CELEX: 31978D0724
Language: en
Date: 1978-08-09 00:00:00
Title: Commission Decision of 9 August 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 (94th derogation)

No L 241 / 14                        Official Journal of the European Communities                               2. 9 . 78
                                                COMMISSION DECISION
                                                     of 9 August 1978
               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
                                                      (94th derogation )
                                                       (78/724/ 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            with the framework of recommendation No 1.64 ;
 2 to 5, 8 , 71 and 74 thereof,
                                                                 whereas neither this suspension of duties nor these
 Having regard to High Authority recommendation                   tariff quotas are likely to jeopardize the objectives of
 No 1.64 of 15 January 1964 to the Governments of                 the said recommendation ; whereas, furthermore, such
 the Member States concerning an increase in the                  tariff measures help to maintain existing trade flows
 protective duty on iron and steel products at the               between the Member States and third countries ;
 external frontiers of the Community ( 1 ), and in parti­        Whereas these are special cases in the commercial
cular Article 3 thereof,
                                                                 policy field justifying the authorization of derogation
 Having regard to the agreement reached on 8 August              pursuant to Article 3 of recommendation No 1-64 ;
 1978 by the representatives of the Member States
 meeting within the Council on tariff measures to be             Whereas provision should be made to ensure that the
 taken for the second six months of 1978 ,                       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 8 August 1978 in respect of the                                      Article 1
second 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                  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 hereinbelow
products ;                                                       indicated :
(') OJ No 8 , 22. 1 . 1964, p. 99/64.
 ---pagebreak--- 2. 9 . 78                              Official Journal of the European Communities                   No L 241 / 15
                                                                             Member State
                                                                                             Quota        Duty
    CCT heading No                          Description
                                                                                            (tonnes)      (%>
ex 73.15 A Vb) 1         Special wire rod (of high carbon steel, not    Germany (FR)         8 500         0
                         further worked than hot-rolled, between        Benelux              1 350         0
                         4.5 and 13 mm in diameter) for the manu­       France               1 400         0
                         facture of springs and 'piano wire' :
                         — 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 characteris­
                             tics :
                         (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 31 December 1978 .
 ---pagebreak--- No L 241 / 16                    Official Journal of the European Communities         2. 9 . 78
                                                     Article 4
              This Decision is addressed to the Member States.
              Done at Brussels, 9 August 1978 .
                                                                   For the Commission
                                                                  Wilhelm HAFERKAMP
                                                                      Vice-President