CELEX: 31972D0485
Language: en
Date: 1972-12-29 00:00:00
Title: 72/485/ECSC: Commission Decision derogating from Recommendation No 1/64 of the High Authority concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (fifty-first derogation)

6                             Official Journal of the European Communities
 31.12.72                      Official Journal of the European Communities                      No L 303/61
                                         COMMISSION DECISION
            derogating from Recommendation No 1/64 of the High Authority concerning
            an increase in the protective duty on iron and steel products at the external
                                         frontiers of the Community
                                            (Fifty-first derogation)
                                                 (72/485/ECSC)
 THE   COMMISSION     OF THE EUROPEAN          COM­         the Member States are based, also allow, given
 MUNITIES ,                                                 present conditions on the common market in
 Having regard to the Treaty establishing the               steel, of their application within the frame­
 European Coal and Steel Community, and in                  work    of   Recommendation       No    1 /64  of
 particular Articles 2 to 5 , 8 , 71 and 74 thereof;        15 January 1964; whereas neither this suspen­
                                                            sion of duties nor these tariff quotas are likely
 Having regard to High Authority Recommen­                 to jeopardize the objectives of Recommendation
 dation No 1/64 of 15 January 1964 (Official                No 1/64 concerning an increase in the protective
 Journal of the European Communities No 8 ,                 duty at the external frontiers of the Com­
 22 January 1964, p. 99/64) to the Governments              munity and whereas, furthermore, these tariff
 of the Member States concerning an increase                measures help to maintain existing trade flows
in the protective duty on iron and steel products           between the Member States and third countries;
 at the external frontiers of the Community,
 and in particular Article 3 thereof;                      Whereas these are special cases in the com­
                                                            mercial policy field justifying the authorization
Having regard to the agreement reached on                   of derogations pursuant to Article 3 of
 11 December 1972 by representatives of the                Recommendation No 1 /64;
Member States within the Council on tariff
measures to be taken for the first six months              Whereas there should be a guarantee that
of 1973 ;                                                  quotas granted will be used solely to supply
                                                           the needs of industries in the importing countries
Whereas, for years past, representatives of the            and that re-exportation to other Member States,
A4ember States met within the Council have
                                                           in the same state as that in which they were
unanimously agreed on six-monthly derogations              imported, of imported iron and steel products
from the harmonized Community customs                      will be prevented;
duties for steel; whereas these derogations take
the form of either a reduction or temporary                Whereas the Governments of the Member
suspension of certain customs duties or of the             States have been consulted on the tariff quotas
granting of tariff quotas at reduced or suspended          set out below;
rates of duty; whereas the last tariff measures
of this kind were taken by the representatives
of the Governments of the Member States on                 HAS ADOPTED THIS DECISION:
11 December 1972 for the first six months
of 1973 ;                                                                       Article 1
Whereas these measures are justified by the                The Governments of the Member States are
fact that the products in question are not                 hereby authorised to derogate from the obli­
manufactured, or are manufactured in insuf­
                                                           gations arising under Article 1 of High Authority
ficient quantities, in the Community and that              Recommendation No 1/64 of 15 January 1964
their importation on preferential terms is not             to the extent necessary to introduce, in respect
injurious to iron and steel undertakings in the            of imports from third countries of the iron
Community which produce directly competing                 and steel products set out below, suspension
products;                                                  of duties or tariff quotas up to the quantities
Whereas these reasons and circumstances , on               and at the levels indicated in respect of each
which the six-monthly tariff measures taken by             of these products:
 ---pagebreak---                                 Official Journal of the European Communities                               7
 CCT heading                                                                      Member   Quota   Customs
      No                           Description of goods                            States    (t)     (% )
ex 73.15     Special wire rod for the tyre industry (wire rod of high carbon   Germany     2   000     0
AV (b) 1     steel, not further worked than hot-rolled, between 4·5 and        Benelux     8   000     0
             6 mm in diameter and of a carbon content of between 0*62          France      4   000     0
             and 0·74% )                                                       Italy       6   700     0
ex 73.15     Special wire rod for the tyre industry (wire rod of high carbon   Benelux     1 200       0
AV (b) 1     steel, not further worked than hot-rolled , between 4*5 and
             6 mm in diameter and of a carbon content of between 0*62
             and 0-85% )
ex 73.15     Special wire rod for the manufacture of springs and 'piano        Germany     8 500       0
AV (b) 1     wire', with the following characteristics:                        Benelux     1 350       0
                                                                               France      1 200       0
                 — of fine carbon steel
                 — not further worked than hot-rolled
                 — between 4*5 and 13 mm in diameter
                 — containing:
                     — 0*60 to 1*05% of carbon
                     — not more than 0*05% of sulphur and phosphorus
                         taken together
                     — 0Ί0 to 0-25% of silicon
                     — not more than 0-10% of all other elements (with
                         the exception of manganese and chromium) taken
                         together
                 (Germany and Benelux are authorized to import—within
                 their quotas—special wire rod of alloy steels, between 4·5
                 and 13 mm in diameter, for valve springs, with the
                 following characteristics:
                 (a) Chrome-vanadium products:
                     0-40-0 - 65% C; 0·15-0·30% Si; 0-60-0-90% Μη;
                     0·15-1·10% Cr; 0·15-0*30% Va ; not more than
                     0 '30% Mo
                     P and S content of less than 0*035% each;
                 (b) Chrome-silicon products:
                     0-50-0*60% C; 1-35-1-60% Si; 0-60-0-80% Mn;
                     0-55-0-80% Cr;
                     P and S content of less than 0-035% each)
ex 73.08     Iron or steel coils for re-rolling, clad with an alloy steel (not Benelux         600     0
A            dominating as regards weight) which contains less than 0-6%
             carbon and more than 10% chromium by weight, other
             alloying elements being disregarded (stainless steel), annealed
             and pickled, of a width of more than 900 mm and not more
             than 1303 mm and of a thickness of not more than 6 mm
ex 73.16     Used rails for re-rolling                                         France     44 000       0
A II (b)
 ---pagebreak--- 8                           Official Journal of the European Communities
                    Article 2                                             Article 3
                                                      1.    This Decision shall be notified to the
1.    Member States accorded quotas under             Governments of the Member States and pub­
Article 1 of this Decision shall be required to
ensure, in liaison with the Commission, that          lished in the Official Journal of the European
                                                      Communities. It shall enter into force for each
the quotas are distributed on a non-discrimi­         Government by virtue of its notification.
natory basis among third countries .
                                                      2.    It shall be valid until 30 June 1972.
2.    They shall be required to take all neces­
sary steps to rule out the possibility of iron and    Done at Brussels , 29 December 1972.
steel products imported under the tariff quotas                               For the Commission
being re-exported to other Member States in
the same state as that in which they were                                         The President
imported.                                                                       S. L. MANSHOLT