CELEX: 31956S0033
Language: en
Date: 1956-11-21 00:00:00
Title: ECSC High Authority: Decision No 33/56 of 21 November 1956 on the returns to be made by undertakings in the iron and steel industry in respect of their substandard products and seconds

42                                  Official Journal of the European Communities
 334/56                              EUROPEAN COAL AND STEEL COMMUNITY                                            25.11.56
                                                   DECISION No 33-56
                                                   of 21 November 1956
               on the returns to be made by undertakings in the iron and steel industry in respect of their
                                              substandard products and seconds
THE HIGH AUTHORITY,                                                                       Article 2
Having regard to Article 47 of the Treaty ;                    The return shall contain the following particulars,
Whereas it is normal and legitimate practice for iron           shown separately for each of the classes of products
                                                               listed in Annex I to this Decision :
and steel undertakings to allow, on substandard
products and seconds, rebates on the list prices of             ( 1 ) aggregate tonnage of deliveries of substandard
 first-quality products ;                                              products and seconds (in the Community and in
                                                                      third countries);
Whereas there exists the possibility that undertakings          (2) percentage of that tonnage in relation to total de­
may sell first-quality products as substandard prod­                  liveries of corresponding first-quality products
ucts or seconds or may otherwise in the sale of these                  (in the Community and in third countries);
products contravene the provisions of Article 60 ( 1)
of the Treaty, which deals with prohibited practices ;          (3 ) the tonnage under ( 1 ) broken down by Com­
                                                                       munity countries and third countries, expressed
Whereas transactions involving substandard products                    as a percentage of the total .
or seconds are not usually comparable; whereas it
would not therefore further the attainment of the ob­                                     Article 3
jectives set out in Article 60 ( 1 ) of the Treaty were
the reductions allowed on these transactions pub­               Returns must be sent on the fifteenth day of each
lished;                                                         month in respect of the products delivered during the
                                                               preceding calendar month .
Whereas the High Authority must, however, be kept
informed at all times of the tonnage and conditions                                      Article 4
of sale of substandard products and seconds so that it
may be in possession of sufficient information to be            Separate returns, similar to those referred to in
able to evaluate these transactions ;                           Article 2, must be made before 31 December 1966 of
                                                                deliveries made during each calendar month in the
DECIDES :                                                       period 1 July 1956 to 30 November 1956.
                          Article 1                                                       Article 5
1.      Undertakings in the steel industry shall make re­       Returns must be made in the form shown in An­
turns to the High Authority of their deliveries per             nex II to this Decision .
calendar month of substandard products and seconds .
                                                                                         Article 6
2 . This compulsory return shall apply to all prod­
ucts of iron, steel and special steels , but in the case of    Undertakings shall keep a register in which the fol­
the special steels defined in Annex III to the Treaty it       lowing particulars shall be entered for each trans­
shall apply to the following types only :                       action involving substandard products or seconds :
(1) Manganese-silicon steels for vehicle springs ;             ( 1 ) date of sale;
                                                               (2) date of dispatch;
(2) Free-cutting steels, including sulphur steel, lead         (3 ) description of product;
      steel and lead-sulphur steel;
                                                               (4)    reason for substandard classification ;
(3 ) Electrical sheet, irrespective of wattage loss ;          (5 )   metric tonnage delivered ;
(4) Non-alloy structural steels containing 0 6% or             (6)    sale price;
      more of carbon .                                         (7)    name of buyer;
 ---pagebreak---                                        Official Journal of the European Communities                                      43
( 8 ) country of destination—particulars of goods                                            Article 8
      supplied to be entered separately for each Com­
      munity country, and for third countries taken as                This Decision shall enter into force within the Com­
      a whole.                                                        munity on 30 November 1956.
For deliveries to destinations in third countries, the
buyer's name and the price are not required.
                                                                      This Decision was considered and adopted by the
                           Article 7
                                                                      High Authority at its meeting on 21 November 1956.
Substandard products or seconds within the meaning
of this Decision are products sold below the under­
taking's published list prices where such products are                                               For the High Authority
of faulty workmanship, are rejects, or of limited use                                                     The President
as made, by reason of their dimensions or of defects,
including defects in quality.                                                                             Rene MAYER
                                                            ANNEX 1
                                                    List of classes of products
               Ingots for rubes
               Other irgots
               Semi-finished products
               Hot-rollsd coils •
               Heavy permanent railway material
               Light permanent railway material
               Sheet pilings
               Wide-flanged beams
               Other beams, shapes and channels, 80 mm and over, and Omega sections
               Tube rounds and squares (not ingots)
               Wire roc. in coils ( 13 mm and under)
               Merchant steel, including straightened rod and reinforcing rods
               Universal plates over 6 mm in thickness
               Hot-rolled hoop and strip and tube strip (500 mm and under)
               Plate 3 mm and over
               Sheet under 3 mm , including cold-rolled sheet in coils
               Cold-rolled strip for tinplate
               Tinplate and other tinned sheet
               Blackplate
               Galvanised, leaded and other coated sheet
               Electrical sheet
 ---pagebreak---                                                   ANNEX II                                                                                                                             44
   estionnaire 2-76 : Deliveries of substandard products and seconds of ordinary steel 1
 completed by the fifteenth day of each month for the preceding month , in duplicate , under registered
 he Director of the Statistics Division of the High Authority, 29 rue Aldringer , Luxembourg
                           Company's registration number with the High Authority                             Month                                  Year
                                                                  Break-down of tonnage under 01 in %
        Total deliveries of substandard                                ( tonnage column 01 = 100% )                                      Deliveries under 01 in % of
             products and seconds                                                                                                         total deliveries of first quality
        ( Community -h third countries)                                                                                                          products (= 100)
                 Metric tons              Germany      Belgium      France /        Italy       Luxem­        Nether­       Third       ( Community + third countries)
                                           ( FRG )                   Saar                        bourg         lands       countries
                      01                     02           03           04            05            06            07            08                       09
                                                                               •
                                                                                                                                    ♦
                                                                                                                                                                              Official Journal of the European Communities
     n , returns should not include deliveries by one steel plant (within the meaning of the Treaty) to another steel plant (within the meaning of the Treaty) belong­
 r repairs, nor deliveries to integrated tube works, forges and other units not included by the Treaty in the steel sector.
 ---pagebreak---                           Official Journal of the European Communities                                 45
                         EXPLANATORY NOTES TO QUESTIONNAIRE 2-76
                                            1 . General remarks
1 . The questionnaire applies to all Community undertakings .
2 . The month to be taken into account is the calendar month .
3 . Deliveries refer to all products (substandard , seconds , pieces of sheet or cut-ends not intended
     for re-melting. Indicate net tonnage delivered , taking products in the ex works state.
4. Delivery returns must include contract work carried out for customers other than steel
     plants within the meaning of the Treaty.
5 . Deliveries made to replenish stores forming part of the plant should be included in returns
     only at such time as the products concerned are sent out to customers by the warehouse.
     Deliveries should be recorded at the time when the warehouse notifies the plant of their
     dispatch.
6. The compulsory return applies to all products of ordinary steel as currently defined , that
     is to say, all products, with the exception of those of high carbon steels and special alloy
     steels , deliveries of which are recorded in Questionnaire 2-74 of the High Authority (see
     definitions at the end of these notes). Thus, as a general rule returns must be made of
     steels not covered by Annex III to the Treaty, and the following qualities of steel , which,
     although covered by Annex III to the Treaty, are in practice regarded by producers as
     ordinary steel :
     (a) Manganese-silicon steels for vehicle springs ;
     (b) Free-cutting steels , including sulphur steel , lead steel and lead-sulphur steel ;
     (c) Electrical sheet, irrespective of wattage loss ;
     (d) Non-alloy structural steels containing 0-6% or more of carbon .
                                                2 . Definitions
Products are defined as follows :
  1 . Substandard products and seconds :
      Products sold below the undertakings' published list prices where such products are of
       fault)- workmanship, are rejects , or of limited use as made, by reason of their dimensions
       or of defects, including defects in quality.
 2 . Semi-finished products :
      Blooms, slabs, billets, sheet bars (except for tubes ; these are tube rounds and squares).
 3 . Hot-rolled wide coils :
      Wide- hot-rolled strips of rectangular section, not less than 1-5 mm thick, of a width
      exceeding 500 mm , in continuous coils (spools) and of a weight of not less than 500 kg
      per piece.
 4. Universal plates :
      Products of rectangular section, hot-rolled lengthwise, in a closed box or universal mill , of a
      thickress exceeding 6 mm but not exceeding 100 mm , and of a width exceeding 150 mm
      but not exceeding 1200 mm .
 ---pagebreak--- 46                          Official Journal of the European Communities
    5 . Hoop and strip :
        Rolled products with sheared or unsheared edges , of rectangular section , of a thickness
        not exceeding 6 mm , of a width not exceeding 500 mm , and of such dimensions that the
        thickness does not exceed one-tenth of the width , in straight strips , coils , or flattened coils.
    6. Sheets and plates :
        Rolled products (other than coils for re-rolling as defined in 3 above) of a thickness not
        exceeding 125 mm , and , if in square or rectangular form , of a width exceeding 500 mm
        (thicker sheets and plates may be included , where they are not covered by the definition
        of semi-finished products).
    7. Electrical sheet :
        Sheet which contains not less than 0-35% but not more than 8% of silicon without the
        addition of further alloy elements other than aluminium , in a proportion of less than 0-30% ,
        subject to a wattage loss per kilogramme of 3-6 watts or less for a sheet 0-50 mm thick,
        using the Epstein test and subjecting the material to a current of 50 cycles per second ,
        with induction at 10 000 gauss.
    8 . Tinplate and blackplate
        Wasters (2nd , 3rd and 4th quality) and menders (seconds) should not be included in returns ;
        (a) if their prices are published in the price list ;
        (b) if they are delivered together with first-quality products and the whole ' consignment is
            invoiced at the first-quality price.
        As regards blackplate, the definitions to be accepted provisionally are those customarily
        employed in each country.
    9 . Galvanised sheet :
        All sheet , hot- or cold-rolled , in sheets or strips , flat or corrugated , hot-dip galvanised .
   10 . Wire rod :
        Hot-rolled products of solid section , in coils , of any cross-sectional shape , of which no
        cross-sectional dimension exceeds 13 mm .
   11 . Merchant steels :
        Hot-rolled finished products not included in any of the above categories and included in one
        of the following :
        Permanent railway material (rails , sleepers , chairs and fishplates) ;
        Sheet pilings ;
        Wide-flanged beams ;
        Other beams , shapes and channels , 80 mm and over ;
        Tube rounds and squares .
   12. High-grade and special steels (not included in questionnaire)
                                    A. General definition of special steels
                                      (see questionnaires 2-16 and 2-74)
   Special steels are steels processed to obtain special properties adapted to specific uses. These
   properties—particularly as regards maximum degrees of purity and homogeneity ensuring, for
   a given composition, optimum qualities and suitability for heat-treatment giving maximum
   efficiency in each particular case—will be present only if special care is taken during pro­
   duction and hot-working and constant supervision excercised during manufacture, which cannot
   regularly and normally be ensured during the manufacture of ordinary steels.
   They include some alloy steels and high carbon steels.
 ---pagebreak---                                            Official Journal of the European Communities                             47
                                                                 B. Special alloy steels
                 1.    Alloy steels are steels containing one or more alloying elements , the prescribed or in­
                tended content of which (giving the upper limit of the composition range) exceeds :
                     Mr.: 0-8%           V:    0-05%
                     Si :  0-5%          W:    0-2%
                     Ni :  0-3%          Co : 0-2%
                     Cr :  0-3%          Al :  0-29%
                     Mo : 0-05%          Cu : 0-39%
                 Other metallic elements1 : 0-09% or containing some proportion of boron.
                2 . A.1 alloy steels are regarded as special steels , with the exception of the following , which
                 are regarded as ordinary steels :
                 (a) free-cutting steels (S, P, Pb) ;
                 (b) steels or silicon steels for electrical sheet, and electrical sheets ;
                 (c) manganese steels and manganese-silicon steels , not containing any other alloying element
                     in tie above proportions , for the manufacture of vehicle springs , grinders (up to 2% Mn
                      + Si), oil conduits, rails and rolling stock, steam boilers or pressure vessels and steel for
                     metal frameworks (including bridges and shipbuilding) ;
                 (d) weldable sheets for steel boilers , containing 2% of Cr and 0-05% of Mo.
                                                                 C. High carbon steels
                High carbon steels are special unalloyed steels with a guaranteed sulphur and phosphorus
                content lower than 0-04% for each of the elements taken separately and lower than 0-07% for
                the two elements taken together, suitable for heat-treatment (in particular improving or hardening
                or surfs.ce tempering) or which have certain electric or magnetic properties . Sheet for deep
                drawing and steel for its manufacture are excluded .
1 Elements which cannot be regarded as impurities, i.e. the presence of which is intentional and guaranteed .