CELEX: 31976D0030
Language: en
Date: 1975-12-17 00:00:00
Title: Commission Decision of 17 December 1975 derogating from High Authority recommendation 1/64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (seventy-third derogation)

No L 6/ 16                                Official Journal of the European Communities                               13 . 1 . 76
                                                    COMMISSION DECISION
                                                        of 17 December 1975
              derogating from High Authority recommendation 1 /64 concerning an increase
              in the protective duty on iron and steel products at the external frontiers of the
                                                             Community
                                                     (seventy-third derogation)
                                                             (76/30/ECSC)
THE COMMISSION OF THE EUROPEAN                                        Whereas they have been applied from 1 July 1971
COMMUNITIES,                                                          until 31 December 1975 under the above conditions
                                                                      and it is appropriate to continue to apply them during
                                                                      the year 1976 ;
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Articles
2 to 5, 8 , 71 and 74 thereof,                                        Whereas this offer of tariff preferences extends to a
                                                                      number of iron and steel products which are covered
                                                                      by the Treaty establishing the European Coal and
Having regard to High Authority recommendation                        Steel Community and were the subject of High
1 /64 of 15 January 1964 to the Governments of the                    Authority recommendation 1 /64 of 15 January 1964 ;
Member States concerning an increase in the protec­
tive duty on iron and steel products at the external
frontiers of the Community ( x), and in particular                    Whereas the commercial policy objectives of this offer
Article 3 thereof,
                                                                      justify the authorization of a derogation from the obli­
                                                                      gations arising under Article 1 of the abovementioned
                                                                      recommendation so as to allow the duty-free importa­
Whereas the European Communities have made an                         tion, within the limits of the quotas and ceilings speci­
offer within the framework of UNCTAD concerning                       fied in Article 1 of this Decision , of iron and steel
the granting of tariff preferences for manufactures and               products originating in the third countries concerned ;
semi-manufactures from developing countries ;
whereas the preferential treatment envisaged by this
offer extends in principle to all industrial manufac­
tures and semi-manufactures in Chapters 25 to 99 of                   Whereas to this end the preferential import possibili­
the Brussels Nomenclature originating in developing                   ties offered by the Communities should be allocated
countries ; whereas preferential treatment is accorded                among the Member States in such a way as to ensure
to imports up to a ceiling calculated in terms of value               equal and continuous access for all Community impor­
for each product on a uniform basis for all products ;                ters and the uninterrupted application of the preferen­
whereas, with a view to limiting the preference given                 tial rates envisaged to all the imports in question in
to the more competitive developing countries and                      all Member States until such time as those import
reserving a substantial share for the less competitive,               possibilities have been exhausted ;
preferential imports from any one developing country
may not, as a general rule, exceed 50 % of the ceiling
                                                                      Whereas the time which would be needed to calculate
fixed for that product ;
                                                                      the allocations plus a reserve cannot be reconciled
                                                                      with the necessary continuity in the application of the
Whereas, under the terms of the offer in question,                    tariff preferences in question ; whereas under these
annual ceilings are normally calculated on the basis of               circumstances recourse must again be had to the
the value of cif imports in 1971 from countries bene­                 standard scale which was used for the purposes of allo­
fiting from the system , other than those already                     cation among the Member States in respect of
accorded preferential treatment by the Communities,                   products covered by the Treaty establishing the Euro­
plus 5 % of the value of cif imports in 1972 from                     pean Economic Community ; whereas for this new
other countries, including those already enjoying such                period it should once more be possible to make provi­
treatment ;                                                           sion for a single allocation of preferential imports
                                                                      among the Member States ;
Whereas the European Communities have applied
these tariff preferences since 1 July 1971 ;                          Whereas the Governments of the Member States have
                                                                      been consulted on the derogation provided for by this
(') OJ No 8 , 22 . 1 . 1964, p . 99 / 64.                              Decision ,
 ---pagebreak--- 13 . 1 . 76                               Official Journal of the European Communities                                        No L 6/ 17
HAS ADOPTED THIS DECISION :                                                 15 January 1964, the Member States are hereby autho­
                                                                            rized to take by agreement the necessary steps to
                                                                            apply in respect of imports of the iron and steel
                          Article 1
                                                                            products hereinafter set out originating in the coun­
                                                                            tries and territories set out in the Annex hereto :
By way of derogation from the obligations under
Article 1 of High Authority recommendation 1 /64 of
                                 1 . For the following products, tariff quotas with a nil rate of duty :
         CCT                                                                                                      Quota attributed to
        heading                                        Description of goods                                         Member States
          No                                                                                                           (in u.a .)
     73.08             Iron and steel coils for re-rolling                                                  Germany               3 325 245
                                                                                                            Benelux               1 269 640
                                                                                                            France                2 297 440
                                                                                                            Italy                 1 813 770
                                                                                                            Denmark                 604 590
                                                                                                            Ireland                 120 920
                                                                                                            United Kingdom 2' 660 105
     73.10             Bars and rods (including wire rod), of iron or steel, hot-rolled,                    Germany               2 060  810
                      forged, extruded, cold-formed or cold-finished (including precision­                  Benelux                 786  860
                       made) ; hollow mining drill steel :                                                  France                1 423  840
                                                                                                            Italy                 1 124  090
                                                                                                            Denmark                 374 700
                       A. Not further worked than hot-rolled or extruded                                    Ireland                   74 940
                                                                                                            United Kingdom        1 648 660
                       D. Clad or surface-worked ( for example, polished , coated ) :
                           I. Not further worked than clad :
                                a ) Hot-rolled or extruded
     73.13             Sheets and plates , of iron or steel , hot-rolled or cold-rolled :                   Germany               6 446 055
                                                                                                            Benelux               2 461 220
                                                                                                            France                4 453 640
                       A. 'Electrical ' sheets land plates                                                  Italy                 3 516 030
                                                                                                            Denmark               1 172 010
                       B. Other sheets and plates :                                                         Ireland                 234 400
                                                                                                            United Kingdom        5 156 845
                             I. Not further worked than hot-rolled
                            11 . Not further worked than cold-rolled , of a thickness of :
                                  b) More than 1 mm but less than 3 mm
                                  c) 1 mm or less
                           III . Not further worked than burnished, polished or glazed
                           IV. Clad, coated or otherwise surface-treated :
                                  b ) Tinned
                                  c) Zinc-coated or lead-coated
                                  d ) Other (for example, copper-plated, artificially oxidized,
                                      lacquered, nickel-plated, varnished, clad, parkerized,
                                      printed)
                            V. Otherwise shaped or worked :
                                  a ) Cut into shapes other than rectangular shapes, but not
                                      further worked :
                                      2 . Other
                Imports originating in countries and territories already enjoying various preferential
                regimes granted by the nine ECSC Member States are not to be charged against the
                above tariff quotas .
 ---pagebreak--- No L 6/18            Official Journal of the European Communities                                      13 . 1 . 76
                     2. For the following products, nil rates of duty :
            CCT
          heading                                    Description of goods
             No
          73.07          Blooms, billets, slabs and sheet bars (including tinplate bars), of
                         iron or steel ; pieces roughly shaped by forging, of iron or steel :
                         A. Blooms and billets :
                             I. 'Rolled
                         B. Slabs and sheet bars (including tinplate bars) :
                             I. Rolled
          73.09          Universal plates of iron or steel
           73.11 (*)     Angles, shapes and sections, of iron or steel, hot-rolled, forged,
                         extruded, cold-formed or cold-finished ; sheet piling of iron or
                         steel, whether or not drilled, punched or made from assembled
                         elements :
                          A. Angles, shapes and sections :
                                I. Not further worked than hot-rolled or extruded
                              IV. Clad or surface-worked (for example, polished, coated) :
                                    a) Not 'further worked than clad : "
                                        1 . Hot-rolled or extruded
                          B. Sheet piling
           73.1 :         Hoop and strip, of iron or steel, hot-rolled or cold-rolled :
                          A. Not further worked than hot-rolled
                          B. Not further worked than cold-rolled :
                              I. In coils for the manufacture of tinplate
                          C. Clad, coated or otherwise surface-treated :
                              III. Tinned :
                                    a) Tinplate
                               V. Other (for example, copper-plated, artificially oxidized),
                                     lacquered , nickel-plated, varnished, clad, parkerized, printed):
                                     a) Not further worked than clad :
                                        1 . Hot-rolled
            73.15         Alloy steel and high carbon steel in the forms mentioned in heading
                          Nos 73.06 to 73.14 :
                          A. High carbon steel :
                                 I. Ingots, blooms, billets, slabs and sheet bars :
                                      b) Other :
                                         2. Blooms, billets, slabs and sheet bars
                               III . Coils for re-rolling
                                IV. Universal plates
 ---pagebreak--- 13 . 1 . 76          Official Journal of the European Communities                                 No L 6/ 19
              CCT
             heading                                   Description of goods
               No
             73.15        A. V. Bars and rods (including wire rod) and hollow mining drill
            (cont'd)                steel ; angles, shapes and sections :
                                    b ) Not further worked than hot-rolled or extruded
                                    d) Clad or surface-worked (for example, polished, coated) :
                                         1 . Not further worked than clad :
                                              aa) Hot-rolled or extruded
                              VI. Hoop and strip :
                                    a) Not further worked than hot-rolled
                                    c) Clad, coated or otherwise surface-treated :
                                        1 . Not further worked than clad :
                                             aa ) Hot-rolled
                             VII . Sheets and plates :
                                    a) Not further worked than hot-rolled
                                    b) Not further worked than cold-rolled, of a thickness of :
                                         2. Less than 3 mm
                                    c) Polished, clad, coated or otherwise surface-treated
                                    d) Otherwise shaped or worked :
                                         1 . Cut into shapes other than rectangular shapes, but
                                             not further worked
                         B. Alloy steel :
                               I. Ingots, blooms, billets, slabs and sheet bars :
                                    b) Other :
                                         2. Blooms, billets, slabs and sheet bars
                              III . Coils for re-rolling
                              IV. Universal plates
                               V. Bars and rods (including wire rod) and hollow mining drill
                                    steel ; angles, shapes and sections :
                                    b ) Not further worked than hot-rolled or extruded
                                    d ) Clad or surface-worked (for example, polished, coated ) :
                                         1 . Not further worked than clad :
                                              aa ) Hot-rolled or extruded
                              VI . Hoop and strip :
                                    a ) Not further worked than hot-rolled
                                    c) Clad , coated or otherwise surface-treated :
                                        1 . Not further worked than clad :
                                             aa ) Hot- rolled
 ---pagebreak--- No L 6/2Q                              Official Journal of the European Communities                                         13 . 1 . 76
                          CCT
                        heading                                             Description of goods
                           No
                         73.15                 B. VII . Sheets and plates
                      ( cont' d)                          a ) 'Electrical' sheets and plates
                                                          b ) Other sheets and plates :
                                                              1 . Not further worked than hot-rolled
                                                              2. Not further worked than cold-rolled, of a thickness
                                                                  of :
                                                                  bb ) Less than 3 mm
                                                              3 . Polished, clad, coated or otherwise surface-treated
                                                              4. Otherwise shaped or worked :
                                                                  aa) Cut into shapes other than rectangular shapes,
                                                                       but not further worked
                         73.1'6                 Railway and tramway construction material of iron or steel, the
                                               following : rails, check-rails, switch blades, crossings ( or frogs ),
                                                crossing pieces, point rods, rack rails, sleepers, fish-plates, chairs,
                                               chair wedges, sole plates (base plates), rail clips, bedplates, ties and
                                               other material specialized for joining or fixing rails :
                                                A. Rails :
                                                    II . Other
                                                B. Check-rails
                                                C. Sleepers
                                                D. Fish-plates and sole plates :
                                                    I. Rolled
              (') For products falling within this tariff heading, the maximum amount pursuant to Article 2 may in the case
                  of Yugoslavia not exceed 529 800 units of account .
Once imports into the Community as a whole of                                                        Article 2
products originating in beneficiary countries and terri­
tories have reached the following ceiling, the Member                        The Member States, acting in liaison with the
States may agree to restore duties throughout the                            Commission, shall see to it that imports into the
Community.                                                                   Community under the tariff preferences provided for
                                                                             in Article 1 from any one of the countries and territo­
The ceiling shall be equal to a figure representing, for                     ries concerned do not exceed a specified fraction of
each category of product, the value in units of account                      the total quantity which may be imported into the
of cif imports of the products in question into the                          Community under those preferences.
Community in 1971 from the abovementioned coun­
tries and territories, other than those already accorded                     This fraction shall be 50 % for all products with the
preferential tariff treatment by the nine Member                             exception of those of heading No 73.08 for which it
States of the European Coal and Steel Community,                             shall be 40 % , and heading No 73.13, for which it
plus 5 % of the value of cif imports in 1972 from                            shall be 30 % .
other countries and from those already enjoying such
preferential treatment, this total to be increased by a
flat percentage of 5 % .                                                                             Article 3
Imports already exempt from customs duty under                               The Member States shall notify the Commission at
such preferential arrangements shall not be charged                          regular intervals of the quantities imported under the
against this ceiling.                                                        tariff quotas and ceilings provided for in Article 1 .
 ---pagebreak--- 13 . 1 . 76                       Official Journal of the European Communities                      No L 6/21
Each Member State shall immediately inform the              This Decision is addressed to the Member States .
Commission and the other Member States :
— if imports of a product reach the full amount of
     the quota or ceiling specified in Article 1 in
     respect of that product,
— if imports of products originating in one of the           Done at Brussels, 17 December 1975.
     beneficiary countries or territories reach the
     percentage as specified in Article 2 of the amount
     of the quota or ceiling specified in Article 1 .
                                                                                    For the Commission
                        Article 4
                                                                                     Finn GUNDELACH
This Decision shall       remain    in  force  until  31
December 1976 .                                                                  Member of the Commission
 ---pagebreak--- No L 6/22                          Official Journal of the European Communities                              13 . 1 . 76
                                                         ANNEX A
                  List of developing countries and territories enjoying generalized tariff preferences
                                               INDEPENDENT COUNTRIES
Afghanistan                              Haiti                                   Qatar
Algeria                                  Honduras                                Rwanda
Angolia                                  India                                   Sao Tomé and Principe
Argentina                                Indonesia                               Saudi Arabia
Bahamas                                  Iran                                    Senegal
Bahrain                                  Iraq                                    Sierra Leone
Bangladesh                               Ivory Coast                             Singapore
Barbados                                Jamaica                                  Somalia
Bhutan                                   Jordan                                  Sri Lanka
Bolivia                                  Kenya                                   Sudan
Botswana                                 Khmer Republic                          Surinam
Brazil                                   Korea (South)                           Swaziland
Burma                                    Kuwait                                  Syria
Burundi                                  Laos                                    Tanzania
Cameroon                                 Lebanon                                 Thailand
Cape Verde Islands                       Lesotho                                 Togo
Central African Republic                 Liberia                                 Tonga
Chad                                     Libya                                   Trinidad and Tobago
Chile                                    Malagasy Republic                       Tunisia
Colombia                                 Malawi                                  Uganda
Congo, People's Republic of              Malaysia                                United Arab Emirates :
Costa Rica                               Maldive Islands                            Abu Dhabi
Cuba                                     Mali                                       Dubai
Cyprus                                   Mauritania                                 Ras al Khaimah
Dahomey                                  Mauritius                                  Fujairah
Dominican Republic                       Mexico                                     Ajman
Ecuador                                  Morocco                                  ■ Sharjah
Egypt, Arab Republic of                  Mozambique                                 Ummal Qaiwain
El Salvador                              Nauru                                   Upper Volta
Equatorial Guinea                        Nepal                                   Uruguay
Ethiopia                                 Nicaragua                               Venezuela
Fiji                                     Niger                                   Vietnam , Republic of
Gabon                                    Nigeria                                 Western Samoa
Gambia                                   Oman                                    Yemen , People's Democratic
Ghana                                    Pakistan                                Republic of
Grenada                                  Panama                                 Yemen Arab Republic
Guatemala                                Papua New Guinea                       Yugoslavia
Guinea                                   Paraguay                                Zaïre
Guinea Bissau                            Peru                                    Zambia
Guyana                                   Philippines
 ---pagebreak--- 13 . 1 . 76                                Official Journal of the European Communities                                                            No L 6/23
                                                       COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Commu­
                                      nity or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
            British Pacific Ocean (>)
            Brunei
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling) Islands
            Comoro Archipelago
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
            French Southern and Antarctic Territories
            Gibraltar
            Heard Island and MacDonald Islands
            Hong Kong
            Leeward Islands (2)
            Macao
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Islands
            Pacific Islands administered by the United States of America or under United States trusteeship (3)
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
            Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands and
                 Ross Dependency)
            Turks and Caocos Islands
            Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
            Wallis and Futuna Islands
            Windward Islands (4)
            Note : The above lists may be amended subsequently to take account of changes in the international
                       status of countries or territories .
            (') Gilbert Islands, Tuvalu , British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands.
            (2 ) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands .
            (3) The Pacific Islands administered by the United States of America include : Guam , American Samoa (including Swain's Island),
                 Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the Caroline, Marianas and
                 Marshall Islands).
            (4) Dominica, St Lucia , St Vincent.