FOR THE THIRD QUARTER OF 1981 .
2 THE DISPUTE BETWEEN THE PARTIES RESULTED FROM DIFFERENT VIEWS AS TO THE INTERPRETATION OF ARTICLE 10 OF DECISION NO 1831/81/ECSC OF 24 JUNE 1981 , A GENERAL DECISION ' ' ESTABLISHING FOR UNDERTAKINGS IN THE IRON AND STEEL INDUSTRY A MONITORING SYSTEM AND A NEW SYSTEM OF PRODUCTION QUOTAS IN RESPECT OF CERTAIN PRODUCTS ' ' ( OFFICIAL JOURNAL 1981 , L 180 , P . 1 ). ARTICLE 10 OF THAT DECISION ALLOWS FOR ADJUSTMENTS OF PRODUCTION QUOTAS FOR PRODUCTS IN CATEGORY IA INTENDED FOR THE MANUFACTURE OF SMALL TUBES . ACCORDING TO THE RECITALS IN THE PREAMBLE TO THAT DECISION , THOSE TUBES ARE IN ACTIVE DEMAND , MAINLY IN THE ENERGY SECTOR . FOR STATISTICAL PURPOSES THEY ARE , HOWEVER , DIFFICULT TO DISTINGUISH FROM ANY OTHER SMALL WELDED TUBE . CONSEQUENTLY THE QUOTAS FOR UNDERTAKINGS MUST BE ADJUSTED AT THEIR REQUEST AND ON PRESENTATION OF SUPPORTING DOCUMENTS , IN ORDER TO ALLOW PRODUCTION OF SUCH TUBES TO PROCEED . ON THE BASIS OF THOSE RECITALS , ARTICLE 10 PROVIDES THAT :
' ' WITH REGARD TO PRODUCTS OF CATEGORY IA WHICH ARE USED IN THE FORM OF HOT-ROLLED PRODUCTS FOR THE PRODUCTION IN THE COMMUNITY OF WELDED TUBES WITH A DIAMETER NOT LARGER THAN 406.4 MM , THE COMMISSION SHALL , AT THE UNDERTAKING ' S REQUEST ACCOMPANIED BY PROOF OF USE FOR SUCH A PURPOSE , ADJUST THE QUOTA AND AUTHORIZE THE RELEVANT DELIVERIES . ' '
3 THE APPLICANT REQUESTED THE BENEFIT OF THAT PROVISION IN ORDER TO MEET AN ORDER FROM CORINTH PIPEWORKS SA , RECEIVED ON 13 JULY 1981 AND ACCEPTED ON 20 AUGUST 1981 . THE ROLLED PRODUCTS ORDERED WERE PRODUCED IN SEPTEMBER 1981 , THAT IS TO SAY DURING THE THIRD QUARTER OF 1981 . THEY WERE SHIPPED ON 14 AND 26 OCTOBER 1981 , DURING THE FOURTH QUARTER OF 1981 , ON DATES DETERMINED BY THE SHIP ' S TIMETABLE .
4 THE COMMISSION DID NOT DENY THAT THAT PRODUCTION WAS USED FOR PURPOSES WHICH ENTITLED THE APPLICANT TO AN ADJUSTMENT OF ITS QUOTA , BUT IT NEVERTHELESS CONSIDERED THAT THE ADJUSTMENT SHOULD BE MADE BY INCREASING THE PRODUCTION QUOTA FOR THE QUARTER IN WHICH DELIVERY , AND NOT PRODUCTION , TOOK PLACE .
5 CONSEQUENTLY , THE APPLICANT ' S QUOTA FOR THE THIRD QUARTER WAS INCREASED BY DECISION OF 23 DECEMBER 1981 TO 671 852 TONNES FOR PRODUCTS OF CATEGORY IA , TAKING INTO ACCOUNT SOLELY THE DELIVERIES EFFECTED DURING THAT QUARTER . THE APPLICANT DID NOT INSTITUTE PROCEEDINGS BEFORE THE COURT CHALLENGING THAT DECISION WITHIN THE PRESCRIBED PERIOD . SINCE THE APPLICANT ' S PRODUCTION AMOUNTED TO 685 950 TONNES - AN EXCESS OF 8 556 TONNES TAKING INTO ACCOUNT A TOLERANCE OF 3 % - THE COMMISSION ADOPTED THE CONTESTED DECISION IMPOSING UPON THE APPLICANT A FINE CALCULATED IN ACCORDANCE WITH ARTICLE 12 OF DECISION NO 1831/81/ECSC BY MULTIPLYING THE NUMBER OF TONNES OF EXCESS BY 75