THESE THREE SUBMISSIONS MENTIONED ABOVE ARE WELL FOUNDED .
THE QUESTION WHETHER THE LIABILITIES OF UNDERTAKINGS BY WAY OF CONTRIBUTIONS ARE TO BE DETERMINED IN UNITS OF ACCOUNT OR IN NATIONAL CURRENCIES POSES FALSE ALTERNATIVES . WITHIN THE FRAMEWORK OF THE FERROUS SCRAP EQUALIZATION SCHEME THE UNIT OF ACCOUNT IS NOT A CURRENCY DIFFERENT FROM NATIONAL CURRENCIES BUT IS ONLY AN ACCOUNTING DEVICE INTENDED TO FACILITATE THE FIXING OF A GENERAL EQUALIZATION PRICE AND THE UNIFORM AND EXPEDITIOUS CALCULATION OF THE ACCOUNTS FOR EQUALIZATION PAYMENTS AND CONTRIBUTIONS . WITH REGARD TO THE VARIOUS UNDERTAKINGS THE USE OF THE UNIT OF ACCOUNT IS ONLY INTENDED TO INDICATE THE METHOD OF CALCULATING IN THEIR NATIONAL CURRENCIES THE AMOUNTS WHICH THEY OWE OR ARE OWED . THESE AMOUNTS, CALCULATED IN UNITS OF ACCOUNT, ARE IMMEDIATELY CONVERTED INTO NATIONAL CURRENCIES . THEREFORE, THE UNDERTAKINGS' CONTRIBUTIONS, EVEN IF THEY WERE CALCULATED IN UNITS OF ACCOUNTS, ARE IN FACT ONLY DETERMINED IN NATIONAL CURRENCIES .
THE QUESTION THEN ARISES AT WHAT TIME THE CALCULATION OF BOTH THE AMOUNTS OF THE EQUALIZATION CONTRIBUTIONS AND PAYMENTS AND THE RESULTING CONVERSION INTO NATIONAL CURRENCIES OF THE AMOUNTS CALCULATED IN UNITS OF ACCOUNT MUST BE EFFECTED .
THE PARTIES BOTH AGREE THAT, ACCORDING TO THE PRINCIPLES AND NATURE OF THE EQUALIZATION SCHEME, THE DETERMINATION OF EQUALIZATION PRICES AND THE AMOUNTS OF THE EQUALIZATION PAYMENTS MUST BE BASED ON THE DATE WHEN THE SCRAP WAS PURCHASED . THE APPLICANT, ON THE OTHER HAND, DOES NOT AGREE THAT THIS MUST NECESSARILY BE THE DATE FOR THE CALCULATION OF CONTRIBUTIONS AND CONCLUDES ON THIS POINT THAT, FOLLOWING THE PRACTICE ADOPTED BY THE MAJORITY OF MEMBER STATES, THE DATE MUST EITHER BE THE DATE WHEN THE CONTRIBUTIONS ARE FINALLY DETERMINED OR WHEN THEY ARE IN FACT PAID .
HOWEVER, THESE CONCLUSIONS CANNOT BE ACCEPTED . IN ORDER TO ACHIEVE AN EQUAL DISTRIBUTION OF THE CHARGES ARISING OUT OF THE IMPORTATION OF FERROUS SCRAP FROM THIRD COUNTRIES, THE EQUALIZATION SCHEME OPERATED ON THE BASIS OF ACCOUNTING PERIODS, USUALLY OF ONE MONTH, SO THAT ONE EQUALIZATION PRICE WAS ADOPTED FOR EACH PERIOD AND THE EQUALIZATION PAYMENTS MADE DURING THIS PERIOD WERE CALCULATED ON THE BASIS OF THIS EQUALIZATION PRICE . WHEN THIS HAD BEEN DONE THE CHARGE RESULTING FROM THE SAID PAYMENTS, WHICH VARIED CONSIDERABLY FROM ONE ACCOUNTING PERIOD TO ANOTHER, WAS LEVIED ON ALL UNDERTAKINGS SUBJECT TO THE LEVY, IN PROPORTION TO THE VOLUME OF THEIR PURCHASES WHETHER IMPORTED FROM OUTSIDE OR ORIGINATING WITHIN THE COMMON MARKET .
P.740
IN THIS WAY IN EACH ACCOUNTING PERIOD IT WAS ARRANGED THAT THE COST PRICE OF IMPORTED FERROUS SCRAP FOR ALL UNDERTAKINGS WAS THE SAME AS THE AVERAGE PURCHASE PRICE OF SCRAP BOUGHT ON THE INTERNAL MARKET . AS THE CONTRIBUTION PER METRIC TON OF SCRAP VARIES FROM ONE ACCOUNTING PERIOD TO ANOTHER, IT IS NECESSARY TO FIX THE CONTRIBUTIONS TO BE PAID ON THE BASIS OF THE PARITY OF THE UNIT OF ACCOUNT IN FORCE DURING THE SAID PERIODS .
AS THE EQUALIZATION SCHEME CONSISTS BASICALLY