CELEX: 
Language: en
Date: 1977-01-21 00:00:00
Title: Commission Decision of 5 January 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 (eighty-fifth derogation)

No L 18 / 14                               Official Journal of the European Communities                               21 . 1 . 77
                                                                    II
                                              (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                     COMMISSION DECISION
                                                          of 5 January 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
                                                        (eighty-fifth derogation)
                                                              (77/76/ 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
Having regard to the Treaty establishing the European
                                                                        not, as a general rule, exceed 50 % of the ceiling fixed
                                                                        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,
Having regard to High Authority recommendation                          annual ceilings are normally calculated on the basis of
 1 /64 of 15 January 1964 to the Governments of the                     the value of cif imports in 1971 from countries bene­
Member States concerning an increase in the protec­                     fiting from the system , other than those already
tive duty on iron and steel products at the external                    accorded preferential treatment by the Communities,
frontiers of the Community ('), and in particular                       plus 5 % of the value of cif imports in 1974 from
Article 3 thereof,                                                      other countries, including those already enjoying such
                                                                        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 for 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 1976 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 1 977 ;
 ---pagebreak--- 21 . 1 . 77                        Official Journal of the European Communities                        No L 18 / 15
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
                                                             sion for a single allocation of preferential imports
Whereas the commercial policy objectives of this offer       among the Member States ;
justify the authorization of a derogation from the obli­
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
ties offered by the Communities should be allocated          HAS ADOPTED THIS DECISION :
among the Member States in such a way as to ensure
equal and continuous access for all Community impor­
ters and the uninterrupted application of the preferen­                               Article 1
tial rates envisaged to all the imports in question in
all Members States until such time as those import
possibilities have been exhausted ;                          By way of derogation from the obligations under
                                                             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 the Annex hereto :
 ---pagebreak--- No L 18 / 16                            Official Journal of the European Communities                                        21 . 1 . 77
                              1 . For the following products, tariff quotas with a nil rate of duty :
      CCT                                                                                                   Quota attribute d to
    heading                                         Description of goods                                      Member Stat es
       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                  1 813 770
                                                                                                      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 ,             Germany                2 060' 810
                    forged , extruded , cold-formed or cold-finished ( including precision­           Benelux                  786 860
                    made ) ; hollow mining drill steel :                                              France                 1 423 840
                                                                                                      Italy                  1 124 090
                                                                                                      Denmark                  374 700
                    A. Not further worked than hot-rolled or extruded                                 Ireland                    74 940
                                                                                                      United Kingdom         1 648 660
                    D. Clad or surface-worked ( for example , polished , coated ) :
                        I. 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
                                                                                                      France                 4 453 640
                    A. ' Electrical ' sheets and plates                                               Italy                  3 516 030
                                                                                                      Denmark                1 172 010
                    B. Other sheets and plates :                                                      Ireland                  234 400
                                                                                                      United Kingdom         5 156 845
                          I. Not further worked than hot-rolled
                         II . Not further worked than cold-rolled , of a 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 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--- 21 . 1. 77             Official Journal of the European Communities                                       No L 18 / 17
                       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. tolled                                                          ^
                           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,
                           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
           73.1            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 («)       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
                                III . Coils for re-rolling
                                IV . Universal plates
 ---pagebreak--- No L 18 / 18          Official Journal of the European Communities                                    21 . 1 . 77
               CCT
              heading                                     Description of goods
                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
                                     h ) 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 :
                                1 . Ingots , blooms, billets , slabs and sheet bars :
                                      b ) Other .
                                           2. Blooms, billets, slabs and sheet bars
                               111 . 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--- 21 . 1 . 77                                     Official Journal of the European Communities                                                            No L 18 / 19
                              CCT
                            heading                                                        Description of goods
                               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-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 ceiling pursuant to Article* ! ( 2 ) may not exceed 6 X99 000 u.a .
               (-1 ) For products falling within this tariff heading , the ceiling pursuant to Article 1 ( 2 ) may not exceed 3 961 000 u.a .
               ( 3 ) For products falling within this tariff heading , the maximum amount pursuant to Article 2 may in the case of Yugoslavia not exceed
                     594 1 SO u.a .
               ("1 ) For tile products falling within this tariff heading , the ceiling pursuant to Article 1 ( 2) may not exceed 12 224 000 u.a .
Once imports into the Community as a whole ot                                               ring to the year 1974, expressed in EUR, are to be                       i
products originating in beneficiary countries and terri­                                    considered as being expressed in units of account of
tories have reached the following ceiling, the Member                                       the Common Customs Tariff.                                               '
States may agree to restore duties throughout the
Community.                                                                                  Imports already exempted from customs duties under
                                                                                            such preferential treatment shall not be counted
                                                                                            against the said ceiling.
The ceiling shall be equal to a figure representing, for
each category of product, "the value in units of account
of cif imports of the products in question into the                                                                         Artie It 2
Community in 1971 from the abovementioned coun­
tries and territories, other than those already accorded                                   The Member States, acting in liaison with the
preferential tariff treatment by the nine Member                                            Commission , shall see to it that imports into the
States of the European Coal and Steel Community,                                            Community under the tariff preferences provided for
plus 5% of the value of cif imports in 1974 from                                            in Article 1 from any one of the countries and territo­
other countries and from those already enjoying such                                        ries concerned do not exceed a specified fraction of
preferential treatment. For the particular purpose of                                       the total quantity which may be imported into the
the abovementioned calculations , the statistics refer­                                     Community under those preferences .
 ---pagebreak---                                                                                                                        »
No L 18 / 20                        Official Journal of the European Communities                            21 . 1 . 77
This fraction shall be 50 % for all products with the         — if imports of products originating in one of the
exception of those of heading No 73.08 for which it               beneficiary countries or territories reach the
shall be 40 % , and heading No 73.13, for which it                percentage as specified in Article 2 of the amount
shall be 30 % .                                                   of the quota or ceiling specified in Article 1 .
                        Article 3                                                    Article 4
                                                              This Decision shall      remain   in   force   until    31
The Member States shall notify the Commission at
                                                              December 1977 .
monthly intervals of the quantities imported under
the tariff quotas, and at regular intervals of the quanti­    This Decision is addressed to the Member States .
ties imported under the ceilings provided for in
Article 1 .
                                                              Done at Brussels, 5 January 1977.
Each Member State shall immediately inform the
Commission and the other Member States :                                                For the Commission
— if imports of a product reach the full amount of                                       Finn GUNDELACH
    the quota or ceiling specified in Article 1 in
    respect of that product.                                                       Member of the Commission
 ---pagebreak--- 21 . 1 . 77                        Official Journal of the European Communities                             No L 18 /21
                                                        ANNEX A
                  List of developing countries and territories enjoying generalized tariff preferences
                                              I. INDEPENDENT COUNTRIES
Afghanistan                              Haiti                                   Rwanda
Algeria                                  Honduras                                 Sao Tome and Principe
Angola                                   India                                    Saudi Arabia           71
Argentina                                Indonesia                                Senegal
Bahamas                                  Iran                                     Seychelles
Bahrain                                  Iraq                                     Sierra Leone
Bangladesh                               Ivory Coast                              Singapore
Barbados                                 Jamaica                                  Somalia
Benin                                    Jordan                                   Sri Lanka
Bhutan                                   Kenya                                    Sudan
Bolivia                                  Khmer Republic                           Surinam
 Botswana                                Korea (South )                           Swaziland
 Brazil                                  Kuwait                                   Syria
Burma                                    Laos                                     Tanzania
 Burundi                                 Lebanon                                  Thailand
Cameroon                                 Lesotho                                  Togo
 Cape Verde Islands                      Liberia                                  Tonga
 Central African Republic                Libya                                    Trinidad and Tobago
 Chad                                    Malagasy Republic                        Tunisia
 Chile                                   Malawi                                   Uganda
 Colombia                                Malaysia                                 United Arab Emirates :
 Comoros                                 Maldive Islands                             Abu Dhabi
 Congo, People's Republic of             Mali                                        Dubai
 Costa Rica                              Mauritania                                  Ras al Khaimah
 Cuba                                    Mauritius                                   Fujairah
 Cyprus                                  Mexico                                      Ajman
 Dominican Republic                      Morocco                                     Sharjah
 Ecuador                                  Mozambique                                 Ummal Qaiwain
 Egypt, Arab Republic of                  Nauru                                   Upper Volta
 El Salvador                              Nepal                                   Uruguay
 Equatorial Guinea                        Nicaragua                               Venezuela
 Ethiopia                                 Niger                                   Vietnam
 Fiji                                     Nigeria                                 Western Samoa
 Gabon                                    Oman                                    Yemen , People's Democratic
 Gambia                                   Pakistan                                Republic of
 Ghana                                    Panama                                  Yemen Arab Republic
 Grenada                                  Papua New Guinea                        Yugoslavia
                                                                                  Zaire
 Guatemala                                Paraguay
 Guinea                                   Peru                                    Zambia
 Guinea Bissau                            Philippines
 Guyana                                   Qatar
 ---pagebreak--- No L 18 /22                                  Official Journal of the European Communities                                                            21 . 1 . 77
                                                        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
            Afars and Issas (Territory of the)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches)
            British Pacific Ocean (')
            Brunei
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling Islands)
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
            French Southern and Antarctic Territories
            Gibraltar
            Heard Island and McDonald Islands
            Hong Kong
            Leeward Islands (2)
            Macao
            Mayotte
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Island
            Pacific Islands administered by the United States of America or under United States trusteeship ^)
            Portuguese Timor
            St Helena (including Ascension , Gough Island, and Tristan da Cunha)
            Spanish territories in Africa
            Territories for which New Zealand is responsible (Cook Islands, Niue Island , Tokelau Islands and
            Ross Dependency)
            Turks and Caicos Islands
            Virgin Islands of the United States (St Croix, 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 Islands, Tuvalu , British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands .
            (-') Antigua , Montserrat , St Kitts-Nevis-Anguilla , British Virgin Islands.
            (') 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).
            (*) Dominica , St Lucia , St Vincent .