CELEX: 31979D0091
Language: en
Date: 1978-12-22 00:00:00
Title: 79/91/ECSC: Commission Decision of 22 December 1978 derogating from High Authority recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (97th derogation)

30 . 1 . 79                                Official Journal of the European Communities                             No L 21 / 25
                                                     COMMISSION DECISION
                                                        of 22 December 1978
               derogating from High Authority recommendation No 1-64 concerning an
               increase in the protective duty on iron and steel products at the external
                                                     frontiers of the Community
                                                           (97th derogation)
                                                              (79/91 / 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 No 1-64 of
2 to 5 , 8 , 71 and 74 thereof,
                                                                         15 January 1964 ; whereas neither this suspension of
Having regard to High Authority                 recommendation           duties nor these tariff quotas are likely to jeopardize
No 1-64 of 15 January 1964 to the                Governments of          the objectives of the said recommendation ; whereas,
the Member States concerning an                  increase in the         furthermore, such tariff measures help to maintain
protective duty on iron and steel                products at the         existing trade flows between the Member States and
external frontiers of the Community (') as modified by                   third countries ;
recommendation No 1905/78 /ECSC of 28 July                               Whereas these are special cases in the commercial
1978 (2), and in particular Article 3 thereof,
                                                                         policy field justifying the authorization of derogation
Having regard to the agreement reached on 19                             pursuant to Article 3 of recommendation No 1-64 ;
December 1978 by the representatives of the Member
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 1979 ,                           quotas granted will be used solely to supply the needs
                                                                         of industries in the importing countries and that re-ex­
Whereas, for years past, the representatives of the                      portation in the unaltered state to other Member
Governments of the Member States meeting within                          States of imported iron and steel products will be
the Council have unanimously agreed on six-monthly                       prevented ;
derogations from the harmonized Community
                                                                         Whereas the Governments of the Member States have
customs duties for steel ; whereas these derogations
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                   HAS ADOPTED THIS DECISION :
of duty ; whereas the last tariff measures of this kind
were taken by representatives of the Governments of
the Member States on 19 December 1978 in respect                                                 Article 1
of the first six months of 1979 ;
                                                                         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                           No 1-64 to the extent necessary to suspend, in respect
 Community and that their importation on preferential                     of imports from third countries of the iron and steel
 terms is not injurious to iron and steel undertakings                    products set out below, duties or tariff quotas in
 in the Community which produce directly competing                        respect of the quantities and at the levels indicated
 products ;                                                               below :
 (') OJ No 8 , 22. 1 . 1964, p . 99 / 64 .
 (^) OJ No L 217, 8 . 9 . 1978 , p . 5 .
 ---pagebreak--- No L 21 /26                           Official Journal of the European Communities                          30 . 1 . 79
                                                                                            Member  Quota
    CCT heading No                               Description                                 State (tonnes)
                                                                                                             Duty ( % )
ex 73.15 A V b) 1      Special wire rod (of high carbon steel, not further worked   Germany (FR)    8 500        0
                       than hot-rolled, between 4.5 and 13 mm in diameter) for      Benelux         1350         0
                       the manufacture of springs and piano wire :                  France          1 400        0
                       — Containing by weight :
                           — 0-60 to 1.05 % of carbon,
                           — not more than 0.05 % of sulphur and phosphorus
                               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 %   C;
                           0.15 to 0.30 %   Si ;
                           0.60 to 0.90 %   Mn ;
                           0.15 to 1.10 %   Cr ;
                           0.15 to 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  to 0.60 %  C;
                           1.35  to 1-60 %  Si ;
                           0.60  to 0.80 %  Mn ;
                           0.55  to 0.80 %  Cr ;
                           P and S content of less than 0-035 % each)
                                                             Article 2
               1 . The 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 30 June 1979.
                                                             Article 4
               This Decision is addressed to the Member States .
               Done at Brussels, 22 December 1978 .
                                                                               For the Commission
                                                                              Wilhelm HAFERKAMP
                                                                                  Vice-President