Proposal for a COUNCIL DECISION on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the export of certain steel products from Romania to the European Communities

(presented by the Commission)

EXPLANATORY MEMORANDUM

The aim of the double-checking system is to improve transparency and to avoid possible diversions of trade. It is founded on the provision in the EC-Romania Europe Agreement [1] which allows either Party to introduce an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows. In 1996 the Parties agreed to establish such a system in respect of Romanian exports of certain steel products to the Community.

[1] OJ No L 357, 31.12.1994, p. 12.

This double-checking system was extended by common agreement every year up to 2001 for a period between 1 January and 31 December of the year in question. It expired on 31 December 2001.

At its meeting on 22 January 2002, the bilateral Contact Group agreed to recommend that the Association Council should re-introduce the double-checking system in 2002.

The annexed proposal is intended to define the position to be adopted by the Community within the EU-Romania Association Council with a view to re-introducing the double-checking system for the period 1 July to 31 December 2002.

2002/0084 (ACC)

Proposal for a COUNCIL DECISION on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the export of certain steel products from Romania to the European Communities

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 proposal from the Commission,

Having regard to the Decision of the Council and the Commission of 19 December 1994 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, and in particular Article 2(1) thereof, [2]

[2] OJ No L 357, 31.12.1994, p. 1.

Whereas:

(1) The Contact Group referred to in Article 11 of Protocol 2 of the Europe Agreement 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, [3] met on 22 January 2002 to discuss trends in imports of steel products from Romania into the Community and, in the context of Article 34(2) of that Agreement, recognised 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 jeopardised.

[3] OJ No L 357, 31.12.94, p.2.

(2) 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 1996 by Decision No 3/95 [4] of the Association Council and last extended for 2001 by Decision No 1/2001 [5] should be re-introduced for the period from 1 July to 31 December 2002.

[4] OJ No L 325, 30.12.95, p.51.

[5] OJ No L 35, 6.2.2001, p.36.

(3) The Parties are desirous of promoting the orderly and equitable development of trade in steel between the Community and Romania.

(4) The Association Council, having been supplied with all relevant information, found that the solution acceptable to the two parties which least disturbs the functioning of the Agreement is the re-introduction of the double-checking system, without quantitative limits, for the import into the Community of certain steel products for the period from 1 July to 31 December 2002,

HAS DECIDED AS FOLLOWS:

The position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the export of certain steel products from Romania to the European Communities, and in particular the re-introduction of the double-checking system, shall be based on the draft decision of the Association Council annexed to this Decision.

Done at Brussels, [...]

For the Council

The President

DECISION No ......./2002 OF THE EU-ROMANIA ASSOCIATION COUNCIL

of ...................... 2002

concerning the export of certain steel products from Romania to the Community for the period 1 July to 31 December 2002 (double-checking system)

(2002/...../EC)

THE ASSOCIATION COUNCIL,

Whereas:

(1) 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, met on 22 January 2002 and agreed to recommend to the Association Council established under Article 106 of the Agreement that the double-checking system introduced in 1996 by Association Council Decision No 3/95 and last extended for 2001 by Decision No 1/2001 should be re-introduced for the period from 1 July to 31 December 2002.

(2) The Association Council, having been supplied with all relevant information, has agreed with this recommendation,

HAS DECIDED AS FOLLOWS:

Article 1

1. For the period 1 July to 31 December 2002, 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 to the model shown at Annex II issued by the authorities in the Community.

2. The classification of the products covered by this Agreement 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 stipulated in paragraph 1, imports into the Community of the iron and steel products listed in Annex I originating in Romania shall, in addition, be subject to the issue of an export document by the competent Romanian authorities. The importer must present the original of the export document not later than 31 March of the year following that in which the goods covered by the document were 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 Appendix 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 authorised 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.

7. Goods shipped before 1 July 2002 are not covered by this Decision.

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 connection with the export documents issued by the Romanian authorities under Article 1. 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 paragraph shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.

Article 4

Any notifications to be given hereunder shall be given:

- in respect of the Community, to the Commission of the European Communities (DG Trade E.2),

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

Article 5

This Decision shall enter into force on the day of its adoption.

It shall apply from 1 July 2002.

Done at ................, ......... 2002

For the Association Council

The President

ANNEX I

ROMANIA

List of products subject to double-checking (2002)

>TABLE POSITION>

ANNEX II

>TABLE POSITION>

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Extension pages to be attached hereto

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Extension pages to be attached hereto

ANNEX III

>TABLE POSITION>

>TABLE POSITION>

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/m . 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 standardised 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. 2 for 2002,

- 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 six months from the date of their issue. They may be renewed or prolonged, but not beyond 31 December of the calendar year appearing in Box No 3 of the export document.

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. 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.