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 Ukraine to the European Community
Date: 2002-01-07
Institutions: European Commission
Subjects: USSR, export monitoring, iron and steel product, quantitative restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.1.2002
COM(2001) 817 final

2002/0003 (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 Ukraine
to the European Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Community’s  Partnership  and  Cooperation  Agreement  with  Ukraine  provides  for
agreements on quantitative arrangements concerning exchanges of ECSC steel products.  The
current  ECSC  Steel  Agreement  expires  on  31  December  2001.    Moreover,  certain  steel
products which fall outside the scope of the Steel Agreement are subject to a double-checking
system  without  quantitative  limitations.    This  double-checking  system  also  ends  on  31
December 2001.

During the negotiations on the new ECSC steel Agreement, the Parties agreed to re-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 would apply for the period 2002-2004. It will be established by
means of an Agreement in the form of an Exchange of Letters.

2

2002/0003 (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 Ukraine
to the European Community

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,

Whereas:

(1) 

(2) 

(3) 

The  Partnership  and  Cooperation  Agreement    establishing  a  partnership  between  the
European Communities and their Member States, of the one part, and Ukraine, of the
other part 1, entered into force on 1 March 1998,

The  European  Community  and  the  Government  of  Ukraine  agreed  to  establish  a
double-checking system in respect of certain steel products for the period ranging from
1  July  1997  to  31  December  1999.    This  Agreement  in  the  form  an  Exchange  of
Letters  was  approved  on  behalf  of  the  European  Community  by  means  of  Council
Decision 97/481/EC2.  The system was extended for the period ranging from 1 January
2000  to  31  December  2001  by  means  of  Council  Decision  2000/202/EC3.    Council
Regulation  (EC)  N°1526/974,  extended  by  Council  Regulation  (EC)  N°  501/20005,
established the corresponding implementing legislation for the Community,

The  situation  relating  to  imports  of  certain  steel  products  from  Ukraine  into  the
Community has been the subject of thorough examination and on the basis of relevant
information supplied to them, the Parties have concluded an Agreement in the form of
an  Exchange  of  Letters6  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 2004, unless both Parties agree to terminate the system earlier,

(4) 

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

1
2 
3 
4 
5 
6

 OJ L 49, 19.2.1998, p.3
OJ L 210, 4.8.1997, p. 15
OJ L 62, 9.3.2000, p. 25
OJ L 210, 4.8.1997, p. 30
OJ L 62, 9.3.2000, p. 1
See page ... of this Official Journal.

3

                                                
implementing powers conferred on the Commission7, they should be adopted by use of
the management procedure provided for in Article 4 of that Decision.

HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

3.

4.

5.

For the period running from the date on which this Regulation enters into force to 31
December  2004,  in  accordance  with  the  provisions  of    the  above-mentioned
Agreement  in  the  form  of  an  Exchange  of  Letters,  imports  into  the  Community  of
certain iron and steel products covered by the EC and ECSC Treaties originating in
Ukraine, 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  2004,  imports  into  the  Community  of  the  iron  and  steel  products
originating in  Ukraine and listed  in Appendix  I  shall,  in  addition,  be  subject  to  the
issue  of  an  export  document  issued  by    the  competent  Ukrainian  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.

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  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.

Article 2

1.  

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

7 

OJ L 184, 17.7.1999, p. 23.

4

                                                
2.  

3.  

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

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

(a)

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

(b)

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

(c)

the full name and address of the exporter;

(d)

the exact description of the goods, including -  their trade name,

– 

– 

– 

the combined nomenclature (CN) code(s),

the country of origin,

the country of consignment;

(e)

(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 quality8 ;

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

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  N°  C  180,
11.7.1991, p. 4.).

5

4.

8 

                                                
– 

– 

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, the Member States shall communicate to the
Commission:

(a)

(b)

details  of  the  quantities  and  values  (calculated  in  EUR)  for  which  import
documents were issued during the preceding month;

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

1.

2.

3.

The  Commission  shall  be  assisted    by  a  management  committee  composed  of
representatives  of  the  Member  States  and  chaired  by  a  representative  of    the
Commission.

Where reference is made to this paragraph, the management procedure laid down in
Article  4  of  Decision  1999/468/EC 
in  compliance  with
Article 7 (3) thereof.

shall  apply, 

The  period  provided  for  in  Article  4  (3)  of  Decision  1999/468/EC  shall  be  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 Ukraine, 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  that  of  its  publication  in  the
Official Journal of the European Communities.

It shall apply with effect from 1 January 2002.

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

Done at Brussels,

For the Council
The President

7

APPENDIX I

List of products subject to double-checking without quantitative limits

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

Ukraine

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

Ingots and other primary forms

7218 10 00

7224 10 00

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
t
i
r
o
h
t
u
a
g
n
u
s
s
i

i

e
h
t

r
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f

y
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C

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
FÖRTECKNING ÖVER BEHÖRIGA 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
Erhvervsministeriet
Vejlsøvej 29
DK-8600 Silkeborg
Fax: +45 35 46 64 01

FRANCE
Service des Industries Manufacturières
DIGITIP
12, rue Villiot – Bâtiment LE BERVIL
F-75572 Paris cedex 12
Fax: +33-1-53 44 91 81

IRELAND
Department of Enterprise, Trade and Employment
Import/ Export Licensing, Block C
Earlsfort Centre
Hatch Street
Dublin 2
Fax : +353-1-631 28 26

ITALIA
Ministero delle Attivita Produttive
Direzione generale 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

DEUTSCHLAND
Bundesamt für Wirtschaft und Ausfuhrkontrolle,
(BAFA)
Frankfurter Strasse 29-35
D-65760 Eschborn 1
Fax : +49-61 96 9 42 26

LUXEMBOURG
Ministère des affaires étrangères
Office des licences
BP 113
L-2011 Luxembourg
Téléfax : +352-46 61 38

ΕΛΛΑΣ
Υπουργείο Εθνικής Οικονοµίας
Γενική Γραµµατεία ∆ιεθνών Σχέσεων
∆ιεύθυνση ∆ιεθνών Οικονοµικών Ροών
Κορνάρου 1
GR-105 63 Αθήνα
Fax : +301-3286094

ESPAÑA
Ministerio de Economía
Secretaría General de Comercio Exterior
Paseo de la Castellana 162
E-28046 Madrid
Fax : +34-1-563 18 23/349 38 31

NEDERLAND
Belastingdienst/Douane  centrale  dienst  voor  in-  en
uitvoer
Postbus 30003, Engelse Kamp 2
NL-9700 RD Groningen
Fax : +31-50 526 06 98
m.i.v. 18.01.2002
Fax :  +31-50 5232341

ÖSTERREICH
Bundesministerium für Wirtschaft und Arbeit
Aussenwirtschaftsadministration
Landstrasser Hauptstrasse 55-57
A-1030 Wien
Fax: +43-1-711 00/8386

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 2852

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 133 EC

Title of measure:

Agreement in the form of an Exchange of Letters between the European Community
and  the  Government  of  Ukraine  establishing  a  double-checking  system  without
quantitative limits in respect of the export of certain steel products covered by the EC
and ECSC Treaties from the Ukraine to the European Community.

4.

Purpose:

To  establish  a  double-checking  system  without  quantitative  limits  in  respect  of  the
export  of  certain  steel  products  covered  by  the  EC  and  ECSC  Treaties  from  the
Ukraine to the European Community.

5.

Method of calculation:

The  double-checking  system  without  quantitative  limitations  has  no  financial
implications for the Community budget.

17