CELEX: 31977D0472
Language: en
Date: 1977-07-12 00:00:00
Title: Commission Decision of 12 July 1977 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 (eighty-seventh derogation)

No L 184/38                             Official Journal of the European Communities                              23 . 7. 77
                                                                II
                                           (Acts whose publication is not obligatory)
                                                   COMMISSION
                                                  COMMISSION DECISION
                                                        of 12 July 1977
              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
                                                   (eighty-seventh derogation)
                                                          (77/472/ECSC)
THE COMMISSION OF THE EUROPEAN                                      Whereas these reasons and circumstances, on which
COMMUNITIES,                                                        the six-monthly tariff measures taken by the Member
Having regard to the Treaty establishing the European               States are based, also allow, given present conditions
Coal and Steel Community, and in particular Articles                on the common market in steel, of their application
                                                                    within the framework of recommendation 1 /64 of 15
2 to 5, 8 , 71 and 74 thereof,
                                                                    January 1964 ; whereas neither this suspension of
Having regard to High Authority recommendation                      duties nor these tariff quotas are likely to jeopardize
1 /64 of 15 January 1964 to the Governments of the                  the objectives of the said recommendation and
Member States concerning an increase in the protec­                 whereas, furthermore, such tariff measures help to
tive duty on iron and steel products at the external                maintain existing trade flows between the Member
frontiers of the Community (1 ), and in particular                  States and third countries ;
Article 3 thereof,
                                                                    Whereas these are special cases in the commercial
Having regard to the agreement reached on 8 July                    policy field justifying the authorization of derogations
1977 by the representatives of the Member States                    pursuant to Article 3 of recommendation 1 /64 ;
meeting within the Council on tariff measures to be
taken for the second six months of 1977,                            Whereas provision should be made to ensure that the
                                                                    quotas granted will be used solely to supply the needs
Whereas, for years past, the representatives of the                 of industries in the importing countries and that re-ex­
Governments of the Member States meeting within                     portation in the unaltered state to other Member
the Council have unanimously agreed on six-monthly                  States of imported iron and steel products will be
derogations from the harmonized Community                           prevented ;
customs duties for steel ; whereas these derogations
                                                                    Whereas the Governments of the Member States have
take the form either of 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             HAS ADOPTED THIS DECISION :
were taken by representatives of the Governments of
the Member States on 8 July 1977 in respect of the                                           Article 1
second six months of 1977 ;
                                                                    The Governments of the Member States are hereby
Whereas such measures are justified by the fact that                authorized to derogate from the obligations arising
the products in question are not manufactured, or are               under Article 1 of High Authority recommendation
manufactured in insufficient quantities, in the                      1 /64 of 15 January 1964 to the extent necessary to
Community and that their importation on preferential                suspend, in respect of imports from third countries of
terms is not injurious to iron and steel undertakings               the iron and steel products set out below, duties or
in the Community which produce directly competing                   tariff quotas in respect of the quantities and at the
products ;                                                          levels hereinbelow indicated :
(•) OJ No 8 , 22. 1 . 1964, p . 99 /64.
 ---pagebreak--- 23 . 7. 77                            Official Journal of the European       Communities                  No L 184/39
     CCT heading No                       Description of goods                     Member States   Quota
                                                                                                             Duty %
                                                                                                 (tonnes)
ex 73.15 A V b) 1    Special wire rod (wire rod of high carbon steel,        Germany (FR)           525           0
                     not further worked than hot-rolled, between 4-5         Benelux             4  500           0
                     and 6 mm in diameter and of a carbon content in         France              2  000           0
                     weight of between 0 62 and 0-74 % ) for the tyre        Italy               3  750           0
                     industry                                                Ireland             1  500           0
ex 73.15 A V b) 1   .Special wire rod (wire rod of high carbon steel,        Benelux                950           0
                     not further worked than hot-rolled, between 4-5
                     and 6 mm in diameter and of a carbon content in
                     weight of between 0 62 and 0-85 %) for the tyre
                     industry
ex 73.15 A V b) 1    Special wire rod (of high carbon steel, not further     Germany ( FR)       8 500            0
                     worked than hot-rolled , between 4-5 and 13 mm          Benelux             1 350            0
                     in diameter) for the manufacture of springs and         France              1 400            0
                     'piano wire' containing in weight
                     — 0-60 to 1-05% of carbon
                     — not more than 0Ό5 % of sulphur and phos­
                           phorus taken together
                     — 0-15 to 0-30 % silicon
                     — not more than 010 % of all other elements
                           (with the exception of manganese and chro­
                           mium) 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;
                           015    — 0-30  %   Si ;
                           0-60   — 0-90  %   Mn ;
                           015    — 110   %   Cr ;
                           0-1 5  — 0-30  %   Va ;
                           not more than 0-30 % Mo P and S content of
                           less than 0Ό35 % 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 0Ό35 % each
ex 73.15 B VII a) 1  ' Electrical' sheets and plates of allied steel, grain­    Germany ( FR)      600            0
                     oriented, highly permeable, with a watt loss of
                      1 -23 watt 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
ex 73.16 A II b)     Used rails for re-rolling                                  France           3 500            0
 ---pagebreak--- No L 184/40                   Official Journal of the European Communities                        23 . 7 . 77
                                                  Article 2
           1 . 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 shall remain in force until 31 December 1977.
                                                  Article 4
          This Decision is addressed to the Member States .
           Done at Brussels, 12 July 1977.
                                                                  For the Commission
                                                                  Wilhelm HAFERKAMP
                                                                      Vice-President