1. 4. 98 Official Journal of the European Communities L 100/55 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 January 1998 relating to a proceeding pursuant to Article 65 of the ECSC Treaty (Case 1V/35.814 — Alloy surcharge) (Only the Dutch, French, German, Italian, Spanish and Swedish texts are authentic) (Text with EEA relevance) (98/247/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 65 thereof, Having regard to the information obtained by the Commission and the checks made pursuant to Article 47 of the Treaty, Having regard to the written comments submitted pursuant to Article 36 of the Treaty and noting that the parties formally waived their right to present oral comments, Whereas: I. THE FACTS A. Procedure (1)  Following reports in the specialised press and unof- ficial complaints from several consumers, the Commission initiated an investigation into the application by European stainless steel producers of a general price increase known as an ‘alloy surcharge’. On 16 March 1995, under Article 47 of the ECSC Treaty, the Commission asked a number of produ- cers for data concerning the price changes, the formula or method used to calculate the amounts applied, the circumstances and the date on which the formula was first used, as well as any sub- sequent amendments or applications. On the basis of the information obtained and, in particular, copies of circulars sent by the producers to their customers which announced a modification of the bases used to calculate the alloy surcharge, the Commission sent a statement of objections on 19 December 1995 to 19 undertakings. Having examined the file, the undertakings replied to the objections at the beginning of 1996. The replies prompted the Commission to under- take further investigations. Checks under Article 47 of the ECSC Treaty were carried out at Acerinox, ALZ, Avesta  Sheffield, Krupp, Thyssen, Outokumpu and Usinor Sacilor. Requests for in- formation were sent to Acerinox, Acciai Speciali Terni, ALZ, Bohler, Olarra, Outokumpu and Usinor Sacilor. The undertakings to which this Decision is addressed submitted their comments on the new statement of objections which the Commission sent to them on 24 April 1977 and which cancels and replaces that of 19 December 1995. In their replies, they formally waived their right to put forward their views at a hearing.