Communication relating to the opening of the quotas laid down by the Council Decision of 15 December 2003 on trade in certain steel products between the European Community and Ukraine

(2004/C 150/01)

Steel products falling within the tariff headings set in the Council Decision (1) (see Appendix 1 of the Annex) and originating in Ukraine may be imported between 1 January 2004 and 31 December 2004 within the limits fixed in Appendix 7 of the Annex.

The quantitative limits are managed according to the rules in the Annex.

Applications for licences must be sent to the competent authorities of the Member States as listed in Appendix 5 of the Annex.

This Communication repeals the Communication 2003/C311/01 published in the Official Journal C 311 of 20 December 2003.

(1) OJ L 333, 20.12.2003, p. 84.

ANNEX

Article 1

Scope

1. This Annex applies to imports of the steel products listed in Appendix 1, originating in Ukraine.

2. For the purposes of paragraph 1, the steel products shall be classified in product groups as set out in Appendix 1.

3. The classification of products listed in Appendix 1 shall be based on the combined nomenclature (CN).

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

5. The procedures for verification of the origin of the products referred to in paragraph 1 are laid down in the relevant Community legislation in force.

Article 2

Quantitative limits

1. The importation into the Community of the steel products listed in Appendix 1 originating in Ukraine shall be subject to the quantitative limits laid down in Appendix 7. The release for free circulation in the Community of the products set out in Appendix 1 originating in Ukraine shall be subject to the presentation of an import authorisation issued by the Member States' authorities in accordance with the provisions of Article 4.

2. In order to ensure that quantities for which import authorisations are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities shall issue import authorisations 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. For the purposes of this Annex, 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 2a

As regards release for free circulation in a New Member States (that is: Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia) as of 1 May 2004 of the steel products covered by this Council Communication as listed in Appendix 1, an import authorisation is required, even if the steel products have been shipped before that date. If the steel products are shipped to a new Member State before 1 May 2004, the import licence is granted automatically without quantitative limitation 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 a new Member State on 1 May 2004 or after that date, they are subject to the specific rules governing quantitative limits as defined in this Annex.

Article 3

Suspensive arrangements

1. The quantitative limits referred to in Appendix 7 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 Appendix 7.

Article 4

Specific rules for the administration of Community quantitative limits

1. For the purpose of applying Article 2(2), the competent authorities of the Member States, before issuing import authorisations, shall notify the Commission of the amounts of the requests for import authorisations, supported by original export licences, which they have received. By return, the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been 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 group concerned, the amounts to be imported, the number of the export licence, the quota period and the Member State in which the products are intended to be put into free circulation.

3. The notifications referred to in paragraphs 1 and 2 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.

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

5. 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 authorisation. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.

6. The import authorisations or equivalent documents shall be issued in accordance with Appendix 4.

7. The competent authorities of the Member States shall notify the Commission of any cancellation of import authorisations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent Ukrainian authorities. However, if the Commission or the competent authorities of a Member State have been informed by the competent Ukrainian authorities 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 quantitative limit set out for the period during which shipment of products took place.

8. The Commission may take any measure necessary to implement the provisions of this Article.

Article 5

Statistics

In respect of the steel products listed in Appendix 1, Member States shall notify the Commission monthly, within one month of the end of each month, of the total quantities that have entered into free circulation during that month, indicating the combined nomenclature code and using the statistical units and, where appropriate, supplementary units used in that code. Imports shall be broken down in accordance with the statistical procedures in force.

Appendix 1 The E.C. Combined Nomenclature has been adapted as of 1 January 2004. Therefore, the product codes as published in the Council Decision have been adapted accordingly in the Appendix 1 here below. This adaptation does not modify at all the product coverage. 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 7225200010 7225301000 7225309000 SA2. (heavy Plate) 7208400010 7208512010 7208512091 7208512093 7208512097 7208512098 7208519110 7208519190 7208519810 7208519891 7208519899 7208522010 7208522090 7208528010 7208528090 7208530010 7211130000 7225401210 7225401220 7225404010 7225404090 7225406000 7225990010 SA3. (other flat rolled products) 7208400090 7208530090 7208540010 7208540090 7208900010 7209150000 7209161000 7209169000 7209171000 7209179000 7209181000 7209189100 7209189900 7209250000 7209261000 7209269000 7209271000 7209279000 7209281000 7209289000 7209900010 7210110010 7210122010 7210128010 7210200010 7210300010 7210410010 7210490010 7210500010 7210610010 7210690010 7210701010 7210708010 7210903010 7210904010 7210908091 7211140090 7211190090 7211232010 7211233010 7211233091 7211238010 7211238091 7211290010 7211900011 7212101000 7212109011 7212200011 7212300011 7212402010 7212402091 7212408011 7212502011 7212503011 7212504011 7212506111 7212506911 7212509015 7212509017 7212600011 7212600091 7219211000 7219219000 7219221000 7219229000 7219230000 7219240000 7219310010 7219310090 7219321000 7219329010 7219329090 7219331000 7219339010 7219339090 7219341000 7219349010 7219349090 7219351000 7219359010 7219359090 7225401290 7225409000 SB Longs SB1. (beams) 7207198010 7207208010 7216311010 7216311090 7216319010 7216319090 7216321100 7216321900 7216329100 7216329900 7216331000 7216339000 SB2. (wire rod) 7213100000 7213200000 7213911000 7213912000 7213914100 7213914900 7213917000 7213919000 7213991000 7213999000 7221001000 7221009000 7227100000 7227200000 7227901000 7227905000 7227909500 SB3. (other longs) 7207191210 7207191291 7207191299 7207205210 7207205291 7207205299 7214200000 7214300000 7214911000 7214919000 7214991000 7214993100 7214993900 7214995000 7214997100 7214997100 7214997100 7214997900 7214997900 7214997900 7214999500 7214999500 7214999500 7215900010 7216100000 7216210000 7216220000 7216401000 7216409000 7216501000 7216509100 7216509900 7216990010 7218992000 7222111100 7222111900 7222118100 7222118900 7222191000 7222199000 7222309710 7222401000 7222409010 7224900295 7224903100 7224903800 7228102010 7228102090 7228201010 7228201091 7228209110 7228209190 7228302000 7228304100 7228304900 7228306100 7228306900 7228307000 7228308900 7228602010 7228608010 7228701000 7228709010 7228800010 7228800090 7301100000

Appendix 2 PART I DOUBLE-CHECKING SYSTEM (for administering quantitative limits) Article 1 1. The competent authorities shall issue an export licence in respect of all consignments of steel products subject to the quantitative limits laid down in Appendix 7 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 authorisation referred to in Article 4. Article 2 1. The export licence for quantitative limits shall conform to the specimen set out in Appendix 3 of this Annex 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 Appendix 1. Article 3 Exports shall be set off against the quantitative limits established for the period in which the products covered by the export licence have been shipped within the meaning of Article 2(3) of the Annex. Article 4 1. To the extent that the Commission pursuant to Article 4 of the Annex 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 authorisation 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 December 2004 provided that the goods covered by the licence have been shipped before 31 December 2004. Import authorisations 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 of the Annex, has confirmed that the amount requested is available within the quantitative limit in question. 2. The import authorisations 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 two months. Such extensions shall be notified to the Commission. 3. Import authorisations shall be drawn up in the form set out in Appendix 4 of this Annex 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 authorisation 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 CN code(s); (d) the country of origin of the goods; (e) the country of consignment; (f) the appropriate product group and the quantity in the appropriate unit as indicated in Appendix 7 of the Annex for the products in question; (g) the net weight by CN heading; (h) the cif value of the products at Community frontier by CN heading (as indicated in box 13 of the export licence); (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 authorisation in a single consignment. Article 5 The validity of import authorisations issued by the authorities of the Member States shall be subject to the validity of the export licences and the quantities indicated in the export licences issued by the competent authorities on the basis of which the import authorisations have been issued. Article 6 Import authorisations 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 current rules. Article 7 The competent authorities of a Member State shall refuse to issue import authorisations for products originating in Ukraine which are not covered by export licenses issued in accordance with the provisions of this Appendix. PART II COMMON PROVISIONS Article 8 1. The export licence referred to in Article 1 of this Appendix and the certificate of origin (specimen attached) may include additional copies duly indicated as such. They shall be made out in English. 2. If the documents referred to above are completed by hand, entries must be in ink and in block letters. 3. The export licences or equivalent documents and certificates of origin 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 Annex. 5. Each export licence or equivalent document and the certificate of origin shall bear a standardised serial number, whether or not printed, by which it can be identified. 6. This number shall be composed of the following elements: — two letters identifying the exporting country as follows: UA = Ukraine — two letters identifying the Member State of intended destination as follows: BE = Belgium 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 SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom — a one-digit number identifying the quota period corresponding to the last figure in the current year, e.g. ‘4’ for 2004; — a two-digit number identifying the issuing office in the exporting country; — a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of destination. Article 9 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 shall bear the endorsement ‘issued retrospectively’. Article 10 In the event of the theft, loss or destruction of an export licence or a certificate of origin, 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 or certificate issued in this way shall bear the endorsement ‘duplicate’. The duplicate shall bear the date of the original licence or certificate. PART III COMMUNITY IMPORT LICENCE — COMMON FORM Article 11 1. The forms to be used by the competent authorities of the Member States (list in Appendix 5) for issuing the import authorisations referred to in Article 4 shall conform to the specimen of the import licence set out in Appendix 4. 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 of this Annex. 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 (e.g. EUR 1 000). 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 so place their stamp 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 of the official languages of that Member State.

Appendix 3

Appendix 4

Appendix 5 BELGIQUE/BELGIË Service public fédéral économie, PME, Classes moyennes & énergie Administration du potentiel économique Politiques d'accès aux marchés, Services Licences Rue Général Leman 60 B-1040 Bruxelles Fax: + 32-2-230 83 22 Federale Overheidsdienst Economie, KMO, Middenstand & Energie Bestuur Economisch Potentieel Markttoegangsbeleid, Dienst Vergunningen Generaal Lemanstraat 60 B-1040 Brussel Fax: + 32-2-230 83 22 ČESKÁ REPUBLIKA Ministerstvo průmyslu a obchodu Licenční správa Na Františku 32 CZ-110 15 Praha 1 Fax: + 420-22421 21 33 DANMARK Erhvervs- og Boligstyrelsen Økonomi- og Erhvervsministeriet Vejlsøvej 29 DK-8600 Silkeborg Fax: + 45-35-46 64 01 DEUTSCHLAND Bundesamt für Wirtschaft und Ausfuhrkontrolle, (BAFA) Frankfurter Strasse 29-35 D-65760 Eschborn 1 Fax: + 49-61-96 9 42 26 EESTI Majandus- ja Kommunikatsiooniministeerium Harju 11 EE-15072 Tallinn Fax: + 372-6313 660 ΕΛΛΑΣ Υπουργείο Οικονομίας & Οικονομικών Διεύθυνση Διεθνών Οικονομικών Ροών Κορνάρου 1 GR-105 63 Αθήνα Fax: + 301-328 60 94 ESPAÑA Ministerio de Economía Secretaría General de Comercio Exterior Subdirección General de Productos Industriales Paseo de la Castellana 162 E-28046 Madrid Fax: + 34-1-349 38 31 FRANCE SETICE 8, rue de la Tour-des-Dames F-75436 Paris Cedex 09 Fax: + 33-1-55 07 46 69 IRELAND Department of Enterprise, Trade and Employment Import/ Export Licensing, Block C Earlsfort Centre Hatch Street IE-Dublin 2 Fax: + 353-1-631 25 62 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 KYPROS 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 Rîga Fax: + 371-728 08 82 LIETUVA Lietuvos Respublikos ūkio ministerija Prekybos departamentas Gedimino pr. 38/2 LT-01104 Vilnius Fax: + 370-5-26 23 974 LUXEMBOURG Ministère des affaires étrangères Office des licences BP 113 L-2011 Luxembourg Fax: + 352-46 61 38 MAGYARORSZÁG Magyar Kereskedelmi Engedélyezési Hivatal Margit krt. 85. HU-1024 Budapest II. Fax: + 36-1-336 73 02 MALTA Diviżjoni ghall-Kummerċ Servizzi Kummerċjali Lascaris MT-Valletta CMR02 Fax: + 356-25-69 02 99 NEDERLAND Belastingdienst/Douane centrale dienst voor in- en uitvoer Postbus 30003, Engelse Kamp 2 NL-9700 RD Groningen Fax: + 31-50-523 23 41 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, Pracy i Polityki Społecznej Plac Trzech Krzyży 3/5 PL- 00-507 Warszawa Fax: + 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 Lisboa PT- 1140 - 060 Lisboa Fax: + 351- 218 814 261 SLOVENIJA Ministrstvo za gospodarstvo Področje ekonomskih odnosov s tujino Kotnikova 5 SI-1000 Ljubljana Fax: + 386-1-478 36 11 SLOVENSKÁ REPUBLIKA Ministerstvo hospodárstva SR Odbor licencií Mierová 19 SK-827 15 Bratislava Fax: + 421-2-43 42 39 19 SUOMI Tullihallitus PL 512 FIN-00101 Helsinki Telekopio: + 358-20-492 28 52 SVERIGE Kommerskollegium Box 6803 S-11386 Stockholm Fax: + 46-8-30 67 59 UNITED KINGDOM Department of Trade and Industry Import Licensing Branch Queensway House - West Precinct Billingham UK-TS23 2NF Fax: + 44-1642-36 42 69

Appendix 6 ADMINISTRATIVE COOPERATION Article 1 The Commission shall supply the Member States' authorities with the names and addresses of authorities in Ukraine competent to issue certificates of origin and export licences together with specimens of the stamps used by these authorities. Article 2 For the steel products subject to a double-checking system Member States shall notify the Commission within the first ten days of each month of the total quantities, in the appropriate units and by country of origin and group of products, for which import authorisations have been issued during the preceding month. Article 3 1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent authorities of the Community have reasonable doubt as to the authenticity of the certificate of origin or export licence or as to the accuracy of the information regarding the true origin of the products in question. In such cases the competent authorities of the Community shall return the certificate of origin or the export licence or a copy thereof to the competent Ukrainian governmental authority, giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate of origin or export licence or copy thereof. The competent authorities shall also forward any information that has been offered suggesting that the particulars given on the said certificate or the said licence are inaccurate. 2. The provisions of paragraph 1 shall also apply to subsequent verifications of declarations of origin. 3. The results of the subsequent verifications carried out in accordance with paragraph 1 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 the goods are eligible for export to the Community under this Annex. The competent authorities of the Community may also request copies of all documentation necessary to determine the facts fully, including, in particular, the origin of the goods. 4. Should such verifications reveal abuse or major irregularities in the use of declarations of origin, the Member State concerned shall inform the Commission of this fact. The Commission shall pass the information on to the other Member States. The Community may decide that imports of the products in question to the Community shall be accompanied by a certificate of Ukrainian origin referred to in Article 8(1) of Appendix 2. 5. Random recourse to the procedure specified in this Article shall not constitute an obstacle to the release for free circulation of the products in question. Article 4 1. Where the verification procedure referred to in Article 2 or where information available to the competent authorities of the Community indicates that the provisions of this Annex are being contravened, the said authorities shall request Ukraine to carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to be in contravention of the provisions of this Annex. The results of these enquiries shall be communicated to the competent authorities of the Community together with any other pertinent information enabling the true origin of the goods to be determined. 2. In pursuance of the action taken under the terms of this Annex, the competent authorities of the Community may exchange any information with the competent governmental authorities of the Republic of Ukraine which is considered to be of use in preventing the contravention of the provisions of this Annex. 3. Where it is established that the provisions of this Annex have been contravened, the Commission may take such measures as are necessary to prevent recurrence of such contravention. Article 5 The Commission shall coordinate the action undertaken by the competent authorities of the Member States under the provisions of this Annex. The competent authorities of the Member States shall inform the Commission and the other Member States of action which they have undertaken and the results obtained.