Proposal for a Council Regulation on administering the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Kazakhstan to the European Union
Date: 1999-12-09
Institutions: European Commission
Subjects: Kazakhstan, export monitoring, form, iron and steel product, trade agreement (EU)

I/222-EN-02-04

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 09.12.1999
COM(1999)555 final

1999/0227 (ACC)

Proposal for a

COUNCIL REGULATION

on administering the double-checking system without quantitative limits in
respect of the export of certain steel products covered by the EC and ECSC
Treaties from Kazakhstan to the European Union

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Community’s Partnership and Cooperation Agreement with Kazakhstan provides
for agreements on quantitative arrangements concerning exchanges of ECSC steel
products.

On 19 July 1999, Kazakh and Commission negotiators concluded lengthy
is intended to
negotiations on the attached proposal. The new ECSC agreement
establish a structured framework for, on the one hand, progressive liberalisation of
trade in steel products and, on the other hand, progressive adaptation of Kazakhstan’s
steel sector to normal competitive conditions, particularly in the areas of competition
policy, state aid and environmental protection.

The new ECSC agreement covers the period 2000-2001. It contains provisions for
reviewing Kazakhstan’s progress towards fulfilling the conditions for complete
liberalisation. There is also a review clause in the event that Kazakhstan joins the
WTO during the period covered by the agreement.

During the negotiations on the new ECSC steel Agreement, the Parties agreed to
establish a double-checking system without quantitative limitations in order to
monitor the trade in certain EC and ECSC Treaty steel products which fall outside the
scope of the ECSC Agreement. The aim of the double-checking system is to improve
transparency and to avoid possible diversions of trade. It is without prejudice to the
application of the relevant provisions of the agreements on trade and trade-related
matters, in particular those relating to anti-dumping and safeguard measures.

The double-checking system should enter into force at the same time as the new
ECSC steel agreement. It would apply for the period 2000-2001. It will be established
by means of an Agreement in the form of an Exchange of Letters.

2

1999/0227 (ACC)

Proposal for a

COUNCIL REGULATION

on administering the double-checking system without quantitative limits in
respect of the export of certain steel products covered by the EC and ECSC
Treaties from Kazakhstan to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to the proposal from the Commission,

(1) Whereas the Partnership and Cooperation Agreement between the Parties

signed on 23 January 1995 has entered into force on 1 July 1999,

(2) Whereas the situation relating to imports of certain steel products from the
Republic of Kazkhstan into the Community has been the subject of thorough
examination and whereas on the basis of relevant information supplied to
them, the Parties have concluded an Agreement in the form of an Exchange of
Letters1 which establishes a double-checking system without quantitative
limits for the period between the date of entry into force of this Regulation and
31 December 2001, unless both Parties agree to terminate the system earlier,

(3)

Since the measures necessary for the implementation of this Regulation are
management measures within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission2, they should be adopted
by use of the management procedure provided for in Article 4 of that
Decision.

HAS ADOPTED THIS REGULATION:

1.

1

2

Article 1

For the period running from the date on which this Regulation enters into
force to 31 December 2001, in accordance with the provisions of the above-
mentioned Agreement in the form of an Exchange of Letters, imports into the

See page ... of this Official Journal.
OJ L 184, 17.7.1999, p. 23.

3

2.

3.

4.

5.

6.

1.

2.

Community of certain iron and steel products covered by the EC and ECSC
Treaties originating in the Republic of Kazakhstan, as listed in Appendix I,
shall be subject to the presentation of a surveillance document conforming to
the model shown at Appendix II issued by the authorities in the Community.

For the period running from the date on which this Regulation enters into
force to 31 December 2001, imports into the Community of the iron and steel
products originating in the Republic of Kazakhstan and listed in Appendix I
shall, in addition, be subject to the issue of an export document issued by the
competent Kazakh authorities. The export document shall conform to the
model shown in Appendix III. It shall be valid for exports throughout the
customs territory of the Community. 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.

An export document will not be required for goods originating in the
Republic of Kazakhstan already shipped before the date on which this
Regulation enters into force, 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 applicable in 1997, could be
imported only on presentation of a surveillance document are in fact
accompanied by such a document.

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

The classification of the products covered by this Regulation is based on the
tariff and statistical nomenclature of the Community (hereinafter called the
'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 the Community.

The competent authorities of the Community undertake to inform the
Republic of Kazakhstan of any changes in the Combined Nomenclature (CN)
in respect of products covered by this Agreement before their date of entry
into force in the Community.

Article 2

referred to in Article 1 shall be issued
The surveillance document
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.

A surveillance document issued by one of the competent national authorities
listed in Appendix IV shall be valid throughout the Community.

4

3.

The importer's application for a surveillance document shall include the
following elements:

(a)

(b)

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;

if applicable,
representative of the applicant (including telephone and fax numbers);

the name and full address of

the declarant or

(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)

(f)

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

the c.i.f. value of the goods in EUR at the Community frontier by
combined nomenclature heading;

(g) whether the products concerned are seconds or of substandard quality3;

(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.`
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.

Surveillance documents may be used only for such time as arrangements for
liberalisation of imports remain in force in respect of the transactions
concerned. Without prejudice to possible changes in the import regulations in

Under the criteria given in Commission communication concerning identification criteria of
non-prime steel products from third countries applied by customs services of Member States
(OJ C 180, 11.7.91, p. 4.).

5

4.

3

force or decisions taken in the framework of an agreement or
management of a quota:

the

–

–

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.

The importer shall return surveillance documents to the issuing authority at
the end of their period of validity.

Article 3

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

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

Article 4

Within the first 10 days of each month,
communicate to the Commission:

the Member States shall

(a)

(b)

details of the quantities and values (calculated in
documents were issued during the preceding month;

€

) for which import

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.

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 an import document.

5.

1.

2.

1.

2.

Article 5

Any notices to be given hereunder shall be given to the Commission of the European
Communities and 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.

6

Article 6

Committee

The Commission shall be assisted by the committee instituted by Article 6 of

1.
Council Regulation n° 1997/1526/EC of 28 June 19974.

Where reference is made to this paragraph, the management procedure laid
in compliance with

2.
down in Article 4 of Decision 1999/468/EC shall apply,
Article 7 (3) thereof.

The period provided for in Article 4 (3) of Decision 1999/468/EC shall be

3.
three months.

Article 7

Final provisions

Amendments to the Appendices which may be necessary to take into account
modifications to the Annex or appendices attached to the Agreement in the Form of
an Exchange of Letters between the European Community and the Republic of
Kazakhstan, or amendments made to Community rules on statistics, customs
arrangements, common rules for imports or import surveillance, shall be adopted in
accordance with the procedure laid down in Article 6 (2).

This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities.

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

Done at Brussels,

For the Council
The President

4

OJ L 210, 04.08.1997, p.1

7

APPENDIX I

List of products subject to double-checking without quantitative limits

Cold-rolled narrow strip of a width not exceeding 500mm

Kazakhstan

7211 23 99

7211 29 50

7211 29 90

7211 90 90

Grain non-oriented electrical sheet

7211 23 91

7225 19 10

7225 19 90

7226 19 10

7226 19 30

7226 19 90

Grain-oriented electrical sheet

7226 11 90

8

APPENDIX II

EUROPEAN COMMUNITY

SURVEILLANCE DOCUMENT

1

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)

y
p
o
c

s
’
r
e
d
l
o
H

1

5. Declarant/representative as applicable

(name and full address)

6. Country of origin

(and geonomenclature code)

7. Country of consignment

(and geonomenclature code)

8. Last day of validity

9. Description of goods

10. CN code and category

11. Quantity in kilograms (net mass) or
in additional units

12. Value in euros, cif at Community
frontier

13. Additional remarks

14. Competent authority’s endorsement

Date :

Signature:

Stamp:

9

15. ATTRIBUTIONS

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

20. Name, Member State, stamp and
attributing

the

of

signature
authority

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

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

10

EUROPEAN COMMUNITY

SURVEILLANCE DOCUMENT

2

1. Consignee (name, full address, country, VAT number)

2. Issue number

y
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2

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 geonomenclature code)

7. Country of consignment

(and geonomenclature code)

8. Last day of validity

9. Description of goods

10. CN code and category

11. Quantity in kilograms (net mass) or
in additional units

12. Value in euros, cif at Community
frontier

13. Additional remarks

14. Competent authority’s endorsement

Date :

Signature:

Stamp:

11

15. ATTRIBUTIONS

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

20. Name, Member State, stamp and
attributing

the

of

signature
authority

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

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

12

1 Exporter (name, full address, country)

ORIGINAL

2

No

APPENDIX III

3 Year

4 Product group

5 Consignee (name, full address, country)

EXPORT DOCUMENT

(ECSC and EC steel products)

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 CN code

12 Quantity(1)

13 Fob value(2)

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14 CERTIFICATION BY THE COMPETENT AUTHORITY

15 Competent authority (name, full address,
country)

At …………………………………. on ………………………………………

(Signature)

(Stamp)

13

1 Exporter (name, full address, country)

COPY

2

No

3 Year

4 Product group

5 Consignee (name, full address, country)

EXPORT DOCUMENT

(ECSC and EC steel products)

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 CN code

12 Quantity(1)

13 Fob value(2)

14 CERTIFICATION BY THE COMPETENT AUTHORITY

15 Competent authority (name, full address,
country)

At …………………………………. on ………………………………………

(Signature)

(Stamp)

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14

APPENDIX IV

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
∆ΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚ∆ΟΣΗΣ Α∆ΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
LISTE DES AUTORITES NATIONALES COMPETENTES
ELENCO DELLE COMPETENTI AUTORITA NAZIONALI
LIJST VAN BEVOEGDE NATIONALE INSTANTIES
LISTA DAS AUTORIDADES NACIONAIS COMPETENTES
LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA
LISTA ÖVER KOMPETENTA NATIONELLA MYNDIGHETER
LIST OF THE COMPETENT NATIONAL AUTHORITIES

BELGIQUE/BELGIË
Ministère des Affaires Economiques
Administration des Relations Economiques
Services Licences
Rue Général Leman 60
B-1040 Bruxelles
Fax: +32-2-230 83 22

Ministerie van Economische Zaken
Bestuur van de Economische Betrekkingen
Dienst Vergunningen
Generaal Lemanstraat 60
B-1040 Brussel
Fax: +32-2-230 83 22

DANMARK
Erhvervsfremme Styrelsen
Søndergade 25
DK-8600 Silkeborg
Fax : +45-87 20 40 77

DEUTSCHLAND
Bundesamt für Wirtschaft, Dienst 01
Postfach 5171
D-65762 Eschborn 1
Fax : +49-61 96 40 42 12
ΕΛΛΑΣ
Υπουργείο Εθνικής Οικονοµίας
Γενική Γραµµατεία ∆
.
∆ιεύθυνση ∆ιαδικασιών Εξωτερικού
Εµπορίου
Κορναρου

Ο
.

Σ

1
Αθήνα
GR-105 63
Fax : +301-3286029/3286059/3286039
ESPAÑA
Ministerio de Economía y Hacienda
Dirección General de Comercio Exterior
Paseo de la Castellana 162
E-28046 Madrid
Fax : +34-1-563 18 23/349 38 31

FRANCE
Service des Industries Manufacturières
3-5, rue Barbet de Jouy
F-75357 Paris 07 SP
Fax: +33-1-43 19 43 69

IRELAND
Licensing Unit
Department of Enterprise, Trade and Employment
Kildare Street
IRL-Dublin 2
Fax : +353-1-631 28 26

ITALIA
Ministero del Commercio con l’Estero
Direzione gnerale per la politica commerciale e per
la gestione del regime degli scambi
Viale America 341
I-00144 Roma
Fax : +39-6-59 93 22 35 / 59 93 26 36
LUXEMBOURG
Ministère des affaires étrangères
Office des licences
BP 113
L-2011 Luxembourg
Téléfax : +352-46 61 38
NEDERLAND
Centrale Dienst voor In- en Uitvoer
Postbus 30003, Engelse Kamp 2
NL-9700 RD Groningen
Fax : 31-50 526 06 98

ÖSTERREICH
Bundesministerium für wirtschaftliche
Angelegenheiten
Aussenwirtschaftsadministration
Landstrasser Hauptstrasse 55-57
A-1030 Wien
Fax: 43-1-715 83 47

15

PORTUGAL
Ministério da Economia
Direcção-Geral das Relações Económicas
Internacionais
Av. da República, 79
P-1000 Lisboa
Fax : 351-1-793 22 10
SUOMI
Tullihallitus
PL 512
FIN-00101 Helsinki
Telekopio: + 358 9 614 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, Cleveland
UK-TS23 2NF
Fax : 44-1642-533 557

16

FINANCIAL STATEMENT

1.

2.

3.

Budget heading involved:

Chapter 12

Legal Basis:

Article 95 ECSC

Title of measure:

Agreement between the European Coal and Steel Community and
Kazakhstan on trade in certain steel products. (The double-checking system
without quantitative limitations has no financial
the
Community budget).

implications for

4.

Purpose:

To conclude a new steel agreement with Kazakhstan establishing quantitative
limits on the amount of certain ECSC steel products which can be imported
into the Community in the period 2000-2001.

5.

Method of calculation:

The average duty in respect of the products in question is, for the twoyears
covered by the agreements: 1.5% and 1.0% (in line with Uruguay Round
commitments).

Applying the average duty to the quantities foreseen in the agreements at
€
/tonne gives the following theoretical net gain
present average values of 260
to the Community's resources:

€

Kazakhstan:

305 312 in 2000 and

€

208 629 in 2001.

17