EN Official Journal of the European Union L 360/1

COUNCIL REGULATION (EC) No 1870/2006

of 11 December 2006

on trade in certain steel products between the Community and the Republic of Kazakhstan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 17(1) of the Partnership and Cooperation Agreement between the European Communities and their Member States, and the Republic of Kazakhstan (1) provides that trade in certain steel products are to be subject to a specific Agreement on quantitative arrangements.

(2) The current Agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products (2), concluded on 19 July 2005, will expire on 31 December 2006.

(3) Preliminary discussions between the Parties indicate that both of them intend to conclude a new Agreement for 2007 and subsequent years.

(4) Pending the signature and entry into force of the new Agreement, quantitative limits for 2007 should be established.

(5) Given that the conditions that led to the fixing of the quantitative limits for 2006 remain in place, it is appropriate to set the quantitative limits for 2007 at the same level as for 2006.

(6) It is necessary to provide the means to administer this regime within the Community in such a way as to facilitate the implementation of the new Agreement by envisaging as much as possible similar provisions.

(7) It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end.

(8) 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 for the products in question.

(9) The effective application of this Regulation calls for the introduction of a requirement for a Community import licence for the entry into free circulation in the Community of the products in question.

(10) In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States do not issue import licences before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question,

HAS ADOPTED THIS REGULATION:

Article 1

1. This Regulation shall apply from 1 January 2007 to 31 December 2007 to imports into the Community of steel products listed in Annex I originating in the Republic of Kazakhstan.

2. The steel products shall be classified 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) established by Council Regulation (EEC) No 2658/87 (3).

4. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.

Article 2

1. The importation into the Community of the steel products listed in Annex I originating in the Republic of Kazakhstan shall be subject to the quantitative limits laid down in Annex V. The release for free circulation in the Community of the products set out in Annex I originating in the Republic of Kazakhstan shall be subject to the presentation of a certificate of origin, set out in Annex II, and of an import licence issued by the Member States' authorities in accordance with the provisions of Article 4.

2. In order to ensure that quantities for which import licences are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities listed in Annex IV shall issue import licences only upon confirmation by the Commission that there are still quantities available 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. The authorised imports shall be counted against the relevant quantitative limit set out in Annex V. 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

1. The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing 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 be counted against the relevant quantitative limit set out in Annex V.

Article 4

1. For the purpose of applying Article 2(2), before issuing import licences, the competent authorities of the Member States listed in Annex IV shall notify the Commission of the amounts of the requests for import licences, supported by original export licences, which they have received. By return, the Commission shall notify whether the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States are received (‘first come, first served 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 product code concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.

3. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each group of products.

4. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import licence. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.

5. The notifications referred to in paragraphs 1 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless, for imperative technical reasons, it is necessary to use other means of communication temporarily.

6. The import licences or equivalent documents shall be issued in accordance with Articles 12 to 16.

7. The competent authorities of the Member States shall notify the Commission of any cancellation of import licences or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities of the Republic of Kazakhstan. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of the Republic of Kazakhstan of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the relevant quantitative limit set out in Annex V.

Article 5

1. Where the Commission has indications that products listed in Annex I originating in the Republic of Kazakhstan have been transhipped, rerouted or otherwise imported into the Community through circumvention of the quantitative limits referred to in Article 2 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 the necessary adjustment of the corresponding quantitative limits to be made.

2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the Republic of Kazakhstan to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out.

3. Should the Community and the Republic of Kazakhstan fail to arrive at a satisfactory solution and should the Commission note that there is clear evidence of circumvention, the Commission shall deduct from the quantitative limits an equivalent volume of products originating in the Republic of Kazakhstan.

Article 6

1. An export licence (to be issued by the competent authorities of the Republic of Kazakhstan) shall be required in respect of any consignment of steel products subject to the quantitative limits laid down in Annex V up 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 licence referred to in Article 12.

Article 7

1. The export licence for quantitative limits shall conform to the specimen set out in Annex II 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 8

Exports shall be set off against the relevant quantitative limits set out in Annex V and shipped within the meaning of Article 2(3).

Article 9

1. The export licence referred to in Article 6 may include additional copies duly indicated as such. The export licence and the copies thereof, as well as the certificate of origin and the copies, thereof, shall be drawn up in English.

2. If the documents referred to in paragraph 1 are completed by hand, entries must be in ink and in block letters.

3. The export licences or equivalent documents shall measure 210 × 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. 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 Regulation.

5. Each export licence or equivalent document shall bear a standardised serial number, whether or not printed, by which it can be identified.

6. The serial number shall be composed of the following elements:

— two letters identifying the exporting country as follows: KZ = Republic of Kazakhstan

— two letters identifying the Member State of intended destination as follows: BE = Belgium BG = Bulgaria CZ = Czech Republic DK = Denmark DE = Germany EE = Estonia EL = Greece ES = Spain FR = France IE = Ireland IT = Italy CY = Cyprus LV = Latvia LT = Lithuania LU = Luxembourg HU = Hungary MT = Malta NL = Netherlands AT = Austria PL = Poland PT = Portugal RO = Romania SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom,

— a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘7’ for 2007,

— a two-digit number identifying the issuing office in the exporting country,

— a five-digit number running consecutively from 00 001 to 99 999 allocated to the specific Member State of destination.

Article 10

The export licence may be issued after the shipment of the products to which it relates. In such cases it shall bear the endorsement ‘issued retrospectively’.

Article 11

In the event of the theft, loss or destruction of an export licence, 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 his possession.

The duplicate licence issued in this way shall bear the endorsement ‘duplicate’. It shall bear the date of the original licence.

Article 12

1. To the extent that the Commission, pursuant to Article 4, has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import licence within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Import licences 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, has confirmed that the amount requested is available within the quantitative limit in question.

2. The import licences shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding four months.

3. Import licences shall be drawn up in the form set out in Annex III 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 licence 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 TARIC code(s);

(d) the country of origin of the goods;

(e) the country of consignment;

(f) the appropriate product group and the quantity for the products in question;

(g) the net weight by TARIC heading;

(h) the c.i.f. value of the products at Community frontier by TARIC heading;

(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 licence in a single consignment.

Article 13

The validity of import licences issued by the authorities of the Member States shall be subject to the validity of export licences and the quantities indicated in the export licences issued by the competent authorities of the Republic of Kazakhstan on the basis of which the import licences have been issued.

Article 14

Import licences 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 his establishment may be in the Community, without prejudice to compliance with other conditions required under the current rules.

Article 15

1. If the Commission finds that the total quantities covered by export licences issued by the Republic of Kazakhstan for a particular product group exceed the quantitative limit established for that product group, the competent licence authorities in the Member States shall be informed immediately in order to suspend the further issue of import licences. In this event, consultations shall be initiated forthwith by the Commission.

2. The competent authorities of a Member State shall refuse to issue import licences for products originating in the Republic of Kazakhstan which are not covered by export licenses issued in accordance with the provisions of Articles 6 to 11.

Article 16

1. The forms to be used by the competent authorities of the Member States for issuing the import licences referred to in Article 12 shall conform to the specimen of the import licence set out in Annex III.

2. Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder's copy’ and bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept by the 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/m2. 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 falsification by 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 on each form. Each form shall bear an identification of the printer's name and address or a mark 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 import licence number shall be notified to the Commission electronically within the integrated network 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 figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.

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, or by 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 matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall place their stamp in such a way 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 the authorities 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 the official language or one or the official languages of that Member State.

Article 17

As regards release for free circulation in Bulgaria and Romania as of 1 January 2007 of the steel products covered by this Regulation, an import licence shall be required, even if the steel products have been shipped before that date. If the steel products are shipped to Bulgaria or Romania before 1 January 2007, the import licence shall be granted automatically without quantitative limitations on presentation of the bill of lading or another transport document deemed to be equivalent by the Community licensing offices proving the shipment date and after approval from the Commission's office responsible for the management of licences (SIGL). If the steel products are shipped to Bulgaria or Romania on 1 January or after that date, they shall be subject to the specific rules governing quantitative limits as defined in this Regulation.

Article 18

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. By derogation, Article 17 shall enter into force on the date of entry into force of the Treaty of Accession of Bulgaria and Romania to the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 December 2006. For the Council The President E. TUOMIOJA

(1) OJ L 196, 28.7.1999, p. 3.

(2) OJ L 232, 8.9.2005, p. 64.

(3) OJ L 256, 7.9.1987, p. 1. Regulation as amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

ANNEX I

SA Flat-rolled products

SA1. Coils

7208100000

7208250000

7208260000

7208270000

7208360000

7208370010

7208370090

7208380010

7208380090

7208390010

7208390090

7211140010

7211190010

7219110000

7219121000

7219129000

7219131000

7219139000

7219141000

7219149000

7225301000

7225303010

7225309000

7225401510

7225502010

SA2. Heavy Plate

7208400010

7208512010

7208512091

7208512093

7208512097

7208512098

7208519100

7208519810

7208519891

7208519899

7208529100

7208521000

7208529900

7208531000

7211130000

SA3. Other flat rolled products

7208400090

7208539000

7208540000

7208908010

7209150000

7209161000

7209169000

7209171000

7209179000

7209181000

7209189100

7209189900

7209250000

7209261000

7209269000

7209271000

7209279000

7209281000

7209289000

7209908010

7210110010

7210122010

7210128010

7210200010

7210300010

7210410010

7210490010

7210500010

7210610010

7210690010

7210701010

7210708010

7210903010

7210904010

7210908091

7211140090

7211190090

7211232010

7211233010

7211233091

7211238010

7211238091

7211290010

7211908010

7212101000

7212109011

7212200011

7212300011

7212402010

7212402091

7212408011

7212502011

7212503011

7212504011

7212506111

7212506911

7212509013

7212600011

7212600091

7219211000

7219219000

7219221000

7219229000

7219230000

7219240000

7219310000

7219321000

7219329000

7219331000

7219339000

7219341000

7219349000

7219351000

7219359000

7225401290

7225409000

ANNEX II

ANNEX III

ANNEX IV

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES

SEZNAM PŘÍSLUŠNÝCH VNITROSTÁTNÍCH ORGÁNŮ

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER

LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN

PÄDEVATE RIIKLIKE ASUTUSTE NIMEKIRI

ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ

LIST OF THE COMPETENT NATIONAL AUTHORITIES

LISTE DES AUTORITÉS NATIONALES COMPÉTENTES

ELENCO DELLE COMPETENTI AUTORITA NAZIONALI

VALSTU KOMPETENTO IESTĀŽU SARAKSTS

ATSAKINGŲ NACIONALINIŲ INSTITUCIJŲ SĄRAŠAS

AZ ILLETÉKES NEMZETI HATÓSÁGOK LISTÁJA

LISTA TA' L-AWTORITAJIET KOMPETENTI NAZZJONALI

LIJST VAN BEVOEGDE NATIONALE INSTANTIES

LISTA WŁAŚCIWYCH ORGANÓW KRAJOWYCH

LISTA DAS AUTORIDADES NACIONAIS COMPETENTES

ZOZNAM PRÍSLUŠNÝCH ŠTÁTNYCH ORGÁNOV

SEZNAM PRISTOJNIH NACIONALNIH ORGANOV

LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA

FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER

BELGIQUE/BELGIË Service public fédéral économie, PME, classes moyennes & énergie Administration du potentiel économique Service licences Rue de Louvain 44 B-1000 Bruxelles Fax (32-2) 548 65 70 Federale Overheidsdienst Economie, kmo, Middenstand en Energie Bestuur Economisch Potentieel Dienst Vergunningen Leuvenseweg 44 B-1000 Brussel Fax (32-2) 548 65 70

БЪЛГАРИЯ Министерство на икономиката и енергетиката Дирекция ‘Регистриране, лицензиране и контрол’ ул. ‘Славянска’ № 8 1052 София Факс: +35929815041 (Fax) +35929804710 +35929883654

ČESKÁ REPUBLIKA Ministerstvo průmyslu a obchodu Licenční správa Na Františku 32 CZ-110 15 Praha 1 Fax: (420) 224 21 21 33

DANMARK Erhvervs- og Byggestyrelsen Økonomi- og Erhvervsministeriet Langelinie Allé 17 DK-2100 København Ø Fax (45) 35 46 60 29

DEUTSCHLAND Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) — Referat 421 Frankfurter Straße 29—35 D-65760 Eschborn Fax (49-6196) 90 88 00

EESTI Majandus- ja Kommunikatsiooniministeerium Harju 11 EE-15072 Tallinn Faks: (+372) 631 3660

ΕΛΛΑΔΑ Υπουργείο Οικονομίας & Οικονομικών Γενική Διεύθυνση Διεθνούς Οικονομικής Πολιτικής Διεύθυνση Καθεστώτων Εισαγωγών-Εξαγωγών, Εμπορικής Άμυνας Κορνάρου 1 GR-105 63 Αθήνα Φαξ (30) 210-328 60 94

ESPAÑA Ministerio de Industria, Turismo y Comercio Secretaría General de Comercio Exterior Subdirección General de Comercio Exterior de Productos Industriales Paseo de la Castellana, 162 E-28046 Madrid Fax (34) 913 49 38 31

FRANCE Ministère de l'économie, des finances et de l'industrie Direction générale des entreprises Sous-direction des biens de consommation Bureau textile-importations Le Bervil, 12 rue Villiot F-75572 Paris Cedex 12 Fax (33-1) 53 44 91 81

IRELAND Department of Enterprise, Trade and Employment Import/Export Licensing, Block C Earlsfort Centre Hatch Street Dublin 2 Ireland Fax (353-1) 631 25 62

ITALIA Ministero delle Attività produttive Direzione generale per la politica commerciale e per la gestione del regime degli scambi Viale America 341 I-00144 Roma Fax (39-06) 59 93 22 35/59 93 26 36

KYΠPOΣ Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού Υπηρεσία Εμπορίου Μονάδα Έκδοσης Αδειών Εισαγωγής/Εξαγωγής Οδός Ανδρέα Αραούζου αρ. 6 CY-1421 Λευκωσία Φαξ (357) 22-37 51 20

LATVIJA Latvijas Republikas Ekonomikas ministrija Brīvības iela 55 LV-1519 Rīga Fax: + 371-728 08 82

LIETUVA Lietuvos Respublikos ūkio ministerija Prekybos departamentas Gedimino pr. 38/2 LT-01104 Vilnius Faksas (370-5) 262 39 74

LUXEMBOURG Ministère de l'économie et du commerce extérieur Office des licences BP 113 L-2011 Luxembourg Fax (352) 46 61 38

MAGYARORSZÁG Magyar Kereskedelmi Engedélyezési Hivatal Margit krt. 85. HU-1024 Budapest Fax: + 36-1-336 73 02

MALTA Servizzi ta' Kummerċ Diviżjoni għall-Kummerċ Lascaris MT-Valletta CMR02 Fax: + 356-21-23 19 19

NEDERLAND Belastingdienst/Douane centrale dienst voor in- en uitvoer Postbus 30003, Engelse Kamp 2 9700 RD Groningen Nederland Fax (31-50) 523 22 10

ÖSTERREICH Bundesministerium für Wirtschaft und Arbeit Außenwirtschaftsadministration Abteilung C2/2 Stubenring 1 A-1011 Wien Fax (43-1) 7 11 00-83 86

POLSKA Ministerstwo Gospodarki Plac Trzech Krzyży 3/5 PL-00-507 Warszawa Faks: (48-22) 693 40 21/693 40 22

PORTUGAL Ministério das Finanças Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo Rua Terreiro do Trigo, Edifício da Alfândega de Lisboa PT-1140-060 Lisboa Fax: (351) 21 881 42 61

ROMÂNIA Ministerul Economiei și Comerțului Direcția Generală Politici Comerciale Str. Ion Câmpineanu, nr. 16 București, sect. 1 Cod poștal 010036 Tel.: 0040.21.315.00.81 Fax: 0040.21.315.04.54 e-mail: clc@dce.gov.ro

SLOVENIJA Ministrstvo za finance Carinska uprava Republike Slovenije Carinski urad Jesenice Center za TARIC in kvote Spodnji Plavž 6c SI-4270 Jesenice Faks: (386-4) 297 44 72

SLOVENSKÁ REPUBLIKA Ministerstvo hospodárstva SR Odbor licencií Mierová 19 827 15 Bratislava 212 Slovenská republika Fax: (421-2) 43 42 39 19

SUOMI/FINLAND Tullihallitus PL 512 FI-00101 Helsinki Faksi (358-20) 492 28 52 Tullstyrelsen PB 512 FI-00101 Helsingfors Fax (358-20) 492 28 52

SVERIGE Kommerskollegium Box 6803 S-113 86 Stockholm Fax (46-8) 30 67 59

UNITED KINGDOM Department of Trade and Industry Import Licensing Branch Queensway House — West Precinct Billingham TS23 2NF United Kingdom Fax (44-1642) 36 42 69

ANNEX V

QUANTITATIVE LIMITS