CELEX: 31975D0022
Language: en
Date: 1974-12-19 00:00:00
Title: Commission Decision of 19 December 1974 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 (sixty-sixth derogation)

No L 5/22                                Official Journal of the European Communities                                9 . 1 . 75
                                                   COMMISSION DECISION
                                                      of 19 December 1974
               derogating from High Authority recommendation No 1 /64 concerning an
               increase in the protective duty on iron and steel products at the external fron­
                                                    tiers of the Community
                                                      (sixty-sixth derogation)
                                                            (75/22/ECSC)
THE COMMISSION OF THE EUROPEAN                                        Whereas the commercial policy objectives of this offer
COMMUNITIES,                                                          justify the authorization of a derogation from the obli­
                                                                      gations arising under Article 1 of the abovementioned
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Articles
                                                                      recommendation so as to allow the duty-free importa­
2 to 5 , 8 , 71 and 74 thereof ;                                      tion within the limits of the quotas and ceilings speci­
                                                                      fied in Article 1 of this Decision, of iron and steel
Having regard to High Authority recommandation No                     products originating in the third countries concerned ;
1 /64 (•) of 15 January 1964 to the Governments of the
Member States concerning an increase in the protec­                   Whereas to this end the preferential import possibili­
tive duty on iron and steel products at the external                  ties offered by the Communities should be allocated
frontiers of the Community, and in particular Article                 among the Member States in such a way as to ensure
3 thereof ;                                                           equal and continuous access for all Community impor­
Whereas the European Communities have made an                         ters and the uninterrupted application of the preferen­
offer within the framework of UNCTAD concerning                       tial rates envisaged to all the imports in question in
the granting of tariff preferences for manufactures and               all Member States until such time as those import
                                                                      possibilities have been exhausted ;
semi-manufactures from developing countries ;
whereas the preferential treatment envisaged by this
                                                                      Whereas time would be needed to calculate the alloca­
offer extends in principle to all industrial manufac­
tures and semi-manufactures in Chapters 25 to 99 of                   tions plus a reserve ; whereas this cannot be recon­
the Brussels Nomenclature originating in developing                   ciled with the necessary continuity in the application
countries ; whereas preferential treatment is accorded                of the tariff preferences in question ; whereas under
to imports up to a ceiling calculated in terms of value               these circumstances recourse must again be had to the
for each product on a uniform basis for all products ;                standard scale which was used for the purposes of
whereas, with a view to limiting the preference given                 allocation among the Member States in respect of
to the more competitive developing countries and                      products covered by the Treaty establishing the Euro­
reserving a substantial share for the less competitive,               pean Economic Community ; whereas for this new
preferential imports from any one developing country                  period it should once more be possible to make provi­
may not, as a general rule, exceed 50 % of the ceiling                sion for a single allocation of preferential imports
fixed for that product ;                                              among the Member States ;
Whereas, under the terms of the offer in question ,                   Whereas the Governments of the Member States have
annual ceilings are normally calculated on the basis of               been consulted on the derogation provided for by this
the value of cif imports in 1971 from countries bene­                 Decision ,
fiting from the system, other than those already
accorded preferential treatment by the Communities,
plus 5% of the value of cif imports in 1972 from
other countries, including those already enjoying such
                                                                      HAS ADOPTED THIS DECISION :
treatment ;
Whereas the European Communities have applied
these tariff preferences since 1 July 1971 ;                                                  Article 1
Whereas this offer of tariff preferences extends to a
number of iron and steel products which are covered                   By way of derogation from the obligations arising
by the Treaty establishing the European Coal and                      under Article 1 of High Authority recommendation
Steel Community and were the subject of High                          No 1 /64 of 15 January 1964, the Member States are
Authority recommendation No 1 /64 of 15 January                       hereby authorized to take 'by agreement the necessary
 1964 ;                                                               steps to apply in respect of imports of the iron and
                                                                      steel products listed below originating in the countries
(!) OJ No 8 , 22. 1 . 1964, p . 99 / 64.                              and territories set out in the Annex :
 ---pagebreak--- 9 . 1 . 75                           Official Journal of the European Communities                                     No L 5/23
                          1 . For the following products, tariff quotas with a nil rate of duty
                 CCT                                                                     Quota attributed to
                heading                        Description of goods                        Member States
                  No                                                                          (in u.a .)
            73.08          Iron and steel coils for re-rolling                     Germany               3  166  900
                                                                                   Benelux                1 209   180
                                                                                   France                2   188 040
                                                                                   Italy                 1  727  400
                                                                                   Denmark                  575  800
                                                                                   Ireland                  115  160
                                                                                   United Kingdom 2 533 520
           73.10           Bars and rods (including wire rod), of iron or          Germany               1 962 675
                           steel, hot-rolled, forged, extruded, cold-formed        Benelux                  749 385
                           or cold-finished (including precision-made) ;           France                1 356 030
                           hollow mining drill steel :                             Italy                 1 070 550
                          A. Not       further    worked     than    hot-rolled or Denmark                  356 850
                                                                                   Ireland                    71 370
                               extruded
                                                                                   United Kingdom        1 570 140
                          D. Clad or surface-worked                 (for  example,
                               polished, coated) :
                               I. Not further worked than clad :
                                    a) Hot-rolled or extruded
                          Sheets and plates, of iron or steel, hot-rolled or       Germany               6  139  100
           73.13          cold-rolled :                                            Benelux               2  344  020
                                                                                   France                4  241  560
                          A. 'Electrical' sheets and plates
                                                                                   Italy                 3  348  600
                          B. Other sheets and plates :                             Denmark               1  116  200
                                                                                   Ireland                  223  240
                                 I. Not further worked than hot-rolled :           United Kingdom        4 911 280
                                II. Not further worked than cold-rolled, of (
                                     thickness of :
                                     b) More than 1 mm but less than 3 mm
                                     c) 1 mm or less
                              III. Not further worked than burnished,
                                     polished or glazed
                               IV. Clad, coated or otherwise surface­
                                     treated :
                                     b) Tinned
                                     c) Zinc-coated or lead-coated
                                     d) Other (for example, copper-plated,
                                        artificially oxidized, lacquered, nickel­
                                        plated, varnished, clad, parkerized,
                                        printed)
                                V. Otherwise shaped or worked :
                                     a) Cut into shapes other than rectan­
                                        gular shapes, but not further worked
                                        2 . Other
           Imports originating in countries and territories already enjoying various preferential
           regimes granted by the nine ECSC Member States are not to be taken into account in
           the above tariff quotas.
 ---pagebreak--- No L 5/24                Official Journal of the European Communities                                  9 . 1 . 75
                            2. For the following products, nil rates of duty
                  CCT
                 heading                                  Description of goods
                   No
          73.07                Blooms, billets, slabs and sheet bars (including tinplate bars), of
                               iron or steel ; pieces roughly shaped by forging, of iron or steel :
                               A. Blooms and billets :
                                   I. Rolled
                               B. Slabs and sheet bars (including tinplate bars) :
                                   I. Rolled
          73.09                Universal plates of iron or steel
          73.11 H              Angles, shapes and sections, of iron or steel, hot-rolled, forged, ex­
                               truded, cold-formed or cold-finished ; sheet piling of iron or steel,
                               whether or not drilled, punched or made from assembled elements :
                                A. Angles, shapes and sections :
                                      I. Not further worked than hot-rolled or extruded
                                     IV. Clad or surface-worked (for example, polished, coated) :
                                          a) Not further worked than clad :
                                              1 . Hot-rolled or extruded
                               B. Sheet piling
          73.12                 Hoop and strip, of iron or steel, hot-rolled or cold-rolled :
                                A. Not further worked than hot-rolled
                                B. Not further worked than cold-rolled :
                                    I. In coils for the manufacture of tinplate
                                C. Clad, coated or otherwise surface-treated :
                                    III . Tinned :
                                          a) Tinplate
                                     V. Other (for example, copper-plated, artificially oxidized,
                                          lacquered, nickel-plated, varnished, clad, parkerized, prin­
                                          ted) :
                                          a) Not further worked than clad :
                                             1 . Hot-rolled
          73.15                 Alloy steel and high carbon steel in the forms mentioned in heading
                                Nos 73.06 to 73.14 :
                                A. High carbon steel :
                                       I. Ingots, blooms, billets, slabs and sheet bars :
                                           b) Other :
                                              2. Blooms, billets, slabs and sheet bars
 ---pagebreak--- 9 . 1 . 75                 Official Journal of the European Communities                               No L 5/25
                    CCT
                   heading                                  Description of goods
                     No
           73.15                     III. Coils for re-rolling
           (cont'd)
                                    IV. Universal plates
                                      V. Bars and rods (including wire rod) and hollow mining
                                          drill steel ; angles, shapes and sections :
                                          b) Not further worked than hot-rolled or extruded
                                          d) Clad or surface-worked (for example, polished, coated) :
                                              1 . Not further worked than clad :
                                                  aa) Hot-rolled or extruded
                                    VI. Hoop and strip :
                                          a) Not further worked than hot-rolled
                                          c) Clad, coated or otherwise surface-treated :
                                              1 . Not further worked than clad :
                                                  aa) Hot-rolled
                                    VII. Sheets and plates :
                                          a) Not further worked than hot-rolled
                                          b) Not further worked than cold-rolled, of a thickness of :
                                              2. Less than 3 mm
                                          c) Polished, clad, coated or otherwise surface-treated
                                          d) Otherwise shaped or worked :
                                              1 . Cut into shapes other than rectangular shapes, but
                                                  not further worked
                                B. Alloy steel :
                                       I. Ingots, blooms, billets, slabs and sheet bars :
                                          b ) Other :
                                              2. Blooms, billets, slabs and sheet bars
                                    III. Coils for re-rolling
                                    IV. Universal plates
                                      V. Bars and rods (including wire rod) and hollow mining drill
                                          steel ; angles, shapes and sections :
                                          b) Not further worked than hot-rolled or extruded
                                          d) Clad or surface-worked (for example, polished, coated) :
                                              1 . Not further worked than clad :
                                                  aa) Hot-rolled or extruded
 ---pagebreak--- No L 5/26                           Official Journal of the European Communities                                            9 . 1 . 75
                    CCT
                   heading                                               Description of goods
                     No
          73.15                                   VI. Hoop and strip :
          (cont'd)
                                                       a) Not further worked than hot-rolled
                                                       c) Clad, coated or otherwise surface-treated :
                                                          1 . Not further worked than clad :
                                                               aa) Hot-rolled
                                                 VII. Sheets and plates :
                                                       a) 'Electrical' sheets and plates
                                                       b) Other sheets and plates :
                                                           1 . Not further worked than hot-rolled
                                                          2. Not further worked than cold-rolled, of a thickness of:
                                                               bb ) Less than 3 mm
                                                          3 . Polished, clad, coated or otherwise surface-treated
                                                          4. Otherwise shaped or worked :
                                                               aa) Cut into shapes other than rectangular shapes,
                                                                    but not further worked
          73.16                             Railway and tramway construction material of iron or steel, the
                                            following : rails, check-rails, switch blades, crossings (or frogs),
                                            crossing pieces, point rods, rack rails, sleepers, fish-plates, chairs,
                                            chair wedges, sole plates (base plates), rail clips, bedplates, ties and
                                            other material specialized for joining or fixing rails :
                                            A. Rails :
                                                 II . Other
                                            B. Check-rails
                                            C. Sleepers
                                            D. Fish-plates and sole plates
                                                 I. Rolled
           ') For products falling within this tariff heading, the maximum amount pursuant to Article 2 (2) may in the case
              of Yugoslavia not exceed 529 800 units of account .
 ---pagebreak--- 9 . 1 . 75                         Official Journal of the European Communities                            No L 5 / 27
Once imports into the Community as a whole of                 Each Member State shall immediately inform the
products originating in beneficiary countries and terri­      Commission and the other Member States :
tories have reached the following ceiling, the Member
States may agree to restore duties throughout the             — if imports of a product reach the full amount of
Community. The ceiling shall be equal to a figure                 the quota or ceiling specified in . Article 1 in
representing, for each category of product, the value in          respect of that product ;
units of account of cif imports of the products in ques­
tion into the Community in 1971 from the abovemen­            — if imports of products originating in one of the
tioned countries and territories, other than those                beneficiary countries or territories reach the
                                                                  percentage as specified in Article 2 of the amount
already accorded preferential tariff treatment by the
                                                                  of the quota or ceiling specified in Article 1 .
nine Member States of the European Coal and Steel
Community, plus 5 % of the value of cif imports in
1972 from other countries and from those already
enjoying such preferential treatment. Imports already                                 Article 4
exempt from customs duty under such preferential
arrangements shall not be set against this ceiling.
                                                              1.    This Decision shall be notified to the Govern­
                        Article 2                             ments of the Member States and published in the Offi­
                                                              cial Journal of the European Communities. It shall
The Member States, acting in liaison with the                 enter into force for each government by virtue of its
Commission, shall see to it that imports into the             notification .
Community under the tariff preferences provided for
in Article 1 from any one of the countries and territo­       2.    It shall remain in force until 31 December 1975 .
ries concerned do not exceed a specified fraction of
the total quantity which may be imported into the
Community under those preferences .
This fraction shall be 50 % for all products with the
exception of those of heading No 73.13 , for which it         Done at Brussels, 19 December 1974 .
shall be 30 % .
                         Article 3                                                       For the Commission
The Member States shall notify the Commission at                                             The President
regular intervals of the quantities imported under the
tariff quotas and ceilings provided for in Article 1 .                                  Francois-Xavier ORTOLI
 ---pagebreak--- No L 5/ 28                      Official Journal of the European Communities                         9 . 1 . 75
                                                    ANNEX
           LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERAL­
                                          IZED TARIFF PREFERENCES
                                           INDEPENDENT COUNTRIES
           Afghanistan                                              Malawi
           Algeria                                                  Malaysia
           Argentina                                                Maldive Islands
           Bahamas                                                  Mali
           Bahrain                                                  Mauritania
           Bangladesh                                               Mauritius
           Barbados                                                 Mexico
           Bhutan                                                   Morocco
           Bolivia                                                  Nauru
           Botswana                                                 Nepal
           Brazil                                                   Nicaragua
           Burma                                                    Niger
           Burundi                                                  Nigeria
           Cameroon                                                 Oman
           Central African Republic                                 Pakistan
           Chad                                                     Panama
           Chile                                                    Paraguay
           Colombia                                                 Peru
           Congo, People's Republic of                              Philippines
           Costa Rica                                               Qatar
           Cuba                                                      Rwanda
           Cyprus                                                    Saudi Arabia
           Dahomey                                                   Senegal
           Dominican Republic                                        Sierra Leone
           Ecuador                                                   Singapore
           Egypt, Arab Republic of                                   Somalia
           El Salvador                                               Sri Lanka
           Equatorial Guinea                                         Sudan
           Ethiopia                                                  Swaziland
           Fiji                                                      Syria
           Gabon                                                     Tanzania
           Gambia                                                    Thailand
           Ghana                                                     Togo
           Guatemala                                                 Tonga
           Guinea                                                    Trinidad and Tobago
           Guyana                                                    Tunisia
           Haiti                                                     Uganda
           Honduras                                                  United Arab Emirates :
           India                                                         Abu Dhabi
           Indonesia                                                     Dubai
           Iran                                                          Ras al Khaimah
           Iraq                                                          Fujairah
           Ivory Coast                                                   Ajman
           Jamaica                                                       Shariah
           Jordan                                                        Ummal Qaiwain
           Kenya                                                     Upper Volta
           Khmer Republic                                            Uruguay
           Korea (South)                                             Venezuela
           Kuwait                                                    Vietnam , Republic of
           Laos                                                      Western Samoa
            Lebanon                                                  Yemen, People's Democratic Republic of
            Lesotho                                                  Yemen Arab Republic
            Liberia                                                  Yugoslavia
            Libya                                                    Zaïre
            Malagasy Republic                                        Zambia
 ---pagebreak--- 9 . 1 . 75                                Official Journal of the European Communities                                                           No L 5/29
                                                       COUNTRIES AND TERRITORIES
           dependent or administered, or (or whose external relations Member States of the Commu­
                                     nity or third countries are wholly or partly responsible
           Afars and Issas (Territory of the)
           Angola (including Cabinda)
           Australian Antarctic Territory
           Belize
           Bermuda
           British Antarctic Territory
           British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
           British Pacific Ocean (')
           Brunei
           Cape Verde Islands
           Cayman Islands and Dependencies
           Christmas Island
           Cocos (Keeling) Islands
           Comoro Archipelago
           Corn Islands and Swan Islands
           Falkland Islands and Dependencies
           French Polynesia
           French Southern and Antarctic Territories
           Gibraltar
           Heard Island and MacDonald Islands
           Hong Kong
           Leeward Islands (2)
           Macao
           Mozambique
           Netherlands Antilles
           New Caledonia and Dependencies
           Norfolk Islands
           Pacific Islands administered by the United States of America or under United States trusteeship (3)
           Papua-New Guinea
           Portuguese Guinea
           Portuguese Timor
           St Helena (including Ascension, Gough Island, and Tristan da Cunha)
           Saint Pierre and Miquelon
           Sao Tome and Principe
           Seychelles (including Amirantes)
           Sikkim
           Spanish territories in Africa
           Surinam
           Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands and
               Ross Dependency)
           Turks and Caocos Islands
           Virgin Islands of the United States (St Croi^, St Thomas, St John, etc.)
           Wallis and Futuna Islands
           Windward Islands (4)
            Note : The above lists may be amended subsequently to take account of changes in the international
                     status of countries or territories .
           (') Gilbert and Ellice Islands, British Solomon Islands, New Hebrides, Condominium, and Pitcairn Islands.
           (2) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
           (3) The Pacific Islands administered by the United States of America include : Guam, American Samoa (including Swain's Island),
               Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the Caroline, Marianas and
               Marshall Islands).
           (4) Dominica, Grenada, St Lucia, St Vincent.