CELEX: 31972D0486
Language: en
Date: 1972-12-29 00:00:00
Title: 72/486/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-second derogation)

Official Journal of the European Communities                                 9
No L 303/64                 Official Journal of the European Communities                          31.12.72
                                       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-second derogation)
                                               (72/486/ECSC)
THE COMMISSION OF THE EUROPEAN                COM­      5% of the value of c.i.f. imports from other
MUNITIES,                                               countries, including those already enjoying
                                                        such treatment;
Having regard to the Treaty establishing the
European Coal anc Steel Community, and in               Whereas the European Communities decided
particular Articles 2 to 5, 8 , 71 and 74 thereof;      to apply these tariff preferences from 1 July 1971 ;
                                                        Whereas they were applied from 1 July 1971
Having regard to High Authority Recommen­               to 31 December 1972 in the manner described
dation No 1/64 of 15 January 1964 (Official             above and should continue to be applied during
Journal of the European Communities, No 8,              1973 ;
22 January 1964, p. 99/64) to the Governments
of the A4ember States concerning an increase            Whereas this offer of tariff preferences extends
in the protective duty on iron and steel products       to a number of iron and steel products which
at the external frontiers of the Community,             are covered by the Treaty establishing the
and in particular Article 3 thereof;                    European Coal and Steel Community and were
                                                        the subject of High Authority Recommendation
Whereas the European Communities made an                No 1/64 of 15 January 1964;
offer within the framework of the UNCTAD                Whereas the commercial policy objectives of
concerning the granting of tariff preferences for       this offer justify the authorization of a derog­
manufactures     and   semi-manufactures       from     ation from the obligations arising under
developing countries; whereas the preferential          Article 1 of the abovementioned Recommen­
treatment envisaged by this offer extends, as a         dation to allow duty-free importation of iron
general rule, to all industrial manufactures and         and steel products originating in the third
semi-manufactures in Chapters 25 to 99 of the           countries concerned within the limits of the
Brussels Nomenclature originating in developing         quotas and ceilings defined in Article 1 of this
countries; whereas tfce preference takes the form       Decision;
of exemption from customs duties; whereas               Whereas, to this end, the import opportunities
preferential treatment is accorded to imports            offered by the Communities should be allocated
up to a ceiling calculated in terms of value for         among Member States in such a way as to
each products on a uniform basis for all                 ensure equal and continuous access for all
products; whereas, with a view to limiting the           Community importers and the uninterrupted
preference given to the more competitive                 application of the preferential rates envisaged
developing country or countries and reserving           to all the imports in question in all Member
a substantial share for the less competitive,            States until such time as these import oppor­
preferential imports from any one developing            tunities have been exhausted;
country may not, as a general rule, exceed 50%
of the ceiling fixed for that product;                   Whereas time would be needed to calculate the
                                                         allocations plus a reserve; whereas this cannot
Whereas, under the terms of the offer in                 be reconciled with the necessary continuity in
question, annual ceilings are normally calcu­            the application of the tariff preferences in
lated on the basis of the value of c.i.f. imports        question; whereas, under these circumstances,
in 1968 from coun:ries benefiting from the               recourse must again be had to the standard
system, other than those already accorded                scale which was used to allocate import
preferential treatment by the Communities, plus          opportunities among the Member States in
 ---pagebreak--- 10                                 Official Journal of the European Communities
respect of products covered by the Treaty                            HAS ADOPTED THIS DECISION:
establishing the European Economic Com­
munity; whereas, for this new period, it should                                            Article 1
once more be possible to make provision for                          By way of derogation from the obligations
single allocation of import opportunities among                      arising under Article 1 of High Authority
the Member States ;
                                                                     Recommendation No 1/64 of 15 January 1964,
                                                                     the Member States are hereby authorized to
                                                                     take, by common agreement the necessary
Whereas the Governments of the Member                                steps to apply to imports of the iron and steel
States have been consulted on the derogation                         products listed below, originating in the
provided for by this Decision;                                       countries 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           3 349 500
                                                                                                  Benelux           1 348 732
                                                                                                  France            2 420 572
                                                                                                  Italy             1 813 196
     73.10    Bars and rods (including wire rod), of iron or steel, hot-rolled, forged,           Germany           1 639   125
              extruded, cold-formed or cold-finished (including precision-made); hollow           Benelux               660 021
              mining drill steel:                                                                 France            1 184   541
                                                                                                  Italy                 887 313
              A. Not further worked than hot-rolled or extruded
              D. Clad or surface-worked (for example polished, coated):
                  I.    Not further worked than clad :
                        (a) Hot-rolled or extruded
     73.11    Angles, shapes and sections, of iron or steel, hot-rolled, forged, extruded,        Germany            1 226 250
              cold-formed or cold-finished; sheet piling of iron or steel, whether or not         Benelux               493 770
              drilled, punched or made from assembled elements:                                   France                886 170
                                                                                                  Italv                 663 810
              A. Angles, shapes and sections:
                  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
     73.13    Sheets and plates, of iron or steel, hot-rolled or cold-rolled:                      Germany           5 470 125
                                                                                                   Benelux           2 202 637
                                                                                                   France            3 953 077
                                                                                                   Italy             2 961 161
              A. 'Electrical' sheets and plates
              B. Other sheets and plates:
                   I.   Not further worked than hot-rolled
                   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, copperplated, 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
 ---pagebreak---                                           Official Journal of the European Communities                                                                 11
2 . Nil rates of duly to the following products:
     CCT
    heading                                                              Description of goods
      No
     73.07 s        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.  tolled
                   B. Slats 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
                    C. Clac , coated or otherwise surface-treated:
                        ID. Tinned:
                            (a) Tinplate
                        V. Other (for example, copper-plated, artificially oxidized, lacquered, 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 headings Nos 73.06 to 73.14:
                    A. High carbon steel:
                        I. Ir-gots, blooms, billets, slabs and sheet bars:
                            (t ) Other
                                  2 . Blooms, billets , slabs and sheet bars
                        III. Coils for re-rolling
                        IV. Universal plates
                        V.   Bars and rods (including wire rods) 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. S ieets and plates:
                              (i.) 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
                              (c) Otherwise shaped or worked:
                                    1 . Cut into shapes other than rectangular shapes, but not further worked
9  By way of derogation from the rule contained in the second paragraph of Article 1 , a flat-rate ceiling of 5 000 000 units of account has been fixed for
   products falling within head ng No 73.07.
 ---pagebreak--- 12                                Official Journal of the European Communities
     CCT
    heading                                                     Description of goods
      No
    73.15     B. Alloy steel:
   (cont'd)       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) 'Electrical' sheets and plates
                       ( b) Other sheets and plates :
                            1 . Not further 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
Once imports into the Community as a whole                           Coal and Steel Community, plus 5% of the
of products originating in beneficiary countries                     value of c.i.f. imports in 1970 from other
and territories have reached the ceiling defined                     countries, including those already enjoying such
below, the Member States may, by common                              preferential treatment. Imports already exempt
agreement, re-introduce the levying of duties                        from customs duty under such preferential
throughout the Community. The ceiling shall                          arrangements shall not be set against this
be equal to a figure representing, for each                          ceiling.
category of product, the value in units of
account of c.i.f. imports of the products in                                                Article 2
question into the Community in 1968 from the
abovementioned countries and territories , other                     The Member States shall be required to ensure,
than those already accorded preferential tariff                      in liaison with the Commission, that total
treatment by the Member States of the European                       imports into the Community under the tariff
 ---pagebreak---                               Official Journal of the European Communities                                13
preferences provided for in Article 1 are limited         — if imports of products originating in one of
for each of these countries and territories to a              the beneficiary countries or territories reach
fraction of the import opportunities offered by               the percentage, specified in Article 2, of the
the Community as a whole.                                     maximum of one of the quotas or ceilings
                                                              referred to in Article 1 .
This fraction is hereby fixed at 50% for all
products with the exception of those of heading
No 73.13 ; for these the fraction is hereby fixed                                 Article 4
at 30% .                                                  1.     This Decision shall be notified to the
                      Article 3
                                                          Governments of the Member States and pub­
The Member States shall notify the Com­                   lished in the Official Journal of the European
mission at regular intervals of the imports               Communities . It shall enter into force for each
actually set against "he tariff quotas and ceilings       Government by virtue of its notification.
provided for in Article 1 .                               2.     It shall be valid until 31 December 1973 .
Each Member State shall immediately inform                Done at Brussels , 29 December 1973 .
the Commission and the other Member States :
                                                                                      For the Commission
— if imports of a product reach the maximum
    of one of the quotas or ceilings fixed in                                             The President
    Article.!,                                                                          S. L. MANSHOLT
                                                  ANNEX A
            LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALISED
                                                PREFERENCES
                                             Independent countries
            Afghanistar                   Haiti                           Qatar
            Algeria                       Honduras                        Rwanda
            Arab Republic of Egypt        India
            Argentina                                                     Saudia Arabia
                                          Indonesia
                                          Iran                            Senegal
            Bahrain                                                       Sierra Leone
            Bangladesh                    Iraq
                                          Ivory Coast                     Singapore
            Barbados                                                      Somalia
            Bhutan                        Jamaica                         South Korea
            Bolivia                       Jordan                          Southern Yemen
            Botswana                                                      South Vietnam
            Brazil                        Kenya
                                          Khmer Republic                  Sudan
            Burma                                                         Swaziland
                                          Kuwait
            Burundi
                                          Laos                            Syria
            Cameroon                      Lebanon                         Tanzania
            Central African Republic      Lesotho                         Thailand
            Ceylon                        Liberia                         Togo
            Chad                          Libya                           Tonga
            Chile                                                         Trinidad and Tobago
            Colombia                      Malagasy Republic
                                          Malawi                          Tunisia
            Congo (People's Republic)
            Costa Rica                    Malaysia                        Uganda
                                          Maldive Islands                 United Arab Emirates :
            Cuba
                                          Mali                               Abu Dhabi
            Cyprus                        Mauritania                        Dubai
            Dahomey                       Alauntius                         Ras-al-Kaimah
            Dominican Republic            Mexico                             Fujairah
                                          Morocco                            Ajman
            Ecuador
            El Salvador                   Nauru                             Sharjah
            Equatorial Guinea             Nepal                              Umm al Quaiwan
            Ethiopia                      Nicaragua                       Upper Volta
                                          Niger                           Uruguay
            Fiji                          Nigeria                         Venezuela
            Gabon                         Oman                            Western Samoa
            Gambia                        Pakistan
                                                                          Yemen
            Ghana                         Panama
            Guatemala                                                     Yugoslavia
                                          Paraguay
            Guinea, Republic of           Peru                            Zaire
            G uvan a                      Philippines                     Zambia
 ---pagebreak--- 14                          Official Journal of the European Communities
                                       COUNTRIES AND TERRITORIES
   which are dependencies, under administration or for whose external relations Member States
                of the Community or third countries are either wholly or partly responsible
   Angola (including Cabinda)
   Bahamas
   Bermuda
   British Honduras
   British Indian Ocean Territory (Chagos Archipelago, Desroches Islands)
   Brunei
   Cape Verde Islands
   Cayman Islands and dependencies
   Comoro Islands
   Cook Islands
   Falkland Islands and dependencies
   French Polynesia
   French Southern and Antarctic Territories
   Gibraltar
   Hong Kong
   Macao
   Mozambique
   Netherlands Antilles
   New Caledonia and dependencies
   New Zealand dependencies (Niue Island, Tokelau Islands)
   Pacific islands administered by the US or under US trusteeship1
   Portuguese Guinea
   Portuguese Timor
   Saint Helena (including Ascension, Diego Alvarez or Gough Island, Tristan da Cunha)
   Saint Pierre and Miquelon
   Sao Tomé and Principe Islands
   Seychelles (including the Amirantes)
   Sikkim
   Spanish Territories in Africa
   Surinam
   Territories under the jurisdiction of the (British) High Commissioner for the Western Pacific2
   Territory of Papua New Guinea
   Territory of the Afars and Issas
   Turks and Caicos Islands
   Virgin Islands of the United States (St. Croix, St. Thomas, St. John, etc.)
   Wallis and Futuna Islands
   West Indies3
   Note: These lists may be amended at a later stage to take account of changes in the international
           status of countries or territories .
   1  Pacific islands administered by the US: Guam., American Samoa (including Swains Island), Midway, Johnston and
      Sand Islands, Wake Island. Islands under US trusteeship : the Caroline, Mariana and Marshall Islands .
   2 Gilbert and Eilice Islands Colony, the British Solomon Islands Protectorate, the Condominium of the New Hebrides,
      Canton and Enderbury Islands and Pitcairn Island.
   3 Leeward Islands (Antigua, Montserrat, Saint Kitts, Nevis, Anguilla, British Virgin Islands); Windward Islands
      ( Dominica, Grenada, Saint Lucia).