1973S3073 — EN — 15.11.1973 — 000.001 — 1
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►B DECISION No 3073/73/ECSC OF THE COMMISSION
of 31 October 1973
on the sale of iron and steel products in certain EFTA countries
(OJ L 314, 15.11.1973, p. 1)
Corrected by:
►C1Corrigendum, OJ L 235, 26.8.1976, p. 38 (73/3073/EC)
▼B
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, theRepublic of Finland, the Kingdom of Sweden and the PortugueseRepublic, from the date on which these Agreements take effect inaccordance 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 theCommunity the same price Regulations as are applied within theCommunity on the basis of Article 60 of the Treaty; whereas theCommunity 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 60of the Treaty establishing the European Coal and Steel Communitywith an obligation on undertakings in the steel industry within the
Community requiring them to publish ►
C1schedules 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 terri-tories 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 ofensuring the establishment, preservation and observance of normalconditions of competition; whereas this extension is also designed torealize the Community's objectives in particular with regard to thoseof promoting international trade and ensuring that fair limits are
conformed to in ►
C1export 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 applica-
tion 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 procedureprovided for in the Treaty; whereas any amendments made to theRegulations 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►
C1should the safeguard measure provided for in this connection be
applied◄; After consultation with the ►C1Consultative Committee
and with the unanimous assent ◄of the Council of Ministers,
HAS ADOPTED THIS DECISION:
Article 1
The provisions of Article 60 of the Treaty establishing the European
Coal and Steel Community, together with those contained in the Deci-sions made in pursuance of this Article, shall apply to transactions1973S3073 — EN — 15.11.1973 — 000.001 — 2
▼B
►C1by undertakings in the iron and steel industry ◄within the
meaning of Article 80 of the ECSC Treaty which are performed withinthe territories of the Republic of Austria, the Republic of Finland, the
Kingdom of Sweden and within the European territory of the Portu-
guese Republic and cover the products listed in Annex 1 of the ECSCTreaty under Nos 4 200 to 4 500 inclusive.
Article 2
The provisions of Commission Decision No 73/152/ECSC of 23 May
1973 obliging undertakings in the iron and steel industry to publish►
C1schedules of transport charges for routes involving sea links
between Community ports shall also apply ◄to links involving
marine transport between Community ports and ports in those countries
referred to in Article I of this Decision.
Article 3
The provisions of Article 64 of the ECSC Treaty shall apply to those
undertakings which do not comply with the provisions of Articles 1and 2 of this Decision.
Article 4
In the event of the safeguard clauses contained in the Agreements
reached between each of the States specified in Article 1 and theEuropean Coal and Steel Community being applied, the Commissionmay suspend the application of this Decision in connection with trans-
actions performed in the territory of the State concerned.
Article 5
The entry into force of this Decision shall, for each country referred to
in Article I of this Decision, coincide with the entry into force of the
Agreement between the European Coal and Steel Community and itsMember States for the one part and the individual country for the other.
The dates on which these Agreements shall enter into force, will be
published in the Official Journal of the European Communities .
Article 6
This Decision shall be binding in its entirety and directly applicable in
all Member States.1973S3073 — EN — 15.11.1973 — 000.001 — 3