CELEX: 31978D0201
Language: en
Date: 1978-01-24 00:00:00
Title: Commission Decision of 24 January 1978 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 (93rd derogation)

4. 3 . 78                           Official Journal of the European Communities                              No L 62/33
                                               COMMISSION DECISION
                                                   of 24 January 1978
              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
                                                    (93rd derogation)
                                                      (78 /20 1 /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
Having regard to the Treaty establishing the European              on the common market in steel, of their application
Coal and Steel Community, and in particular Articles               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 ; whereas,
Member States concerning an increase in the protec­                furthermore, such tariff measures help to maintain
tive duty on iron and steel products at the external               existing trade flows between the Member States and
frontiers of the Community ('), and in particular                  third countries ;
Article 3 thereof,                                                 Whereas these are special cases in the commercial
Having regard to the agreement reached on 21                       policy field justifying the authorization of a derogation
December 1977 by the representatives of the Member                 pursuant to Article 3 of recommendation 1 /64 ;
States meeting within the Council on tariff measures               Whereas provision should be made to ensure that the
to be taken for the first six months of 1978 ,                     quotas granted be used solely to supply the needs of
Whereas, for years past, the representatives of the                industries in the importing countries and that re­
Governments of the Member States meeting within                    exportation 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                   been consulted on the tariff quotas set out below,
suspension of certain customs duties or of the
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 21 December 1977 in respect                                            Article 1
of the first six months of 1978 ;
                                                                  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 set out below :
(') OJ No 8, 22. 1 . 1964, p. 99/64.
 ---pagebreak--- No L 62/34                             Official Journal of the European Communities                             4. 3 . 78
         CCT                                                                                           Quota    Duty
                                                  Description                          Member States
      heading No                                                                                     ( tonnes )  ("'•>)
ex 73.15 A V b) 1       Special wire rod (of high carbon steel, not further        Federal Republic
                        worked than hot-rolled, between 4.5 and 13 mm in           of Germany          8 500         0
                        diameter) for the manufacture of springs, needles          Benelux             1 350         0
                        ('needle wire'), and piano wire, containing in weight :    France              1 400         0
                        — 0.60 to 1.05 % carbon
                        — not more than 0.05 % phosphorus and sulphur
                            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 % carbon
                            — 0.15 to 0.30 % silicon
                            — 0.60 to 0.90 % manganese
                            — 0.15 to 1-10 % chromium
                             — 0.15 to 0.30 % vanadium
                             not more than 0.30 % molybdenum ; phosphorus
                             and sulphur content of less than 0 035 % each ;
                        (b) Chrome-silicon products :
                             — 0.50 to 0.60 % carbon
                             — 1.35 to 1.60 % silicon
                             — 0.60 to 0.80 % manganese
                             — 0.55 to 0-80 chromium
                            phosphorus and suphur content of less than
                            0.035 % each)
ex 73.15 B VII a) 1      'Electrical' sheets and plates of alloy steel, grain-     Federal Republic
                         oriented, highly permeable, with a watt-loss of 1 -23     of Germany             300        0
                         watts or less per kilogram for a thickness of 0.30 mm ,
                         or of 1 -26 watts or less per kilogram for a thickness of
                         0.35 mm , measured at 1.7 tesla and 50 Hz
ex 73.16 A lib)          Used rails for re-rolling                                 Fiance              3 500          0
                                                               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.
 ---pagebreak--- 4 . 3 . 78                     Official Journal of the European Communities         No L 62/ 35
                                                   Article J
            This Decision shall remain in force until 30 June 1978 .
                                                   Article 4
           This Decision is addressed to the Member States .
           Done at Brussels, 24 January 1978 .
                                                                 For the Commission
                                                                Wilhelm HAFERKAMP
                                                                     Vice-President