This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION DECISION No 2136/97/ECSC
of 12 September 1997
on administering certain restrictions on imports of certain steel products from the Russian Federation
(OJ L 300, 4.11.1997, p. 15)
Amended by:
Official Journal
No page date
"M1 Commission Decision No 2124/98/ECSC of 2 October 1998 L 268 31 3.10.1998
"M2 Commission Decision No 2235/1999/ECSC of 21 October 1999 L 272 4 22.10.1999
"M3 Commission Decision No 659/2000/ECSC of 30 March 2000 L 80 11 31.3.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999 should be
understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1997S2136 — EN — 01.04.2000 — 003.001 — 1
COMMISSION DECISION No 2136/97/ECSC
of 12 September 1997
on administering certain restrictions on imports of certain steel products
from the Russian Federation
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel
Community and in particular the first paragraph of Article 95 thereof,
Having consulted the Consultative Committee and with the unanimous assent
of the Council,
Whereas for the years 1995, 1996 and the first six months of 1997 trade in
certain products covered by the Treaty establishing the European Coal andSteel Treaty was the subject of agreements between the Parties (
1); and
whereas the Community has concluded a further agreement with the Russian
Federation concerning trade in certain steel products covered by the European
Coal and Steel Community Treaty which take account of developments in therelationship between the Parties (
2);
Whereas this agreement establishes quantitative limits for the entry into free
circulation in the Community of certain steel products between 1997 to 2001
and provides a framework for the removal of quantitative restrictions provided
that certain conditions are met and in particular when equivalent disciplines inrespect of competition, public aid and environmental protection have beenestablished in respect of the steel products covered by the Agreement;
Whereas it is necessary to provide the means to administer this agreement
within the Community, taking into account the experience gained during the
previous agreement by the application of Commission Decision No
3/96/ECSC (
3), as amended for the period 1 January to 30 June 1997 by
Decision No 350/97/ECSC (4) (the Russian Federation);
Whereas it is necessary to ensure that the origin of the products in question is
checked and appropriate methods of administrative cooperation are set up tothis end;
Whereas the effective application of the agreement requires the introduction
of a requirement of a Community import licence for the entry into free
circulation in the Community of the products in question together with a
system for administering the grant of such Community import licences;
Whereas products placed in a free zone or imported under the arrangements
governing customs warehouses, temporary importation or inward processing
(suspension system) should not be counted against the limits established forthe products in question;
Whereas, in order to ensure that these quantitative limits are not exceeded, it
is necessary to establish a management procedure whereby the competentauthorities of the Member States will not issue import licences before
obtaining prior confirmation from the Commission that appropriate amounts
remain available within the quantitative limit in question;
Whereas the agreement provides for a system of cooperation between the
Russian Federation and the Community with the aim of preventingcircumvention by means of transhipment, rerouting or other means; whereasa consultation procedure is established under which an agreement can be
reached with the country concerned on an equivalent adjustment to the
relevant quantitative limit when it appears that the agreement has beencircumvented; whereas the Russian Federation also agreed to take the
necessary measures to ensure that any adjustments could be rapidly applied;
whereas, in the absence of agreement with a supplier country within the timelimit provided, the Community may, where clear evidence of circumvention isprovided, apply the equivalent adjustment;!B
(1) OJ L 5, 8. 1. 1996, p. 24 and OJ L 45, 15. 2. 1997, p. 40.
(2) See page 52 of this Official Journal.
(3) OJ L 5, 8. 1. 1996, p. 1.
(4) OJ L 59, 28. 2. 1997, p. 2.1997S2136 — EN — 01.04.2000 — 003.001 — 2
Whereas it is necessary, in order to ensure an effective application of the
Community licensing system and to ensure coherence and continuity thatexport licences and import authorisations issued during the period 1 Januaryto 30 September 1997 should be counted against the limits established for
1997 in this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Scope
1 This Decision applies to imports of the steel products listed in Annex I,
originating in the Russian Federation.
2. For the purposes of paragraph 1, the steel products shall be classiefied in
product groups as set out in Annex I.
3. The classification of products listed in Annex I shall be based on the
combined nomenclature (CN). The procedures for the application of thisparagraph are laid down in part I of Annex II.
4. The origin of the products referred to in paragraph 1 shall be determined
in accordance with the rules in force in the Community.
5. The procedures for verification of the origin of the products referred to in
paragraph 1 are laid down in Annexes II and III and in the relevantCommunity legislation in force.
Article 2
Quantitative limits
1. The importation into the Community of the steel products listed in Annex
I originating in the Russian Federation shall be subject to the annual
quantitative limits laid down in Annex IV . The release for free circulation in
the Community of the products set out in Annex I originating in the RussianFederation shall be subject to the presentation of an import authorization
issued by the Member States’ authorities in accordance with the provisions of
Article 4.
The authorized imports shall be counted against the quantitative limits laid
down for the year in which the products are shipped in the exporting country.
2. In order to ensure that quantities for which import authorizations are
issued do not exceed at any moment the total quantitative limits for each
product group, the competent authorities shall issue import authorizations
only upon confirmation by the Commission that there are still quantitiesavailable within the quantitative limits for the relevant product group of steel
products in respect of the supplier country, for which an importer or importers
have submitted applications to the said authorities.
3. Imports of products after 1 January 1997, for which an export licence was
required pursuant to Commission Decision No 350/97/ECSC, shall be
counted against the relevant limits for 1997 laid down in Annex IV .
4. For the purposes of this Decision, shipment of products shall be
considered as having taken place on the date on which they were loaded onto
the exporting means of transport.
Article 3
Suspensive arrangements
1. The quantitative limits referred to in Annex IV shall not apply to products
placed in a free zone or free warehouse or imported under the arrangementsgoverning customs warehouses, temporary importation or inward processing
(suspension system).
2. Where the products referred to in paragraph 1 are subsequently released
for free circulation, either in the unaltered state or after working or
processing, Article 2 (2) shall apply and the products so released shall becounted against the relevant quantitative limit set out in Annex IV .!B1997S2136 — EN — 01.04.2000 — 003.001 — 3
Article 4
Specific rules for the administration of Community quantitative limits
1. For the purpose of applying Article 2 (2), the competent authorities of the
Member States, before issuing import authorizations, shall notify theCommission of the amounts of the requests for import authorizations,supported by original export licences, which they have received. By return,
the Commission shall notify its confirmation that the requested amount(s) of
quantities are available for importation in the chronological order in which thenotifications of the Member States have been received (‘first come, firstserved basis’).
2. The requests included in the notifications to the Commission shall be
valid if they establish clearly in each case the exporting country, the productgroup concerned, the amounts to be imported, the number of the exportlicence, the quota year and the Member State in which the products are
intended to be put into free circulation.
3. The notifications referred to in paragraphs 1 and 2 shall be
communicated electronically within the integrated network set up for thispurpose, unless for imperative technical reasons it is necessary to use other
means of communication temporarily.
4. As far as possible, the Commission shall confirm to the authorities the
full amount indicated in the requests notified for each product group ofproducts. Moreover, the Commission shall contact the Russian authoritiesimmediately in cases where requests notified exceed the limits in order to
seek clarification and a rapid solution.
5. The competent authorities shall notify the Commission immediately after
being informed of any quantity that is not used during the duration of validityof the import authorization. Such unused quantities shall automatically be
transferred into the remaining quantities of the total Community quantitative
limit for each product group.
6. The import authorizations or equivalent documents shall be issued in
accordance with Annex II.
7. The competent authorities of the Member States shall notify the
Commission of any cancellation of import authorizations or equivalent
documents already issued in cases where the corresponding export licenceshave been withdrawn or cancelled by the competent Russian authorities.However, if the Commission or the competent authorities of a Member State
have been informed by the competent Russian authorities of the withdrawal or
cancellation of an export licence after the related products have been importedinto the Community, the quantities in question shall be set off against the
quantitative limit for the year during which shipment of products took place.
8. The Commission may, in accordance with the procedure laid down in
Article 7, take any measure necessary to implement the provisions of thisArticle.
Article 5
Statistics
1. In respect of the steel products listed in Annex I, Member States shall
notify the Commission monthly, within one month of the end of each month,of the total quantities that have entered into free circulation during that month,
indicating the combined nomenclature code and using the statistical units and,
where appropriate, supplementary units used in that code. Imports shall bebroken down in accordance with the statistical procedures in force.
2. In order to enable market trends in the products covered by this Decision
to be monitored, Member States shall communicate to the Commission,
before 31 March each year, statistical data on the imports of the preceding
year.!B1997S2136 — EN — 01.04.2000 — 003.001 — 4
Article 6
Circumvention
1. Where, following the enquiries carried out in accordance with the
procedures set out in Annex III, the Commission notes that the information in
its possession constitutes proof that products listed in Annex I originating inthe Russian Federation have been transhipped, rerouted or otherwise importedinto the Community through circumvention of such quantitative limits and
that there is a need for the necessary adjustments to be made, it shall request
that consultations be opened so that agreement may be reached on anequivalent adjustment of the corresponding quantitative limits.
2. Pending the outcome of the consultations referred to in paragraph 1, the
Commission may ask the Russian Federation concerned to take the necessaryprecautionary steps to ensure that adjustments to the quantitative limits agreed
following such consultations may be carried out for the year in which the
request for consultations was lodged or for the following year, if thequantitative limits for the current year are exhausted, where there is clearevidence of circumvention.
3. If the Community and the Russian Federation fail to arrive at a
satisfactory solution and if the Commission notes that there is clear evidenceof circumvention, it shall, in accordance with the procedure laid down in
Article 7, deduct from the quantitative limits an equivalent volume of
products originating in the Russian Federation.
Article 7
Committee
1. In the implementation of this Decision the Commission shall be assisted
by a Committee composed of representatives of the Member States andchaired by a representative of the Commission.
2. Where reference is made to the procedure laid down in this Article, the
Chairman shall submit to the Committee a draft of the measures to be taken.The Committee shall deliver its unanimous assent on the draft measures
within a period which may be fixed by the chairman in accordance with the
degree of urgency of the matter.
The Commission shall adopt the measures proposed where they are in
conformity with the Committee’s opinion.
Where the measures proposed are not in conformity with the Committee’s
opinion, or where no opinion has been given, the Commission shall present
them to the Coucil, without delay. Should the Council fail to deliver itsunanimous assent within one month of the date on which the proposal waslaid before it, the Commission shall adopt the proposed measures.
3. The chirman may, on his own initiative or at the request of one of the
Member States’ representatives, request that the Committee consider anyother matter relating to the operation or application of this Decision.
Article 8
Final provisions
Amendments to the Annexes which may be necessary to take into account the
conclusion, amendment or expiry of agreements with the Russian Federation,
adjustments to the quantitative limits made in accordance with the provisionscontained in Article 2 (5) or Article 3 (4) of the ECSC steel agreement withthe Russian Federation, or amendments made to Community rules on
statistics, customs arrangements or common rules for imports, shall be
adopted in accordance with the procedure laid down in Article 7.
Article 9
This Decision shall not constitute in any way a derogation from the provisions
of the bilateral agreements on trade in certain steel products which the
Community has concluded with the Russian Federation and which, in all cases
of conflict, shall prevail.!B1997S2136 — EN — 01.04.2000 — 003.001 — 5
Article 10
This Decision shall enter into force on the day following that of its publication
in the Official Journal of the European Communities.
This Decision shall apply from 1 October 1997.
This Decision shall be binding in its entirety and directly applicable in all
Member States.!B1997S2136 — EN — 01.04.2000 — 003.001 — 6
ANNEX I
RUSSIAN FEDERATION
SA Flat-rolled products
SA1. Coils
7208 10 00
7208 25 00
7208 26 007208 27 007208 36 00
7208 37 90
7208 38 907208 39 90
7211 14 10
7211 19 20
7219 11 00
7219 12 10
7219 12 907219 13 107219 13 90
7219 14 10
7219 14 90
7225 20 20
7225 30 00
SA1a. Hot rolled coils for re-rolling
7208 37 10
7208 38 107208 39 10
SA2. Heavy Plate
7208 40 10
7208 51 10
7208 51 30
7208 51 507208 51 917208 51 99
7208 52 10
7208 52 917208 52 997208 53 10
7211 13 00
SA3. Other flat rolled products
7208 40 90
7208 53 907208 54 10
7208 54 90
7208 90 10
7209 15 00
7209 16 10
7209 16 907209 17 107209 17 90
7209 18 10
7209 18 917209 18 997209 25 00
7209 26 10
7209 26 907209 27 10!
B1997S2136 — EN — 01.04.2000 — 003.001 — 7
7209 27 90
7209 28 10
7209 28 90
7209 90 10
7210 11 10
7210 12 117210 12 19
7210 20 10
7210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 31
7210 70 39
7210 90 317210 90 337210 90 38
7211 14 90
7211 19 90
7211 23 10
7211 23 517211 29 207211 90 11
7212 10 10
7212 10 91
7212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 11
7212 60 91
7219 21 10
7219 21 907219 22 107219 22 90
7219 23 00
7219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 10
7219 34 90
7219 35 107219 35 90
7225 40 80
SB. Longs
SB1. Beams
7207 19 31
7207 20 71
7216 31 11
7216 31 197216 31 917216 31 99
7216 32 11
7216 32 197216 32 917216 32 997216 33 10!
B1997S2136 — EN — 01.04.2000 — 003.001 — 8
7216 33 90
SB2. Wire rod
7213 10 00
7213 20 007213 91 10
7213 91 20
7213 91 417213 91 497213 91 707213 91 90
7213 99 10
7213 99 90
7221 00 10
7221 00 90
7227 10 00
7227 20 007227 90 10
7227 90 50
7227 90 95
SB3. Other longs
7207 19 11
7207 19 147207 19 167207 20 517207 20 55
7207 20 57
7214 20 00
7214 30 007214 91 10
7214 91 90
7214 99 107214 99 317214 99 397214 99 50
7214 99 61
7214 99 697214 99 807214 99 90
7215 90 10
7216 10 00
7216 21 00
7216 22 00
7216 40 107216 40 907216 50 107216 50 917216 50 99
7216 99 10
7218 99 20
7222 11 11
7222 11 197222 11 217222 11 297222 11 91
7222 11 99
7222 19 107222 19 907222 30 107222 40 10
7222 40 30
7224 90 31
7224 90 39!
B1997S2136 — EN — 01.04.2000 — 003.001 — 9
7228 10 10
7228 10 30
7228 20 117228 20 197228 20 30
7228 30 20
7228 30 417228 30 497228 30 61
7228 30 69
7228 30 707228 30 89
7228 60 10
7228 70 107228 70 317228 80 10
7228 80 90
7301 10 00!
B1997S2136 — EN — 01.04.2000 — 003.001 — 10
ANNEX II
PART I
CLASSIFICA TION
Article 1
The classification of the steel products covered by the Decision is based on the
combined nomenclature (CN).
Article 2
On the initiative of the Commission or of a Member State, the tariff and statistical
nomenclature section of the Customs Code Committee, which was established byCouncil Regulation (EEC) No 2658/87 (
1), as amended by Article 252 of Council
Regulation (EEC) No 2913/92 (2), will examine urgently, in accordance with the
provisions of the aforementioned Regulations, all questions concerning the classifica-
tion of products covered by this Decision within the combined nomenclature in order to
classify them in the appropriate product groups.
Article 3
The Commission shall inform the Russian Federation of any changes in the combined
nomenclature (CN) affecting products covered by this Decision on their adoption by thecompetent authorities of the Community.
Article 4
The Commission shall inform the competent Russian authorities of any decisions
adopted in accordance with the procedures in force in the Community relating toclassification of products covered by this Decision, within one month at the latest oftheir adoption. Such communication shall include:
(a) a description of the products concerned;(b) the relevant product group, and the combined nomenclature code (CN code);
(c) the reasons which have led to the decision.
Article 5
1. Where a classification decision adopted in accordance with Community
procedures in force results in a change of classification practice or a change in the
product group of any product covered by this Decision, the competent authorities of the
Member States shall provide 30 days’ notice, from the date of the Commission’ snotification, before the decision is put into effect.
2. Products shipped before the date of application of the decision shall remain subject
to earlier classification practice, provided that the goods in question are entered toimportation within 60 days of that date.
Article 6
Where a classification decision adopted in accordance with the Community procedures
in force referred to in Article 5 of this Annex involves a product group subject to aquantitative limit, the Commission shall, where necessary, initiate consultations withoutdelay in accordance with Article 9 of this Decision, in order to reach agreement on anynecessary adjustments to the corresponding quantitative limits provided for in Annex IV .
Article 7
1. Without prejudice to any other provision on this subject, where the classification
indicated in the documentation necessary for importation of the products covered by this
Decision differs from the classification determined by the competent authorities of theMember State into which they are to be imported, the goods in question shall beprovisionally subject to the import arrangements which, in accordance with theprovisions of this Decision, are applicable to them on the basis of the classificationdetermined by the aforementioned authorities.
2. The competent authorities of the Member States shall inform the Commission of
the cases referred to in paragraph 1, indicating in particular:
— the quantities of products involved,!
B
(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 302, 19. 10. 1992, p. 1.1997S2136 — EN — 01.04.2000 — 003.001 — 11
— the product group shown on the import documentation and that retained by the
competent authorities,
— the number of the export licence and the category shown.
3. The competent authorities of the Member States shall not issue a new import
authorization for steel products subject to a Community quantitative limit laid down inAnnex IV following re-classification until they have obtained confirmation from theCommission that the amounts to be imported are available in accordance with theprocedure laid down in Article 4 of the Decision.
4. The Commission shall notify the exporting countries concerned of the cases
referred to in this Article.
Article 8
In the cases referred to in Article 7, as well as in those cases of a similar nature raised by
the competent Russian authorities, the Commission, if necessary, shall enter into
consultations with the Russian Federation, in order to reach agreement on theclassification definitively applicable to the products involved in the divergence.
Article 9
The Commission, in agreement with the competent authorities of the importing Member
State or States and of the Russian Federation, may, in the cases referred to in Article 8,determine the classification definitively applicable to the products involved in thedivergence.
Article 10
When a case of divergence referred to in Article 7 cannot be resolved in accordance
with Article 9, the Commission shall adopt, in accordance with the provisions of Article10 of Regulation (EEC) No 2658/87, a measure establishing the classification of thegoods in the Combined Nomenclature.
PART II
DOUBLE-CHECKING SYSTEM
(for administering quantitative limits)
Article 11
1. The competent Russian authorities shall issue an export licence in respect of all
consignments of steel products subject to the quantitative limits laid down in Annex IVup to the level of the said limits.
2. The original of the export licence shall be presented by the importer for the
purposes of the issue of the import authorization referred to in Article 14.
Article 12
1. The export licence for quantitative limits shall conform to the specimen set out in
Appendice I of this Annex and shall certify, inter alia, that the quantity of goods in
question has been set off against the quantitative limit established for the product group
concerned.
2. Each export licence shall cover only one of the product groups listed in Annex I.
Article 13
Exports shall be set off against the quantitative limits established for the year in which
the products covered by the export licence have been shipped within the meaning ofArticle 2 (5) of the Decision.
Article 14
1. To the extent that the Commission pursuant to Article 4 of the Decision has
confirmed that the amount requested is available within the quantitative limit in
question, the competent authorities of the Member States shall issue an importauthorization within a maximum of five working days of the presentation by theimporter of the original of the corresponding export licence. This presentation must beeffected not later than 31 March of the year following that in which the goods coveredby the licence have been shipped. Import authorizations shall be issued by the
competent authorities of any Member State irrespective of the Member State indicated
on the export licence, to the extent that the Commission, pursuant to Article 4 of theDecision, has confirmed that the amount requested is available within the quantitativelimit in question.!
B1997S2136 — EN — 01.04.2000 — 003.001 — 12
2. The import authorizations shall be valid for four months from the date of their
issue. Upon duly motivated request by an importer, the competent authorities of aMember State may extend the duration of validity for a further period not exceeding twomonths. Such extensions shall be notified to the Commission. In exceptionalcircumstances, an importer may request a second period of extension. These exceptionalrequests may be granted only by a decision taken in accordance with the procedure laid
down in Article 7 of the Decision.
3. Import authorizations shall be drawn up in the form set out in Appendix 2 of this
Annex and shall be valid throughout the customs territory of the Community.
4. The declaration or request made by the importer in order to obtain the import
authorization shall contain:
(a) the full name and address of the exporter;
(b) the full name and address of the importer;(c) the exact description of the goods and the CN code(s);(d) the country of origin of the goods;
(e) the country of consignment;
(f) the appropriate product group and the quantity in the appropriate unit as indicated
in Annex IV of the Decision for the products in question;
(g) the net weight by CN heading;(h) the cif value of the products at Community frontier by CN heading (as indicated in
box 13 of the export licence);
(i) whether the products concerned are seconds or of substandard quality;(j) where appropriate, dates of payment and delivery and a copy of the bill of lading
and of the purchase contract;
(k) date and number of the export licence;
(l) any internal code used for administrative purposes;
(m) date and signature of importer.5. Importers shall not be obliged to import the total quantity covered by an import
authorization in a single consignment.
Article 15
The validity of import authorizations issued by the authorities of the Member States
shall be subject to the validity of and the quantities indicated in the export licencesissued by the competent Russian authorities on the basis of which the importauthorizations have been issued.
Article 16
Import authorizations or equivalent documents shall be issued by the competent
authorities of the Member States in conformity with Article 2 (2) and without
discrimination to any importer in the Community wherever the place of this
establishment may be in the Community, without prejudice to compliance with otherconditions required under current rules.
Article 17
1. If the Commission finds that the total quantities covered by export licences issued
by Russia for a particular product group in any agreement year exceed the quantitative
limit established for that product group, the competent licence authorities in the
Member States shall be informed immediately to suspend the further issue of importauthorizations. In this event, consultations shall be initiated forthwith by theCommission.
2. The competent authorities of a Member State shall refuse to issue import
authorizations for products originating in Russia which are not covered by exportlicences issued in accordance with the provisions of this Annex.
PART III
COMMON PROVISIONS
Article 18
1. The export referred to in Article 11 of this Annex and the certificate of origin
(specimen attached) may include additional copies duly indicated as such. They shall bemade out in English.!
B1997S2136 — EN — 01.04.2000 — 003.001 — 13
2. If the documents referred to above are completed by hand, entries must be in ink
and in block letters.
3. The export licences or equivalent documents and certificates of origin shall
measure 210 × 297 mm. The paper shall be white writing paper, sized, not containingmechanical pulp and weighing not less than 25 g/m
2. Each part shall have a printed
guilloche pattern background making any falsification by mechanical or chemical
means apparent to the eye.
4. Only the original shall be accepted by the competent authorities in the Community
as being valid for import purposes in accordance with the provisions of this Decision.
5. Each export licence or equivalent document and the certificate of origin shall bear
a standardized serial number, whether or not printed, by which it can be identified.
6. This number shall be composed of the following elements:— two letters identifying the exporting country as follows:
RU = The Russian Federation,
— two letters identifying the Member State of intended destination as follows:
BE = Belgium
DK = DenmarkDE = GermanyEL = GreeceES = Spain
FR = France
IE = IrelandIT = ItalyLU = LuxembourgNL = NetherlandsAT = Austria
PT = Portugal
FI = FinlandSE = SwedenGB = United Kingdom,
— a one-digit number identifying the quota year corresponding to the last figure in
the year in question, e.g. ‘7’ for 1997,
— a two-digit number identifying the issuing office in the exporting country,
— a five-digit number running consecutively 00001 to 99999 allocated to the specific
Member State of destination.
Article 19
The export licence and the certificate of origin may be issued after the shipment of the
products to which they relate. In such cases they shall bear the endorsement ‘issued
retrospectively’.
Article 20
In the event of the theft, loss or destruction of an export licence or a certificate of origin,
the exporter may apply to the competent authority which issued the document for a
duplicate to be made out on the basis of the export documents in this possession. The
duplicate licence or certificate issued in this way shall bear the endorsement ‘duplicate’.
The duplicate shall bear the date of the original licence or certificate.!
B1997S2136 — EN — 01.04.2000 — 003.001 — 14
PART IV
COMMUNITY IMPORT LICENCE — COMMON FORM
Article 21
1. The forms to be used by the competent authorities of the Member States (list
attached to this Annex) for issuing the import authorizations referred to in Article 14shall conform to the specimen of the import licence set out in Appendix 2 to this Annex.
2. Import licence forms and extracts thereof shall be drawn up in duplicate, one copy,
marked ‘Holders copy’ and bearing the number 1 to be issued to the applicant, and theother, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept bythe authority issuing the licence. For administrative purposes the competent authorities
may add additional copies to form 2.
3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing
and weighing between 55 and 65 g/m
2. Their size shall be 210 × 297 mm, the type space
between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall
be followed precisely. Both sides of copy No 1, which is the licence itself, shall in
addition have a red printed guilloche pattern background so as to reveal any falsificationby mechanical or chemical means.
4. Member States shall be responsible for having the forms printed. The forms may
also be printed by printers appointed by the Member State in which they are established.In the latter case, reference to the appointment by the Member State must appear oneach form. Each form shall bear an identification of the printer’ s name and address or amark enabling the printer to be identified.
5. At the time of their issue the import licences or extracts shall be given an issue
number determined by the competent authorities of the Member State. The importlicence number shall be notified to the Commission electronically within the integratednetwork set up under Article 4.
6. Licences and extracts shall be completed in the official language, or one of the
official languages, of the Member State of issue.
7. In box 10 the competent authorities shall indicate the appropriate steel product
group.
8. The marks of the issuing agencies and debiting authorities shall be applied by
means of a stamp. However, an embossing press combined with letters or figuresobtained by means of perforation, or printing on the licence may be substituted for theissuing authority’ s stamp. The issuing authorities shall use any tamper-proof method torecord the quantity allocated in such a way as to make it impossible to insert figures orreferences (e.g. ECU 1 000).
9. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may
be entered, either by the customs authorities when import formalities are completed, orby the competent administrative authorities when an extract is issued.
If the space set aside for debits on a licence or extract thereof is insufficient, the
competent authorities may attach one or more extension pages bearing boxes matchingthose on the reverse of copy No 1 and copy No 2 of the licence or extract. The debitingauthorities shall so place their stamp that one half is on the licence or extract thereof and
the other half is on the extension page. If there is more than one extension page, a
further stamp shall be placed in like manner across each page and the preceding page.
10. Import licences and extracts issued, and entries and endorsements made, by the
authorities of one Member State shall have the same legal effect in each of the other
Member States as documents issued, and entries and endorsements made, by theauthorities of such Member States.
11. The competent authorities of the Member States concerned may, where
indispensable, require the contents of licences or extracts to be translated into theofficial language or one of the official languages of that Member State.!
B1997S2136 — EN — 01.04.2000 — 003.001 — 15
Appendix 1 to Annex II
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!B1997S2136 — EN — 01.04.2000 — 003.001 — 17
Appendix 2 to Annex II
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LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
∆ΙΕΥΘΥΝΣΕΙΣΤΩΝΑΡ3KhiΩΝΕΚ∆3OmikronΣΗΣΑ∆ΕΙΩΝΤΩΝΚΡΑΤΩΝΜΕΛΩΝ
LIST OF THE COMPETENT NATIONAL AUTHORITIES
LISTE DES AUTORITÉS NATIONALES COMPÉTENTES
ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI
LIJST V AN BEVOEGDE NATIONALE INSTANTIES
LISTA DAS AUTORIDADES NACIONAIS COMPETENTES
LUETTELO TOIMIV ALTAISISTA KANSALLISISTA VIRANOMAISISTA
LISTA ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER
BELGIQUE — BELGIË
Administration des relations économiques
Quatrième division: Mise en œuvre des politiques commerciales internationales —Services ‘Licences’Rue Général Leman 60B-1040 BruxellesTélécopieur: (32-2) 230 83 22
Bestuur van de Economische Betrekkingen
Vierde Afdeling: Toepassing van het Internationaal Handelsbeleid — DienstVergunningenGeneraal Lemanstraat 60
B-1040 Brussel
Fax: (32-2) 230 83 22
DANMARK
Erhvervsfremme StyrelsenSøndergade 25DK-8600 SilkeborgFax (45) 87 20 40 77
DEUTSCHLAND
Bundesamt für Wirtschaft, Dienst 01Postfach 51 71D-65762 Eschborn 1Fax: (49) 6196 40 42 12
ΕΛΛΑ∆Α
Υπ3omikronυργεί3omikron Εθνικής 3Omikronικ3omikronν3omikronµίας
Γενική Γραµµατεία ∆3OmikronΣ
∆ιεύθυνση∆ιαδικασιών Ε3ksiωτερικ3omikronύ Εµπ3omikronρί3omikronυΚ3omikronρνάρ3omikronυ 1GR-105 63 Αθήνα
Φα3ksi: (301) 328 60 29/328 60 59/328 60 39
ESPAÑA
Ministerio de Economía y Hacienda
Dirección General de Comercio ExteriorPaseo de la Castellana, 162E-28046 MadridFax: (34-1) 563 18 23/349 38 31
FRANCE
Setice
8, rue de la Tour des Dames
F-75436 Paris Cedex 09Télécopieur: (33-1) 44 63 26 59
IRELAND
Licensing UnitDepartment of Tourism and Trade
Kildare Street
IRL-Dublin 2Fax: (353-1) 676 61 54!
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ITALIA
Ministero del Commercio con l’esteroDirezione generale per la politica commerciale e per la gestione del regime degli scambiViale America 341I-00144 RomaTelefax: (39-6) 59 93 22 35/59 93 26 36
LUXEMBOURG
Ministère des affaires étrangèresOffice des licences
Boîte postale 113
L-2011 LuxembourgTélécopieur: (352) 46 61 38
NEDERLAND
Centrale Dienst voor In- en UitvoerPostbus 30003Engelse Kamp 2NL-9700 RD GroningenFax: (31-50) 526 06 98
ÖSTERREICH
Bundesministerium für wirtschaftliche AngelegenheitenAußenwirtschaftsadministrationLandstrasser Hauptstraße 55-57
A-1030 Wien
Fax: (43-1) 715 83 47
PORTUGAL
Direcção-Geral do Comércio Externo
Avenida da República, 79P-1000 LisboaTelefax: (351-1) 793 22 10
SUOMI
TullihallitusPL 512FIN-00101 HelsinkiTelekopio: +358-0 614 2852
SVERIGE
KommerskollegiumBox 6803S-113 86 Stockholm
Fax: (46-8) 30 67 59
UNITED KINGDOM
Department of Trade and Industry
Import Licensing Branch
Queensway House, West PrecinctBillingham TS23 2NFClevelandFax: (44) 1642 533 557!
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ANNEX III
ADMINISTRATIVE COOPERATION
Article 1
The Commission shall supply the Member States’ authorities with the names and
addresses of authorities in Russia competent to issue certificates of origin and exportlicences together with specimens of the stamps used by these authorities.
Article 2
For the steel products subject to a double-checking system Member States shall notify
the Commission within the first ten days of each month of the total quantities, in theappropriate units and by country of origin and group of products, for which importauthorizations have been issued during the preceding month.
Article 3
1. Subsequent verification of certificates of origin or export licences shall be carried
out at random, or whenever the competent authorities of the Community havereasonable doubt as to the authenticity of the certificate of origin or export licence or asto the accuracy of the information regarding the true origin of the products in question.
In such cases the competent authorities of the Community shall return the certificate of
origin or the export licence or a copy thereof to the competent Russian governmentalauthority, giving, where appropriate, the reasons of form or substance for an enquiry. Ifthe invoice has been submitted, such invoice or a copy thereof shall be attached to thecertificate of origin or export licence or copy thereof. The competent authorities shall
also forward any information that has been offered suggesting that the particulars given
on the said certificate or the said licence are inaccurate.
2. The provisions of paragraph 1 shall also apply to subsequent verifications of
declarations of origin.
3. The results of the subsequent verifications carried out in accordance with
paragraph 1 shall be communicated to the competent authorities of the Communitywithin three months at the latest. The information communicated shall indicate whetherthe disputed certificate, licence or declaration applies to the goods actually exported andwhether the goods are eligible for export to the Community under this Decision. Thecompetent authorities of the Community may also request copies of all documentation
necessary to determine the facts fully, including, in particular, the origin of the
goods (
1).
4. Should such verifications reveal abuse or major irregularities in the use of
declarations of origin, the Member State concerned shall inform the Commission of thisfact. The Commission shall pass the information on to the other Member States.
At the request of a Member State or on the initiative of the Commission, the Customs
Code Committee shall, as soon as possible and in accordance with the procedurespecified in Article 249 of Council Regulation (EEC) No 2913/92 (
2), examine whether
it is desirable to require the production of a certificate of origin in respect of theproducts and the exporting country concerned.
The decision shall be taken in accordance with the procedure laid down in Article 14 of
Council Regulation (EEC) No 802/68 (
3).
5. Random recourse to the procedure specified in this Article shall not constitute an
obstacle to the release for free circulation of the products in question.
Article 4
1. Where the verification procedure referred to in Article 2 or where information
available to the competent authorities of the Community indicates that the provisions ofthis Decision are being contravened, the said authorities shall request Russia to carry outappropriate enquiries or arrange for such enquiries to be carried out concerning
operations which are or appear to be in contravention of the provisions of this Decision.
The results of these enquiries shall be communicated to the competent authorities of theCommunity together with any other pertinent information enabling the true origin of thegoods to be determined.!
B
(1) For the purpose of subsequent verification of certificates of origin, copies of the
certificates as well as any export documents referring to them shall be kept for at
least two years by the competent governmental authority in each exporting country.
(2) OJ L 302, 19. 10. 1992, p. 1.
(3) OJ L 148, 28. 6. 1968, p. 1.1997S2136 — EN — 01.04.2000 — 003.001 — 24
2. In pursuance of the action taken under the terms of this Annex, the competent
authorities of the Community may exchange any information with the competentgovernmental authorities of Russia which is considered to be of use in preventing thecontravention of the provisions of this Decision.
3. Where it is established that the provisions of this Decision have been contravened,
the Commission, acting in accordance with the procedure laid down in Article 7 of theDecision, may take, with the agreement of Russia, such measures as are necessary toprevent recurrence of such contravention.
Article 5
The Commission shall coordinate the action undertaken by the competent authorities of
the Member States under the provisions of this Annex. The competent authorities of the
Member States shall inform the Commission and the other Member States of actionwhich they have undertaken and the results obtained.!
B1997S2136 — EN — 01.04.2000 — 003.001 — 25
ANNEX IV
QUANTITATIVE LIMITS
Russian Federation
Products 1997 1998 1999 2000 2001
SA. Flat products
SA1. Coils 207 487 204 861 220 000 (1)"M3201 423 3 234 613
SA1a. Hot-rolled coils for re-rolling 430 000 430 000 440 750 "M3397 557 3 463 063
SA2. Heavy plate 31 115 42 671 36 796 (2)"M330 2063 35 183
SA3. Other flat products 28 265 32 678 30 420 "M327 4383 31 960
SB. Long products
SB1. Beams 12 000 11 718 12 011 (3)"M311 6493 13 569
SB2. Wire rod 28 000 27 342 28 026 (4)"M327 1823 31 661
SB3. Other long products 104 357 112 515 115 327 (5)"M3101 307 3 118 000
(1)This figure has been reduced by 3 308 tonnes.
(2)This figure has been increased by 3 308 tonnes.
(3)This figure has been reduced by 904 tonnes.
(4)This figure has been reduced by 2 109 tonnes.
(5)This figure has been increased by 3 013 tonnes.!M21997S2136 — EN — 01.04.2000 — 003.001 — 26