1982S2030 — EN — 01.01.1986 — 001.001

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COMMISSION DECISION No 2030/82/ECSC

of 26 July 1982

on the returns to be made by undertakings in the iron and steel industry in respect of their substandard products and seconds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty instituting the European Coal and Steel Community, and in particular Article 47 thereof, Whereas, pursuant to Decision No 33/56 of 21 November 1956 ( 1 ), as amended by Decision No 2/62 of 8 March 1962 ( 2 ), then by the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland ( 3 ) and lastly by Decision No 3219/80/ECSC of 11 December 1980 ( 4 ) in order to take account of the accession of Greece with effect from 1 January 1981, undertakings are subject to certain obligations with respect to deliveries of substandard products and seconds; Whereas the provisions of Decision No 33/56 should be amended and expanded in order to adapt it to developments in products and in commercial practices so as to take account of the fact that the provisions of Article 60 of the Treaty apply to transactions conducted by Community undertakings in certain third countries and to enable the nature of the products sold as substandard or seconds to be monitored more effectively; Whereas, given the extent of the amendments to be made, it would be advisable to repeal Decision No 33/56 and to adopt a new Decision, HAS ADOPTED THIS DECISION:

Article 1

1. Undertakings in the steel industry shall make returns to the Commission of their deliveries per calendar month of substandard products and seconds.

2. The compulsory return shall apply to the products and classes of steel defined in the Annex.

Article 2

Substandard products and seconds within the meaning of this Decision are products of faulty workmanship, rejects and products of limited use as made, by reason of their dimensions or of defects including defects of quality, which are sold below the undertakings published list prices for first quality products.

Article 3

The return shall contain the following particulars, shown separately for each of the classes of products listed in the Annex:

1. aggregate tonnage of deliveries of substandard products and seconds (in the Community and in third countries),

2. the percentage of that tonnage (deliveries in the Community and in third countries) in relation to the total tonnage delivered of first-quality, substandard products and seconds of the product in question,

3. the tonnage under 1 broken down by Community countries and third countries.

Article 4

Returns must be sent on the 25th day of each month in respect of the products delivered during the preceding calendar month.

Article 5

Separate returns, similar to those referred to in Article 3, must be made before 31 October 1982 of deliveries made during each calendar month in the period 1 January to 31 July 1982.

Article 6

Returns must be made on a form which corresponds to the Annex to this Decision.

Article 7

1. Undertakings shall keep a summary record which includes for each transaction involving substandard products or seconds:

(a) date of sale;

(b) date of despatch;

(c) description of product;

(d) reason for substandard classification;

(e) metric tonnage delivered;

(f) sale price;

(g) name of buyer;

(h) country of destination, particulars of goods supplied to be entered by Community country, by country in the case of third countries in which transactions conducted by Community undertakings are subject to the provisions of Article 60 ( 5 ) and as an aggregate figure for other third countries.

For deliveries to third countries, other than those covered by the provisions of Article 60 ( 6 ), the buyer's name and the price are not required.

2. The undertakings must detail on their bills to the buyers the reason for substandard classification or the reasons for classifying the product as a second.

Article 8

Decision No 33/56 is hereby repealed.

Article 9

This Decision shall enter into force on 1 August 1982.

This Decision shall be binding in its entirety and directly applicable in all Member States.

Annex to Decision No 2030/82/ECSC

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( 1 ) OJ No 26, 25. 11. 1956, p. 334/56.

( 2 ) OJ No 20, 19. 3. 1962, p. 376/62.

Corrigendum: OJ No 21, 26. 3. 1962, p. 396/62.

Corrigendum: OJ No 26, 9. 4. 1962, p. 884/62.

( 3 ) OJ No L 73, 27. 3. 1972.

( 4 ) OJ No L 334, 12. 12. 1980, p. 36.

( 5 ) Austria, Finland, Norway, Portugal, Sweden.

( 6 ) Austria, Finland, Norway, Portugal, Sweden.