DECISION No 3/95 OF THE ASSOCIATION COUNCIL,

association between the European Communities and their Member States, of the one part, and Romania, of the other part

of 19 December 1995

concerning the export of certain ECSC steel products from Romania to the Community

(95/574/ECSC)

THE ASSOCIATION COUNCIL,

Whereas the Contact Group referred to in Article 11 of Protocol 2 of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, which entered into force on 1 February 1995 (1), met on 17 and 18 October 1995 to discuss trends in imports of ECSC products from Romania into the Community and recognized the need for an administrative procedure, having as its purpose the rapid provision of information on the trend of trade flows, in order to ensure that the attainment of the objectives of the Agreement will not be jeopardized;

Whereas such an administrative procedure would help to increase transparency and avoid possible diversions of trade;

Whereas the Contact Group therefore agreed to recommend to the Association Council established under Article 106 of the Agreement that the double-checking system introduced in 1995 by Association Council Decision No 2/95 (2) should be renewed for the period between 1 January and 31 December 1996;

Whereas the Parties are desirous to promote the orderly and equitable development of trade in steel between the Community and Romania;

Whereas the Association Council, having been supplied with all relevant information, has determined that the solution acceptable to the two Parties which least disturbs the functioning of the Agreement is the renewal of a double-checking system, without quantitative limits, for the import into the Community of certain steel products covered by the ECSC Treaty between 1 January and 31 December 1996,

HAS DECIDED AS FOLLOWS:

Article 1

1. For the period 1 January to 31 December 1996, imports into the Community of the products listed in Annex I originating in Romania shall be subject to the presentation of an import document conforming the model shown at Annex II issued by the authorities in the Community.

2. The classification of the products covered by this Decision 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 Decision shall be determined in accordance with the rules in force in the Community.

3. For the period 1 January to 31 December 1996, imports into the Community of the iron and steel products listed in Annex I and which originate in Romania shall, in addition, be subject to the issue of an export document by the competent Romanian authorities. 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 where shipped. Shipment is considered to have taken place on the date of loading onto the exporting means of transport.

4. The export document shall conform to the model shown in Annex III. It shall be valid for exports throughout the customs territory of the Community.

5. Romania shall notify the Commission of the European Community of the names and addresses of the appropriate Romanian governmental authorities which are authorized to issue and to verify export documents together with specimens of the stamps and signatures they use. Romania shall also notify the Commission of any change in these particulars.

6. Certain technical provisions on the implementation of the double-checking system are set out in Annex IV.

Article 2

1. Romania undertakes to supply the Community with precise statistical information on the export documents issued by the Romanian authorities pursuant to Article 1. Such information shall be transmitted to the Community by the end of the month following the month to which the statistics relate.

2. The Community undertakes to supply the Romanian authorities with precise statistical information on import documents issued by Member States in respect of the products listed in Annex I. Such information shall be transmitted to the Romanian authorities by the end of the month following the month to which the statistics relate.

Article 3

If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the operation of this Decision. Such consultations shall be held promptly. Any consultations held under this Article shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.

Article 4

Any notices to be given hereunder shall be given:

- in respect of the Community, to the Commission of the European Communities (DG I.D.2 and DG III.C.2),

- in respect of Romania, to the Romanian Mission to the European Communities; and the Ministry of Trade of Romania.

Article 5

This Decision shall be binding on both the Community and Romania which shall take the measures necessary to implement it.

Article 6

This Decision shall enter into force on the date of signature.

It shall apply with effect from 1 January 1996.

Done at Brussels, 19 December 1995.

For the Association Council

The President

L. ATIENZA SERNA

(1) OJ No L 357, 31. 12. 1994, p. 12.

(2) OJ No L 304, 16. 12. 1995, p. 40.

ANNEX I

ROMANIA List of products subject to double-checking (1996)

7202 11 20

7202 11 80

7202 99 11

7203 90 00

7206 10 00

7206 90 00

7208 10 00

7208 25 00

7208 26 00

7208 27 00

7208 36 00

7208 37 10

7208 37 90

7208 38 10

7208 38 90

7208 39 10

7208 39 90

7208 40 10

7208 40 90

7208 51 10

7208 51 30

7208 51 50

7208 51 91

7208 51 99

7208 52 10

7208 52 91

7208 52 99

7208 53 10

7208 53 90

7208 54 10

7208 54 90

7208 90 10

7209 15 00

7209 16 10

7209 16 90

7209 17 10

7209 17 90

7209 18 10

7209 18 91

7209 18 99

7209 25 00

7209 26 10

7209 26 90

7209 27 10

7209 27 90

7209 28 10

7209 28 90

7209 90 10

7210 11 10

7210 12 11

7210 12 19

7210 20 10

7210 30 10

7210 41 10

7210 49 10

7210 50 10

7210 61 10

7210 69 10

7210 70 31

7210 70 39

7210 90 31

7210 90 33

7210 90 38

7211 13 00

7211 14 10

7211 14 90

7211 19 20

7211 19 90

7211 23 10

7211 23 51

7211 29 20

7211 90 11

7212 10 10

7212 10 91

7212 20 11

7212 30 11

7212 40 10

7212 40 91

7212 50 31

7212 50 51

7212 60 11

7212 60 91

7213 10 00

7213 20 00

7213 91 10

7213 91 20

7213 91 41

7213 91 49

7213 91 70

7213 91 90

7213 99 10

7213 99 90

7214 20 00

7214 30 00

7214 91 10

7214 91 90

7214 99 10

7214 99 31

7214 99 39

7214 99 50

7214 99 61

7214 99 69

7214 99 80

7214 99 90

7215 90 10

7216 10 00

7216 21 00

7216 22 00

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

7216 33 10

7216 33 90

7216 40 10

7216 40 90

7216 50 10

7216 50 91

7216 50 99

7216 99 10

7219 11 00

7219 12 10

7219 12 90

7219 13 10

7219 13 90

7219 14 10

7219 14 90

7219 21 10

7219 21 90

7219 22 10

7219 22 90

7219 23 00

7219 24 00

7219 31 00

7219 32 10

7219 32 90

7219 33 10

7219 33 90

7219 34 10

7219 34 90

7219 35 10

7219 35 90

7219 90 10

7220 11 00

7220 12 00

7220 20 10

7220 90 11

7220 90 31

7221 00 10

7221 00 90

7222 11 11

7222 11 19

7222 11 21

7222 11 29

7222 11 91

7222 11 99

7222 19 10

7222 19 90

7222 30 10

7222 40 10

7222 40 30

7225 11 00

7225 19 10

7225 19 90

7225 20 20

7225 30 00

7225 40 20

7225 40 50

7225 40 80

7225 50 00

7225 91 10

7225 92 10

7225 99 10

7226 11 10

7226 19 10

7226 19 30

7226 20 20

7226 91 10

7226 91 90

7226 92 10

7226 93 20

7226 94 20

7226 99 20

7227 10 00

7227 20 00

7227 90 10

7227 90 50

7227 90 95

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 20

7228 30 41

7228 30 49

7228 30 61

7228 30 69

7228 30 70

7228 30 89

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

7301 10 00

ANNEX II

>REFERENCE TO A FILM>

ANNEX III

>REFERENCE TO A FILM>

ANNEX IV

ROMANIA TECHNICAL ANNEX ON THE DOUBLE-CHECKING SYSTEM

1. The export documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script. These documents may comprise additional copies duly indicated as such. If the documents have several copies only the top copy is the original. This copy shall be clearly marked as 'original' and other copies as 'copies'. Only the original shall be accepted by the competent authorities of the Community as being valid for the control of export to the Community in accordance with the provisions of the double-checking system.

2. Each document shall bear a standardized serial number, whether or not printed, by which it can be identified. This number shall be composed of the following elements:

- two letters identifying the exporting country as follows: RO,

- two letters identifying the intended Member State of customs clearance as follows:

BE = Belgium

DK = Denmark

DE = Germany

EL = Greece

ES = Spain

FR = France

IE = Ireland

IT = Italy

LU = Luxembourg

NL = Netherlands

AT = Austria

PT = Portugal

FI = Finland

SE = Sweden

GB = United Kingdom

- a one-digit number identifying the year, corresponding to the last figure in the respective year, e. g. 6 for 1996,

- a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country,

- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

3. The export documents shall be valid for four months from the date of their issue. Export documents may be renewed or prolonged.

4. Since the importer needs to present the original export document when requesting an import document, export documents should, as fas as possible, be issued in respect of individual commercial transactions, not global contracts.

5. Romania need not show price information on the export document if there is a genuine need to protect commercial confidentiality. In such cases, box 9 of the export document should indicate the reason for not showing the price information and that it is available to the competent authorities of the Community on request.

6. Export documents may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement 'issued retrospectively'.

7. In the event of a theft, loss or destruction of an export document, the exporter may apply to the competent governmental authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such document so issued shall bear the endorsement 'duplicate'. The duplicate shall bear the date of the original export document.

8. The competent authorities of the Community shall be informed immediately of the withdrawal or modification of any export documents already issued and, where relevant, of the basis for such action.