CELEX: 31974D0535
Language: en
Date: 1974-01-18 00:00:00
Title: Commission Decision of 18 January 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 (fifty-eighth derogation)

8. 11 . 74                                 Official Journal of the European Communities                               No L 300/29
                                                                       II
                                              (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                     COMMISSION DECISION
                                                            of 18 January 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
                                                         ( fifty-eighth derogation)
                                                                (74/ 535/ ECSC)
THE COMMISSION OF THE EUROPEAN                                              Whereas, under the terms of the offer in question,
COMMUNITIES,                                                                annual ceilings are normally calculated on the bases
                                                                            of the value of cif imports in 1971 from countries
Having regard to the Treaty establishing the European                       benefiting from the system, other than those- already
Coal and Steel Community, and in particular Articles                        accorded preferential treatment by the Communities,
2 to 5 , 8 , 71 and 74 thereof ;
                                                                            plus 5 % of the value of cif imports from other coun­
Having regard to High Authority recommendation                              tries, including those already enjoying such treat­
No 1 /64 ( ! ) of 15 January 1964 to the Governments of                     ment ;
the Member States concerning an increase in the
protective duty on iron and steel products at the
external frontiers of the Community, and in particular                      Whereas the European Communities decides to apply
Article 3 thereof ;                                                         these tariff preferences from 1 July 1971 ;
Whereas the European Communities made an offer
within the framework of the UNCTAD concerning                               Whereas they were applied from 1 July 1971 to 31
the granting of tariff preferences for manufactures and                     December 1973 in the manner described above and
semi-manufactures from developing countries ;                               should continue to be applied during 1974 ;
whereas the preferential treatment envisaged by this
offer extends, as a general rule, to all industrial manu­
factures and semi-manufactures in Chapters 25 to 99                         Whereas this offer of tariff preferences extends to a
of the Brussels Nomenclature originating in deve­                           number of iron and steel products which are covered
loping countries ; whereas the preference takes the                         by the Treaty establishing the European Coal and
form of exemption from customs duties ; whereas pref­                       Steel Community and were the subject of High
erential treatment is accorded to imports up to a                           Authority recommendation No 1 /64 of 15 January
ceiling calculated in terms of value for each product                        1 964 ;
on a uniform basis for all products ; whereas, with a
view to limiting the preference given to the more
competitive developing country or countries and                             Whereas the commercial policy objectives of this offer
reserving a substantial share for the less competitive,                     justify the authorization of a derogation from the obli­
preferential imports from any one developing country                        gations arising under Article 1 of the abovementioned
may not, as a general rule, exceed 50 % of the ceiling                      recommendation to ;illow duty-free importation of
fixed for that product ;                                                    iron and steel products originating in the third coun­
                                                                            tries concerned within the limits of the quotas and
(') OJ No 8 , 22 . 1 . 1964, p . 99 / 64 .                                  ceilings defined in Article 1 of this Decision ;
 ---pagebreak---  No L 300/30                             Official Journal of the European Communities                                         8 . 11 . 74
 Whereas, to this end, the import opportunities offered                 sion for single allocation of import opportunities
 by the Communities should be allocated among                           among the Member States ;
 Member States in such a way as to ensure equal and
                                                                        Whereas the Governments of the Member States have
 continuous access for all Community importers and
 the uninterrupted application of the preferential rates                been consulted on the derogation provided for by this
 envisaged to all the imports in question in all Member                 Decision ,
 States until such time as these import opportunities
 have been exhausted ;
                                                                        HAS ADOPTED THIS DECISION :
 Whereas time would be needed to calculate the alloca­
 tions plus a reserve ; whereas this cannot be recon­                                            Article 1
 ciled with the necessary continuity in the application
 of the tariff preferences in question ; whereas, under                 By way of derogation from the obligations arising
 these circumstances, recourse must again be had to                     under Article 1 of High Authority recommendation
 the standard scale which was used to allocate import                   No 1 /64 of 15 January 1964, the Member States are
 opportunities among the Member States in respect of                    hereby authorized to take, by common agreement the
 products covered by the Treaty establishing the Euro­                  necessary steps to apply to imports of the iron and
 pean Economic Community ; whereas, for this new                        steel products listed below, originating in the coun­
 period, it should once more be possible to make provi­                 tries and territories set out in Annex A :
                                 1 . Tariff quotas with a nil rate of duty for the following products
      CCT                                                                                                    Quota attributed to
     heading                                      Description of goods                                         Member States
       No                                                                                                         ( in u.a .)
73.08               Iron or steel coils for re-rolling                                                 Germany                  3  066 250
                                                                                                       Benelux                   1 170 750
                                                                                                       France                   2  118 500
                                                                                                       Italy                     1 672 000
                                                                                                       Denmark                     557 500
                                                                                                       Ireland                     111 500
                                                                                                       United Kingdom           2 453  000
73.10              Bars and rods ( including wire rod), of iron or steel, hot-rolled,                  Germany                  1 809  775
                   forged, extruded, cold-formed or cold-finished (including precision­                Benelux                     691 005
                   made) ; hollow mining drill steel :                                                 France                   1 250  390
                                                                                                       Italy                       987 150
                   A. Not further worked than hot-rolled or extruded                                   Denmark                     329 050
                                                                                                       Ireland                      65 810
                   D. Clad or surface-worked ( for example, polished, coated) :                        United Kingdom           1 447  820
                       I. Not further worked than clad :
                            a ) Hot-rolled or extruded
73,1               Angles, shapes and sections, of iron or steel, hot-rolled, forged,                  Germany                     899 250
                   extruded, cold-formed or cold-finished ; sheet piling of iron or                    Benelux                     343 350
                   steel , whether or not drilled , punched or made from assembled                     France                      621 300
                   elements :                                                                          Italy                       490 500
                                                                                                       Denmark                     163 500
                   A. Angles, shapes and sections :                                                    Ireland                      32 700
                                                                                                       United Kingdom              719 400
                          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
 ---pagebreak--- 8. 11 . 74                          Official Journal of the European Communities                                     No L 300/ 31
      CCT                                                                                                 Quota attributed to
    heading                                    Description of goods                                         Member States
       No                                                                                                      (in u.a .)
73.13            Sheets and plates, of iron or steel, hot-rolled or cold-rolled :                    Germany               5  215 925
                                                                                                     Benelux               1  991 535
                 A. 'Electrical' sheets and plates                                                   France                3  603 730
                                                                                                     Italy                 2  845 050
                 B. Other sheets and plates :                                                        Denmark                  948 350
                                                                                                     Ireland                  189 670
                       I. Not further worked than hot-rolled
                                                                                                     United Kingdom        4 172 740
                      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 i>n 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 .
                                         2. Nil rates of duty to the following products
                      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
            73.12                           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
 ---pagebreak--- No L 300/32                Official Journal of the European Communities                                   8 . 11 . 74
                     CCT
                   heading                                    Description of goods
                     No
            73.12                 C. Clad, coated or otherwise surface-treated :
            (Cont'd)
                                     III. Tinned :
                                           a) Tinplate
                                      V. Other (for example, copper-plated, artificially oxidized, lac­
                                           quered, 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 head
                                 ing 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
                                       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
 ---pagebreak--- 8 . 11 . 74                Official Journal of the European Communities                                   No L 300/33
                     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) 'Electrical' sheets and plates
                                           b) Other sheets and plates :
                                               1 . Not futher 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 track 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
 ---pagebreak---   No L 300/34                       Official Journal of the European Communities                              8 . 11 . 74
  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 ceiling defined below, the
  Member States may, by common agreement, re-intro­           — if imports of a product reach the maximum of one
  duce the levying of duties throughout the Commu­                 of the quotas or ceilings fixed in Article 1 ,
  nity. The ceiling shall be equal to a figure repre­
  senting, for each category of product, the value in         — if imports of products       originating in one of the
                                                                   beneficiary countries    or territories reach the
  units of account of cif imports of the products in ques­
                                                                   percentage, specified in Article 2, of the maximum
  tion into the Community in 1971 from the abovemen­
  tioned countries and territories, other than those               of one of the quotas     or ceilings referred to in
                                                                   Article 1 .
  already accorded preferential tariff treatment by the
  Member States of the European Coal and Steel
  Community, plus 5 % of the value of cif imports in
  1971 from other countries, including those already                                   Article 4
  enjoying such preferential treatment. Imports already
  exempt from customs duty under such preferential
                                                               1.    This Decision shall be notified to the Govern­
i arrangements shall not be set against this ceiling.
                                                               ments of the Member States and published in the Offi­
                          Article 2
                                                               cial Journal of the European Communities. It shall
                                                               enter into force for each Government by virtue of its
  The Member States shall be required to ensure, in            notification .
  liaison with the Commission, that total imports into
  the Community under the tariff preferences provided          2.    It shall be valid until 31 December 1974.
  for in Article 1 are limited for each of these countries
  and territories to a fraction of the import opportuni­
  ties offered by the Community as a whole.
  This fraction is hereby fixed at 50 % for all products
  with the exception of those of heading No 73.13 ; for        Done at Brussels, 18 January 1974.
  these the fraction is hereby fixed at 30 % .
                          Article 3                                                      For the Commission
  The Member States shall notify the Commission at                                            The President
  regular intervals of the imports actually set against the
  tariff quotas and ceilings provided for in Article 1 .                                Francois-Xavier ORTOLI
 ---pagebreak--- 8. 11 . 74                       Official Journal of the European Communities                         No L 300/35
                                                    ANNEX A
                List of developing countries and territories enjoying generalized 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                                                          Sharjah
           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                                                         Zaire
           Malagasy Republic                                             Zambia
 ---pagebreak--- No L 300/36                               Official Journal of the European Communities                                                              8 . 11 . 74
                                                       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)
           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 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 and Ellice Islands, British Solomon Islands , New Hebrides Condominium , and Pitcairn Islands .
           (') 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).
           (■•) Dominica , Grenada , St Lucia , St Vincent .