CELEX: 31974D0041
Language: en
Date: 1973-12-20 00:00:00
Title: Commission Decision of 20 December 1973 derogating from High Authority Recommendation No 1/64 on an increase in the protective duty on iron and steel products at the external frontiers of the Community (fifty-seventh derogation)

No L 30 /26                         Official Journal of the European Communities                                  4. 2 . 74
                                                 COMMISSION DECISION
                                                    of 20 December 1973
               derogating from High Authority Recommendation No 1/64 on an increase in the
               protective duty on iron and steel products at the external frontiers of the Community
                                                  (fifty-seventh derogation)
                                                         (74/41 /ECSC)
  THE COMMISSION OF THE EUROPEAN                                     conditions on the common market in steel, of their
  COMMUNITIES,                                                       application    within       the    framework          of
                                                                    Recommendation No 1 /64 of 15 January 1964;
                                                                    whereas neither this suspension of duties nor these
  Having regard to the Treaty establishing the                      tariff quotas are likely to jeopardize the objectives
  European Coal and Steel Community, and in                         of Recommendation No 1 /64 on an increase in the
  particular Articles 2 to 5 , 8 , 71 and 74 thereof;               protective duty at the external frontiers of the
                                                                    Community and whereas, furthermore, these tariff
                                                                    measures help to maintain existing trade flows
 Having regard to High Authority Recommendation                     between the Member States and third countries ;
  No 1 /64 (*) of 15 January 1964 to the Governments
  of the Member States on an increase in the protective
 duty on iron and steel products at the external
  frontiers of the Community, and in particular                     Whereas these are special cases in the commercial
  Article 3 thereof;                                                policy    field  justifying    the authorization       of
                                                                    derogations     pursuant      to   Article    3        of
                                                                    Recommendation No 1 /64 ;
 Having regard to the Agreement reached on 17
 December 1973 by representatives of the Member
 States within the Council on tariff measures to be
 taken for the first six months of 1974 ;                           Whereas there should be a guarantee that quotas
                                                                    granted will be used solely to supply the needs of
                                                                    industries in the importing countries and that
 Whereas, for past years, representatives of the                    re-exportation to other Member States, in the same
 Governments of the Member States, meeting within                   state as that in which they were imported, of
 the Council have unanimously agreed on six­                        imported iron and steel products will be prevented ;
 monthly derogations from the harmonized
 Community customs duties for steel ;
                                                                   Whereas the Governments of the Member States
                                                                   have been consulted on the tariff quotas set out
Whereas these derogations take the form of either a                 below,
reduction or temporary suspension of certain
customs duties or of the granting of tariff quotas at
reduced or suspended rates of duty ; whereas the last
tariff measures of this kind were taken by the re­
presentatives of the Governments of the Member
States on 17 December 1973 for the first six months
of 1974;                                                           HAS ADOPTED THIS DECISION :
Whereas these measures are justified by the fact that
the products in question are not manufactured, or
are manufactured in insufficient quantities, in the                                         Article 1
Community and that their importation on
preferential terms is not injurious to iron and steel
undertakings in the Community which produce                        The Governments of the Member States are hereby
directly competing products ;                                      authorized to derogate from the obligations arising
                                                                   under Article 1 of High Authority Recommendation
                                                                   No 1 /64 of 15 January 1964 to the extent necessary
Whereas these reasons and circumstances, on which                  to introduce, in respect of imports from third
the six-monthly tariff measures taken by the                       countries of the iron and steel products set out
Member States are based, also allow, given present                 below, suspension of duties or tariff quotas up to
                                                                   the quantities and at the levels indicated in respect
0 ) OJ No 8, 22. 1 . 1964, p . 99/64.                              of each of these products :
 ---pagebreak--- 4 . 2 . 74                          Official Journal of the European Communities                              No L 30/27
        CCT heading                                                                    Member      Quota        Customs
                                              Description
           No                                                                           States in metric tons
                                                                                                                  (% )
ex 73.15 A V b ) 1   Special wire rod for the tyre industry (wire rod of         Germany           1 900           0
                     high carbon steel, not further worked than hot-rolled,      Benelux          9  000           0
                     between 4-5 and 6 mm, in diameter and of a carbon           France            4 000           0
                     content of between 0-62 and 0-74 %)                         Italy             8 000           0
                                                                                 Ireland           3 000           0
ex 73.15 A V b ) 1   Special wire rod for the tyre industry (wire rod of         Benelux           1 800           0
                     high carbon 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 A V b ) 1   Special wire rod for the manufacture of springs and         Germany           8 500           0
                     'piano wire', with the following characteristics :          Benelux           1350            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 phos­
                             phorus taken together
                          — 0-15 to 0-30 % of silicon
                          — Not more than 0-10 % of all other elements
                              (with the exception of manganese and chrom­
                              ium ) 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 to 0-65 % C ; 0-15 to 0-30 °/o Si ; 0-60 to
                          0-90% Mn ; 0-15 to 1-10 «/o Cr ; 0-15 to 0-30 °/o Va ;
                          not more than 0-30 % Mo ;
                          P and S content of less than 0·035 °/o each
                      (b) Chrome-silicon products :
                          0-50 to 0-60 °/o C ; 1-35 to 1-60 %> Si ; 0-60 to
                          0-80 %> Mn ; 0-55 to 0-80 °/o Cr;
                          P and S content of less than 0Ό35 °/o each )
 ex 73.15 B VII a) 1  'Electrical' sheets and plates, grain-oriented, with a      Germany           1 100           0
                      watt-loss of 0-34 watt or less per kg, measured at
                      10 000 gauss, regardless of thickness
 ex 73.15 B VI a )    'Electrical' sheets and plates or 'electrical' hoop and     Netherland        1 100           0
 ex 73.15 B VII a) 1  strip, grain-oriented, with a watt-loss of 0-34 watt or
                      less per kg, measured at 10 000 gauss, regardless of
                      thickness
 ex 73.16 A II b )    Used rails for re-rolling                                   France          36 000            0
 ---pagebreak--- No L 30/28                      Official Journal of the European Communities                        4. 2 . 74
                                                    Article 2
           1.     Member States accorded quotas under Article 1 of this Decision shall be
           required to ensure, in liaison with the Commission, that the quotas are distributed on
           a non-discriminatory basis among third countries .
           2.     They shall be required to take all necessary steps to rule out the possibility of
           iron and steel products imported under the tariff quotas being re-exported to other
           Member States in the same state as that in which they were imported.
                                                    Article 3
           1.    This Decision is addressed to all Member States .
           2.    It shall be valid until 30 June 1974.
           Done at Brussels, 20 December 1973 .
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI