CELEX: 31977D0017
Language: en
Date: 1976-12-16 00:00:00
Title: Commission Decision of 16 December 1976 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-fourth derogation)

7 . 1 . 77                               Official Journal of the European Communities                              No L 5 / 1.5
                                                    COMMISSION DECISION
                                                       of 16 December 1976
               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-fourth derogation )
                                                            (77/ 17/ ECSC)
THE COMMISSION OF THE EUROPEAN                                         Whereas these reasons and circumstances , on which
COMMUNITIES,                                                           the six-monthly tariff measures taken by the Member
                                                                       States are based, also allow, given present conditions
Having regard to the Treaty establishing the European                  on the common market in steel , of their application
Coal and Steel Community, and in particular Articles                   within the framework of recommendation 1 / 64 of 15
2 to 5, 8 , 71 and 74 thereof,
                                                                       January 1964 ; whereas neither this suspension of
Having regard to High Authority recommendation                         duties nor these tariff quotas are likely to jeopardize
 1 / 64 of 15 January 1964 to the Governments of the                   the objectives of the said recommendation and
Member States concerning an increase in the protec­                    whereas, furthermore, such tariff measures help to
tive duty on iron and steel products at the external                   maintain existing trade flows between the Member
frontiers of the Community ('), and in particular                      States and third countries ;
Article 3 thereof,                                                     Whereas these are special cases in the commercial
Having regard to the agreement reached on 29                           policy field justifying the authorization of derogatio .."
November 1976 by the representatives of the Member                     pursuant to Article 3 of recommendation 1 /64 ;
States meeting within the Council on tariff measures                   Whereas provision should be made to ensure that the
to be taken for the first six months of 1977 .
                                                                       quotas granted will be used solely to supply the needs
Whereas, for years past, the representatives of the                    of industries in the importing countries and that re-ex­
Governments of the Member States meeting within                        portation in the unaltered state to other Member
the Council have unanimously agreed on six-monthly                     States of imported iron and steel products will be
derogations from the harmonized Community                              prevented ;
customs duties for steel ; whereas these derogations                   Whereas the Governments of the Member States have
take the form either of a reduction or temporary                       been consulted on the tariff quotas set out below,
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                HAS ADOPTED THIS DECISION :
were taken by representatives of the Governments of
the Member States on 29 November 1976 in respect                                               Article 1
of the first six months of 1977 ;
                                                                       The Governments of the Member States are hereby
Whereas such measures are justified by the fact that                   authorized to derogate from the obligations arising
the products in question are not manufactured, or are                  under Article 1 of High Authority recommendation
manufactured in insufficient quantities, in the                        1 / 64 of 15 January 1964 to the extent necessary to
Community and that their importation on preferential                   suspend , in respect of imports from third countries of
terms is not injurious to iron and steel undertakings                  the iron and steel products set out below, duties or
in the Community which produce directly competing                      tariff quotas in respect of the quantities and at the
products ;                                                             levels hereinbelow indicated :
(') OJ No S , 22 . 1 . 1964, p. 99 / 64 .
 ---pagebreak---  No L 5 / 16                          Official Journal of the European Communities                           7 . 1 . 77
                                                                                      Member States   Quota  Duty
    CCT heading No                         Description of goods
                                                                                                    (tonnes) (%)
ex 73.1 5 A V b) 1  Special wire rod (wire rod of high carbon steel , not         Germany ( FR)        1 050  0
                    further worked than hot-rolled , between 4-5 and 6            Benelux             9 000   0
                    mm 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               7 500    0
                                                                                  Ireland             3 000    0
ex 73.15 A V b) 1    Special wire rod (wire rod of high carbon steel , not        Benelux              1 900  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
ex 73.15 A V b) 1    Special wire rod (of high carbon steel , not further         Germany ( FR)       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               1 400  0
                     wire' containing in weight :
                    — 0-60 to 1 05 % of carbon
                    — not more than 0 05 % of sulphur and phosphorus
                         taken together
                    — 015 to 0-30 % silicon
                    — not more than 010 % 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 ;
                         015 — 110 % Cr ;
                         015 — 0-30 % Va ;
                         not more than 0-30 % Mo P and S content of less
                         than 0 0 3 5 % each ;
                    (b) Chrome-silicon products :
                         0-50  —    0-60 %  C;
                         1 .35 _    i 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) 1 ' Electrical ' sheets and plates of allied steel , grain-ori­ Germany ( FR )      1 200    0
                    ented, highly permeable, with a wattless of 1 -23 watt
                    or less per kg for a thickness of 0-30 mm , or of 1 -26
                    watt or less per kg for a thickness of 0-35 mm ,
                    measured at 1-7 tesla and 50 Hz
ex 73.1 6 A lib)     Used rails for re-rolling                                    France            1 7 600   0
 ---pagebreak--- 7 . 1 . 77                     Official Journal of the European Communities                        No L 5 / 17
                                                   Article 2
           1.    Member States accorded quotas under Article 1 of this Decision shall ensure, in
           liaison with the Commission , that such quotas are apportioned among third countries on
           a non-discriminatory basis .
           2. They shall take all necessary steps to preclude the possibility of iron and steel
           products imported under the said tariff quotas being re-exported to other Member Spates
           in the same state as that in which they were imported .
                                                   Article 3
           This Decision shall remain in force until 30 June 1977 .
                                                   Article 4
           This Decision is addressed to the Member States .
           Done at Brussels , 16 December 1976 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                               Member of the Commission