CELEX: 31976D0404
Language: en
Date: 1976-04-05 00:00:00
Title: Commission Decision of 5 April 1976 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

No L 105/30                           Official Journal of the European Communities                                22. 4. 76
                                                              II
                                         (Acts whose publication is not obligatory)
                                                  COMMISSION
                                                 COMMISSION DECISION
                                                       of 5 April 1976
              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-seventh derogation)
                                             (Only the German text is authentic)
                                                        (76/404/ ECSC)
THE COMMISSION OF THE EUROPEAN                                    Whereas the Federal Republic of Germany states that
COMMUNITIES,                                                      German transformer manufacturers cannot obtain on
                                                                   the Community market the whole tonnage which has
                                                                   been considered necessary since the end of 1975 ;
Having regard to the Treaty establishing the European             whereas the original request for 950 metric tons only
Coal and Steel Community, and in particular Articles               appeared to be sufficient provided that the Commu­
2 to 5, 8 , 71 and 74 thereof,                                     nity industry could supply the additional amount
                                                                   required ; whereas unforeseen technical difficulties are
                                                                   preventing the expected production of this quantity
Having regard to High Authority recommendation                     within the Community, while the original quota of
 1 /64 of 15 January 1964 to the Governments of the                950 metric tons is practically used up ;
Member States concerning an increase in the protec­
tive duty on iron and steel products at the external
frontiers of the Community ('), and in particular
Article 3 thereof,
                                                                   Whereas this tariff quota is not likely to jeopardize the
                                                                   objectives of recommendation 1 /64 concerning an
 Having regard to the request made on 17 February                  increase in the protective duty at the external frontiers
 1976 by the Federal Republic of Germany for authori­              of the Community ; whereas, furthermore, such a tariff
 zation to receive a quota of 550 metric tons of 'elec­            measure helps to maintain the existing trade flow
                                                                   between the Member States and third countries ;
 trical' sheets and plates falling within tariff
 subheading ex 73.15 B VII a) 1 from third countries in
 addition to the right to import free of duty 950 metric
 tons of the same product, granted by the Commission
 Decision of 5 December 1975,                                      Whereas these sectors constitute a special case with
                                                                   regard to commercial policy which justifies the
                                                                   granting of derogations under Article 3 of recommen­
 Having regard to the approval of this request given on            dation 1 /64 ;
 15 March 1976 by the representatives of the Govern­
 ments of the Member States meeting within the
 Council ,
                                                                   Whereas provision should be made to ensure that the
(•) OJ No 8 , 22. 1 . 1964, p. 99/64.                              quota granted will only be used to supply the proper
 ---pagebreak--- 22. 4. 76                         Official Journal of the European Communities                                   No L 105/31
needs of German industry and that re-exportation to                    HAS ADOPTED THIS DECISION :
other Member States in an unaltered state of the
                                                                                                 Article 1
imported iron and steel product will be prevented ;
                                                                       The Goverment of the Federal Republic of Germany
Whereas the Federal Republic of Germany should                         is hereby authorized to derogate from the obligations
therefore be authorized to open a quota for the                        arising under Article 1 of High Authority recommen­
tonnage requested for which duties will be                             dation 1 /64 of 15 January 1964 to the extent neces­
suspended ;                                                            sary to introduce, in respect of imports from third
                                                                       countries of the iron and steel product set out below, a
Whereas the Governments of the Member States have                      suspension of duties up to the quantity indicated
been consulted on the tariff quota specified above,                    below :
                   CCT heading                       Description of goods
                                                                                             Quota         Duty
                       No                                                                 (metric tons)    (% )
            ex 73.15 B VII a) 1     Electrical sheets and plates of allied steel,             550           0
                                    grain-oriented, highly permeable, with a
                                    watt-loss of 1 -23 or less per kg for a thickness
                                    of 0-30 mm, or of 1-26 watt or less per kg
                                    for a thickness of 0-35 mm, measured at 1-7
                                    tesla and 50 Hz
                                                            Article 2
            The Federal Republic of Germany shall ensure, in liaison with the Commission, that the
            tariff quota is distributed on a non-discriminatory basis among third countries.
            It is required to take all necessary steps to avoid the possibility of the iron and steel
            product imported under the tariff quota being re-exported to other Member States in the
            same state as that in which it was imported.
                                                            Article 3
            This Decision shall be valid until 30 June 1976.
                                                            Article 4
            This Decision is addressed to the Federal Republic of Germany.
            Done at Brussels, 5 April 1976.
                                                                                For the Commission
                                                                                 Christopher SOAMES
                                                                                     Vice-President