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( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 15 .

( 2 ) OJ NO L 209 , 17 . 8 . 1977 , P . 18 .

II

( ACTS WHOSE PUBLICATION IS NOT OBLIGATORY )

COMMISSION RECOMMENDATION

OF 23 DECEMBER 1977

TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES

( 77/808/ECSC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,

WHEREAS , BY RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ( 1 ), AS LAST AMENDED BY RECOMMENDATION 77/518/ECSC ( 2 ), THE COMMISSION ESTABLISHED COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY IN ORDER TO FOLLOW DEVELOPMENTS THEREIN AND TO ENSURE THAT SUCH IMPORTS OR THE CONDITIONS UNDER WHICH THEY ARE EFFECTED DO NOT THREATEN TO CAUSE SERIOUS INJURY TO COMMUNITY PRODUCTION ;

WHEREAS THE PROVISIONS OF THAT RECOMMENDATION HAVE PROVED INSUFFICIENT FOR THE FULL ATTAINMENT OF THE ABOVEMENTIONED OBJECTIVES ; WHEREAS THEY SHOULD THEREFORE BE AMENDED AND SUPPLEMENTED IN ORDER TO SECURE SWIFTER AND MORE COMPLETE INFORMATION ABOUT FORESEEABLE IMPORTS AND THE CONDITIONS UNDER WHICH THEY ARE EFFECTED ,

MAKES THE FOLLOWING RECOMMENDATION :

ARTICLE 1

ARTICLE 1 ( 3 ) OF RECOMMENDATION 77/330/ECSC IS HEREBY AMENDED TO READ AS FOLLOWS :

' THE PERIOD OF VALIDITY OF THE IMPORT DOCUMENT IS HEREBY FIXED AT ONE MONTH . '

ARTICLE 2

ARTICLE 2 OF THE SAID RECOMMENDATION IS HEREBY AMENDED TO READ AS FOLLOWS :

' 1 . THE APPLICATION BY THE IMPORTER SHALL STATE :

( A ) THE NAME AND ADDRESS OF THE IMPORTER ;

( B ) THE DESCRIPTION OF THE PRODUCTS WHICH CORRESPONDS TO OR IS CLOSEST TO THAT CONTAINED IN THE LIST OF PRODUCTS TO BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ;

( C ) THE COUNTRY OF ORIGIN AND , WHERE APPROPRIATE , THE COUNTRY OF LAST EXPORT ;

( D ) THE PLACE OF DESTINATION ;

( E ) THE QUANTITY OF THE PRODUCTS IN TONNES ;

( F ) THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , THE BASIC PRICE FREE DESTINATION AND EXTRAS FOR QUALITY AND SIZE RESPECTIVELY ;

( G ) THE DATE OF THE PURCHASE CONTRACT FOR THE PRODUCTS WHICH IT IS PROPOSED TO IMPORT AND THE PROPOSED DATE AND PLACE OF IMPORTATION .

2 . THE IMPORTER SHALL DECLARE THAT NO REBATE NOT MENTIONED IN THE PURCHASE CONTRACT OR CONTRACTS WILL BE GRANTED .

3 . THE IMPORTER SHALL CERTIFY THAT HIS IMPORT DOCUMENT APPLICATION IS ACCURATE .

4 . IMPORT DOCUMENTS NOT USED BY THE DATE OF ENTRY INTO FORCE OF THIS RECOMMENDATION SHALL LAPSE . THE IMPORTERS CONCERNED MAY RENEW THEIR IMPORT DOCUMENT APPLICATIONS . HOWEVER , IMPORT DOCUMENTS CONCERNING GOODS LOADED ONTO VESSELS OR IN THE PROCESS OF BEING CONVEYED BY RAIL BEFORE THE DATE OF ENTRY INTO FORCE OF THIS RECOMMENDATION SHALL REMAIN VALID UNTIL 31 DECEMBER 1977 . '

ARTICLE 3

ARTICLE 3 OF THE SAID RECOMMENDATION IS HEREBY AMENDED TO READ AS FOLLOWS :

' 1 . IN THE CASE OF THE PRODUCTS FOR WHICH THE PRICES HAVE BEEN PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION DIFFERENCES BETWEEN THIS ACTUAL PUBLISHED PRICE ( BASIC PRICE PLUS EXTRAS ) AND THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID AS SOON AS THEIR CUSTOMS AUTHORITIES NOTE SUCH DIFFERENCES .

2 . WITHIN THE FIRST 10 DAYS OF EACH MONTH , MEMBER STATES SHALL NOTIFY THE COMMISSION OF :

( A ) THE QUANTITIES AND AMOUNTS , CALCULATED ON THE BASIS OF THE BASIC CIF PRICES , FOR WHICH IMPORT DOCUMENTS WERE ISSUED IN THE PRECEDING MONTH ;

( B ) THE IMPORTS EFFECTED IN THE MONTH PRECEDING THAT REFERRED TO IN ( A ).

3 . THE INFORMATION FROM THE MEMBER STATES SHALL BE BROKEN DOWN BY NON-MEMBER COUNTRY OF ORIGIN AND BY PRODUCT , ON THE BASIS OF THE DESCRIPTIONS AND COMMON CUSTOMS TARIFF HEADING NUMBERS SET OUT IN THE ANNEX . '

ARTICLE 4

THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS NOTIFICATION .

DONE AT BRUSSELS , 23 DECEMBER 1977 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION