Proposal for a Council Decision on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the export of certain steel products from Romania to the European Communities
Date: 2002-04-15
Institutions: European Commission
Subjects: Association Council (EU), Romania, agreement (EU), customs inspection, export, iron and steel product

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Official Journal of the European Communities

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Proposal for a Council Decision on the position to be taken by the Community within the
Association Council established by the Europe Agreement between the European Communities
and their Member States, of the one part, and Romania, of the other part, concerning the export of
certain steel products from Romania to the European Communities

(2002/C 262 E/10)

COM(2002) 188 final — 2002/0084(ACC)

(Submitted by the Commission on 15 April 2002)

EXPLANATORY MEMORANDUM

The aim of the double-checking system is to improve transparency and to avoid possible diversions of
trade. It is founded on the provision in the EU-Romania Europe Agreement (1) which allows either Party to
introduce an administrative procedure having as its purpose the rapid provision of information on the
trend of trade flows. In 1996 the Parties agreed to establish such a system in respect of Romanian exports
of certain steel products to the Community.

This double-checking system was extended by common agreement every year up to 2001 for a period
between 1 January and 31 December of the year in question. It expired on 31 December 2001.

At its meeting on 22 January 2002, the bilateral Contact Group agreed to recommend that the Association
Council should re-introduce the double-checking system in 2002.

The annexed proposal is intended to define the position to be adopted by the Community within the
EU-Romania Association Council with a view to re-introducing the double-checking system for the period
1 July to 31 December 2002.

(1) OJ L 357, 31.12.1994, p. 12.

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,

the Council and the
Having regard to the Decision of
Commission of 19 December 1994 on the conclusion of the
Europe Agreement between the European Communities and
their Member States, of the one part, and Romania, of the
other part, and in particular Article 2(1) thereof (1),

Whereas:

the

the

between

Europe Agreement

(1) The Contact Group referred to in Article 11 of Protocol 2
of
European
Communities and their Member States of the one part
and Romania of the other part, which entered into force
on 1 February 1995 (2), met on 22 January 2002 to discuss
trends in imports of steel products from Romania into the
in the context of Article 34(2) of that
Community and,
recognised the need for an administrative
Agreement,
procedure having as its purpose the rapid provision of
in order to
information on the trend of
ensure that
the
Agreement will not be jeopardised.

the attainment of

the objectives of

trade flows,

(2) The Contact Group therefore agreed to recommend to the
Association Council established under Article 106 of the

Agreement that the double-checking system introduced in
1996 by Decision No 3/95 (3) of the Association Council
and last extended for 2001 by Decision No 1/2001 (4)
should be re-introduced for the period from 1 July to 31
December 2002.

(3) The Parties are desirous of promoting the orderly and
trade in steel between the

equitable development of
Community and Romania.

(4) The Association Council, having been supplied with all
relevant information, found that the solution acceptable
to the two parties which least disturbs the functioning of
the double-
the Agreement
checking system, without quantitative
the
for
import into the Community of certain steel products for
the period from 1 July to 31 December 2002,

the re-introduction of

limits,

is

HAS DECIDED AS FOLLOWS:

The position to be taken by the Community within the
Association Council established by the Europe Agreement
between the European Communities and their Member States,
of the one part, and Romania, of the other part, concerning the
export of certain steel products from Romania to the European
the
Communities, and in particular the re-introduction of
double-checking system, shall be based on the draft decision
of the Association Council annexed to this Decision.

(1) OJ L 357, 31.12.1994, p. 1.
(2) OJ L 357, 31.12.1994, p. 2.

(3) OJ L 325, 30.12.1995, p. 51.
(4) OJ L 35, 6.2.2001, p. 36.

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DECISION No . . ./2002 OF THE EU-ROMANIA ASSOCIATION COUNCIL

of . . . 2002

concerning the export of certain steel products from Romania to the Community for the period
1 July to 31 December 2002 (double-checking system)

(2002/. . ./EC)

THE ASSOCIATION COUNCIL,

Whereas:

(1) The Contact Group referred to in Article 11 of Protocol 2
of
the Europe Agreement establishing an association
between the European Communities and their Member
States, of the one part, and Romania, of the other part,
which entered into force on 1 February 1995, met on 22
January 2002 and agreed to recommend to the Association
Council established under Article 106 of the Agreement
that the double-checking system introduced in 1996 by
Association Council Decision No 3/95 and last extended
for 2001 by Decision No 1/2001 should be re-introduced
for the period from 1 July to 31 December 2002.

(2) The Association Council, having been supplied with all
information, has agreed with this recommen-

relevant
dation,

HAS DECIDED AS FOLLOWS:

Article 1

(1)
For the period 1 July to 31 December 2002, imports
into the Community of the products listed in Annex I orig-
inating in Romania shall be subject to the presentation of an
import document conforming to the model shown at Annex II
issued by the authorities in the Community.

The classification of

(2)
the products covered by this
Agreement is based on the tariff and statistical nomenclature
of the Community (hereinafter called the ‘Combined Nomen-
clature’, or
the
products covered by this Decision shall be determined in
accordance with the rules in force in the Community.

in abbreviated form ‘CN’). The origin of

For the period stipulated in paragraph 1, imports into
(3)
the Community of the iron and steel products listed in Annex I
originating in Romania shall,
in addition, be subject to the
issue of an export document by the competent Romanian auth-
orities. The importer must present the original of the export
document 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 onto the exporting means of transport.

(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.

(5)
Romania shall notify the Commission of the European
Community of the names and addresses of the appropriate
Romanian governmental authorities which are authorised to
issue
together with
specimens of the stamps and signatures they use. Romania

and to verify

documents,

export

shall also notify the Commission of any change in these
particulars.

Certain technical provisions on the implementation of

(6)
the double-checking system are set out in Annex IV.

Goods shipped before 1 July 2002 are not covered by

(7)
this Decision.

Article 2

Romania undertakes to supply the Community with
(1)
precise statistical information on the export documents issued
by the Romanian authorities pursuant
to Article 1. Such
information shall be transmitted to the Community by the
end of the month following the month to which the statistics
relate.

The Community undertakes to supply the Romanian
(2)
authorities with precise statistical
information on import
documents issued by Member States in connection with the
export documents issued by the Romanian authorities under
Article 1. Such information shall be transmitted to the
Romanian authorities by the end of the month following the
month to which the statistics relate.

Article 3

If necessary, at the request of either of the Parties, consultations
shall be held on any problems arising from the operation of
this Decision. 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.

Article 4

Any notifications to be given hereunder shall be given:

— in respect of the Community, to the Commission of the

European Communities (DG Trade E.2),

— in respect of Romania, to the Romanian Mission to the
European Communities and the Ministry of Industry and
Trade of Romania.

Article 5

This Decision shall enter into force on the day of its adoption.

It shall apply from 1 July 2002.

Done at . . .

For the Association Council

The President

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ANNEX I

ROMANIA

List of products subject to double-checking (2002)

7202 11 20
7202 11 80
7202 99 11

7203 90 00

7206 10 00
7206 90 00

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90
7208 40 10
7208 40 90
7208 51 10
7208 51 30
7208 51 50
7208 51 91
7208 51 99
7208 52 10
7208 52 91
7208 52 99
7208 53 10
7208 53 90
7208 54 10
7208 54 90
7208 90 10

7209 15 00
7209 16 10
7209 16 90
7209 17 10
7209 17 90
7209 18 10
7209 18 91
7209 18 99
7209 25 00
7209 26 10

7209 26 90
7209 27 10
7209 27 90
7209 28 10
7209 28 90
7209 90 10

7210 11 10
7210 12 11
7210 12 19
7210 20 10
7210 30 10
7210 41 10
7210 49 10
7210 50 10
7210 61 10
7210 69 10
7210 70 31
7210 70 39
7210 90 31
7210 90 33
7210 90 38

7211 13 00
7211 14 10
7211 14 90
7211 19 20
7211 19 90
7211 23 10
7211 23 51
7211 29 20
7211 90 11

7212 10 10
7212 10 91
7212 20 11
7212 30 11
7212 40 10
7212 40 91
7212 50 31
7212 50 51
7212 60 11
7212 60 91

7213 10 00
7213 20 00

7213 91 10
7213 91 20
7213 91 41
7213 91 49
7213 91 70
7213 91 90
7213 99 10
7213 99 90

7214 20 00
7214 30 00
7214 91 10
7214 91 90
7214 99 10
7214 99 31
7214 99 39
7214 99 50
7214 99 61
7214 99 69
7214 99 80
7214 99 90

7215 90 10

7216 10 00
7216 21 00
7216 22 00
7216 31 11
7216 31 19
7216 31 91
7216 31 99
7216 32 11
7216 32 19
7216 32 91
7216 32 99
7216 33 10
7216 33 90
7216 40 10
7216 40 90
7216 50 10
7216 50 91
7216 50 99
7216 99 10

7219 11 00
7219 12 10

7219 12 90
7219 13 10
7219 13 90
7219 14 10
7219 14 90
7219 21 10
7219 21 90
7219 22 10
7219 22 90
7219 23 00
7219 24 00
7219 31 00
7219 32 10
7219 32 90
7219 33 10
7219 33 90
7219 34 10
7219 34 90
7219 35 10
7219 35 90
7219 90 10

7220 11 00
7220 12 00
7220 20 10
7220 90 11
7220 90 31

7221 00 10
7221 00 90

7222 11 11
7222 11 19
7222 11 21
7222 11 29
7222 11 91
7222 11 99
7222 19 10
7222 19 90
7222 30 10
7222 40 10
7222 40 30

7225 11 00
7225 19 10
7225 19 90

7225 20 20
7225 30 00
7225 40 20
7225 40 50
7225 40 80
7225 50 00
7225 91 10
7225 92 10
7225 99 10

7226 11 10
7226 19 10
7226 19 30
7226 20 20
7226 91 10
7226 91 90
7226 92 10
7226 93 20
7226 94 20
7226 99 20

7227 10 00
7227 20 00
7227 90 10
7227 90 50
7227 90 95

7228 10 10
7228 10 30
7228 20 11
7228 20 19
7228 20 30
7228 30 20
7228 30 41
7228 30 49
7228 30 61
7228 30 69
7228 30 70
7228 30 89
7228 60 10
7228 70 10
7228 70 31
7228 80 10
7228 80 90

7301 10 00

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ANNEX II

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ANNEX III

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ANNEX IV

ROMANIA

TECHNICAL ANNEX ON THE DOUBLE-CHECKING SYSTEM

1. The export documents shall measure 210 mm × 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: RO,

— 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. 2 for 2002,

— 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 six months from the date of their issue. They may be renewed or prolonged,

but not beyond 31 December of the calendar year appearing 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. Romania need not show price information on the export document if there is a genuine need to protect commercial
confidentiality. In such cases, Box 9 of the export document should indicate the reason for not showing the price
information and that it is available to the competent authorities of the Community 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.