Commission Decision No 244/2001/ECSC of 5 February 2001 amending Decision No 2136/97/ECSC on administering certain restrictions on imports of certain steel products from the Russian Federation
Date: 2001-02-05
Institutions: European Commission
Subjects: Russia, import (EU), import restriction, iron and steel product, originating product, quantitative restriction, trade agreement (EU)

L 35/16

EN

Official Journal of the European Communities

6.2.2001

COMMISSION DECISION No 244/2001/ECSC

of 5 February 2001

amending Decision No 2136/97/ECSC on administering certain restrictions on imports of certain
steel products from the Russian Federation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and
Steel Community, and in particular the first paragraph of
Article 95 thereof,

consulting the ECSC Consultative Committee and

After
obtaining the unanimous agreement of the Council,

Whereas:

(1)

(2)

implements

Commission Decision No 2136/97/ECSC of 12
September 1997 on administering certain restrictions on
imports of certain steel products from the Russian
Federation (1), as last amended by Decision No 659/
2000/ECSC (2),
in Community law the
provisions of the Agreement between the European Coal
and Steel Community and the Russian Federation on
trade in certain steel products (3) (hereinafter referred to
as the ‘Steel Agreement’). The Steel Agreement was
concluded in the wider framework of the Agreement on
partnership and cooperation (PCA) establishing a part-
nership between the European Communities and their
Member States, of the one part, and the Russian Federa-
the other part, as specified in Article 21
tion, of
thereto (4).

Several declarations are attached to the Steel Agreement
as integral parts thereof. Declaration No 3, in particular,
states that ‘in the context of the Agreement [...], 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 [...]’.

(4)

(5)

(6)

(7)

107(2) of the PCA states that, ‘if either Party considers
that the other Party has failed to fulfil an obligation
under the Agreement, it may take appropriate measures.
Before so doing, except in cases of special urgency, it
shall supply the Cooperation Council with all relevant
information required for a thorough examination of the
situation with a view to seeking a solution acceptable to
the Parties’.

On 16 April 1999, the Russian Government adopted a
imposing a 15 % customs duty (with a
decree (5)
minimum charge of EUR 15/tonne) on exports of iron
and steel scrap for a period of six months. According to
the decree, this measure was intended to prevent diver-
sion of the raw materials needed for steel production
and to maintain minimum levels of production from
Russian steel plants. On 28 October 1999 (6)
the
Russian Government
decree
extended
imposing a customs duty on exports of iron and steel
scrap by an additional six months.

initial

the

The aim and effect of the above decrees is to restrict
exports of the products concerned from the Russian
Federation, and they are therefore indirectly prejudicial
to the Community's steel

industry.

On several occasions, within the appropriate forums set
up by the Steel Agreement and the PCA, the Community
formally drew the attention of the Russian authorities to
the incompatibility of the decree with the provisions of
the Steel Agreement and demanded that the export tax
on iron scrap be dropped forthwith.

As these consultations failed to find a solution accept-
able to either Party, the Community decided that appro-
priate trade counter-measures should be taken for as
long as the Russian Federation maintained its persistent
In
breach of the provisions of the Steel Agreement.
accordance with Article 107(2) of
the
Community reduced for 2000 the quantitative limits
applying to its import of certain steel products from the
Russian Federation (7) by 12 % of the quantities provided
for in Annex IV to Decision No 2136/97/ECSC. This
reduction constituted a proportionate response to the
abovementioned infringement.

the PCA,

(3)

For the purposes of dispute settlement and trade sanc-
tions, the relevant procedures in the PCA apply to areas
covered by the Steel Agreement. In particular, Article

(1) OJ L 300, 4.11.1997, p. 15.
(2) OJ L 80, 31.3.2000, p. 13.
(3) OJ L 300, 4.11.1997, p. 52.
(4) OJ L 327, 28.11.1997, p. 3.

(8)

On 15 April 2000, the Russian Government extended
the measure contested by the Community indefinitely (8).

(5) Decree No 441 of 16.4.1999 of the Government of the Russian

Federation.

(6) Decree No 1198 of 28.11.1999 of the Government of the Russian

Federation.

(7) Commission Decision No 659/2000/ECSC (OJ L 80, 31.3.2000,

p. 13).

(8) Decision No 351 of 15.4.2000 of the Government of the Russian

Federation.

6.2.2001

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Official Journal of the European Communities

L 35/17

(9)

In view of the lack of progress towards settlement of the
dispute,
the Community should renew its counter-
measure and therefore reduce the quantitative limits
applying to its imports of certain steel imports from the
Russian Federation for 2001 by 12 % of the amounts
originally provided for in the Steel Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2

The Commission shall take appropriate measures to repeal this
Decision once the Russian Federation has taken the necessary
measures to meet
its obligations under Declaration No 3,
attached to the Agreement between the European Coal and
Steel Community and the Russian Federation on trade in
certain steel products.

Article 3

The quantitative limits for 2001 in Annex IV to Decision No
2136/97/ECSC are replaced by those set out in the Annex to
this Decision.

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

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

Done at Brussels, 5 February 2001.

For the Commission

Pascal LAMY

Member of the Commission

ANNEX

Product

2001

(tonnes)

SA.

Flat products

SA1. Coils

SA1a. Hot-rolled coils for re-rolling

SA2. Heavy plate

SA3. Other flat products

SB.

Long products

SB1.

Beams

SB2. Wire rod

SB3. Other long products

206 459

407 495

30 961

28 125

11 941

27 862

103 840