No C 29/28 Official  Journal  of the European  Communities 12. 5. 73 
COMMUNICATION  OF  THE  COMMISSION 
on the  amended  text  at present  valid  of Decision  No 4-53  on the  publication  of price 
lists and  conditions  of sale  applied  by undertakings  in the coal  and  iron  ore  industries 
By its Decision  No 4-53  of 12 February  1953  (ECSC 
Official  Journal,  12  February  1953,  p. 3) the  High 
Authority  laid  down  detailed  rules  for  undertakings 
in the  coal  and  iron  ore  industries  concerning  the 
publication,  required  under  Article  60 (2) (a) of the 
Treaty,  of prices  and  conditions  of sale.  This 
Decision  was  amended  by Decision  No  22-63  of 11 
December  1963  (Official  journal,  24  December  1963, 
p. 2975)  and  by Decision  No 442/72  of 22 December 
1972  (Official  journal,  30  December  1972  No L 297, 
page  44). 
In order  to make  it easier  for  those  concerned  to 
apply  the provision,  the amended  version  of Decision 
No 4-53  valid  from  1 January  1973  is set out  below. 
Article  1 
1. Undertakings  in the  coal  industry  shall  publish 
their  price  lists  and  conditions  of sale  in accordance 
with  the provisions  of this  Decision. 
2. Undertakings  which  use  selling  agencies  (Article 
1 (2)  of Decision  No  30-53)  for  the  marketing  of 
their  products  shall  ensure  that  those  selling  agencies 
publish  price  lists  and  conditions  of sale  in accord-
ance  with  the provisions  of this  Decision. 
3. Undertakings  in the Coal  industry  may,  under  the 
conditions  laid  down  in Article  4, specify  that  their 
products  are  sold  on the  basis  of the  price  lists  and 
conditions  of sale  of their  selling  agency. 
The selling  agency  may  likewise  specify  that  products 
are sold  on the basis  of the price  lists  and  conditions 
of sale  of the undertaking. 
Article  2 
1. All  price  lists  and  conditions  of sale  published 
shall  contain  the  following  minimum  information: (a) price  per metric  ton; 
(b) place  of delivery; 
(c) method  of quotation; 
(d) costs  in connection  with  method  of shipment; 
(e) trade  discount; 
(f) terms.of  payment. 
2. Furthermore,  price  lists  and  conditions  of sale 
published  shall  indicate  the  following  special  con-
ditions,  where  applied: 
(a) nature  and  amount  of taxes  and  other  charges 
additional  to  the  list  prices  chargeable  to 
customers  under  the conditions  of sale; 
(b) quality  surcharge; 
(c) seasonal  increase; 
(d) seasonal  discount; 
(e) increase  for guarantee  of origin. 
(f) price  increases  and  reductions  for  specific  con-
sumer  groups; 
(g) quantity  and  loyalty  bonuses. 
Article  3 
In addition  to this  general  information:  price  lists 
and conditions  of sale  shall  include  details  peculiar 
to certain  products: 
1. Coal: 
(a) category  and,  for guidance,  volatile  matter  content 
for each  category; 
(b) grade  and,  for guidance,  ash content; 
(c) in the  case  of screened  or washed  coals,  screen 
size; 
(d) in the  case  of washed  coals,  for  guidance, 
moisture  content. 
12. 5. 73 Official  Journal  of the European  Communities No C 29/29 
2. Coke: 
— screen  size. 
3. Manufactured  fuels  derived  from  coal: 
— category  and  weight  of product. 
4. Manufactured  fuels  derived  from  lignite: 
— weight  of product. 
Article  4 
1. (a)  Price  lists  and  conditions  of sale  shall  apply 
not earlier  than  five  clear  days  after  they  have 
been  addressed  in printed  form  to the  Com-
mission. 
(b) Sellers  shall,  upon  request,  communicate  them 
to anyone  interested; 
(c) The  Commission  may  decide  to publish  those 
price  lists  and  conditions  of sale  by means  of 
a special  publication. 2. Paragraph  1 shall  apply  equally  to any  amend-
ment  of price  lists  and  conditions  of sale. 
Article  5 
1. Undertakings  and  their  selling  agencies  shall 
require  middlemen  who  sell  in their  own  name  but 
on behalf  of  the  said  undertakings  and  selling 
agencies  (commission  agents,  agents  for  goods  on 
consignment)  to comply,  as regards  price  lists  and 
conditions  of sale  published  by them,  with  the  rules 
laid down  in this  Decision. 
2. Where  such  middlemen  do not  publish  price  lists 
and conditions  of sale,  they  may  discharge  their 
obligation  by specifying  under  the  conditions  laid 
down  in Article  4 that  the  price  lists  and  conditions 
of sale  applied  by  undertakings  or their  selling 
agencies  in accordance  with  this  Decision  also  apply 
to sales  made  by them. 
3. Undertakings  shall  be held  liable  for any  infringe-
ment  of the  foregoing  obligations  by such  middle-
men.