COUNCIL REGULATION (EC) No 790/96 of 29 April 1996 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (1), entered into force on 1 February 1995;
Whereas the situation relating to imports of certain steel products from the Czech Republic into the Community has been the subject of thorough examination and whereas, on the basis of relevant information supplied to them, the parties decided in Association Council Decision No 2/96 (2) that the solution acceptable to both parties is a double-checking system, without quantitative limits, for the import into the Community of certain steel products covered by the ECSC and EC Treaties for an initial period running from the date on which this Regulation enters into force to 31 December 1996,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the period running from the date on which this Regulation enters into force to 31 December 1996, in accordance with the provisions of Association Council Decision No 2/96, imports into the Community of certain iron and steel products covered by the ECSC and EC Treaties originating in the Czech Republic, as listed in Annex I, shall be subject to the presentation of an import document issued by the authorities in the Community.
2. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature`, or in abbreviated form 'CN`). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in the Community.
3. For the period running from the date on which this Regulation enters into force to 31 December 1996, imports into the Community of the iron and steel products originating in the Czech Republic and listed in Annex I shall, in addition, be subject to the issue of an export document issued by the competent authorities of the exporting country. Presentation by the importer of the original of the export document must be effected not later than 31 March of the year following that in which the goods covered by the document were shipped.
4. An export document will not be required for goods originating in the Czech Republic already shipped before the date on which this Regulation enters into force, provided that the destination of such products is not changed and that those products which, under the prior surveillance regime applicable in 1995, may be put into free circulation only on production of an import document are in fact accompanied by such a document.
5. Shipment is considered to have taken place on the date of loading on to the exporting means of transport.
6. The export document shall conform to the model shown in Annex II. It shall be valid for exports throughout the customs territory of the Community.
Article 2
1. The import document referred to in Article 1 shall be issued automatically by the competent authority in the Member States, without charge for any quantities requested, within five working days of presentation of an application by any Community importer, wherever established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise.
2. An import document issued by one of the competent national authorities listed in Annex III shall be valid throughout the Community.
3. The import document shall be made out on a form corresponding to the model set out in Annex IV. The importer's application shall include the following elements:
(a) the name and full address of the applicant (including telephone and telefax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT;
(b) if applicable, the name and full address of the declarant or representative of the applicant (including telephone and fax numbers);
(c) the full name and address of the exporter;
(d) the exact description of the goods, including
- their trade name,
- the combined nomenclature (CN) code(s),
- the country of origin,
- the country of consignment;
(e) the net weight, expressed in kg and also quantity in the unit prescribed where other than net weight, by combined nomenclature heading;
(f) the cif value of the goods in ECU at the Community frontier by combined nomenclature heading;
(g) whether the products concerned are seconds or of substandard quality (3);
(h) the proposed period and place of customs clearance;
(i) whether the application is a repeat of a previous application concerning the same contract;
(j) the following declaration, dated and signed by the applicant with the transcription of his name in capital letters:
'I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community.`
The importer shall also submit a copy of the contract of sale or purchase, the pro forma invoice and/or, in cases where the goods are not directly purchased in the country of production, a certificate of production issued by the producing steel mill.
4. Import documents may be used only for such time as arrangements for liberalization of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in force or decisions taken in the framework of an agreement or the management of a quota:
- the period of validity of the import document is hereby fixed at four months,
- unused or partly used import documents may be renewed for an equal period.
Article 3
1. A finding that the unit price at which the transaction is effected exceeds that indicated in the import document by less than 5 % or that the total value or quantity of the products presented for import exceeds the value or quantity given in the import document by less than 5 % shall not preclude the release for free circulation of the products in question.
2. Applications for import documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant.
Article 4
1. Within the first 10 days of each month, the Member States shall communicate to the Commission:
(a) details of the quantities and values (calculated in ECU) for which import documents were issued during the preceding month;
(b) details of imports during the month preceding the month referred to in subparagraph (a).
The information provided by Member States shall be broken down by product, CN code and by country. It shall be communicated electronically in the form agreed for this purpose.
2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant an import document.
Article 5
Any notices to be given hereunder shall be given to the Commission of the European Communities (DG I/D/2 and DG III/C/2).
Article 6
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 April 1996.