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COMMISSION DECISION NO 2870/78/ECSC

OF 5 DECEMBER 1978

AMENDING DECISION NO 3003/77/ECSC REQUIRING UNDERTAKINGS IN THE IRON AND STEEL INDUSTRY TO ISSUE CERTIFICATES OF CONFORMITY IN RESPECT OF CERTAIN IRON AND STEEL PRODUCTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 47 AND 61 THEREOF ,

WHEREAS THE COMMISSION MUST BE BETTER INFORMED AS TO THE OBSERVANCE OF THE OBLIGATIONS REGARDING MINIMUM PRICES AND THE CERTIFICATES OF CONFORMITY REFERRED TO IN ARTICLE 1 OF DECISION NO 3003/77/ECSC ( 1 ) , IN PARTICULAR BY RECEIVING A COPY OF THE CERTIFICATES OF CONFORMITY FROM THE NATIONAL ADMINISTRATIONS THAT HAVE CARRIED OUT CHECKS ;

WHEREAS EXPERIENCE HAS SHOWN THAT IT IS NECESSARY TO MODIFY THE MODEL OF THE CERTIFICATE OF CONFORMITY ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

DECISION NO 3003/77/ECSC IS AMENDED AS FOLLOWS :

1 . ARTICLE 2 IS AMENDED TO READ AS FOLLOWS :

" ARTICLE 2

UNDERTAKINGS IN THE STEEL INDUSTRY SHALL ISSUE , IN RESPECT OF THEIR DELIVERIES OF CONCRETE REINFORCING BARS , MERCHANT BARS AND HOT-ROLLED WIDE STRIP , A CERTIFICATE OF CONFORMITY IN TRIPLICATE SHOWING THAT THE INVOICED PRICES CONFORM TO THE MINIMUM PRICES FIXED BY THE COMMISSION . ONE COPY SHALL BE RETAINED BY THE UNDERTAKING AND THE OTHER TWO SHALL ACCOMPANY THE DELIVERY . THIS CERTIFICATE OF CONFORMITY MUST BE DRAWN UP IN ACCORDANCE WITH THE ANNEXED MODEL CERTIFICATE .

ONE COPY OF THE CERTIFICATE OF CONFORMITY SHALL BE TAKEN BY THE NATIONAL ADMINISTRATION , WHICH SHALL CHECK DELIVERIES . IN THE CASE OF INTRA-COMMUNITY TRADE , THIS COPY SHALL BE TAKEN BY THE CUSTOMS AUTHORITIES WHEN THE PRODUCTS ARE RELEASED FOR HOME USE . FOR EXPORTS TO AUSTRIA , FINLAND , NORWAY , SWEDEN AND THE EUROPEAN TERRITORY OF PORTUGAL , ONE COPY OF THE CERTIFICATE OF CONFORMITY SHALL BE RETAINED BY THE CUSTOMS AUTHORITIES UPON COMPLETION OF THE EXPORT FORMALITIES .

THE NATIONAL ADMINISTRATION SHALL SEND THE COPIES OF THE CERTIFICATES OF CONFORMITY TO THE COMMISSION WITHIN THREE WORKING DAYS FOLLOWING THE WEEK IN WHICH IT RECEIVES THE CERTIFICATE . IF THE DELIVERY IS NOT ACCOMPANIED BY A CERTIFICATE OF CONFORMITY , THE ADMINISTRATION SHALL SO INFORM THE COMMISSION WITHIN THREE WORKING DAYS AFTER ESTABLISHING THIS FACT . "

2 . THE ANNEX THERETO IS REPLACED BY THE ANNEX TO THIS DECISION .

ARTICLE 2

THIS DECISION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS DECISION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 DECEMBER 1978 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION

( 1 ) OJ NO L 352 , 31 . 12 . 1977 , P . 11 .

ANNEX

CERTIFICATE OF CONFORMITY

1A SELLER ( 1 )

WAREHOUSE OF

1B INVOICE NUMBER AND DATE

ORDER NUMBER AND DATE ( SELLER'S REFERENCE )

SERIAL NUMBERING BY COUNTRY OF DESTINATION

1C CONSIGNEE ( USER OR MERCHANT/STOCKHOLDER ) ( 1 )

1D PRODUCER ( IF OTHER THAN THE SELLER ) ( 1 )

PLANT OF

THIS CERTIFICATE MUST TRAVEL WITH ANY DELIVERY WITHIN THE COMMUNITY SUBJECT TO MINIMUM PRICES

2A COUNTRY WHENCE CONSIGNED

2B COUNTRY OF DESTINATION

3 SELLER'S COMMENTS

4 ITEM NUMBER ; COMMERCIAL DESIGNATION OF PRODUCTS

LIST OF PRODUCTS SUBJECT TO MINIMUM PRICES :

THE IRON AND STEEL PRODUCTS ARE DEFINED IN ACCORDANCE WITH THEIR COMMERCIAL DESIGNATION :

A . BY SHAPE AND DIMENSIONS , IN ACCORDANCE WITH EURONORM 79-69

1 . HOT-ROLLED WIDE STRIP

HOT-ROLLED FLAT PRODUCT WOUND IN COILS HAVING REGULAR TURNS , OF A WIDTH EQUAL TO OR GREATER THAN 600 MM .

THIS INCLUDES HOT-ROLLED WIDE STRIP WITH GROOVED OR TEAR-DROP PATTERNS OR WITH SOME OTHER RELIEF PRODUCED IN THE ROLLING PROCESS .

2 . MERCHANT BARS

- HOT-ROLLED BLACK BARS OF ROUND , HALF-ROUND , SQUARE , HEXAGONAL OR OCTAGONAL CROSS SECTION ( EXCLUDING CONCRETE REINFORCING BARS ) .

- FLAT BARS OF RECTANGULAR CROSS SECTION , THE WIDTH OF WHICH DOES NOT EXCEED 150 MM .

- BARS PROFILED TO THE SHAPES OF THE LETTERS L ( ANGLES ) , T ( TEES ) OR Z ( ZEDS ) .

- SMALL SECTIONS , THE CROSS SECTION OF WHICH IS IN THE SHAPE OF THE LETTERS I , H OR U , THE HEIGHT OF WHICH IS LESS THAN 80 MM .

THIS CATEGROY DOES NOT INCLUDE :

- PRODUCTS FOR SEAMLESS TUBES OF ROUND OR POLYGONAL CROSS SECTION ,

- TEES PRODUCED BY LONGITUDINALLY CUT I OR H BEAMS ,

- STRIP SUPPLIED IN STRAIGHT LENGTHS OR FOLDED BUNDLES ,

- BULB FLATS AND ANGLES , KNOWN AS SHIPBUILDING SECTIONS ,

- SPECIAL SECTIONS ROLLED IN STRAIGHT LENGTHS , USUALLY OF SMALL CROSS SECTIONS OR OF HIGHLY SPECIALIZED SHAPE WITH VERY STRICT DIMENSIONAL TOLERANCES .

3 . CONCRETE REINFORCING BARS

REINFORCING BARS FOR CEMENT OR CONCRETE , HOT-ROLLED , OF ROUND OR SQUARE CROSS SECTION WITH ROUNDED CORNERS , THE SURFACE OF WHICH IS SMOOTH OR RIBBED . THESE BARS MAY HAVE BEEN SUBJECTED TO A REGULAR TWISTING PROCESS ABOUT THEIR LONGITUDINAL AXIS .

CONCRETE REINFORCING BARS ARE NORMALLY SUPPLIED IN STRAIGHT LENGTHS OR IN COILS .

B . BY STEEL QUALITIES CATEGORIES

THE QUALITIES OR CATEGORIES OF STEELS CONCERNED HERE ARE THOSE APPEARING IN DECISION NO 31/53/ECSC , IN ITS PRESENT VERSION , ON OBLIGATIONS WITH REGARD TO THE PUBLICATION OF PRICES AND CONDITIONS OF SALE FOR BASIC OR QUALITY STEELS . STEEL QUALITIES OR CATEGORIES COVERED BY DECISION NO 37/54/ECSC , AS AMENDED BY DECISION NO 33/58/ECSC , ON OBLIGATIONS WITH REGARD TO THE PUBLICATIONS OF PRICES AND CONDITIONS OF SALE FOR SPECIAL STEELS ARE EXCLUDED ; THESE QUALITIES AND CATEGORIES ARE :

( A ) MANGANESE-SILICON SPRING STEELS ;

( B ) FREE CUTTING SULPHUR , AND LEAD-SULPHUR STEELS ;

( C ) ELECTRICAL STEELS , IRRESPECTIVE OF WATTAGE LOSS ;

( D ) NON-ALLOY CONSTRUCTION STEELS CONTAINING 0,60 % OR MORE OF CARBON ;

( E ) ALLOY CONSTRUCTION STEELS ;

( F ) BEARING STEELS ;

( G ) STAINLESS AND HEAT-RESISTING STEELS ;

( H ) TOOL STEELS ;

( I ) HIGH-SPEED STEELS .

THE FOLLOWING ARE INCLUDED : CARBON STEELS CONTAINING LESS THAN 0,60 % CARBON FOR HEAT TREATMENT OR CASE HARDENING , PROVIDED THEIR PHOSPHOROUS AND SULPHUR CONTENTS DO NOT EXCEED 0,035 % AND THAT THEY ARE NOT GOVERNED BY ANY OF THE SPECIAL REQUIREMENTS LAID DOWN IN PARAGRAPH 5.2.3.1 OF EURONORM 20-74 ( GUARANTEED IMPACT VALUE , DEPTH OF HARDENING OR OF CASE HARDENING , SURFACE CONDITION , LIMITING CONTENT OF NON-METALLIC INCLUSIONS , MACHINABILITY ) .

5 . CONCORDANCE BETWEEN INVOICED PRICES AND MINIMUM PRICES

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5.0 PRICE LIST(S ) USED******

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EXTRA : ******

QUALITY******

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PICKLING******

LOADING ON TRUCK/ON BOARD******

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EFFECTIVE GROSS PRICE PER TONNE******

5.2 LESS TOTAL REBATE******

5.3 APPLICATION OF PARITY RULES******

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TRANSPORT FROM BASING POINT TO DESTINATION******

... RAIL ... ROAD ... SEA/BARGE******

LESS ( ACCORDING TO CASE ) : ******

TRANSPORT FROM ... TO DESTINATION******

... RAIL ... ROAD ... SEA/BARGE******

5.4 INVOICED PRICE PER ITEM AND PER TONNE******

CURRENCY******

ACCORDING TO CASE : ******

... DELIVERED******

... FRANCO FRONTIER******

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... OTHER******

RESERVED TO ECC*****

5.5 REBATES GRANTED , MAKE-UP AND GROUNDS ...

5.6 INVOICED PRICE ...

5.7 AVERAGE INVOICED PRICE PER TONNE ...

DRAWN UP AT ... , ON ...

SIGNED : ...

STAMP : ...

( 1 ) SURNAME AND FORENAME , OR BUSINESS NAME , COMPLETE WITH NAME AND COUNTRY .

NOTE : INSERT " X " ACCORDING TO CASE .