Agreement in the form of an Exchange of Letters between the European Community and Ukraine extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community for the period from 1 January 2000 to 31 December 2001
Date: 2000-02-25
Institutions: European Community, Ukraine
Subjects: Russia, agreement (EU), export monitoring, iron and steel product, quantitative restriction

L 62/26

EN

Official Journal of the European Communities

9.3.2000

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community and Ukraine extending the double-checking system without
quantitative limits in respect of the export of certain steel products covered by the EC and ECSC
Treaties from Ukraine to the European Community for the period from 1 January 2000 to 31
December 2001

A. Letter from the Community

Brussels, 25 February 2000.

Sir,

1. I have the honour to refer to the Agreement in the Form of an Exchange of Letters between the
European Community and Ukraine of 15 July 1997, establishing a double-checking system, without
quantitative limits,
in respect of certain steel products covered by the EC and ECSC Treaties from
Ukraine to the European Community. The system entered into force on 5 August 1997 for the period
between that date and 31 December 1999.

2. Following a meeting of the representatives of the Contact Group on coal and steel matters on 18
October 1999 the Parties hereby agree to extend the double-checking system, without quantitative
limits, in respect of the export of certain steel products for the period between 1 January 2000 and 31
December 2001 in order to improve transparency and to avoid possible diversions of trade. The details
of the double-checking system are annexed to this letter.

3. The present Exchange of Letters is without prejudice to the application of the relevant provisions of the
bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and
safeguard measures.

4. Either Party may at any time propose modifications to the Annex or its appendices which shall require
the mutual consent of the Parties and shall take effect as agreed by them. In the event that anti-dumping
or safeguard investigations are initiated or measures introduced in the European Community concerning
a product under the double-checking system, Ukraine will decide whether to exclude the product in
question from the double-checking system. Such a decision shall not affect the entry into free circulation
of the product in question into the Community.

5. In conclusion, I have the honour to propose that if this letter, its annex and appendices are acceptable to
your Government, this letter and your confirmation shall together constitute an agreement between the
European Community and Ukraine, which shall enter into force on the date of your reply.

Please accept, Sir, the assurance of my highest consideration,

For the Council of the European Union

9.3.2000

EN

Official Journal of the European Communities

L 62/27

ANNEX

1.1. For the period running from 1 January 2000 to 31 December 2001, unless both Parties agree to terminate the
system earlier, imports into the Community of the products listed in Appendix I originating in Ukraine 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.

1.2. For the period running from 1 January 2000 to 31 December 2001, unless both Parties agree to terminate the
system earlier, imports into the Community of the products listed in Appendix I and which originate in Ukraine
shall, in addition, be subject to the issue of an export document by the competent Ukrainian authorities. 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.

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

1.4. 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.

1.5. Ukraine shall notify the Commission of the European Communities of the names and addresses of the appropriate
Ukrainian governmental authorities which are authorised to issue and to verify export documents together with
specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in these
particulars.

1.6. 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’). The origin of the
products covered by this Agreement shall be determined in accordance with the rules in force in the Community.

1.7. The competent authorities of the Community undertake to inform Ukraine 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.

1.8. Certain technical provisions on the implementation of the double-checking system are set out in Appendix IV.

2.1. Ukraine undertakes to supply the Community with precise statistical information on the export documents issued by
the Ukrainian authorities pursuant to 1.2. Such information shall be transmitted to the Community by the end of the
month following the month to which the statistics relate.

2.2. The Community undertakes to supply the Ukrainian authorities with precise statistical information on surveillance
documents issued by Member States in respect of the export documents issued by the Ukrainian authorities pursuant
to 1.1. Such information shall be transmitted to the Ukrainian authorities by the end of the month following the
month to which the statistics relate.

3.

If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the
operation of the Agreement in the form of an Exchange of Letters. Such consultations shall be held promptly. Any
consultations held under this paragraph shall be approached by both Parties in a spirit of cooperation and with a
desire to reconcile the difference between them.

4. Any notices to be given hereunder shall be given:

— in respect of the Community, to the Commission of the European Communities (DG TRADE D.2 and DG ENTRE

E.2),

— in respect of Ukraine, to the Mission of Ukraine to the European Communities.

L 62/28

EN

Official Journal of the European Communities

9.3.2000

APPENDIX I

List of products subject to double-checking without quantitative limits

UKRAINE

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

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

EUROPEAN COMMUNITY

SURVEILLANCE DOCUMENT

APPENDIX II

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 geonomenclature code)

7. Country of consignment

(and geonomenclature code)

8. Last day of validity

9. Description of goods

10. CN code and category

1

y
p
o
c

s
’
r
e
d
l
o
H

1

11. Quantity in kilograms (net mass) or in

additional units

12. Value in euro, cif at Community frontier

13. Additional remarks

14. Competent authority’s endorsement

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stamp:

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)

17. In figures

18. In words for the quantity attributed

19. Customs document

20. Name, Member State, stamp and

(form and number) or
extract No and date
of attribution

signature of the attributing authority

1

2

1

2

1

2

1

2

1

2

1

2

1

2

Extension pages to be attached hereto.

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 geonomenclature code)

7. Country of consignment

(and geonomenclature code)

8. Last day of validity

9. Description of goods

10. CN code and category

2

y
t
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h
t
u
a

g
n
i
u
s
s
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r
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f

y
p
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C

2

11. Quantity in kilograms (net mass) or in

additional units

12. Value in euro, cif at Community frontier

13. Additional remarks

14. Competent authority’s endorsement

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stamp:

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)

17. In figures

18. In words for the quantity attributed

19. Customs document

20. Name, Member State, stamp and

(form and number) or
extract No and date
of attribution

signature of the attributing authority

1

2

1

2

1

2

1

2

1

2

1

2

1

2

Extension pages to be attached hereto.

1. Exporter (name, full address, country)

APPENDIX III

O R I G I N A L

2.

No

3. Year

4. Product group

5. Consignee (name, full address, country)

E X P O R T D O C U M E N T

(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)

1. Exporter (name, full address, country)

C O P Y

2.

No

3. Year

4. Product group

5. Consignee (name, full address, country)

E X P O R T D O C U M E N T

(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)

9.3.2000

EN

Official Journal of the European Communities

L 62/39

APPENDIX IV

UKRAINE

Technical Annex on the double-checking system

1. The export 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. They shall be made out in English. If they are
completed by hand, entries must be in ink and in printed script. These documents may comprise additional copies
duly indicated as such. If the documents have several copies only the top copy is the original. This copy shall be clearly
marked as ‘original’ and other copies as ‘copies’. Only the original shall be accepted by the competent authorities of the
Community as being valid for the control of export to the Community in accordance with the provisions of the
double-checking system.

2. Each document shall bear a standardised 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: UA,

— two letters identifying the intended Member State of customs clearance 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 year, corresponding to the last figure in the respective year, e.g. 0 for 2000,

— 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.

3. The export documents shall be valid for the calendar year during which they are issued, as shown in Box No 3 of the

export document.

4. Since the importer needs to present the original export document when requesting an import document, export
documents should, as far as possible, be issued in respect of individual commercial transactions, not global contracts.

5. Ukraine need not show price information on the export document, but that information is available to the competent

Commission authorities on request.

6. Export documents may be issued after the shipment of the products to which they relate. In such cases they must bear

the endorsement ‘issued retrospectively’.

7. In the event of a theft,

loss or destruction of an export document, the exporter may apply to the competent
governmental authority 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 document so issued shall bear the endorsement ‘duplicate’. The
duplicate shall bear the date of the original export document.

8. The competent authorities of the Community shall be informed immediately of the withdrawal or modification of any

export documents already issued and, where relevant, of the basis for such action.

L 62/40

EN

Official Journal of the European Communities

9.3.2000

B. Letter from the Government of Ukraine

25 February 2000 Brussels.

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘1. I have the honour to refer to the Agreement in the Form of an Exchange of Letters between the
European Community and Ukraine of 15 July 1997, establishing a double-checking system, without
quantitative limits, in respect of certain steel products covered by the EC and ECSC Treaties from
Ukraine to the European Community. The system entered into force on 5 August 1997 for the
period between that date and 31 December 1999.

2. Following a meeting of the representatives of the Contact Group on coal and steel matters on 18
October 1999 the Parties hereby agree to extend the double-checking system, without quantitative
limits, in respect of the export of certain steel products for the period between 1 January 2000 and
31 December 2001 in order to improve transparency and to avoid possible diversions of trade. The
details of the double-checking system are annexed to this letter.

3. The present Exchange of Letters is without prejudice to the application of the relevant provisions of
in particular those relating to anti-

the bilateral agreements on trade and trade-related matters,
dumping and safeguard measures.

4. Either Party may at any time propose modifications to the Annex or its appendices which shall
require the mutual consent of the Parties and shall take effect as agreed by them. In the event that
anti-dumping or safeguard investigations are initiated or measures introduced in the European
Community concerning a product under the double-checking system, Ukraine will decide whether to
exclude the product in question from the double-checking system. Such a decision shall not affect
the entry into free circulation of the product in question into the Community.

5.

its annex and appendices are
In conclusion, I have the honour to propose that if this letter,
acceptable to your Government, this letter and your confirmation shall together constitute an
agreement between the European Community and Ukraine, which shall enter into force on the date
of your reply.’

I have the honour to confirm that the above is acceptable to my Government and that your letter, the
attached annex and appendices and this reply together constitute an agreement, in accordance with your
proposal.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Ukraine