EUR-Lex - 31963D0021 - EN

Article 1

Article 2 of Decision No 37-54 shall be amended to read as follows:

"1. Undertakings in the steel industry shall publish their price lists and conditions of sale for special steels within the meaning of Annex III to the Treaty in accordance with the provisions of this Decision.

1. 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 accordance with the provisions of this Decision.

1. Undertakings in the steel industry may, under the conditions laid down in Article 6, 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 7 of Decision No 37-54 shall be amended to read as follows:

"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.

1. Where such middlemen do not publish price lists and conditions of sale, they may discharge their obligation by specifying under the conditions laid down in Article 6 that the price lists and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.

1. Undertakings shall be held liable for any infringement of the foregoing obligations by such middlemen."

Article 3

The following Article 8 shall be inserted after Article 7 in Decision No 37-54:

"1. Undertakings and selling agencies shall frame their conditions of sale in such a way that their customers (dealers) are under an obligation, in the case of resale in the unaltered state otherwise than by sale ex depot, to ensure that their price lists and conditions of sale comply with the rules laid down in this Decision.

1. In so far as the customers (dealers) do not include in their lists their own prices and conditions of sale, they may discharge their obligation by indicating, under the conditions laid down in Article 6, those items of the price lists and conditions of sale applied by the producer undertaking in accordance with this Decision which apply to sales made by them."

Article 4

Article 8 of Decision No 37-54, in the wording adopted on 29 July 1954, is hereby repealed.

Article 5

This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on 20 January 1964.

The text of Decision No 37-54, as amended by this Decision, shall be published in the form of a Communication in the Official Journal of the European Communities.

This Decision was considered and adopted by the High Authority at its meeting on 11 December 1963.

For the High Authority

The President

Dino DEL BO