97/742/ECSC: Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products
Date: 1997-10-13
Institutions: European Coal and Steel Community, Russia
Subjects: Russia, customs regulations, free circulation, iron and steel product, quantitative restriction, trade agreement (EU)













EUR-Lex - 21997A1104(05) - EN






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21997A1104(05)

97/742/ECSC: Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products  


Official Journal L 300 , 04/11/1997 P. 0052 - 0078 





AGREEMENT between the European Coal and Steel Community and the Russian Federation on trade in certain steel products THE EUROPEAN COAL AND STEEL COMMUNITY,of the one part, andTHE GOVERNMENT OF THE RUSSIAN FEDERATION,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 the Russian Federation (hereinafter referred to as 'Russia`);Whereas an agreement concerning trade in products covered by the Treaty establishing the European Coal and Steel Community is foreseen by Article 21 (1) of the Agreement on Partnership and Cooperation establishing a Partnership between the European Communities and their Member States and the Russian Federation (hereinafter referred to as the 'Partnership and Cooperation Agreement`);Whereas Article 21 of the Partnership and Cooperation Agreement provides that trade in ECSC products shall be governed by Title III, save for Article 15 thereof, and by the provisions of this Agreement;Whereas Article 53 of the Partnership and Cooperation Agreement provides the framework for mutual cooperation between the Parties in respect of competition and certain aids affecting trade between the Parties;Whereas Article 17 of the Interim Agreement on trade and trade related matters between the parties, which entered into force on 1 February 1996 (1), provides the basis for implementation of the above-mentioned provisions of the Partnership and Cooperation Agreement;Whereas market reforms in the Russian Federation are establishing a competitive environment in the Russian steel industry and the Parties desire to further develop cooperation on competition matters;Bearing in mind the process of accession of the Russian Federation to the World Trade Organisation (WTO) and European Community support for the integration of the Russian Federation into the international trading system;Whereas, for the years 1995 and 1996 trade in certain products covered by the Treaty establishing the European Coal and Steel Community was the subject of an agreement 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 complete liberalisation of trade in respect of the steel products covered by this Agreement provided that the competitive conditions envisaged in Protocol B have been established;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 Protocol 1 to the Partnership and Cooperation Agreement and to the Interim 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 THE RUSSIAN FEDERATION:WHO HAVE AGREED AS FOLLOWS:Article 11. Trade in the steel products covered by the Treaty establishing the European Coal and Steel Community set out in Annex I originating within the Parties (hereinafter called 'the products covered by this Agreement`) shall be subject to the conditions set out in this Agreement. In the case of subject matter which is not covered by this Agreement, the relevant provisions of the bilateral agreements on trade and trade-related matters in force between the Parties shall apply.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 bilateral trade agreements in force between the Parties, in particular those relating to anti-dumping procedures and safeguard measures.Article 21. 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 on Russian exports to the Community of the products covered by this Agreement. Such exports shall be subject to a double-checking system as specified in Protocol A.2. The Parties reiterate their commitment to achieve complete liberalisation of trade in respect of the steel products covered by this Agreement provided that the competitive conditions envisaged in Protocol B have been established.3. At the request of either Party, the Parties shall consult to determine whether the competitive conditions in respect of the products covered by the Agreement are such that quantitative restrictions are no longer necessary. The consultations foreseen by this paragraph may be requested at any time during the application of this Agreement.4. Without prejudice to the provisions of paragraph 3, the Parties will effect a review of progress in the development of competitive conditions beginning not later than 30 months following the entry into force of this Agreement. The Parties will in any event meet to review the operation of this Agreement and to determine whether competitive conditions in respect of the products covered by the Agreement in the Russian Federation justify complete removal of quantitative restrictions in the EC, not later than six months prior to the expiry of this Agreement.5. For the purposes of the consultations and evaluations foreseen in paragraphs 3 and 4, the Parties shall take account of the implementation by Russia of the provisions of Protocol B concerning competition, State aid and environmental protection in respect of the products covered by the Agreement.6. Without prejudice to paragraph 3 either Party may, at any time, request consultations concerning the possibility of transferring unused amounts from underutilised product groups to other groups.Article 31. Imports into the customs territory of the Community for free circulation of the products covered by this Agreement shall be subject to the production of an export licence issued by the authorities of Russia 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 covered by this Agreement 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 7 % of the relevant quantitative limit for a product group in question for the year in which it was not used. Russia shall notify the Community no later than 1 February of the following year if it intends to make use of this provision.4. Up to 7 % 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 reduced once in the course of a calendar year. Transfers shall not be permitted to or from product group SA1a (coils for re-rolling). 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. Russia shall notify the Community no later than 30 June if it intends to make use of this provision.Article 41. 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 Russia by the 28th of each month of the import authorizations issued during the preceding month,- the Russian 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 Community and Russia agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention 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 Community and Russia 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 the Community believe on the basis of information available that this Agreement is being circumvented, the Community may request consultations with Russia which shall be held immediately.4. Pending the results of the consultations referred to in paragraph 3, Russia shall, as a precautionary measure, and if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence 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 following year, if the limit for that calendar year is exhausted.5. In the absence of a mutually satisfactory solution, the Community shall have the right, where sufficient evidence of circumvention or false declaration by Russian producers and/or exporters exists:(a) to set off the quantities imported by way of circumvention against the limits established under the Agreement;(b) to refuse to import the products in question.6. The Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.Article 51. 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. Russia shall endeavour to ensure that exports into the Community of products covered by this Agreement 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 (6), where licences issued by the Russian 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 Russian authorities may continue to issue export licences for the products covered by this Agreement provided they do not exceed the quantities set out in Annex II.Article 61. Where any product covered by this Agreement is being imported into the Community from Russia under such conditions as to cause or threaten to cause substantial injury to Community producers of like products, the Community shall supply Russia with all relevant information with a view to seeking a solution acceptable to both Parties. The Parties shall commence consultations promptly.2. Should the consultations referred to in paragraph 1 above fail to lead to agreement within 30 days of the Community's request for consultations, the Community may utilise the right to take action concerning safeguard measures pursuant to the provisions of the relevant agreements on trade and trade-related matters in force between the Parties.3. The utilization of the right to consultations under paragraph 1 shall not preclude action concerning anti-dumping procedures pursuant to the provisions of the relevant agreements on trade and trade-related matters in force between the Parties, notwithstanding the quantitative limits set out in Annex II.Article 71. 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 covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of this Agreement.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 Russia 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 81. 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 covered by this Agreement 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 91. 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 Contracting 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 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 101. This Agreement shall enter into force on the day of its signature. It shall be applicable until 31 December 2001 subject to any modifications agreed by the Parties following consultations pursuant to Article 2 (3) and unless it is denounced in accordance with the provisions of paragraph 3 of this Article or terminated following the reviews foreseen in Article 2 (3) and (4).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 the Russian Federation accedes to the WTO before the expiration of this Agreement, the Agreement shall be reviewed prior to such accession to ensure that this 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 Russia concerning the steel products covered by this Agreement.5. The Annexes and Protocols attached to this Agreement shall form an integral part thereof.6. In respect of the products covered by this Agreement, the provisions of this Agreement concerning competition, State aids and environmental protection shall supplement and, where necessary, prevail over provisions relating to the same subject matter contained in other bilateral trade and trade-related agreements between the Parties.Article 11This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Russian languages, each of these texts being equally authentic.Hecho en Bruselas, el 13 de octubre de 1997.Geschehen zu Brüssel am 13. Oktober 1997.Udfærdiget i Bruxelles, den 13. oktober 1997.Tehty Brysselissä 13 päivänä lokakuuta 1997.Fait à Bruxelles, le 13 octobre 1997.¸ãéíå óôéò ÂñõîÝëëåò, óôéò 13 Ïêôùâñßïõ 1997.Done at Brussels, 13 October 1997.Fatto a Bruxelles, il 13 ottobre 1997.Gedaan te Brussel, 13 oktober 1997.Feito em Bruxelas, em 13 de Outubro de 1997.Utfärdat i Bryssel den 13 oktober 1997.>REFERENCE TO A GRAPHIC>Por la Comisión de las Comunidades EuropeasFür die Kommission der Europäischen GemeinschaftenFor Kommissionen for De Europæiske FællesskaberEuroopan yhteisöjen komission puolestaPour la Commission des Communautés européennesÃéá ôçí ÅðéôñïðÞ ôùí Åõñùðáúêþí ÊïéíïôÞôùíFor the Commission of the European CommunitiesPer la Commissione delle Comunità europeeVoor de Commissie van de Europese GemeenschappenPela Comissão das Comunidades EuropeiasPå Europeiska gemenskapernas kommissionens vägnar>REFERENCE TO A GRAPHIC>Por el Gobierno de la Federación de RusiaFür die Regierung der Russischen FöderationFor regeringen for Den Russiske FøderationVenäjän federaation hallituksen puolestaPour le gouvernement de la Fédération russeÃéá ôçí êõâÝñíçóç ôçò ÑùóéêÞò ÏìïóðïíäßáòFor the Government of the Russian FederationPer il governo della Federazione russaVoor de regering van de Russische FederatiePelo Governo da Federação RussaPå Ryska Federationens vägnar>REFERENCE TO A GRAPHIC>(1) OJ L 247, 13. 10. 1995, p. 1.ANNEX I RUSSIA SA Flat-rolled products SA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 19 107225 20 207225 30 00SA1.a. Hot rolled coils for re-rolling7208 37 107208 38 107208 39 10SA2. Heavy Plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80SB. Longs SB1. Beams7207 19 317207 20 717216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 90SB2. Wire rod7213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907221 00 107221 00 907227 10 007227 20 007227 90 107227 90 507227 90 95SB3. Other longs7207 19 117207 19 147207 19 167207 20 517207 20 557207 20 577214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 99 207222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 90 317224 90 397228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 00ANNEX II >TABLE>Agreed minute In the context of the Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products signed in Brussels on 13 October 1997 the Parties agree that:- in pursuance of the exchange of information foreseen in Article 4 (1) concerning export licences and import authorizations, the Parties will supply that information by reference to the Member States in addition to the Community as a whole,- if the Parties are unable to reach a satisfactory solution during the consultations foreseen by Article 5 (2), Russia will cooperate, if so requested by the Community, by not issuing export licences for an intended destination where imports pursuant to such licences would aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows, it being understood that Russia may continue to issue licences for other Community destinations,- the Parties will cooperate closely in order to prevent sudden and prejudicial changes in traditional trade flows in respect of coils for re-rolling (product group SA1a); Russia will give priority to deliveries to its traditional customers for these products in order to avoid disturbing the Community market, and both Parties will inform the other immediately in the event of any emerging problems, and- Russia 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.Por la Comisión de las Comunidades EuropeasFür die Kommission der Europäischen GemeinschaftenFor Kommissionen for De Europæiske FællesskaberEuroopan yhteisöjen komission puolestaPour la Commission des Communautés européennesÃéá ôçí ÅðéôñïðÞ ôùí Åõñùðáúêþí ÊïéíïôÞôùíFor the Commission of the European CommunitiesPer la Commissione delle Comunità europeeVoor de Commissie van de Europese GemeenschappenPela Comissão das Comunidades EuropeiasPå Europeiska gemenskapernas kommissionens vägnar>REFERENCE TO A GRAPHIC>Por el Gobierno de la Federación de RusiaFür die Regierung der Russischen FöderationFor regeringen for Den Russiske FøderationVenäjän federaation hallituksen puolestaPour le gouvernement de la Fédération russeÃéá ôçí êõâÝñíçóç ôçò ÑùóéêÞò ÏìïóðïíäßáòFor the Government of the Russian FederationPer il governo della Federazione russaVoor de regering van de Russische FederatiePelo Governo da Federação RussaPå Ryska Federationens vägnar>REFERENCE TO A GRAPHIC>Declaration No 1 For the purposes of the Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products signed in Brussels on 13 October 1997, the Parties agree that the relevant agreements on trade and trade-related matters shall, depending on their applicability, be as follows:- the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and European Atomic Energy Community, of the one part, and the Russian Federation, of the other part, which entered into force on 1 February 1996,- the Agreement on Partnership and Cooperation establishing a Partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed on 24 June 1994 at Corfu.Declaration No 2 In the context of the Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products signed in Brussels on 13 October 1997, and more particularly Article 9 thereof, the Parties agree that Russia may, following experience with the management of the Agreement, propose consultations concerning the quantitative limits in respect of the categories of products in order more appropriately to take account of the utilization of the quantitative limits.Declaration No 3 In the context of the Agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products signed in Brussels on 13 October 1997, the Parties agree that they shall not apply with respect to the other Party quantitative restrictions, customs duties, charges or any similar measures on the export of ferrous waste and scrap under the Combined Nomenclature heading 7204, without prejudice to the provisions of Article 19 of the Partnership and Cooperation Agreement.PROTOCOL A TITLE I CLASSIFICATION Article 1The competent authorities of the Community undertake to inform Russia 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.TITLE II ORIGIN Article 21. Products originating in Russia (as defined by the relevant Community Regulations to be exported to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Russia origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be certified by the competent Russian organizations authorized for such purposes under Russian legislation as to whether the products in question can be considered as products originating in Russia.Article 3The 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 authorized representative. The Russian organizations authorized for such purposes under Russian 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 4The 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 5The appropriate Russian governmental authorities shall issue an export licence in respect of all consignments from Russia of steel products covered by the Agreement up to the quantitative limits set out in Annex 2 of the Agreement.Article 61. 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 7The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.Article 81. 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 as evidenced by their bill of lading or other transport document.SECTION II Importation Article 9The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorization.Article 101. The presentation by the importer of an export licence shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.2. The competent authorities of the Community shall issue the import authorization referred to in Article 8 above, within 9 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.3. The import authorizations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.4. The competent authorities of the Community shall cancel the import authorization 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 11If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Russia exceed the limits set out in Annex II of the Agreement the Community authorities shall suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authorities of Russia 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 121. 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 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². 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 standardized 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: RU,- two letters identifying the intended Member State of customs clearance as follows:>TABLE>- a one-digit number identifying the year in question corresponding to the last figure in the year, e.g. '7` for 1997,- a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country,- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.Article 13The 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 141. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Russian authorities which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such 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 15The Community and Russia 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 16In order to ensure the correct application of this Protocol, the Community and Russia 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 17Russia shall send the Commission of the European Communities the names and addresses of the appropriate Russian governmental authorities which are authorized to issue and to verify export licences and the competent Russian organizations authorized under Russian legislation to issue certificates of origin together with specimens of the stamps and signatures they use. Russia shall also notify the Commission of any change in this information.Article 181. 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 Russian 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.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 competent Russian 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 on obstacle to the release for free circulation of the products in question.Article 191. Where the verification procedure referred to in Article 18 or where information available to the competent authorities of the Community or of Russia 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 Russian 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. Russia shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention of 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 Russia 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 Russia 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 Russia 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 Russia and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.EXPORT LICENCE >START OF GRAPHIC>>END OF GRAPHIC>EXPORT LICENCE >START OF GRAPHIC>>END OF GRAPHIC>CERTIFICATE OF ORIGIN >START OF GRAPHIC>>END OF GRAPHIC>CERTIFICATE OF ORIGIN >START OF GRAPHIC>>END OF GRAPHIC>LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN ÄÉÅÕÈÕÍÓÅÉÓ ÔÙÍ ÁÑ×ÙÍ ÅÊÄÏÓÇÓ ÁÄÅÉÙÍ ÔÙÍ ÊÑÁÔÙÍ ÌÅËÙÍ 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 BEHÖRIGA NATIONELLA MYNDIGHETER BELGIQUE/BELGIËAdministration des relations économiquesQuatrième division: Mise en oeuvre des politiques commerciales internationales - Services «Licences»Rue Général Leman 60B-1040 BruxellesTélécopieur: (32-2) 230 83 22Bestuur van de Economische BetrekkingenVierde Afdeling: Toepassing van het Internationaal Handelsbeleid - Dienst VergunningenGeneraal Lemanstraat 60B-1040 BrusselFax: (32-2) 230 83 22DANMARKErhvervsfremme StyrelsenSøndergade 25DK-8600 SilkeborgFax (45) 87 20 40 77DEUTSCHLANDBundesamt für Wirtschaft, Dienst 01Postfach 51 71D-65762 Eschborn 1Fax: (49) 6196 40 42 12ÅËËÁÓÕðïõñãåßï ÅèíéêÞò ÏéêïíïìßáòÃåíéêÞ Ãñáììáôåßá ÄÏÓÄéåýèõíóç Äéáäéêáóéþí Åîùôåñéêïý ÅìðïñßïõÊïñíÜñïõ 1GR-105 63 ÁèÞíáÔÝëåöáî: (301) 328 60 29/328 60 59/328 60 39ESPAÑAMinisterio de Economía y HaciendaDirección General de Comercio ExteriorPaseo de la Castellana, 162E-28046 MadridFax: (34-1) 563 18 23/349 38 31FRANCESetice8, rue de la Tour des DamesF-75436 Paris Cedex 09Télécopieur: (33-1) 44 63 26 59IRELANDLicensing UnitDepartment of Tourism and TradeKildare StreetIRL-Dublin 2Fax: (353-1) 676 61 54ITALIAMinistero del Commercio con l'esteroDirezione generale per la politica commerciale e per la gestione del regime degli scambiViale America 341I-00144 RomaTelefax: (39-6) 59 93 22 35/59 93 26 36LUXEMBOURGMinistère des affaires étrangèresOffice des licencesBoîte postale 113L-2011 LuxembourgTélécopieur: (352) 46 61 38NEDERLANDCentrale Dienst voor In- en UitvoerPostbus 30003Engelse Kamp 2NL-9700 RD GroningenFax: (31-50) 526 06 98ÖSTERREICHBundesministerium für wirtschaftliche AngelegenheitenAußenwirtschaftsadministrationLandstrasser Hauptstraße 55-57A-1030 WienFax: (43-1) 715 83 47PORTUGALDirecção-Geral do Comércio ExternoAvenida da República, 79P-1000 LisboaTelefax: (351-1) 793 22 10SUOMITullihallitusPL 512FIN-00101 HelsinkiTelekopio: +358-9 614 2852SVERIGEKommerskollegiumBox 6803S-113 86 StockholmFax: (46-8) 30 67 59UNITED KINGDOMDepartment of Trade and IndustryImport Licensing BranchQueensway House, West PrecinctBillingham TS23 2NFClevelandFax: (44) 1642 533 557PROTOCOL B Competition, State aid and environmental protection in respect of the products covered by this Agreement TITLE I OBJECTIVES Article 1The aims of this Protocol shall be:- to facilitate the achievement of appropriate market conditions for liberalization of trade in steel products through the progressive application of equivalent disciplines in respect of competition, State aid and environmental protection which are compatible with those in the Community, and- to establish a framework for measuring progress towards the removal of restrictions on competition by enterprises or caused by State intervention in so far as they affect the trade between the Parties in the steel products covered by the Agreement.TITLE II COMPETITION AND STATE AID Article 21. The Community declares that for the ECSC steel sector, the following practices are incompatible with Community law:(i) all agreements of cooperative or concentrative nature between undertakings, decisions by association of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;(ii) abuse by one or more undertakings of a dominant position;(iii) State aid in any form whatsoever except derogations allowed pursuant to the ECSC Treaty and secondary legislation.2. The Russian Federation declares that in working towards the removal of restrictions on competition as foreseen by Article 53 of the Agreement on Partnership and Cooperation and the establishment of compatible disciplines as meant in Article 1 of this Protocol, it recognises the following to be incompatible with the good functioning of this Agreement:(i) agreements between competing undertakings that have cumulative market shares of the product in question of more than 35 %, as well as agreements between non-competing undertakings, one of which has a dominant position and the other is a supplier or buyer, where such agreements lead to restrictions in competition;(ii) abuse by one or more undertakings of a dominant position;(iii) State aid in any form whatsoever except aid for research and development, environmental protection or for the closure of plant or for appropriately defined measures in respect of social support in the context of these closures.Article 31. By the end of the third year after the entry into force of the agreement, the Parties will agree the necessary rules and measures for the implementation of Article 2 paragraph 2 in respect of the products covered by this Agreement by means of an Agreement in the Form of an Exchange of Letters.2. No later than six months before the expiry of the Agreement, the Parties shall apply compatible disciplines in respect of competition, State aid and environmental protection, in so far as they may affect trade between the Community and Russia in respect of the products covered by this Agreement.Article 41. The Parties shall ensure transparency in the area of State aid within their respective territories, inter alia, by provision of relevant information to the coal and steel Contact Group established by the Interim Agreement on trade and trade-related matters between the Parties. Either of the Parties may raise in the coal and steel Contact Group any matter relating to aid which it considers to be incompatible with this Agreement.2. In the implementation of the provisions foreseen by Articles 2 and 3, the Parties agree to cooperate closely and to keep each other fully informed of all legislative proposals prior to their coming into force.Article 51. The Parties recognize that during a transitional period expiring five years after the entry into force of this Agreement, and by way of derogation from Article 2 (2) (iii) of this Protocol, Russia may grant State aid on an exceptional basis for restructuring purposes for individual steel firms, provided that:- transparency is ensured by a full and continuous exchange of information concerning the implementation of the overall restructuring programme, and shall include details of the amount, intensity and purposes of the aid for the benefiting firm as well as the restructuring plan of the benefiting firm; and- the restructuring of the benefiting firm takes place within the context of the overall restructuring programme leading to rationalization and a reduction of capacity to produce hot-rolled products; and- the aid to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, and- the amount of aid granted is not out of proportion to its objectives and is strictly limited, in amount and intensity, to what is absolutely necessary to bring about or restore viability.2. Russia shall inform the Community in sufficient time of any aid proposed to be granted under this Article and will provide the Community with all the necessary information which is required in order to assess whether the aid and the restructuring meet the criteria above.TITLE III ENVIRONMENTAL PROTECTION Article 61. The Parties agree to cooperate in order to combat the deterioration of the environment, resulting from activities in the steel sector, including on the basis of the environmental provisions of the Partnership and Cooperation Agreement.2. The Parties agree to keep each other fully informed of major environmental problems in the steel sector within their respective territories by way of providing the relevant information to the coal and steel Contact Group.3. The Parties shall comply with the relevant international environmental agreements to which they are already Parties applying, inter alia, to activities in the steel sector. The Parties endeavour to join and to implement other such agreements. These abovementioned agreements include, in particular, the 1979 Convention on long range transboundary air pollution and its protocols, the 1991 Convention on environmental impact assessment in a transboundary context, the 1992 Convention on the protection and use of transboundary watercourses and international lakes, the 1992 Convention on transboundary effects of industrial accidents, and the 1992 Framework Convention on climate change.TITLE IV TECHNICAL COOPERATION Article 7The Community will provide within available resources technical assistance to Russia for the implementation of this Protocol, in particular for the development of rules on competition and State aid and elaboration of the necessary implementation mechanisms.Declaration by the European Coal and Steel Community on Article 3 of Protocol B The Community declares that, until the entry into force of the provisions referred to in Article 3 (1) of Protocol B, it will measure any practices relating to Article 2 on the basis of the criteria resulting from the rules contained in Articles 85, 86 and 92 of the Treaty establishing the European Community, Articles 65 and 66 of the Treaty establishing the European Coal and Steel Community and the Community rules on State aids, including secondary legislation.In particular, the Community considers as State aid any aid which is granted by federal, State, regional or local authorities. It also considers that State aid shall include, inter alia, acquisitions of shareholdings or provisions of capital or similar financing which cannot be regarded as a genuine provision of risk capital according to usual investment practice in a market economy.