CELEX: 
Language: en
Date: 1974-08-29 00:00:00
Title: Commission Decision of 29 July 1974 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 (63rd derogation)

No L 237/32                              Official Journal of the European Communities                               29 . 8 . 74
                                                   COMMISSION DECISION
                                                        of 29 July 1974
               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
                                                       (63rd derogation)
                                                         (74/434/ECSC)
THE COMMISSION OF THE EUROPEAN                                      Whereas these measures are justified by the fact that
COMMUNITIES ,                                                       the products in question are not manufactured, or
                                                                    are manufactured in insufficient quantities, in the
                                                                    Community and that their importation on preferen­
                                                                    tial terms is not injurious to iron and steel under­
Having regard to the Treaty establishing the Euro­                  takings in the Community which produce directly
pean Coal and Steel Community, and in particular                    competing products ;
Articles 2 to 5 , 8 , 71 and 74 thereof ;
Having regard to High Authority Recommendation                      Whereas these reasons and circumstances, on which
No 1 /64 ( J ) of 15 January 1964 to the Governments                the six-monthly tariff measures taken by the Member
of the Member States concerning an increase in the                  States are based, also allow, given present conditions
protective duty on iron and steel products at the                   on the common market in steel, of their application
external frontiers of the Community, and in particu­                within the framework of Recommendation No 1 /64
lar Article 3 thereof ;                                             of 15 January 1964 ; whereas neither this suspension
                                                                    of duties nor these tariff quotas are likely to jeopar­
                                                                    dize the objectives of Recommendation No 1 /64
                                                                    concerning an increase in the protective duty at the
Having regard to the agreement reached on 25 June                   external frontiers of the Community and whereas,
1 974 by representatives of the Member States within                furthermore, these tariff measures help to maintain
the Council on tariff measures to be taken for the                  existing trade flows between the Member States and
last six months of 1974 ;                                           third countries ;
Whereas, for years past, representatives of the
Governments of the Member States met within the                     Whereas these are special cases in the commercial
Council have unanimously agreed on six-monthly                      policy field justifying the authorization of derogations
derogations from the harmonized Community                           pursuant to Article 3 of Recommendation No 1 /64 ;
customs duties for steel ;
Whereas these derogations take the form of either                   Whereas there should be a guarantee that quotas
a reduction or temporary suspension of certain                      granted will be used solely to supply the needs of
customs duties or of the granting of tariff quotas                  industries in the importing countries and that re-ex­
at reduced or suspended rates of duty ; whereas the                 portation to other Member States, in the same state
last tariff measures of this kind were taken by the                 as that in which they were imported, of imported
representatives of the Governments of the Member                    iron and steel products , will be prevented ;
States on 25 June 1974 for the last six months
of 1974 ;
                                                                    Whereas the Governments of the Member States have
H OJ No 8 , 22 . 1 . 1964 , p . 99 /64 .                            been consulted on the tariff quotas set out below,
 ---pagebreak---  29 . 8 . 74                         Official Journal of the European Communities                            No L 237/33
 HAS ADOPTED THIS DECISION :                                    under Article 1 of High Authority Recommendation
                                                                No 1 /64 of 15 January 1964 to the extent necessary
                                                                to introduce, in respect of imports from third coun­
                       Article 1                                tries of the iron and steel products set out below,
                                                                suspension of duties or tariff quotas up to the
 The Governments of the Member States are hereby                quantities and at the levels indicated in respect of
 authorized to derogate from the obligations arising            each of these products :
                                                                                                      Quota      Customs
     CCT heading No                       Description of goods                     Member States
                                                                                                  ( metric tons)   ( °/o)
ex 73.15 A V b ) 1  Special wire rod ( wire rod or high carbon steel , not     Germany                 1 900          0
                     further worked than hot-rolled , between 4-5 and 6 mm     Benelux                 9 000          0
                    in diameter and of a carbon content in weight of           France                  4 000          0
                     between 0-62 and 0-74% ) for the tyre industry            Italy                   8 000          0
                                                                               Ireland                 3 000          0
ex 73.15 A V b ) 1   Special wire rod ( wire rod of high carbon steel , not    Benelux                 1 800          0
                    further worked than hot-rolled, between 4-5 and 6
                     mm in diameter and of a carbon content in weight of
                     between 0-62 and 0-85% ) for the tyre industry
e * 73.15 A V b) 1  Special wire rod ( of high carbon steel , not further      Germany                 8 500          0
                    worked than hot-rolled , between 4-5 and 13 mm in          Benelux                 1 350          0
                    diameter) for the manufacture of springs and 'piano        France                  1 200          0
                    wire '
                    containing in weight
                    — 0-60 to 1-05% of carbon
                    — not more than 0-05% of sulphur and phosphorus
                         taken together
                    — 0-15 to 0-30% 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% Mn ;
                         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 73.15 B VII a    ' Electrical ' sheets and plates of allied steel , grain­  Germany                1 200          0
                    oriented , highly permeable , with a watt-loss of 1-23     Netherlands               700         0
                    watts or less per kg for a thickness of 0-30 mm , or of
                    1-26 watts or less per kg for a thickness of 0-35 mm ,
                    measured at 17 000 gauss and 50 Hz
ex 73.16 A II b)    Used rails for re-rolling                                  France                36 000          0
 ---pagebreak--- No L 237/34                        Official Journal of the European Communities                       29 . 8 . 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 31 December 1974.
            Done at Brussels , 29 July 1974.
                                                                           For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI