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

(2003/C 311/01)

1. Steel products falling within the tariff headings set in the Council Decision (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.

2. 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.

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 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

SA Flat-rolled products

SA1 (coils)

7208 10 00

7208 25 00

7208 26 00

7208 27 00

7208 36 00

7208 37 10

7208 37 90

7208 38 10

7208 38 90

7208 39 10

7208 39 90

7211 14 10

7211 19 20

7219 11 00

7219 12 10

7219 12 90

7219 13 10

7219 13 90

7219 14 10

7219 14 90

7225 20 20

7225 30 00

SA2 (heavy plate)

7208 40 10

7208 51 10

7208 51 30

7208 51 50

7208 51 91

7208 51 99

7208 52 10

7208 52 91

7208 52 99

7208 53 10

7211 13 00

7225 40 20

7225 40 50

7225 99 10

SA3 (other flat rolled products)

7208 40 90

7208 53 90

7208 54 10

7208 54 90

7208 90 10

7209 15 00

7209 16 10

7209 16 90

7209 17 10

7209 17 90

7209 18 10

7209 18 91

7209 18 99

7209 25 00

7209 26 10

7209 26 90

7209 27 10

7209 27 90

7209 28 10

7209 28 90

7209 90 10

7210 11 10

7210 12 11

7210 12 19

7210 20 10

7210 30 10

7210 41 10

7210 49 10

7210 50 10

7210 61 10

7210 69 10

7210 70 31

7210 70 39

7210 90 31

7210 90 33

7210 90 38

7211 14 90

7211 19 90

7211 23 10

7211 23 51

7211 29 20

7211 90 11

7212 10 10

7212 10 91

7212 20 11

7212 30 11

7212 40 10

7212 40 91

7212 50 31

7212 50 51

7212 60 11

7212 60 91

7219 21 10

7219 21 90

7219 22 10

7219 22 90

7219 23 00

7219 24 00

7219 31 00

7219 32 10

7219 32 90

7219 33 10

7219 33 90

7219 34 10

7219 34 90

7219 35 10

7219 35 90

7225 40 80

SB Longs

SB1 (beams)

7207 19 31

7207 20 71

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

7216 33 10

7216 33 90

SB2 (wire rod)

7213 10 00

7213 20 00

7213 91 10

7213 91 20

7213 91 41

7213 91 49

7213 91 70

7213 91 90

7213 99 10

7213 99 90

7221 00 10

7221 00 90

7227 10 00

7227 20 00

7227 90 10

7227 90 50

7227 90 95

SB3 (other longs)

7207 19 11

7207 19 14

7207 19 16

7207 20 51

7207 20 55

7207 20 57

7214 20 00

7214 30 00

7214 91 10

7214 91 90

7214 99 10

7214 99 31

7214 99 39

7214 99 50

7214 99 61

7214 99 69

7214 99 80

7214 99 90

7215 90 10

7216 10 00

7216 21 00

7216 22 00

7216 40 10

7216 40 90

7216 50 10

7216 50 91

7216 50 99

7216 99 10

7218 99 20

7222 11 11

7222 11 19

7222 11 21

7222 11 29

7222 11 91

7222 11 99

7222 19 10

7222 19 90

7222 30 10

7222 40 10

7222 40 30

7224 90 31

7224 90 39

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 20

7228 30 41

7228 30 49

7228 30 61

7228 30 69

7228 30 70

7228 30 89

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

7301 10 00

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

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 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 1000).

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

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Specimen of certificate of origin referred to in 8(1) of Appendix 2

>PIC FILE= "C_2003311EN.000901.TIF">

Appendix 4

EUROPEAN COMMUNITY IMPORT LICENCE

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>PIC FILE= "C_2003311EN.001101.TIF">

EUROPEAN COMMUNITY IMPORT LICENCE

>PIC FILE= "C_2003311EN.001201.TIF">

>PIC FILE= "C_2003311EN.001301.TIF">

Appendix 5

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER

LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN

ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ

LIST OF THE COMPETENT NATIONAL AUTHORITIES

LISTE DES AUTORITÉS NATIONALES COMPÉTENTES

ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI

LIJST VAN BEVOEGDE NATIONALE INSTANTIES

LISTA DAS AUTORIDADES NACIONAIS COMPETENTES

LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA

LISTA ÖVER KOMPETENTA NATIONELLA MYNDIGHETER

BELGIQUE/BELGIË

Service public fédéral économie, PME, Classes moyennes et 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 en Energie

Bestuur Economisch Potentieel

Markttoegangsbeleid, Dienst Vergunningen

Generaal Lemanstraat 60 B - 1040 Brussel Fax (32-2) 230 83 22

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) 969 42 26

ΕΛΛΑΣ

Υπουργείο Οικονομίας και Οικονομικών Διεύθυνση Διεθνών Οικονομικών Ροών Κορνάρου 1 GR - 105 63 Αθήνα Φαξ (30-210) 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) 913 49 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

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

LUXEMBOURG

Ministère des affaires étrangères Office des licences BP 113 L - 2011 Luxembourg Fax (352) 46 61 38

NEDERLAND

Belastingdienst/Douane centrale dienst voor in- en uitvoer Postbus 30003, Engelse Kamp 2 9700 RD Groningen Nederland Fax (31-50) 523 23 41

ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit Außenwirtschaftsadministration

Abteilung C2/2

Stubenring 1 A - 1011 Wien Fax (43-1) 711 00/8386

PORTUGAL

Ministério das Finanças Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo Rua Terreiro do Trigo, Edifício da Alfândega de Lisboa P - 1140-060 Lisboa Fax (351) 218 81 42 61

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 TS23 2NF United Kingdom Fax (44-1642) 36 52 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.

Appendix 7

QUANTITATIVE LIMITS

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