Proposal for a COUNCIL REGULATION (EC) concerning the export of certain ECSC and EC steel products from the Former Yugoslav Republic of Macedonia to the European Community (double-checking system)
Date: 1996-10-11
Institutions: European Commission
Subjects: North Macedonia, cooperation agreement (EU), customs document, customs regulations, import policy, iron and steel product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  11.10.1996 
COM(96) 490  final 

96/0245 (ACC) 

Proposal  for  a 

COUNCIL REGULATION (EC) 

concerning the export of certain ECSC and EC steel products from the Former Yugoslav 
Republic of Macedonia to the European Community (double-checking system) 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  On 22  December  1995,  the Council  authorized the Commission  to open  negotiations 
with  the  Former  Yugoslav  Republic  of  Macedonia  with  a  view  to  concluding  a 
Cooperation Agreement, a Protocol on Financial Cooperation and an agreement in the 
Field of Transport. On the basis of these negotiating directives, negotiations started on 
28 March  1996. 

2.  On  19 June  1996, the Commission  and the Former Yugoslav  Republic  of  Macedonia 
reached  agreement  on  the texts  of  a Cooperation  Agreement  (including  Protocols  on 
additional trade arrangements for certain iron and steel products, financial cooperation 
and rules of origin) and an Agreement in the Field of Transport. 

3.  The  Protocol  on  additional  trade  arrangements  for  certain  iron  and  steel  products 
establishes,  inter  alia,  a double-checking  system  without  quantitative  limits  so  as  to 
improve  transparency  and  to  avoid  possible  diversions  of  trade.  The  Community 
already  operates similar double-checking  systems  with Romania, Bulgaria, the  Czech 
and Slovak Republics. 

4.  The  Commission  is  submitting  proposals  to  the  Council  for  the  conclusion  of  the 
Cooperation  Agreement  and  its  Protocols  and  of  the  Agreement  in  the  Field  of 
Transport. In addition, the Commission invites the Council  to adopt the attached draft 
Council  Regulation  which  is  necessary  for the  Community  and its  Member  States  to 
implement the double-checking system for certain steel products. 

COUNCIL REGULATION (EC) N° # 

of 

.... 

concerning the export of certain ECSC and EC steel products from the Former Yugoslav 
Republic of Macedonia to the European Community (double-checking  system) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof, 

Having regard to the proposal from the Commission, 

Whereas  a  Cooperation  Agreement  between  the  European  Community  and  the  Former 
Yugoslav Republic of Macedonia entered into force on  #; 

Whereas  the Parties  agreed in the protocol  to the Agreement  concerning  additional  trade 
arrangements  for  certain  iron  and  steel  products  to  establish  a double-checking  system, 
without  quantitative  limits,  for  the  import  into  the  Community  of  steel  products 
originating in the Former Yugoslav Republic of Macedonia, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. From the date of entry into force  of the Cooperation Agreement  until further notice, in 
accordance  with  the  provisions  of  the  protocol  on  additional  trade  arrangements  for 
into  the  Community  of  certain  iron  and  steel 
certain  iron  and  steel  products,  imports 
products  covered  by  the  ECSC  and  EC  Treaties  originating  in  the  Former  Yugoslav 
Republic  of  Macedonia,  as  listed  in  Annex  I,  shall  be  subject  to  the  presentation  of  a 
surveillance document issued by the authorities in the Community. 

2. The classification  of  the products covered by this Regulation is based on the tariff  and 
statistical  nomenclature  of 
'combined 
nomenclature',  or in  abbreviated  form  'CN'). The  origin  of  the products covered  by  this 
Regulation shall be determined  in accordance with the rules in force in thé Community. 

(hereinafter  called 

the  Community 

the 

^OJN0!-

3.  From  the  date  of  entry  into  force  of  the  Cooperation  Agreement  until  further  notice, 
imports into the Community  of the products originating in the Former Yugoslav  Republic 
of  Macedonia  listed  in  Annex  I shall,  in  addition,  be  subject  to  the  issue  of  an  export 
document  issued  by  the  competent  authorities  of  the exporting  country.  Presentation  by 
the  importer  of  the  original  of  the  export  document  must  be  effected  not  later  than  31 
March  of  the  year  following  that  in  which  the  goods  covered  by  the  document  were 
shipped. 

4.  An export document will not be required for goods originating in the Former Yugoslav 
Republic  of  Macedonia  already  shipped  to the  Community  before  the date of  entry  into 
force of the Cooperation Agreement, provided that the destination of  such products is not 
changed  from  a  non-Community  destination  and  that  those  products  which,  under  the 
prior  surveillance  regime  in  force  at the  time,  may  be  put  into  free  circulation  only  on 
presentation of a surveillance document are in fact accompanied  by such a document. 

5.  Shipment  is  considered  to have  taken place  on the date  of  loading  onto  the  exporting 
means of  transport. 

6.  The export  document  shall  conform  to the model  shown  in Annex  H. It shall  be  valid 
for exports  throughout the customs territory of the Community. 

Article 2 

1. The  surveillance  document referred to in Article  1 (1)  shall be issued  automatically by 
the  competent  authority  in  the  Member  States,  without  charge  for  any  quantities 
requested, within  five  working  days of presentation of  an application by any Community 
importer,  wherever  established  in the  Community.  This  application  shall  be  deemed  to 
have been received by the competent  national  authority  no later than three working  days 
after submission, unless it is proven otherwise. 

2.  A  surveillance  document  issued  by  one  of  the competent  national  authorities  listed  in 
Annex III shall  be valid throughout the Community. 

3. The surveillance  document shall be made out on a form corresponding to the model  set 
out in Annex IV.  The importer's application shall include the following elements: 

(a) the  name  and full  address of  the  applicant  (including  telephone  and telefax  numbers, 
and  possible  identification  number used by the competent national  authorities)  and VAT 
registration  number, if subject to VAT; 

(b)  if  applicable,  the  name  and  full  address  of  the  declarant  or  representative  of  the 
applicant  (including telephone and telefax numbers); 

(c) the full name and address of the exporter; 

(d) the exact description of the goods, including 

- their trade name, 

- the combined nomenclature (CN) code(s), 

- the country of origin, 

- the country of consignment; 

(e) the net weight, expressed  in kg and also quantity in the unit prescribed where other 
than net  weight, by combined nomenclature heading; 

(f)  the  cif  value  of  the  goods  in  ECU  at  the  Community  frontier  by  combined 
nomenclature heading; 

(g) whether the products concerned are seconds or of substandard quality (1); 

(h) the proposed period and place of customs clearance; 

(i)  whether  the  application  is  a  repeat  of  a  previous  application  concerning  the  same 
contract; 

(j) the following  declaration, dated and signed by the applicant with the transcription of 
his name  in capital letters: 

'I, the undersigned, certify  that the information  provided in this application  is  true and 
given in  good faith, and that I am established in the Community'.  y • 

The importer shall also submit a copy of the contract of sale or purchase, the pro forma 
invoice  and/or,  in cases  where  the  goods  are not directly  purchased  in the country  of 
production, a certificate of production issued by the producing steel mill. 

4.  Surveillance  documents  may  be  used  only  for  such  time  as  arrangements  for 
liberalization  of  imports  remain  in  force  in  respect  of  the  transactions  concerned. 
Without  prejudice  to  possible  changes  in  the  import  regulations  in  force  or  decisions 
taken in the framework of an agreement or the  management of a quota: 

- the period of validity of the surveillance document is hereby fixed at four months, 

- unused or partly used surveillance documents may be renewed for an equal period. 

(')  Under 

the  crireria  given 

in  Commission  communication 
concerning  identification  criteria  of  non-prime  steel  products 
from  third  countries  applied  by  customs  services  of  Member 
States  (OJ  No  C  180,  11.  7.  1991,  p.  4). 

Article 3 

1. A  finding  that the unit price at which the transaction is effected  exceeds that  indicated 
in  the  surveillance  document  by  less  than  5  % or that the  total  value  or quantity  of  the 
products  presented  for  import  exceeds  the  value  or  quantity  given  in  the  surveillance 
document  by  less 
than  5  % shall  not  preclude  the  release  for  free  circulation  of  the 
products in question. 

2.  Applications  for  surveillance  documents  and  the  documents  themselves  shall  be 
confidential.  They shall  be restricted to the competent authorities and the applicant. 

Article 4 

1. Within  the  first  10 days  of  each month,  the Member  States  shall  communicate  to  the 
Commission: 

(a)  details  of  the  quantities  and  values  (calculated  in  ecus)  for  which  surveillance 
documents  were 
issued  during  the  preceding  month;  (b)  details  of  imports  during  the 
month preceding the month referred to in subparagraph (a). 

The information  provided by Member States  shall be broken down by product,  CN  code 
and  by  country. 
It  shall  be  communicated  electronically  in  the  form  a^eed  for  this 
purpose. 

2.  The  Member  States  shall  give  notification  of  any  anomalies  or  cases  of fraud which 
they  discover  and,  where  relevant,  the  basis  on  which  they  have  refused  to  grant  a 
surveillance document. 

Article 5 

Any  notices  to  be  given  hereunder  shall  be  given  to  the  Commission  of  the  European 
Communities (DG I.D.2 and DG m.C.2). 

Article 6 

This Regulation  shall enter into force  on the day of its publication  in the Official  Journal 
of the European Communities. It shall apply with effect  from #  1997. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done at 

For the Council 

The President 

ANNEXI 

Former Yugoslav Republic of Macedonia 

List of products subject to double-checking 

Complete CN heading 7208 

Complete CN heading 7209 

Complete CN heading 7210 

Complete CN heading 7211 

Complete CN heading 7212 

Complete CN heading 7303 

Complete CN heading 7304 

Complete CN heading 7305 

Complete CN heading 7306 

Former Yugoslav Republic of Macedonia 

Export Document 

1.  Exporter (name, full address,  country) 

ORIGINAL 

2.  No. 

3.  Year 

4.  Product group 

EXPORT DOCUMENT 

(ECSC products) 

5.  Consignee (name, full address,  country) 

6.  Country of origin 

7.  Country of destination 

8.  Place and date of shipment -  Means of transport 

9.  Supplementary details 

10.  Description of goods -  Manufacturer 

11.  CNcode 

12.  Quantity 
0) 

13.  FOB 

Value (*) 

£1 
o  c 
38 
•o  £ 
C  M 
«  «* 
•S:  ® g£ 
2H 

2  c 
Î  g> 
<E  D 
c  o 
%l 
5>E 

14.  CERTIFICATION BY THE COMPETENT AUTHORITY 

15.  Competent authority (name, full address, country) 

At 

on 

(Signature) 

(Stamp) 

t 

1.  Exporter  (name, full address,  country) 

COPY 

2.  No. 

3.  Year 

4.  Product  group 

EXPORT DOCUMENT 

(ECSC products) 

5.  Consignee  (name, full address,  country) 

6.  Country of origin 

7.  Country  of  destination 

8.  Place and date of shipment -  Means of transport 

9.  Supplementary details 

10.  Description of goods -  Manufacturer 

11.  CNcode 

12.  Quantity 
(1) 

13.  FOB 

Value (2) 

5  Q> 

o  S 

14.  CERTIFICATION BY THE COMPETENT AUTHORITY 

15.  Competent authority  (name, full address, country) 

At 

on 

, 

(Signature) 

(S >tamp) 

ANNEX III 

LISTA  DE  LAS  AUTORIDADES  NACIONALES  COMPETENTES 
LISTE  OVER  KOMPETENTE  NATIONALE  MYNDIGHEDER 
LISTE  DER  ZUSTANDIGEN  BEHORDEN  DER  MITGLIEDSTAATEN 
AIEYeYNEElï  TON  APXÎÎN  EKAOIHI  AAElftN  TON  KPATON  MEAQN 
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  ÔVER  KOMPETENTA  NATIONELLA  MYNDIGHETER 

BELGIQUE/BELGIË 

Administration  des  relations  économiques 
Quatrième  division:  mise  en  œuvre  des  politiques  commerciales 
internationales  —  Services  'Licences' 
Rue  Général  Léman  60 
B-1040  Bruxelles 
Télécopieur:  (32 2)  230  83 22 

Bestuur  van  de  Economische  Betrekkingcn 
Vierdc  Afdeling:  Toepassing  van  het  Inrernationaal  Handels-
beleid  —  Dienst  Vergunningen 
Generaal  Lemanstraat  60 
B-1040  Brussel 
Fax:  (32-2)  230  83 22 

DANMARK 

Erhvervsfremme  Styrelsen 
Sondergade  25 
DK-8600  Silkeborg 
Fax  (45)  87 20 40  77 

DEUTSCHLAND 

Bundcsamt  fiir  Wirtschaft,  Dienst  01 
Postfach  5171 
D-65762  Eschborn  1 
Fax:  (49)  (61  96)  40 42  12 

EAAAAA 

Yjiouoyeio  EGvixi'jç  Oixovouiaç 
revixi'i reaunaTeia  A02 
Ai£Û0vvor| Aiaôixaoïwv  E£a)TEQixoi< EuJtooîou 
KoçvâQou  1 
GR-105 63  Aenva 
Téteq>a|:  (30-1)  328 60 29/328 60 59/328 60 39 

«FRANCE 

SERIBE 
3-5  rue  Barbet-de-Jouy 
F-75357  Paris  07  SP 
Fax:  (33  I)  43  19 43 69>. 

IRELAND 

Licensing  Unit 
Department  of  Tourism  and  Trade 
Kildare  Street 
IRL-Dublin  2 
Fax:  (353  1)  676  61  54 

ITALIA 

Ministero  per  il  Commercio  estero 
D.G.  Import-export,  Division  V 
Viale  Boston 
1-00144  Roma 
Fax:  (39-6)  59 93 26  36/59  93 26  37 

LUXEMBOURG 

Ministère  des  affaires  étrangères 
Office  des  Licences 
Boîte  postale  113 
L-2011  Luxembourg 
Télécopieur:  (352)  46 61  38 

NEDERLAND 

Centrale  Dienst  voor  In-  en  Uitvoer 
Postbus  30.003,-Engelse  Kamp  2 
NL-9700  RD  Groningen 
Fax:  (31-50)  526  06  98 

ESPANA 

ÔSTERREICH 

Ministerio  de  Comercio  y  Turismo 
Direcciôn  General  de  Comercio  Exterior 
Paseo  de  la  Castellana,  162 
E-28046  Madrid 
Fax:  (34  1)  563  18 23 

Bundesministeritim  fur  wirtschaftliche  Angelegcnheiten 
Au(?enwirtschaftsadministration 
Landstrasser  HauptstraBe  55—57 
A-1030  Wien 
Fax:  (43-1)  715  83 47 

fo 

PORTUGAL 

Direcçâo-Gera! do  Comercio 
Avenida  da  Republics,  79 
P-1000  Lisboa 
Telefax:  (351-1)  793 22  10 

SUOMI 

Tuiiihallitus 
PL  -512 
FIN-00101  Helsinki 
Fax:  +358 0  614 2852 

SVERIGE 

Kommerskol/egium 
Box  1209 
S - l ll  82  Stockholm 
Fax:  +46 8  20 03  24 

UNITED  KINGDOM 

Department  of  Trade  and  industry 
Import  Licensing  Branch 
Queensway  House  —  West  Precinct 
Billingham,  Cleveland 
UK-TS23  2NF 
Fax  (44  1642)  533  557 

M 

ANNEX IV 

Surveillance Document 

EUROPEAN COMMUNITY 

SURVEILLANCE DOCUMENT 

1.  Consignee 

(name, full address, country,  VAT number) 

2. 

Issue number 

3.  Proposed place and date of import 

4.  Authority responsible for issue 

(name, address and telephone No) 

5.  Declarant/representative as applicable 

(name and full address) 

6.  Country of origin 

(and geonomencfature code) 

\ 

7.  Country of consignment 

(and geonomendature code) 

8.  Last day of validity 

9.  Description of goods 

10.  CN code and category 

1 

>. a o o 

« 

o 
X 

1 

11.  Quantity In kHograms (net mass) or in 

additional units 

12.  Value in ecus, df at Community frontier 

13.  Additional remarks 

14.  Competent authority's endorsement 

\ 

V 

: 

- «* 

! 

= 

\ 

t 

! 

| 
i 
i 

15.  ATTRIBUTIONS 

Indicate the quantity available in part 1  of column 17 and the quantity attributed in part 2 thereof. 

16.  Net quantity  (net mass or other unit of measure 

stating the unit) 

19:  Customs document (form 
and number) or extract No 
and date of attribution 

20.  Mama, Member State, stamp arscf 
signature of tree attributing 
authority 

17.  In figures 

18.  In words for the quantity 

attributed 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

Extension pages to be attached hereto. 

è 

-

-

< 

EUROPEAN COMMUNITY 

SURVEILLANCE DOCUMENT 

1.  Consignee 

(name, full address, country,  VAT number) 

2. 

Issue number 

3.  Proposed plaça and data of Import 

4.  Authority responsible for issue 

(name, address and telephone No) 

5.  Declarant/representative as applicable 

(name and full address) 

6.  Country of origin 

(and geonomendature code) 

7.  Country of consignment 

(and geonomendature code) 

8.  Last day of validity 

9.  Description of goods 

10.  CN coda and category 

11.  Quantity in kHograms (nat mass) or. In 

additional units 

12.  Value In ecus, elf at Community frontier 

13.  Additional remarks 

14.  Competent authority's endorsement 

Date: 

Signature: 

Stamp: 

1* 

15.  ATTRIBUTIONS 

Indicate thé quantity available in part 1  of column 17 and the quantity attributed in part 2 thereof. 

16.  Net quantity (net mass or other unit of measure 

stating the unit) 

19.  Customs document (form 
and number) or extract No 
and date of attribution 

20.  Name, Member State, stamp and 
signature of the attributing 
authority 

17.  In figures 

18.  In words for the quantity 

attributed 

1 

2 

-1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

' 

Extension pages to be attached hereto. 

AS 

• 

-, 

-

y 

- 

' 

• 

; •• 

. 

- 

"" 

• 

' 

.

'

.

.

•• 

-

.

.. 

' 

ISSN 0254-1475 

COM(96) 490  final 

DOCUMENTS 

EN 

11  02 

Catalogue number  : CB-CO-96-498-EN-C 

ISBN 92-78-09882-5 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

ho