CELEX: 31978S2870
Language: en
Date: 1978-12-05 00:00:00
Title: 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

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31978S2870

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  

Official Journal L 341 , 06/12/1978 P. 0005 - 0005

++++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  *ITEM 1*ITEM 2*ITEM 3*ITEM 4*ITEM 5*  5.0 PRICE LIST(S ) USED******  BASING POINT(S )******  SPECIFICATION : ******  PRODUCT(S )******  QUALITY ( QUALITIES ) ******  SIZE******  LENGTH******  TONNAGE : ******  ORDERED******  DELIVERED******  5.1 BASIC PRICE******  EXTRA : ******  QUALITY******  SIZE******  QUANTITY******  LENGTH******  PICKLING******  LOADING ON TRUCK/ON BOARD******  PACKING******  OTHER******  EFFECTIVE GROSS PRICE PER TONNE******  5.2 LESS TOTAL REBATE******  5.3 APPLICATION OF PARITY RULES******  PLUS : ******  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******  ... EX WORKS******  ... 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 .