CELEX: 31973D0246
Language: en
Date: 1973-07-10 00:00:00
Title: Commission Decision of 10 July 1973 derogating from Recommendation No 1/64 of the High Authority concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (54th derogation)

No L 228 / 44                         Official Journal of the European Communities                                 16 . 8 . 73
                                                 COMMISSION DECISION
                                                      of 10 July 1973
               derogating from Recommendation No 1 /64 of the High Authority concerning an increase
               in the protective duty on iron and steel products at the external frontiers of the
                                                          Community
                                                       (54th derogation)
                                                       ( 73 / 246/ ECSC )
 THE COMMISSION OF THE EUROPEAN                                      Whereas these reasons and circumstances, on which
 COMMUNITIES,                                                        the six-monthly tariff measures taken by the Member
                                                                     States are based, also allow , given present conditions
                                                                     on the common market in steel , of their application
 Having regard to the Treaty establishing the                        within the framework of Recommendation No 1 / 64
 European Coal and Steel Community , and in                          of 15 January 1964 ; whereas neither this suspension
 particular Articles 2 to 5 , 8 , 71 and 74 thereof;                 of duties nor these tariff quotas are likely to
                                                                     jeopardize the objectives of Recommendation No 1 /64
Having regard to High Authority Recommendation                       concerning an increase in the protective duty at the
 No 1 /64 of 15 January 1964 (*) to the Governments                  external frontiers of the Community and whereas ,
 of the Member States concerning an increase in the                  furthermore, these tariff measures , help to maintain
 protective duty on iron and steel products at the                   existing trade flows between the Member States and
                                                                     third countries :
external frontiers of the Community, and in
 particular Article 3 thereof ;
                                                                     Whereas these are special ' cases in the commercial
                                                                     policy field justifying ■ the authorization of
Having regard to the Agreement reached on 25 June                   derogations pursuant to Article 3 of Recommenda­
 1973 by representatives of the Member States within                tion No 1 / 64 :
the Council on - tariff measures to be taken for the
second six months of 1973 ;                                         Whereas there should be a guarantee that quotas
                                                                    granted will be used solely to supply the needs of
                                                                    industries in the importing countries and that
Whereas , for years past, representatives of the
                                                                     re-exportation to other Member States , in the same
Governments of the Member States meeting within
                                                                    state as that in which they were imported , of
the Council have unanimously agreed on six-monthly                  imported iron and steel products will be prevented ;
derogations from the harmonized Community
customs duties for steel ; whereas these derogations
                                                                    Whereas the Governments of the Member States have
take the form of either a reduction or temporary
suspension of certain customs duties or of the                      been consulted on the tariff quotas set out below ;
granting of tariff quotas at reduced or suspended
rates of duty ; whereas the last tariff measures of this
kind were taken by the representatives of the                       HAS ADOPTED THIS DECISION :
Governments of the Member States on 25 June 1973
for the second six months of 1973 ;
                                                                                            Article 1
Whereas these measures are justified by the fact that
the products in question are not manufactured , or are              The Governments of the Member States are hereby
manufactured in insufficient quantities, in the                     authorized to derogate from the obligations arising
Community and that their importation on                             under Article 1 of High Authority Recommendation
preferential terms is not injurious to iron and steel               No 1 / 64 of 15 January 1964 to the extent necessary
undertakings in the Community which produce                         to introduce , in respect of imports from third
directly competing products ;                                       countries of the iron and steel products set out
                                                                    below, suspension of duties or tariff quotas up to the
                                                                    quantities and at the levels indicated in respect of
(») OJ No 8 , 22 . 1 . 1964, p. 99/64.                              each of these products :
 ---pagebreak--- 16. 8. 73                            Official Journal of the European Communities                        No L 228 /45
                                                                                                Quota       Customs
  CCT heading No                        Description of goods                     Member States
                                                                                                ( tons )      (% )
ex 73.15 A V b) 1  Special wire rod for the tyre industry (wire rod of         Germany            1 900        0
                   high carbon steel not further worked than hot-rolled,       Benelux           8  500        0
                   between 4·5 and 6 mm in diameter and of a carbon            France            4  000        0
                   content of between 0·62 and 0·74 % )                        Italy             8  000        0
ex 73.15 A V b) 1  Special wire rod for the tyre industry (wire rod of high    Benelux           1 500         0
                  carbon steel , not further worked than hot-rolled, be­
                   tween 4·5 and 6 mm in diameter and of a carbon
                  content of between 0·62 and 0·85 % )
ex 73.15 A V b) 1  Special wire rod for the manufacture of springs and         Germany           8 500         0
                   ' piano wire', with the following characteristics :         Benelux            1 350        0
                                                                               France            1 200         0
                  — Of fine carbon steel
                  — Not further worked than hot-rolled
                  — Between 4 5 and 13 mm in diameter
                  — Containing :
                        — 0·60 to 105 % of carbon
                        — Not more than 0 05 % of sulphur and phosphorus
                           taken together
                        — 010 to 0·25 % of silicon
                        — Not more than 010 % 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 :
                       0·40-0·65 % C ; 0·15-0·30 % Si ;
                       0·60-0·90 % Mn ; 0·15-1·10 % Cr ;
                       0·15-0·30 % Va ; not more than 0·30 % Mo
                       P and S content of less than 0·035 % each ;
                  b) Chrome-silicon products :
                       0·50-0·60 % C ; 1·35-1·60 % Si ;
                       0·60-0·80 % Mn ; 0·55-0·80 % Cr ;
                       P and S content of less than 0·035 % each)
ex 73.08 A        Iron or steel coils for re-rolling, clad with an alloy steel Benelux              600        0
                  (not dominating as regards weight) which contains less
                  than 0·6 % carbon and more than 10 % chromium by
                  weight, other alloying elements being disregarded (stain­
                  less steel), annealed and pickled, of a width of more
                  than 900 mm and not more than 1 300 mm and of a
                  thickness of not more than 6 mm
ex 73.16 A II b)  Used rails for re-rolling                                    France          44 000          0
 ---pagebreak--- No L 228 / 46                      Official Journal of the European Communities                               16 . 8. 73
                       Article 2                                                     Article 3
1.    Member States accorded quotas under Article 1           1.  This Decision is addressed to all Member States .
of this Decision shall be required to ensure, in liaison
with the Commission, that the quotas are distributed          2.  It shall be valid until 31 December 1973 .
on a non-discriminatory basis among third countries .
                                                              Done at Brussels, 10 July 1973 .
2.    They shall be required to take all necessary
steps to rule out the possibility of iron and steel                                            For the Commission
products imported under the tariff quotas being
                                                                                                  The President
re-exported to other Member States in the same state
as that in which they were imported.                                                         François-Xavier ORTOLI