CELEX: 31978D0116
Language: en
Date: 1977-12-23 00:00:00
Title: Commission Decision of 23 December 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 (92nd derogation)

No L 40 / 10                           Official Journal of the European Communities                                 10 . 2 . 78
                                                                   II
                                           (Acts whose publication is not obligatory)
                                                   COMMISSION
                                                  COMMISSION DECISION
                                                     of 23 December 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
                                                        (92nd derogation )
                                                          (78 / 1 16/ECSC)
THE COMMISSION OF THE EUROPEAN                                         to imports up to a ceiling calculated in terms of value
COMMUNITIES,                                                           for each product on a uniform basis for all products ;
                                                                       whereas, with a view to limiting the preference given
                                                                       to the more competitive developing countries, prefer­
                                                                       ential imports from any one developing country may
                                                                       not, as a general rule, exceed 50 % of the ceiling fixed
Having regard to the Treaty establishing the European                  for that product ;
Coal and Steel Community, and in particular Articles
2 to 5, 8 , 71 and 74 thereof,
                                                                       Whereas, under the terms of the offer in question,
                                                                       annual ceilings are normally calculated on the basis of
Having regard to High Authority recommendation                         the value of cif imports in 1971 from countries bene­
 1 /64 of 15 January 1964 to the Governments of the                    fiting from the system, other than those already
Member States concerning an increase in the protec­                    accorded preferential treatment by the Communities,
tive duty on iron and steel products at the external                   plus 5 % of the value of cif imports in 1974 from
frontiers of the Community ('), and in particular                     other countries, including those already enjoying such
Article 3 thereof,                                                     treatment ;
Whereas the European Communities have made an
offer within the framework of UNCTAD concerning                        whereas the European Communities have applied
the granting of tariff preferences of manufactures and                these tariff preferences since 1 July 1971 ;
semi-manufactures from developing countries ;
whereas the preferential treatment envisaged by this
offer extends in principle to all industrial manufac­
tures and semi-manufactures in Chapters 25 to 99 of
the Brussels Nomenclature originating in developing                   Whereas they have been applied from 1 July 1971
countries ; whereas preferential treatment is accorded                until 31 December 1977 under the above conditions
                                                                      and it is appropriate to continue to apply them during
(') OJ No 8 , 22. 1 . 1964, p . 99/ 64.                               the year 1978 ;
 ---pagebreak---  10 . 2 . 78                       Official Journal of the European Communities                        No L 40/ 1 1
Whereas this offer of tariff preferences extends to a        circumstances recourse must again be had to the
number of iron and steel products which are covered          standard scale which was used for the purposes of allo­
by the Treaty establishing the European Coal and             cation among the Member States in respect of
Steel Community and were the subject of High                 products covered by the Treaty establishing the Euro­
Authority recommendation 1 /64 of 15 January 1964 ;          pean Economic Community ; whereas for this new
                                                             period it should once more be possible to make provi­
Whereas the commercial policy objectives of this offer       sion for a single allocation of preferential imports
justify the authorization of a derogation from the obli­     among the Member States ;
gations arising under Article 1 of the abovementioned
recommendation so as to allow the duty-free importa­         Whereas the Governments of the Member States have
tion, within the limits of the quotas and ceilings speci­    been consulted on the derogation provided for by this
fied in Article 1 of this Decision , of iron and steel       Decision ,
products originating in the third countries concerned ;
Whereas to this end the preferential import possibili­       HAS ADOPTED THIS DECISION :
ties offered by the Communities should be allocated
among the Member States in such a way as to ensure
equal and the uninterrupted application of the prefer­                                Article 1
ential rates envisaged to all the imports in question in
all Member States until such time as those import            By way of derogation from the obligations under
possibilities have been exhausted ;                          Article 1 of High Authority recommendation 1 /64 of
                                                             15 January 1964, the Member States are hereby autho­
Whereas the time which would be needed to calculate          rized to take by agreement the necessary steps to
the allocations plus a reserve cannot be reconciled          apply in respect of imports of the iron and steel
with the necessary continuity in the application of the      products hereinafter set out originating in the coun­
tariff preferences in question ; whereas under these         tries and territories set out in Annex A hereto :
 ---pagebreak--- No L 40/ 12                              Official Journal of the European Communities                                          10 . 2 . 78
                            1 . For the following products, tariff quotas with a nil rate of duty
      CCT                                                                                                      Quota attributed
    heading                                              Description                                          to Member States
       No                                                                                                          ( in u.a .)
    73.08           Iron and steel coils for re-rolling                                                 Germany                 3 325 245
                                                                                                        Benelux                 1 269 640
                                                                                                        France                  2 297 440
                                                                                                        Italy                   1813 770
                                                                                                        Denmark                    604 590
                                                                                                        Ireland                    120 920
                                                                                                        United Kingdom          2 660 195
    73.10           Bars and rods (including wire rod) of iron or steel , hot-rolled , forged ,         Germany                 2 060 810
                   extruded, cold-formed or cold-finished (including precision made) ;                  Benelux                    786 860
                                                                                                        France                   1 423 840
                    hollow mining drill steel :
                                                                                                        Italy                    1 124 090
                    A. Not further worked than hot-rolled or extruded                                   Denmark                    374 700
                                                                                                        Ireland                     74 940
                    D. Clad or surface-worked (for example , polished , coated) :
                                                                                                        United Kingdom           1 648 660
                         1 . Not further worked than clad :
                               a) Hot-rolled or extruded
     73.13          Sheets and plates, of iron or steel , hot-rolled or cold-rolled :                   Germany                 6 446 055
                                                                                                        Benelux                 2 461 220
                    A. ' Electrical' sheets and plates                                                  France                  4 453 640
                    B. Other sheets and plates :                                                        Italy                   3 516 030
                                                                                                        Denmark                  1 172 010
                           I. Not further worked than hot-rolled                                        Ireland                    234 400
                          II . Not further worked than cold-rolled , of a thickness of :                United Kingdom          5 1 56 845
                                 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 rectangular 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 charged against the above
            tariff quotas.
 ---pagebreak--- 10 . 2 . 78               Official Journal of the European Communities                                          No L 40 / 13
                          2 . For the following products , nil rates of duty
               CCT
             heading                                               Description
                No
            73.07(1 )        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 (2 ) 3)    Angles, shapes and sections, of iron or steel , hot-rolled, forged , extruded ,
                             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 , printed) :
                                        a) Not further worked than clad :
                                             1 . Hot-rolled
            73.15 4 )         Alloy steel and high carbon steel in the forms mentioned in heading
                              Nos 73.06 to 73.1 4 :
                              A. High carbon 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
 ---pagebreak--- No L 40 / 14           Official Journal of the European Communities                               10 . 2 . 78
                CCT
               heading                                        Description
                 No
              73.15          V. Bars and rods (including wire rod) and hollow mining drill
             (cont'd)              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
                             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
 ---pagebreak---  10 . 2 . 78                                    Official Journal of the European Communities                                                            No L 40 / 15
                              CCT
                             heading                                                          Description
                                No
                             73.15                       VII . Sheets and plates
                            (cont 'd)
                                                                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-plate 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 tailing within this tariff heading , the ceiling pursuant to Article I ( 2) may not exceed 6 899 000 u.a .
               ( : ) For products falling within this tariff heading, the ceiling pursuant to Article I ( 2) may not exceed 3 961 000 u.a .
               (-') For products falling within this tariff heading , the maximum amount pursuant to Article 2 may in the case of Yugoslavia not exceed
                     594 I SO u.a .
               (4 ) For products falling within this tariff heading , the ceiling pursuant to Article I ( 2) may not exceed 12 224 000 u.a .
Once imports into the Community as a whole of                                                                              Article 2
products originating in beneficiary countries and terri­
tories have reached the following ceiling, the Member
States may agree to restore duties throughout the                                         Member States, acting in liaison with the Commis­
Community. The ceiling shall be equal to a figure                                         sion , shall ensure that imports into the Community
representing, for each category of product, the value in                                  under the tariff preferences provided for in Article 1
units of account of cif imports of the products in ques­                                  from any one of the countries and territories
tion into the Community in 1971 from the abovemen­                                        concerned do not exceed a specified fraction of the
tioned countries and territories, other than those                                        total quantity which may be imported into the
already accorded preferential tariff treatment by the                                     Community under those preferences .
nine Member States of the European Coal and Steel
Community, plus 5 % of the value of cif imports in
1974 from other countries and from those already                                          This fraction shall be 50 % for all products with the
enjoying such preferential treatment. For the parti­                                      exception of those of heading No 73.08 for which it
cular purpose of the abovementioned calculations, the                                     shall be 40 % , and heading No 73.13, for which it
statistics referring to the year 1 974, expressed in EUR,                                 shall be 30 % .
are to be considered as being expressed in units of
account of the Common Customs Tariff .
                                                                                                                           Article 3
Imports already exempted from customs duties under
such preferential treatment shall not be counted                                          Member States shall notify the Commission at
against the said ceiling.                                                                 monthly intervals of the quantities imported under
 ---pagebreak--- No L 40/ 16                         Official Journal of the European Communities                           10 . 2 . 78
the tariff quotas, and at regular intervals of the quanti­                            Article 4
ties imported under the ceilings provided for in              This  Decision    shall  remain    in  force until    31
Article 1 .
                                                               December 1978 .
Each Member State shall immediately inform the                This Decision is addressed to the Member States .
Commission and the other Member States :
— if imports of a product reach the full amount of
    the quota or ceiling specified in Article 1 in             Done at Brussels, 23 December 1977 .
    respect of that product,
                                                                                        For the Commission
— if imports of products originating in one of the
    beneficiary countries or territories reach the                                     Wilhelm HAFERKAMP
    percentage as specified in Article 2 of the amount
    of the quota or ceiling specified in Article 1 .                                        Vice-President
 ---pagebreak--- 10 . 2. 78                        Official Journal of the European Communities                           No L 40/ 17
                                                           ANNEX
                 List of developing countries and territories enjoying generalized tariff preferences
                                            1 . INDEPENDENT COUNTRIES
660 Afghanistan                                  260 Guinea                           440 Panama
208 Algeria                                      257 Guinea Bissau                    801 Papua New Guinea
330 Angola                                       488 Guyana                           520 Paraguay
528 Argentina                                    452 Haiti                            504 Peru
453 Bahamas                                      424 Honduras                         708 Philippines
640 Bahrain                                      664 India                            644 Qatar
666 Bangladesh                                   700 Indonesia                        247 Republic of Cape Verde
469 Barbados                                     616 Iran                             324 Rwanda
284 Benin                                        612 Iraq                             311 Sao Tome and Principe
675 Bhutan                                       272 Ivory Coast                      632 Saudi Arabia
516 Bolivia                                      464 Jamaica                          248 Senegal
391 Botswana                                     338 Jibuti                           355 Seychelles and dependencies
508 Brazil                                       628 Jordan                           264 Sierra Leone
676 Burma                                        346 Kenya                            706 Singapore
328 Burundi                                      636 Kuwait                           342 Somalia
696 Cambodia                                     684 Laos                             728 South Korea
302 Cameroon                                     604 Lebanon                          656 South Yemen
306 Central African Empire                       395 Lesotho                           669 Sri Lanka
244 Chad                                         268 Liberia                           224 Sudan
512 Chile                                        216 Libya                             492 Surinam
480 Colombia                                     370 Madagascar                        393 Swaziland
375 Comoros                                      386 Malawi                            608 Syria
318 Congo                                        701 Malaysia                          352 Tanzania
436 Costa Rica                                   667 Maldives                          680 Thailand
448 Cuba                                         232 Mali                              280 Togo
600 Cyprus                                       228 Mauritania                        817 Tonga
456 Dominican Republic                           373 Mauritius                         472 Trinidad and Tobago
500 Ecuador                                      412 Mexico                            212 Tunisia
220 Egypt                                        204 Morocco                           350 Uganda
428 El Salvador                                  366 Mozambique                        647 United Arab Emirates
310 Equatorial Guinea                            803 Nauru                             236 Upper Volta
334 Ethiopia                                     672 Nepal                             524 Uruguay
815 Fiji                                         432 Nicaragua                         484 Venezuela
314 Gabon                                        240 Niger                             690 Vietnam
252 Gambia                                       288 Nigeria                           819 Western Samoa
276 Ghana                                        652 North Yemen                       048 Yugoslavia
473 Grenada                                      649 Oman                              322 Zaire
416 Guatemala                                    662 Pakistan                          378 Zambia
 ---pagebreak--- No L 40/ 18                                Official Journal of the European Communities                                                             10 . 2. 78
                                                    II . COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Commu­
                                      nity or third countries are wholly or partly responsible
            808 American Oceania (')
            802 Australian Oceania
            421 Belize
            413 Bermuda
            357 British Indian Ocean Territory
            812 British Oceania
            703 Brunei
            202 Canary Islands
            463 Cayman Islands
            205 Ceuta and Melilla
            529 Falkland Islands and dependencies
            822 French Polynesia
            044 Gibraltar
            740 Hong Kong
            743 Macao
            377 Mayotte
            476 Netherlands Antilles
            809 New Caledonia and dependencies
            814 New Zealand Oceania
            890 Polar regions
            329 St Helena and dependencies
            454 Turks and Caicos Islands
            457 Virgin Islands of the United States
             811 Wallis and Futuna Islands
            471 West Indies
             Note : The above lists may be amended subsequently to take account of changes in the international
                      status of countries or territories .
             (') 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).