CR

P AND S CONTENT OF LESS THAN 0.035 % EACH )

ARTICLE 2

1 . THE MEMBER STATES ACCORDED QUOTAS UNDER ARTICLE 1 OF THIS DECISION SHALL ENSURE , IN LIAISON WITH THE COMMISSION , THAT SUCH QUOTAS ARE APPORTIONED AMONG THIRD COUNTRIES ON A NON-DISCRIMINATORY BASIS .

2 . THEY SHALL TAKE ALL NECESSARY STEPS TO PRECLUDE THE POSSIBILITY OF IRON AND STEEL PRODUCTS IMPORTED UNDER THE SAID TARIFF QUOTAS BEING RE-EXPORTED TO OTHER MEMBER STATES IN THE SAME STATE AS THAT IN WHICH THEY WERE IMPORTED .

ARTICLE 3

THIS DECISION IS APPLICABLE FROM 1 JULY 1980 AND SHALL REMAIN IN FORCE UNTIL 31 DECEMBER 1980 .

ARTICLE 4

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 3 NOVEMBER 1980 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT