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

( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 15 .

( 3 ) OJ NO L 353 , 31 . 12 . 1977 , P . 1 .

COMMISSION RECOMMENDATION

OF 9 MARCH 1978

TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 , AS LAST AMENDED BY RECOMMENDATION 77/808/ECSC OF 23 DECEMBER 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

( 78/282/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 77/808/ECSC OF 23 DECEMBER 1977 ( 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 FOR THOSE PURPOSES THE APPLICATION BY THE IMPORTER MUST CONTAIN CERTAIN INFORMATION SPECIFIED IN ARTICLE 2 OF THE SAID RECOMMENDATION ;

WHEREAS IN RESPECT OF IMPORTS OF IRON AND STEEL PRODUCTS ORIGINATING IN CERTAIN THIRD COUNTRIES THE APPLICATION BY THE IMPORTER NEED NO LONGER STATE THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , BUT IT IS NEVERTHELESS NECESSARY FOR THESE SAME PRODUCTS , FOR SURVEILLANCE PURPOSES , THAT THE IMPORTER ' S APPLICATION SHOULD MENTION THE DELIVERY PRICE AT DESTINATION AS WELL AS THE CHARACTERISTICS OF THE CONTRACT WHICH HAVE LED TO THE FIXING OF THIS PRICE ,

MAKES THE FOLLOWING RECOMMENDATION :

ARTICLE 1

ARTICLE 2 OF RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 IS REPLACED BY THE FOLLOWING TEXT :

' 1 . THE APPLICATION BY THE IMPORTER SHALL STATE :

( A ) THE NAME AND ADDRESS OF THE IMPORTER ;

( B ) FOR PRODUCTS ORIGINATING IN THIRD COUNTRIES LISTED IN THE ANNEX AND FOR CONCRETE REINFORCING BARS ( CCT SUBHEADING EX 73.10 A II ) OF SWISS ORIGIN , THE PRODUCT DESCRIPTION AS FAR AS COMMERCIAL USAGE IS CONCERNED AS WELL AS ALL THE CHARACTERISTICS OF THE CONTRACT WHICH HAVE LED TO THE FIXING OF THE DELIVERY PRICE AT DESTINATION ;

( C ) THE DESCRIPTION OF THE PRODUCTS ORIGINATING IN OTHER THIRD COUNTRIES WHICH CORRESPONDS TO OR IS CLOSEST TO THAT CONTAINED IN THE LIST OF PRODUCTS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 3 );

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

( E ) THE PLACE OF DESTINATION ;

( F ) THE QUANTITY OF THE PRODUCTS IN TONNES ;

( G ) THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , EXCEPT IN THE CASE OF PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN CCT SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND ;

( H ) THE EFFECTIVE PRICE FREE AT DESTINATION FOR THE PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN CCT SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND ;

( I ) 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 THIS IMPORT DOCUMENT APPLICATION IS ACCURATE . '

ARTICLE 2

ARTICLE 3 OF THE SAID RECOMMENDATION IS HEREBY REPLACED AS FOLLOWS :

' 1 . THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , AS SOON AS SUCH INFORMATION IS NOTED BY THEIR CUSTOMS AUTHORITIES :

IN RESPECT OF PRODUCTS ORIGINATING IN SWITZERLAND , OTHER THAN CONCRETE REINFORCEMENT BARS , AND PRODUCTS ORIGINATING IN THIRD COUNTRIES OTHER THAN THOSE LISTED IN THE ANNEX , ANY DIFFERENCE BETWEEN THE PRICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID .

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 THIRD COUNTRY OF ORIGIN AND BY PRODUCT , ON THE BASIS OF THE DESCRIPTION AND COMMON CUSTOMS TARIFF HEADING NUMBERS SET OUT IN THE ANNEX . '

ARTICLE 3

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 , 9 MARCH 1978 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT

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ANNEX

LIST OF THIRD COUNTRIES MENTIONED IN ARTICLE 2

AUSTRIA

FINLAND

NORWAY

PORTUGAL

SWEDEN