DECISION No 2/96 OF THE ASSOCIATION COUNCIL between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part of 4 April 1996 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community (96/343/ECSC)

THE ASSOCIATION COUNCIL,

Whereas the Contact Group referred to in Article 10 of Protocol 2 of the Europe Agreement establishing as Association Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (1), which entered into force on 1 February 1995, met on 25 and 26 September 1995 to discuss trends in imports of ECSC products from the Czech Republic into the Community and recognized the need to find appropriate solutions in the framework of Article 34 (2) of the Agreement in order to ensure that the attainment of the objectives of the Agreement will not be jeopardized;

Whereas, in view of the need for both parties to have rapid information on the trend of trade flows in order to increase transparency and to avoid possible diversions of trade, the Contact Group decided to refer the matter to the Association Council established under Article 104 of the Agreement;

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

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

HAS DECIDED AS FOLLOWS:

Article 1

1. For the period 1 January to 31 December 1996, the imports into the Community of the products listed in Annex I originating in the Czech Republic shall be subject to the presentation of an import document conforming to 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 the Czech Republic shall, in addition, be subject to the issue of an export document by the competent Czech 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 were shipped.

4. An export document will not be required for goods already shipped to the Community before 1 January 1996, provided that the destination of such products is not changed and that those products which may be imported only on presentation 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 into the exporting means of transport.

6. 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.

7. The Czech Republic shall notify the Commission of the European Communities of the names and addresses of the appropriate Czech governmental authorities which are authorized to issue and to verify export documents together with specimens of the stamps and signatures they use. The Czech Republic shall also notify the Commission of any change in these particulars.

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

Article 2

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

2. The Community undertakes to supply the Czech 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 Czech 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 the 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 the Czech Republic, to the Mission of the Czech Republic to the European Communities; and the Ministry of Industry and Trade of the Czech Republic.

Article 5

This Decision shall be binding on both the Community and the Czech Republic 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, 4 April 1996.

For the Association Council

The President

J. ZIELENIEC

(1) OJ No L 360, 31. 12. 1994, p. 12.

ANNEX I

CZECH REPUBLIC

List of products subject to double-checking (1996)

Heavy plates

(excluding ex-CN codes)

7208 40 10

7208 51 30

7208 51 50

7208 51 91

7208 51 99

7208 52 91

7208 52 99

7208 54 10

7208 90 10

7208 90 90

Cold-rolled sheet

7209 15 00

7209 16 90

7209 17 90

7209 18 91

7209 18 99

7209 25 00

7209 26 90

7209 27 90

7209 28 90

7211 23 10

7211 23 51

7211 29 20

Hot-rolled strip and hoop

7211 14 10

7211 14 90

7211 19 20

7211 19 90

7212 60 91

7220 11 00

7220 12 00

7220 90 31

7226 19 10

7226 20 20

7226 91 10

7226 91 90

7226 99 20

Wire rod

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

7221 00 10

7221 00 90

7227 10 00

7227 20 00

7227 90 10

7227 90 50

7227 90 95

Hematite pig iron

7201 10 19

Beams and sections

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

Seamless tubes

Complete CN heading 7304

Welded tubes

Complete CN heading 7306

ANNEX II

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ANNEX III

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ANNEX IV

CZECH REPUBLIC

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: CZ,

- 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 far as possible, be issued in respect of individual commercial transactions, not global contracts.

5. The Czech Republic 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.