Draft COMMISSION DECISION on the conclusion of agreement between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products

EXPLANATORY MEMORANDUM

The Community's Partnership and Cooperation Agreement with Ukraine provides for agreements for trade of ECSC steel products.

An agreement on trade between the EC and Ukraine for some steel products covered the period July 1997 to 31 December, 2001. Ukraine requested the renewal of that Agreement. Following the Council Decision of 19.11.2001 authorising the Commission to negotiate a new Agreement, negotiations took place and have been completed successfully leading to the initialling of the new Agreement on 7 December, 2001.

This new Agreement sets quantitative limits for some steel products and will apply from date of entry into force until 31.12.2004. It includes a review clause in case candidate countries to EU membership join the EU before the expiry of the Agreement. It also includes a review clause in case Ukraine joins the WTO before the expiry of the Agreement.

Draft COMMISSION DECISION on the conclusion of agreement between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products

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 regard to the opinion of the Consultative Committee,

After the unanimous assent of the Council,

Whereas:

(1) Following the Council Decision of 19 November 2001, the Commission opened negotiations with the Government of Ukraine, culminating in an Agreement concerning trade in certain steel products covered by the European Coal and Steel Community;

(2) The Agreement establishes quantitative limits for the entry into free circulation in the Community of certain steel products for the years 2002 to 2004;

HAS DECIDED AS FOLLOWS:

Article 1

1. The Agreement with the Government of Ukraine concerning trade in certain steel products is hereby approved on behalf of the European Coal and Steel Community.

2. The text of the Agreement [1] is annexed to this Decision.

[1] See page .... of this Official Journal.

Article 2

The President of the Commission is hereby authorized to designate the persons empowered to sign the Agreement referred to in Article 1 in order to bind the European Coal and Steel Community.

Done at Brussels,

For the Commission

Member of the Commission

AGREEMENT

between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products

THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part, and

THE GOVERNMENT OF UKRAINE,

of the other part,

being the Parties to this Agreement,

Whereas the Parties are desirous to promote the orderly and equitable development of trade in steel between the European Coal and Steel Community (hereinafter referred to as 'the Community') and Ukraine;

Whereas the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part [2], entered into force on 1 March 1998;

[2] OJ L 49, 19.2.1998, p. 3

Whereas an agreement concerning trade in products covered by the Treaty establishing the European Coal and Steel Community is foreseen by Article 22 (1) of the Partnership and Cooperation Agreement

Whereas Article 22(1) of the Partnership and Cooperation Agreement provides that trade in ECSC products shall be governed by Title III, save for Article 14 thereof, and by the provisions of this Agreement;

Whereas the ECSC Treaty shall expire on 23 July 2002 ; that the EC shall take over all rights and obligations contracted by the former; that it is important to clearly indicate that this Agreement will not be affected by such expiry;

Bearing in mind the process of accession of Ukraine to the World Trade Organisation (WTO) and the European Community support for the integration of Ukraine into the international trading system;

Whereas for the years 1995-2001 trade in certain steel products covered by the Treaty establishing the European Coal and Steel Community was the subject of agreements between the Parties, which it is appropriate to replace with a further agreement which takes account of developments in the relationship between the Parties;

Whereas the Parties reiterate their commitment to achieve as soon as the conditions are fulfilled complete liberalisation of trade in respect of the steel products covered by this Agreement;

Whereas this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within the Contact Group on coal and steel as foreseen in Article 22.2 to the Partnership and Cooperation Agreement;

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:

THE COMMISSION OF THE EUROPEAN COMMUNITIES:

THE GOVERNMENT OF UKRAINE:

WHO HAVE AGREED AS FOLLOWS:

Article 1

1. This agreement applies to:

a) Trade in the steel products covered by the Treaty establishing the European Coal and Steel Community set out in Annex I (hereinafter referred to as Annex I) originating within the Parties.

b) Ferrous scrap and waste under the EC Combined Nomenclature heading 7204.

2. Trade in the steel products covered by the ECSC Treaty but not set out in Annex I shall not be subject to quantitative limits and shall be governed by the relevant provisions of the Partnership and Cooperation Agreement, in particular those relating to anti-dumping procedures and safeguard measures.

3. In the case of subject matter which is not covered by this Agreement, the relevant provisions of the Partnership and Cooperation Agreement shall apply.

Article 2

1. The Parties agree to establish and maintain for the period of validity of the present Agreement for each calendar year quantitative arrangements fixing the limits set out in Annex II of this Agreement (hereinafter referred to as Annex II) on Ukrainian exports to the Community of the products set out in Annex I. Such exports shall be subject to a double-checking system as specified in Protocol A of this Agreement (hereinafter referred to as Protocol A) .

2. The Parties reiterate their commitment to achieve complete liberalisation of trade in respect of the steel products set out in Annex I as soon as the conditions have been established.

3. Quantitative restrictions on the export of ferrous scrap and waste under the EC Combined Nomenclature heading 7204 are prohibited among the Parties.

4. The Parties agree that imports into the EC from Ukraine for products included in Annex I as from 1.1.2002 until the entry into force of this Agreement shall be deducted from the quantitative limits set out in Annex II.

5. Imports of quantities in excess of those mentioned in Annex II shall be authorised where the EC industry is unable to meet the internal demand and results in a shortage of supply for one or more products listed in Annex I. Consultations shall take place immediately at the request of either Party to determine the level of the shortage. Following the conclusions of the consultations and on the basis of objective evidence, the EC shall instigate its internal procedures to increase the quantities set out in Annex II.

6. In the case where the candidate countries to the EU membership would accede before the termination of this Agreement, the Parties agree to consider the increase of quantitative limits set out in Annex II.

7. Each Party may, at any time, request consultations concerning :

- the levels of the quantitative limits set out in Annex II, where the conditions in respect of the products covered by Annex I have substantially deteriorated or improved;

- the possibility of transferring unused amounts set out in Annex II from under-utilised product groups to other groups.

Article 3

1. Imports into the customs territory of the Community for free circulation of the products set out in Annex I shall be subject to the production of an export licence issued by the authorities of Ukraine and to proof of origin in accordance with the provisions of Protocol A.

2. Imports into the customs territory of the Community of the products set out in Annex I shall not be subject to the quantitative limits set out in Annex II provided they are declared to be for re-export outside the Community in the same state or after processing, within the administrative system of control which exists within the Community.

3. Carry-over to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits not used during any calendar year is authorized up to 10% of the relevant quantitative limit set out in Annex II for a product group in question for the year in which it was not used. Ukraine shall notify the Community no later than 1 March of the following year if it intends to make use of this provision.

4. Up to 10% of the quantitative limit for a given product group may be transferred to one or more other groups within the same product category, i.e. within SA or SB, subject to the consent of both Parties. The quantitative limit for a given product group can be adjusted once in the course of a calendar year. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. At the start of the following calendar year, the quantitative limits shall be those shown at Annex II, without prejudice to the provisions of paragraph 3 above. Ukraine shall notify the Community no later than 30 June if it intends to make use of this provision.

Article 4

1. With a view to rendering the double-checking system as effective as possible and to minimize the possibilities for abuse and circumvention:

- the Community authorities shall inform the Ukrainian authorities by the 28th of each month of the import authorizations issued during the preceding month;

- the Ukrainian authorities shall inform the Community by the 28th of each month of the export licences issued during the preceding month.

In the event of any significant discrepancy taking account of the time factors involved in respect of such information either Party may request consultations which shall be opened immediately.

2. Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, the Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention, notably by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning quantities, description or classification of merchandise. Accordingly, the Parties agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.

3. Should either Party believe on the basis of information available that this Agreement is being circumvented, it may request consultations with the other Party which shall be held immediately.

4. Pending the results of the consultations referred to in paragraph 3, the Government of Ukraine shall, as a precautionary measure, and if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of the quantitative limits liable to be agreed following the consultations referred to in paragraph 3, shall be carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.

5. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that products set out in Annex I originating in Ukraine have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits established under Annex II.

6. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.

7. The Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.

Article 5

1. The quantitative limits established under this Agreement on imports of ECSC steel products into the Community shall not be broken down by the Community into regional shares.

2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows into the Community. Should a sudden and prejudicial change in traditional trade flows arise (including regional concentration or the loss of traditional customers), the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

3. Ukraine shall endeavour to ensure that exports into the Community of products set out in Annex I are spaced out as evenly as possible over the year. Should a sudden and prejudicial surge of imports arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

4. In addition to the obligation contained in paragraph 3, and without prejudice to the consultations foreseen by Article 2 (7), where licences issued by the Ukrainian authorities have reached 90% of the quantitative limits for the calendar year in question, either Party may request consultations concerning the quantitative limits for that year. Such consultations shall be held immediately. Pending the outcome of such consultations the Ukrainian authorities may continue to issue export licences for the products set out in Annex I provided they do not exceed the quantities set out in Annex II.

Article 6

1. Should the Community consider that steel products listed in Annex I are being imported into the Community from Ukraine at a price abnormally lower than the normal competitive level and are for this reason causing or threatening to cause substantial injury to Community producers of like products, it may request consultations which shall be opened immediately.

2. If following such consultations it is acknowledged by common accord that the situation described in paragraph 1 exists, the Government of Ukraine shall take, within the limits of its powers, the necessary steps, notably as regards the price at which the product in question will be sold, to remedy the situation.

3. In order to determine whether the price of a steel product is lower than the normal competitive level, it may be compared, inter alia, with:

- the prices generally charged for like products sold under ordinary conditions by other exporting countries on the Community market,

- the prices of like Community products at a comparable marketing stage on the Community market.

4. Should the consultations referred to in paragraph 2 above fail to lead to agreement within 30 days of the Community's request for consultations, the Community may, until these consultations have produced a mutually satisfactory solution, temporarily refuse consignments of the product in question at prices under the conditions referred to in paragraph 1 above.

5. In exceptional and critical circumstances, where consignments of products covered by this Agreement are being imported from Ukraine into the Community at prices abnormally lower than the normal competitive level, such as to cause injury which it would be difficult to repair, the Community may temporarily suspend imports of the products concerned pending agreement on a solution in the course of consultations, which shall be opened immediately. The Parties shall do their utmost to reach a mutually acceptable solution within 10 working days' notice of the opening of such consultations.

6. Should the Community have recourse to the measures referred to in paragraphs 4 and 5 above, the Government of Ukraine may at any time request the opening of consultations to examine the possibility of eliminating or modifying these measures where the causes which made them necessary no longer exist.

Article 7

1. 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"). Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning the products set out in Annex I or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of the products set out Annex II.

2. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community. Any amendment to these rules of origin shall be communicated to the Government of Ukraine and shall not have the effect of reducing the quantitative limits of this Agreement. The procedures for control of the origin of the products referred to above are laid down in Protocol A.

Article 8

1. Without prejudice to the periodic exchange of information on export licences and import authorizations pursuant to Article 4 (1), the Parties agree to exchange available statistical information relating to trade in the products set out in Annex I at appropriate intervals, taking account of the shortest periods in which the information in question is prepared, which shall cover export licences and import authorizations issued pursuant to Article 3 and import and export statistics in respect of the products in question.

2. Either Party may request consultations in the event of any significant discrepancy between the information exchanged.

Article 9

1. Without prejudice to provisions concerning consultations foreseen in respect of specific circumstances in preceding Articles, consultations shall be held on any problems arising from the application of this Agreement at the request of either Party. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.

2. Where this Agreement provides that consultations shall be held immediately, the Parties undertake to use all reasonable means to ensure that this is achieved.

3. All other consultations shall be governed by the following provisions:

- any request for consultations shall be notified in writing to the other Party,

- where appropriate, the request shall be followed within a reasonable period by a report setting out the reasons for the consultations,

- consultations shall begin within one month from the date of receipt of the request,

- consultations shall endeavour to arrive at a mutually acceptable result within one month of their commencement, unless the period is extended by agreement between the Parties.

Article 10

1. Both Parties aim at achieving complete liberalisation of trade in steel products and recognize that it is an important condition for promoting trade between them that competition, state aid and environment provisions applicable within each Party must be compatible. To this end, and upon request from Ukraine authorities, the Community shall provide technical assistance to help Ukraine to adopt and implement legislative provisions compatible with those adopted and applied by the Community. Such assistance shall be specified in projects to be agreed by both Parties and identifying clearly, inter alia, the objectives, the means and the calendar.

2. The Parties agree that they will participate to the negotiation of international agreements on state aid and subsidies in the steel sector if such a forum is set up.

Article 11

When the Treaty establishing the European Coal and Steel Community expires on 23 July 2002, the European Community shall take over all rights and obligations contracted by the former under this Agreement

The Parties agree that this Agreement will be continued and that all rights and obligations of the Parties under this Agreement shall be maintained after such expiry.

The reference in Article 22 of the PCA to products covered by the Treaty establishing the European Coal and Steel Community shall be read to refer to products listed in Annex III of this Agreement after the expiry of the said Treaty.

Article 12

1. This Agreement shall enter into force on the day of its signature. It shall be applicable until 31 Decembre 2004 subject to any modifications agreed by the Parties and unless it is denounced in accordance with the provisions of paragraph 3 of this Article.

2. Either Party may at any time propose modifications to this Agreement which shall require the mutual consent of the Parties and take effect as agreed by them.

3. Either Party may denounce this Agreement, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice and the limits established by this Agreement shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Parties decide otherwise by common agreement.

4. In the event that Ukraine accedes to the World Trade Organisation (WTO) before the expiration of this Agreement, the Agreement shall be reviewed prior to such accession to ensure that its provisions are consistent with WTO rules. The operation of the Agreement shall also be reviewed in the event of new multilateral commitments accepted both by the Community and Ukraine concerning the steel products covered by this Agreement.

5. The Annexes, the declarations and Protocol A attached to this Agreement shall form an integral part thereof.

Article 13

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic.

Done at ............... on.......

For the Commission of the European Communities

For the Government of Ukraine

ANNEX I

UKRAINE

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ANNEX II

QUANTITATIVE LIMITS

(tonnes)

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Note: SA and SB are the «categories»

SA1, SA2, SA3, SB1, SB2 and SB3 are the «product groups»

ANNEX III

PRODUCTS REFERRED TO IN ARTICLE 11

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Agreed minute

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in ...................................., on .........................., the Parties agree that:

- in pursuance of the exchange of information foreseen in Article 4 (1) concerning export licences and import authorisations the parties will supply that information by reference to the Member States in addition to the Community as a whole,

- pending the satisfactory outcome of the consultations foreseen by Article 5 (2), the Government of Ukraine will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows; and

- the Government of Ukraine will take due account of the sensitive nature of small regional markets within the Community both as regards their traditional needs for supplies and the avoidance of regional concentrations.

For the Commission of the European Communities

For the Government of Ukraine

Declaration N° 1

In the context of the Agreement between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products signed in ....................................... on ........................, and more particularly Article 6 thereof, the Parties agree that it is the understanding of the European Community that in the event that the provisions of Article 6 are fulfilled in respect of exports from Ukraine to the Community of products covered by this Agreement, European industry has no intention of making use of any procedures in respect of anti-dumping and/or countervailing duties in respect of imports of such products to the Community.

Declaration N° 2

In the context of the Agreement between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products signed in .................... on ...................., and more particularly Article 3 thereof, the Parties confirm their understanding that this Agreement does not affect existing systems concerning the import and duties in respect of the steel products mentioned in Annex I to the Agreement which are intended for certain categories of ships, boats and other vessels and for drilling or production platforms for the purposes of their construction, repair, maintenance or conversion and in respect of goods intended for fitting to or equipping such ships, boats or other vessels.

Declaration N° 3

In the context of the Agreement between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products signed in ..................... on ....................., and in particular Article 2 paragraph 3, the Parties agree that they shall not apply with respect to the other Party, customs duties, charges or any measures having equivalent effect on the export of ferrous waste and scrap under the EC Combined Nomenclature heading 7204.

PROTOCOL A

TITLE I

CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform Ukraine of any changes in the combined nomenclature (CN) in respect of products covered by the Agreement before the date of their entry into force in the Community.

2. The competent authorities of the Community undertake to inform the competent authorities of Ukraine of any decisions relating to the classification of products covered by the Agreement within one month of their adoption at the latest.

Such a description shall include:

(a) a description of the products concerned,

(b) the relevant CN codes,

(c) the reasons which have led to the decision.

3. Where a decision on classification results in a change of classification practice of any product covered by the Agreement, the competent authorities of the Community shall provide 30 days' notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlierclassification practice, provided that the goods in question are presented for importation into the Community within 60 day's of that date.

4. Where a Community decision on classification resulting in a change of classification practice of any product covered by the Agreement affects a category subject to quantitative limits, the Parties agree to enter into consultations in accordance with the procedures described in Article 9 (3) of the Agreement with a view to honouring the obligation contained in Article 7 (1) of the Agreement.

5. In case of divergent opinions between the competent authorities of Ukraine and the Community at the point of entry into the Community on the classification of products covered by the Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 9 with a view to reaching agreement on the definitive classification of the products concerned.

TITLE II

ORIGIN

Article 2

1. Products originating in Ukraine according to the Community Regulations in force for export to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Ukrainian origin conforming to the model annexed to this Protocol.

2. The certificate of origin shall be certified by the Ukrainian organisations authorised for such purposes under Ukrainian legislation as to whether the products in question can be considered as products originating in Ukraine.

Article 3

The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative. The Ukrainian organisations authorised for such purposes under Ukrainian legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.

Article 4

The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.

TITLE III

DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITS

SECTION I

Exportation

Article 5

1. The appropriate Ukrainian governmental authorities shall issue an export licence in respect of all consignments from Ukraine of steel products covered by the Agreement up to the quantitative limits set out in Annex 2 of the Agreement.

Article 6

1. The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory of the Community.

2. Each export licence must certify inter alia that the quantity of the product in question has been set off against the relevant quantitative limit established for the product concerned in Annex 2 of the Agreement.

Article 7

The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.

Article 8

1. Exports shall be set off against the quantitative limits established for the year in which the shipment of goods has been effected even if the export licence is issued after such shipment.

2. For the purposes of applying paragraph 1, shipment of goods is considered to have taken place on the date of their loading onto the exporting transport.

Article 9

The presentation of an export licence, in application of Article 11, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.

SECTION II

Importation

Article 10

1. Steel products originating in Ukraine, covered by a valid import licence issued pursuant to Decision 2001/933/ECSC [3], as amended, which were already sent to the Community before the date of entry into force of this Agreement shall be admitted within the limits applicable for the period from 1 January 2002 to 31 December 2002.

[3] OJ L 345, dated 29.12.2001, p.75

2. The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorisation.

Article 11

1. The competent authorities of the Community shall issue the import authorisation referred to in Article 8 above, within ten working days of the presentation by the importer of the original of the corresponding export licence. A list of the competent authorities is annexed to this Protocol.

2. The import authorisations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.

3. The competent authorities of the Community shall cancel the import authorisation already issued whenever the corresponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the release for free circulation of the products into the Community, the relevant quantities shall be set off against the limits established for the product.

Article 12

If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Ukraine exceed the relevant quantitative limit established for products covered by Annex II of the Agreement the Community authorities shall suspend the further issue of import authorisations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authorities of Ukraine and immediate consultations pursuant to Article 9 (2) of the Agreement shall be initiated.

TITLE IV

FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY

Article 13

1. The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script.

These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m . If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked 'original' and the other copies 'copies'. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.

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: UA,

- 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 in question corresponding to the last figure in the year, e.g. "2" for 2002,

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

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

Article 14

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 must bear the endorsement 'issued retrospectively'.

Article 15

1. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Ukrainian governmental authorities competent to issue licences or to the Ukrainian organisations authorised to issue certificates of origin under Ukrainian legislation, respectively, for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement 'duplicate'.

2. The duplicate shall bear the date of the original export licence or certificate of origin.

TITLE V

ADMINISTRATIVE COOPERATION

Article 16

The Parties shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.

Article 17

In order to ensure the correct application of this Protocol, the Parties shall offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.

Article 18

Ukraine shall send the Commission of the European Communities the names and addresses of the competent Ukrainian authorities which are authorised to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in this information.

Article 19

1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.

2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Ukrainian authorities giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.

3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol.

4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.

Should such verifications reveal systematic irregularities in the use of certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.

5. 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 by the appropriate Ukrainian authorities for at least one year following the end of the Agreement.

6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question.

Article 20

1. Where the verification procedure referred to in Article 19 or where information available to the competent authorities of the Community or of Ukraine indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.

2. To this end, the appropriate Ukrainian authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Ukraine shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.

3. By agreement between the Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.

4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Ukraine shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the trade in the type of products covered by the Agreement between Ukraine and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Ukraine prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation, where available.

5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Ukraine and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.

EXPORT LICENCE

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EXPORT LICENCE

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CERTIFICATE OF ORIGIN

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CERTIFICATE OF ORIGIN

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LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER

LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN

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LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES

LISTE DES AUTORITES NATIONALES COMPETENTES

ELENCO DELLE COMPETENTI AUTORITA NAZIONALI

LIJST VAN BEVOEGDE NATIONALE INSTANTIES

LISTA DAS AUTORIDADES NACIONAIS COMPETENTES

LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA

FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER

LIST OF THE COMPETENT NATIONAL AUTHORITIES

BELGIQUE/BELGIË

Ministère des Affaires Economiques

Administration des Relations Economiques

Services Licences

Rue Général Leman 60

B-1040 Bruxelles

Fax: +32-2-230 83 22

//

FRANCE

Setice

8, rue de la Tour-des-Dames

F-75436 Paris Cedex 09

Fax: +33-1-55 07 46 69

Ministerie van Economische Zaken

Bestuur van de Economische Betrekkingen

Dienst Vergunningen

Generaal Lemanstraat 60

B-1040 Brussel

Fax: +32-2-230 83 22 // IRELAND

Department of Enterprise, Trade and Employment

Import/ Export Licensing, Block C

Earlsfort Centre

Hatch Street

Dublin 2

Fax : +353-1-631 28 26

DANMARK

Erhvervsfremme Styrelsen

Økonomi- og Erhvervsministeriet

Vejlsøvej 29

DK-8600 Silkeborg

Fax: +45 35 46 64 01

// ITALIA

Ministero delle Attivita Produttive

Direzione generale per la politica commerciale e per la gestione del regime degli scambi

Viale America 341

I-00144 Roma

Fax : +39-6-59 93 22 35 / 59 93 26 36

DEUTSCHLAND

Bundesamt für Wirtschaft und Ausfuhrkontrolle,

(BAFA)

Frankfurter Strasse 29-35

D-65760 Eschborn 1

Fax : +49-61 96 9 42 26 // LUXEMBOURG

Ministère des affaires étrangères

Office des licences

BP 113

L-2011 Luxembourg

Téléfax : +352-46 61 38

ÅËËÁÓ

Õðïõñãåßï ÅèíéêÞò Ïéêïíïìßáò

ÃåíéêÞ Ãñáììáôåßá Äéåèíþí Ó÷Ýóåùí

Äéåýèõíóç Äéåèíþí Ïéêïíïìéêþí Ñïþí

ÊïñíÜñïõ 1

GR-105 63 ÁèÞíá

Fax : +301-3286094 // NEDERLAND

Belastingdienst/Douane centrale dienst voor in- en uitvoer

Postbus 30003, Engelse Kamp 2

NL-9700 RD Groningen

Fax : +31-50 526 06 98

m.i.v. 18.01.2002

Fax : +31- 50 5232341

ESPAÑA

Ministerio de Economía

Secretaría General de Comercio Exterior

Paseo de la Castellana 162

E-28046 Madrid

Fax : +34-1-563 18 23/349 38 31 // ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit

Aussenwirtschaftsadministration

Landstrasser Hauptstrasse 55-57

A-1030 Wien

Fax: +43-1-711 00/8386

PORTUGAL

Ministério da Economia

Direcção-Geral das Relações Económicas Internacionais

Alfândega de Lisboa, Largo do Terreiro do Trigo

P-1100 Lisboa

Fax : 351- 21 881 42 61 // SVERIGE

Kommerskollegium

Box 6803

S-11386 Stockholm

Fax: 46-8-30 67 59

SUOMI

Tullihallitus

PL 512

FIN-00101 Helsinki

Telekopio: + 358 9 614 2852 // UNITED KINGDOM

Department of Trade and Industry

Import Licensing Branch

Queensway House - West Precinct

Billingham, Cleveland

UK-TS23 2NF

Fax : 44-1642-533 557

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