1973S3073 — EN — 01.01.1986 — 001.001

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DECISION No 3073/73/ECSC OF THE COMMISSION

of 31 October 1973

on the sale of iron and steel products in certain EFTA countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community and in particular Articles 2 to 6, 60, 70 and 95 (1) and (2) thereof;

Whereas the Community shall be bound, together with its Member States, by Agreements concluded with the Republic of Austria, the Republic of Finland, the Kingdom of Sweden and the Portuguese Republic, from the date on which these Agreements take effect in accordance with the relevant provisions;

Whereas under these Agreements the countries referred to above have undertaken to apply to their territory and in their relations with the Community the same price Regulations as are applied within the Community on the basis of Article 60 of the Treaty; whereas the Community has in turn undertaken to extend the application of the Regulations based on Article 60 to include transactions performed by undertakings from the Community in the markets of these countries;

Whereas it has appeared necessary, upon the enlargement of the Community, to supplement the implementing Decisions of Article 60 of the Treaty establishing the European Coal and Steel Community with an obligation on undertakings in the steel industry within the Community requiring them to publish ►C1 schedules of transport charges for routes involving sea links ◄ ; whereas it is necessary to extend this obligation to sales of iron and steel products in the territories referred to in this Decision;

Whereas such an extension of these Regulations is not provided for in the Treaty; whereas it nevertheless complies with the provisions of Article 5, which assigns to the Community in particular the task of ensuring the establishment, preservation and observance of normal conditions of competition; whereas this extension is also designed to realize the Community's objectives in particular with regard to those of promoting international trade and ensuring that fair limits are conformed to in ►C1 export pricing ◄ (Article 3, f);

Whereas this extension accordingly constitutes a case for which the Treaty does not provide within the meaning of Article 95 (1) and (2);

Whereas adequate measures must be taken to ensure that these rules are extended; whereas it is advisable to make provision for the application of penalties as provided for in Article 64 of the Treaty in the case of infringement;

Whereas the extension of these rules shall not have the effect of preventing any amendment to them in accordance with the procedure provided for in the Treaty; whereas any amendments made to the Regulations passed in pursuance of Article 60 must also be extended to include transactions performed in the markets of the countries concerned;

Whereas the Community has the power, as a result of the Agreements referred to above, to suspend application of the extended rules ►C1 should the safeguard measure provided for in this connection be applied ◄ ; After consultation with the ►C1 Consultative Committee and with the unanimous assent ◄ of the Council of Ministers,

HAS ADOPTED THIS DECISION: