Agreement between the European Coal and Steel Community and the Government of the Russian Federation on trade in certain steel products - Minutes - Declarations – Protocol A – Protocol B
Date: 2002-07-09
Institutions: European Coal and Steel Community, Russia
Subjects: ECSC, Russia, access to information, import policy, iron and steel product, originating product, quantitative restriction, ratification of an agreement, trade agreement (EU)

24.7.2002

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Official Journal of the European Communities

L 195/55

between the European Coal and Steel Community and the Government of the Russian Federation
on trade in certain steel products

AGREEMENT

THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part, and

THE GOVERNMENT OF THE RUSSIAN FEDERATION,

of the other part,

being the Parties to this Agreement,

Whereas the Parties are desirous to promote the orderly and equitable development of trade in steel between the
European Coal and Steel Community (hereinafter referred to as ‘the Community’) and the Russian Federation (hereinafter
referred to as ‘Russia’);

Whereas the Partnership and Cooperation Agreement establishing a partnership between the European Communities and
their Member States, of the one part, and the Russian Federation, of the other part (1), entered into force on 1 December
1997;

Whereas Article 21 of the Partnership and Cooperation Agreement provides that trade in ECSC products shall be
governed by Title III, save for Article 15 thereof, and by the provisions of this Agreement;

Whereas the ECSC Treaty shall expire on 23 July 2002; that the EC shall take over all rights and obligations contracted by
the former; that it is important to clearly indicate that this Agreement will not be affected by such expiry;

Bearing in mind the process of accession of the Russian Federation to the World Trade Organisation (WTO) and European
Community support for the integration of the Russian Federation into the international trading system;

Whereas for the years 1995-2001 trade in certain products covered by the Treaty establishing the European Coal and
Steel Community was the subject of agreements between the Parties, which it is appropriate to replace with a further
agreement which takes account of developments in the relationship between the Parties;

Whereas this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries,
including appropriate exchanges of information, within the Contact Group on coal and steel as foreseen in Protocol 1 to
the Partnership and Cooperation Agreement;

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:

THE COMMISSION OF THE EUROPEAN COMMUNITIES:

THE GOVERNMENT OF THE RUSSIAN FEDERATION:

WHO HAVE AGREED AS FOLLOWS:

Article 1

This agreement applies to trade in the steel products
1.
covered by the Treaty establishing the European Coal and Steel
Community set out in Annex I originating within the Parties.

Trade in the steel products not set out in Annex I shall
2.
not be subject to quantitative limits and shall be governed by
the relevant provisions of the Partnership and Cooperation
Agreement,
those relating to anti-dumping
procedures and safeguard measures.

in particular

on Russian exports to the Community of the products set out
in Annex I. Such exports shall be subject to a double-checking
system as specified in Protocol A.

2.
The Parties agree that imports into the EC from Russia
for products included in Annex I as from 1.1.2002 until the
entry into force of this Agreement shall be deducted from the
quantitative limits set out in Annex II.

In the case of subject matter which is not covered by this
the Partnership and

3.
Agreement,
Cooperation Agreement shall apply.

the relevant provisions of

Article 2

1.
The Parties agree to establish and maintain for the period
of validity of the present Agreement for each calendar year
quantitative arrangements fixing the limits set out in Annex II

(1) OJ L 327, 28.11.1997, p. 3.

3.
Imports of quantities in excess of those mentioned in
Annex II shall be authorised where the EC industry is unable to
meet the internal demand and results in a shortage of supply
for one or more products listed in Annex I. Consultations shall
take place immediately at the request of either Party to deter-
mine the level of the shortage. Following the conclusions of the
consultations and on the basis of objective evidence, the EC
shall instigate its internal procedures to increase the quantities
set out in Annex II.

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Official Journal of the European Communities

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In the case where the candidate countries to EU member-
4.
ship would accede before the termination of this Agreement,
the Parties agree to consider the increase of quantitative limits
set out in Annex II.

Article 3

Imports into the customs territory of the Community for
1.
free circulation of the products set out in Annex I shall be
subject to the production of an export licence issued by the
authorities of Russia and to proof of origin in accordance with
the provisions of Protocol A.

2.
Imports into the customs territory of the Community of
the products set out in Annex I shall not be subject to the
quantitative limits set out
in Annex II provided they are
declared to be for re-export outside the Community in the
same state or after processing, within the administrative system
of control which exists within the Community.

3.
Carry-over to the corresponding quantitative limits for
the following calendar year of the amounts of quantitative
limits not used during any calendar year is authorized up to
7 % of the relevant quantitative limit set out in Annex II for a
product group in question for the year in which it was not
used. Russia shall notify the Community no later than 1
February of the following year if it intends to make use of this
provision.

4.
Up to 7 % of the quantitative limit for a given product
group may be transferred to one or more other groups within
the same product category, i.e. within SA or SB, subject to the
consent of both Parties. The quantitative limit for a given
product group can be reduced once in the course of a calendar
year. Transfers shall not be permitted to or from product group
SA1a (coils for re-rolling), except that, notwithstanding the first
sentence of this paragraph, products from category SB2 and
SB3, respectively up to 30 000 t and 45 000 t, may be trans-
ferred to category SA1a with the consent of both Parties. Any
adjustments to the quantitative limits resulting from transfers
shall only affect the calendar year in progress. At the start of
the following calendar year, the quantitative limits shall be
those shown at Annex II, without prejudice to the provisions
of paragraph 3 above. Russia shall notify the Community no
later than 30 June if it intends to make use of this provision.

Party may request consultations which shall be opened imme-
diately.

this Agreement,

2. Without prejudice to paragraph 1 and with a view to
ensuring the effective functioning of
the
Community and Russia agree to take all necessary steps to
prevent, to investigate and to take any necessary legal and/or
administration action against circumvention, notably by tran-
shipment, re-routing, false declaration concerning the country
or place of origin, falsification of documents, false declaration
concerning quantities, description or classification of merchan-
dise. Accordingly, the Community and Russia agree to establish
the necessary legal provisions and administrative procedures
permitting effective action to be taken against such circumven-
legally binding
tion, which shall
corrective measures
importers
involved.

include the adoption of

exporters

against

and/or

Should the Community believe on the basis of informa-
3.
tion available that this Agreement is being circumvented, the
Community may request consultations with Russia which shall
be held immediately.

Pending the results of the consultations referred to in
4.
paragraph 3, Russia shall, as a precautionary measure, and if so
requested by the Community, take all necessary measures to
ensure that, where sufficient evidence of circumvention is
provided, adjustments of the quantitative limits liable to be
agreed following the consultations referred to in paragraph 3,
shall be carried out for the calendar year in which the request
for consultations under paragraph 3 was made, or for the
following year, if the limit for that calendar year is exhausted.

5.
Should the Parties be unable in the course of the consul-
tations referred to in paragraph 3 to reach a mutually satisfac-
tory solution, the Community shall have the right:

(a) where there is sufficient evidence that products covered by
this Agreement originating in Russia have been imported in
circumvention of this Agreement, to set off the relevant
quantities against the quantitative limits established under
the Agreement.

(b) where

sufficient

declaration
concerning quantities description or classification has
occurred, to refuse to import the products in question.

evidence

shows

false

Article 4

6.
The Parties agree to cooperate fully to prevent and to
address effectively all problems arising from circumvention of
this Agreement.

1. With a view to rendering the double-checking system as
effective as possible and to minimize the possibilities for abuse
and circumvention:

— the Community authorities shall inform Russia by the 28th
of each month of the import authorizations issued during
the preceding month;

— the Russian authorities shall inform the Community by the
28th of each month of the export licences issued during the
preceding month.

In the event of any significant discrepancy taking account of
the time factors involved in respect of such information either

Article 5

1.
The quantitative limits established under this Agreement
on imports of steel products into the Community shall not be
broken down by the Community into regional shares.

2.
The Parties shall cooperate in order to prevent sudden
trade flows into the
and prejudicial changes in traditional
Community. Should a sudden and prejudicial change in tradi-
tional trade flows arise (including regional concentration or the
loss of traditional customers), the Community will be entitled
to request consultations in order to find a satisfactory solution
to the problem. Such consultations shall be held immediately.

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Russia shall endeavour to ensure that exports into the
3.
Community of products set out in Annex I are spaced out as
evenly as possible over the year. Should a sudden and prejudi-
cial surge of imports arise, the Community will be entitled to
request consultations in order to find a satisfactory solution to
the problem. Such consultations shall be held immediately.

4.
In addition to the obligation contained in paragraph 3,
where licences issued by the Russian authorities have reached
90 % of the quantitative limits for the calendar year in ques-
tion, either Party may request consultations concerning the
quantitative limits for that year. Such consultations shall be
held immediately. Pending the outcome of such consultations
the Russian authorities may continue to issue export licences
for the products set out in Annex I provided they do not
exceed the quantities set out in Annex II.

Article 6

1. Where any product set out in Annex I is being imported
into the Community from Russia under such conditions as to
cause or threaten to cause substantial
injury to Community
producers of like products, the Community shall supply Russia
with all relevant information with a view to seeking a solution
acceptable to both Parties. The Parties shall commence consul-
tations promptly.

2.
Should the consultations referred to in paragraph 1 above
fail to lead to agreement within 30 days of the Community's
request for consultations, the Community may utilise the right
to take action concerning safeguard measures pursuant to the
provisions of the Partnership and Cooperation Agreement.

at appropriate intervals, taking account of the shortest periods
in which the information in question is prepared, which shall
cover
issued
and import
pursuant
to Article 3 and import and export statistics in
respect of the products in question.

authorizations

licences

export

2.
Either Party may request consultations in the event of any
significant discrepancy between the information exchanged.

Article 9

1. Without prejudice to provisions concerning consultations
foreseen in respect of specific circumstances in preceding
Articles, consultations shall be held on any problems arising
from the application of this Agreement at the request of either
Party. Any consultations shall take place in a spirit of coopera-
tion and with a desire to reconcile the differences between the
Parties.

2. Where this Agreement provides that consultations shall
be held immediately, the Parties undertake to use all reasonable
means to ensure that this is achieved.

3.
All other
following provisions:

consultations

shall be governed by the

— any request for consultations shall be notified in writing to

the other Party,

— where appropriate, the request shall be followed within a
reasonable period by a report setting out the reasons for
the consultations,

— consultations shall begin within one month from the date

Notwithstanding the provisions of this Agreement, the

3.
provisions of Article 18 of the PCA shall apply.

of the request,

Article 7

1.
The classification of the products covered by this Agree-
ment is based on the tariff and statistical nomenclature of the
Community (hereinafter called the ‘combined nomenclature’, or
in abbreviated form ‘CN’). Any amendment to the combined
nomenclature (CN) made in accordance with the procedures in
force in the Community concerning the products set out in
Annex I or any decision relating to the classification of goods
shall not have the effect of reducing the quantitative limits of
the products set out Annex II.

The origin of the products covered by this Agreement
2.
shall be determined in accordance with the rules in force in the
Community. Any amendment to these rules of origin shall be
communicated to Russia and shall not have the effect of
reducing the quantitative limits of this Agreement. The proced-
ures for control of the origin of the products referred to above
are laid down in Protocol A.

consultations shall endeavour to arrive at a mutually acceptable
result within one month of their commencement, unless the
period is extended by agreement between the Parties.

Article 10

1. When the Treaty establishing the European Coal and Steel
Community
the European
Community shall take over all rights and obligations contracted
by the former under this Agreement.

expires on 23 July 2002,

2.
The Parties agree that this Agreement will be continued
and that all rights and obligations of the Parties under this
Agreement shall be maintained after such expiry.

The reference in Article 21 of

3.
the PCA to products
covered by the Treaty establishing the European Coal and Steel
Community shall be read to refer to products listed in Annex
III after the expiry of the said Treaty.

Article 8

Article 11

1. Without prejudice to the periodic exchange of informa-
tion on export licences and import authorizations pursuant to
Article 4(1), the Parties agree to exchange available statistical
information relating to trade in the products set out in Annex I

This Agreement shall enter into force on the day of its
1.
signature.
It shall be applicable until 31 December 2004
subject to any modifications agreed by the Parties and unless it
is denounced in accordance with the provisions of paragraph 3
of this Article.

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Either Party may at any time propose modifications to
2.
this Agreement which shall require the mutual consent of the
Parties and take effect as agreed by them.
3.
Either Party may denounce this Agreement, provided that
at least six months' notice is given. In that event, the Agree-
ment shall come to an end on the expiry of the period of
notice and the limits established by this Agreement shall be
reduced on a pro rata basis up to the date on which denuncia-
tion takes effect unless the Parties decide otherwise by common
agreement.
4.
In the event that the Russian Federation accedes to the
WTO before the expiration of this Agreement, the Agreement
shall be reviewed prior to such accession to ensure that its
provisions are consistent with WTO rules. The operation of the

Agreement shall also be reviewed in the event of new multilat-
eral commitments accepted both by the Community and
Russia concerning the steel products covered by this Agree-
ment.

The Annexes and Protocol A attached to this Agreement

5.
shall form an integral part thereof.

Article 12

This Agreement shall be drawn up in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-
guese, Spanish, Swedish and Russian languages, each of these
texts being equally authentic.

Hecho en Bruselas, el nueve de julio de dos mil dos

Udfærdiget i Bruxelles, den niende juli to fusind og to

Geschehen zu Brüssel am neunten Juli zweitausendzwei.

Έγινε στις Βρυξέλλες, στις εννέα Ιουλίου δύο χιλιάδες δύο

Done at Brussels, ninth day of July two thousand and two

Fait à Bruxelles,

le neuf juillet deux mille deux

Fatto a Bruxelles, addì nove luglio duemiladue

Gedaan te Brussel, negen juli tweeduizend en twee

Feito em Bruxelas, em nove de Julho de dois mil e dois

Tehty Brysselissä yhdeksäntenä päivänä heinäkuuta vuonna kaksituhattakaksi

Utfärdat i Bryssel den nionde juli tjugohundratvå

Por la Comisión de las Comunidades Europeas

Por el Gobierno de la Federación de Rusia

For Kommissionen for De Europæiske Fællesskaber

For regeringen for Den Russiske Føderation

Für die Kommission der Europäischen Gemeinschaften

Für die Regierung der Russischen Föderation

Για την Επιτροπή των Ευρωπαϊκών Κοινοτήτων

Για την κυβέρνηση της Ρωσικής Οµοσπονδίας

For the Commission of the European Communities

For the Government of the Russian Federation

Pour la Commission des Communautés européennes

Pour le gouvernement de la Fédération de Russie

Per la Commissione delle Comunità europee

Per il governo della Federazione russa

Voor de Commissie van de Europese Gemeenschappen

Voor de regering van de Russische Federatie

Pela Comissão das Comunidades Europeias

Pelo Governo da Federação da Rússia

Euroopan yhteisöjen komission puolesta

Venäjän federaation hallituksen puolesta

På Europeiska gemenskapernas kommissions vägnar

På Rysslands regerings vägnar

Karl FALKENBERG

Vasiliy LIKHACHEV

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ANNEX I

SA FLAT-ROLLED
PRODUCTS

SA1. Coils

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 90
7208 38 90
7208 39 90

7211 14 10
7211 19 20

7219 11 00
7219 12 10
7219 12 90
7219 13 10
7219 13 90
7219 14 10
7219 14 90

7225 20 20
7225 30 00

SA1a. Hot rolled coils
for re-rolling

7208 37 10
7208 38 10
7208 39 10

SA2. Heavy plate

7208 40 10
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

7211 13 00

SA3. Other flat-
rolled products

7208 40 90
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 14 90
7211 19 90
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

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

7225 40 80

SA4. Alloyed
products

7226 20 20
7226 91 10
7226 91 90
7226 99 20

SB. LONGS
PRODUCTS

SB1. Beams

7207 19 31
7207 20 71

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

SB2. Wire rod

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

7221 00 10
7221 00 90

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

SB3. Other longs

7207 19 11
7207 19 14
7207 19 16
7207 20 51
7207 20 55
7207 20 57

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 40 10
7216 40 90
7216 50 10
7216 50 91
7216 50 99
7216 99 10

7218 99 20

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

7224 90 31
7224 90 39

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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Official Journal of the European Communities

24.7.2002

ANNEX II

QUANTITATIVE LIMITS

Products

2002

2003

2004

(tonnes)

SA. Flat products

SA1. Coils

SA1.a. Hot-rolled coils for re-rolling

SA2. Heavy plate

SA3. Other flat products

SA4. Alloyed products

SB. Long products

SB1.

Beams

SB2. Wire rod

SB3. Other long products

Note: SA and SB are product categories

SA1 to SA4 and SB1 to SB3 are product groups

259 000

485 000

60 000

80 000

90 000

15 000

60 000

165 000

256 250

497 130

61 500

82 000

92 250

15 380

61 500

169 130

262 660

509 550

63 040

84 050

94 560

15 760

63 040

173 350

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ANNEX III

PRODUCTS REFERRED TO IN ARTICLE 10

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
7218 91 11
7218 91 19
7218 99 11
7218 99 20
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

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

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
7224 10 00
7224 90 01
7224 90 05
7224 90 08
7224 90 15
7224 90 31
7224 90 39
7225 11 00
7225 19 10
7225 19 90
7225 20 20
7225 30 00
7225 40 20
7225 40 50

7201 10 11
7201 10 19
7201 10 30
7201 10 90
7201 50 10
7201 50 90
7202 11 20
7202 11 80
7202 99 11
7203 10 00
7203 90 00
7204 10 00
7204 21 10
7204 21 90
7204 29 00
7204 30 00
7204 41 10
7204 41 91
7204 41 99
7204 49 10
7204 49 30
7204 49 91
7204 49 99
7204 50 10
7204 50 90
7206 10 00
7206 90 00
7207 11 11
7207 11 14
7207 11 16
7207 12 10
7207 19 11
7207 19 14
7207 19 16
7207 19 31
7207 20 11
7207 20 15
7207 20 17
7207 20 32
7207 20 51
7207 20 55
7207 20 57
7207 20 71
7208 10 00

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 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
7302 10 31
7302 10 39
7302 10 90
7302 20 00
7302 40 10
7302 90 10

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Agreed minute No 1

In the context of the Agreement between the European Coal and Steel Community and the Russian Federa-
tion on trade in certain steel products signed in Brussels on 9 July 2002 the Parties agree that:

— in pursuance of the exchange of information foreseen in Article 4(1) concerning export licences and
import authorizations, the Parties will supply that information by reference to the Member States in
addition to the Community as a whole,

— if the Parties are unable to reach a satisfactory solution during the consultations foreseen by Article
5(2), Russia will cooperate, if so requested by the Community, by not issuing export licences for an
intended destination where imports pursuant to such licences would aggravate the problems resulting
from sudden and prejudicial changes in traditional trade flows, it being understood that Russia may
continue to issue licences for other Community destinations,

the Parties will cooperate closely in order to prevent sudden and prejudicial changes in traditional trade
flows in respect of coils for re-rolling (product group SA1a); Russia will give priority to deliveries to its
traditional customers for these products in order to avoid disturbing the Community market, and both
Parties will inform the other immediately in the event of any emerging problems, and

— Russia will take due account of the sensitive nature of small regional markets within the Community

both as regards their traditional needs for supplies and the avoidance of regional concentrations.

Agreed minute No 2

In the context of the conclusions of the negotiations of the new Agreement, the Parties have agreed to
include in the product coverage of the agreement steel products alloyed with boron classified under the EU
Combined Nomenclature 7226 20 20, 7226 91 10, 7226 91 90, 7226 99 20 in order to address the
concerns of the EU that imports of these products could be regarded as circumvention of the Agreement.

The Parties agree that any similar use of alloyed steel products which would have as effect of creating a
similar situation would not be compatible with a fair implementation of, and could be considered as an
infringement of, the new Agreement. In such a case, the Parties shall enter immediately into consultations
with the objective of finding rapidly an acceptable solution. If no acceptable solution is agreed within 3
months of the date of the notification of the problem, the parties may take appropriate measures until an
acceptable solution is agreed.

The content of this agreed minutes will constitute an integral part of the new Agreement.

Declaration No 1

In the case Russian operators were to set up service centers in the EU that would further process products
imported from Russia and covered by this Agreement, Russia declares that it could request an increase of
quantitative limits mentioned in Annex II. In this case, the Commission could examine such request of
increase if the market situation allows it.

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Declaration No 2

The Parties declare that they aim at achieving complete liberalisation of trade in steel products. Both Parties
also recognize that it is an important condition for promoting trade between them that competition, State
aid and environment provisions applicable within each Party must be compatible. To this end, and upon
request
the Community shall provide technical assistance, within relevant earmarked
budgetary limits, to help Russia to adopt and implement legislative provisions compatible with those
adopted and applied by the Community. The technical assistance shall be channelled through detailed
projects agreed by both Parties.

from Russia,

Declaration No 3

In the context of the Agreement between the European Coal and Steel Community and the Russian Federa-
tion on trade in certain steel products signed in Brussels on 9 July 2002, 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 EC Combined Nomenclature heading 7204,
without prejudice to the provisions of Article 19 of the Partnership and Cooperation Agreement.

Without prejudice to paragraph 1, in order not to delay the conclusion of this Agreement and due to lack
of time, the Parties agreed to leave unresolved the issue of the tax introduced by Russia on exports of
ferrous waste and scrap under the EC combined Nomenclature 7204. The tax is currently set at 15 % but
not less than EUR 15 per ton for all products of 7204, except for product 7204 41 00 where the tax is set
at 5 %. Nevertheless, the Parties agree to continue the discussion to find a satisfactory solution as soon as
possible.

It is understood that the quantitative limits set out in Annex II of the Agreement would be increased by
12 % if the Russian Federation removes completely the tax or by a lower percentage to be determined if
such tax is reduced, provided that no other measures that would constitute an obstacle to free export are
introduced by Russia.

The products of particular interest for the EC are: 7204 10 00, 7204 21 10, 7204 41 10, 7204 49 10,
7204 49 30, 7204 49 91 and 7204 49 99

Declaration No 4

With respect to export of ferrous waste and scrap under the EC Combined Nomenclature 7204, Russia
declares that it will maintain the customs points currently open and that it will open 2 additional customs
points at the latest by the date of entry into force of this Agreement to allow exports by road and rail
through Central Europe: these customs points are Smolensk and Topoly-Solovej.

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PROTOCOL A

TITLE I

CLASSIFICATION

Article 1

steel products covered by the Agreement up to the relevant
quantitative limits set out in Annex II to the Agreement.

Article 6

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

1.
The export licence shall conform to the model annexed
to this Protocol and it shall be valid for exports throughout the
customs territory of the Community.

TITLE II

ORIGIN

Article 2

1.
Products covered by this Agreement originating in Russia
(as defined by the relevant Community Regulations) to be
exported to the Community in accordance with the arrange-
ments established by this Agreement shall be accompanied by a
certificate of Russian origin conforming to the model annexed
to this Protocol.

The certificate of origin shall be certified by the
2.
competent Russian organizations authorized under Russian
legislation as to whether the products in question can be
considered as products originating in that country.

Article 3

The certificate of origin shall be issued only on application
having been made in writing by the exporter or, under the
exporter's responsibility, by his authorized representative. The
competent Russian organizations authorized under Russian
legislation shall ensure that the certificate of origin is properly
completed and for this purpose they shall request for any
necessary documentary evidence or carry out any checking
which they consider appropriate.

Article 4

The discovery of slight discrepancies between the statements
made in the certificate of origin and those made in the docu-
ments produced to the customs office for the purpose of
carrying out the necessary formalities for importing the prod-
ucts shall not ipso facto cast doubt upon the statements in the
certificate.

TITLE III

DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO
QUANTITATIVE LIMITS

SECTION I

Exportation

Article 5

Each export

licence must certify inter alia that

the
2.
quantity of the product in question has been set off against the
relevant
the product
concerned in Annex II to the Agreement.

established for

quantitative

limit

Article 7

The competent authorities of
the Community must be
informed immediately of the withdrawal or modification of any
export licence already issued.

Article 8

1.
Exports shall be set off against the quantitative limits
established for the year in which the shipment of goods has
been effected even if the export licence is issued after such
shipment.

2.
For the purposes of applying paragraph 1, shipment of
goods is considered to have taken place on the date of their
loading onto the exporting transport as evidenced by their bill
of lading or other transport document.

SECTION II

Importation

Article 9

Steel products originating in Russia, covered by a valid
1.
import licence issued pursuant to Decision 2001/932/ECSC (1),
as amended, which were already sent to the Community before
the date of entry into force of this Agreement shall be admitted
within the limits applicable for the period from 1 January 2002
to 31 December 2002.

2.
The release for free circulation into the Community of the
products covered by the Agreement shall be subject to the
presentation of an import authorization.

Article 10

The presentation by the importer of an export licence
1.
shall be made not later than 31 March of the year following
that in which the goods covered by the licence have been
shipped.

The appropriate Russian governmental authorities shall issue
an export licence in respect of all consignments from Russia of

(1) OJ L 345, 29.12.2001, p. 71.

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The competent authorities of the Community shall issue
2.
the import authorization referred to in Article 9 above, within
10 working days of the presentation by the importer of the
original of the corresponding export licence. A list of the
competent authorities is annexed to this Protocol.

3.
The import authorizations shall be valid for four months
from the date of their issue for importation throughout the
customs territory of the Community.

4.
The competent authorities of the Community shall cancel
the import authorization already issued whenever the corre-
sponding export licence has been withdrawn.

However, if the competent authorities of the Community are
notified of the withdrawal or the cancellation of the export
licence only after the release for free circulation of the products
into the Community, the relevant quantities shall be set off
against the limits established for the product.

Article 11

If the competent authorities of the Community find that the
total quantity of the products covered by export licences issued
by the competent authorities of Russia exceed the limits set out
in Annex II to the Agreement, the Community authorities shall
suspend the further issue of
In this
the Community shall
event,
immediately inform the competent authorities of Russia and
immediate consultations pursuant to Article 9(2) of the Agree-
ment shall be initiated.

the competent authorities of

import authorizations.

TITLE IV

FORM AND PRODUCTION OF EXPORT LICENCES AND CERTI-
PROVISIONS
FICATES OF ORIGIN, AND COMMON

CONCERNING EXPORTS TO THE COMMUNITY

Article 12

The export

licence and the certificate of origin may
1.
comprise additional copies duly indicated as such. They shall
be made out in English. If they are completed by hand, entries
must be in ink and in printed script.

These 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; If the
documents have several copies only the top copy, which is the
original, shall be printed with the guilloche pattern back-
ground. This copy shall be clearly marked 'original' and the
other copies ‘copies’. Only the original shall be accepted by the
competent authorities of the Community as being valid for the
purpose of export to the Community in accordance with the
provisions of the Agreement.

Each document shall bear a standardized serial number,

2.
whether or not printed, by which it can be identified.

This number shall be composed of the following elements:

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

in question
corresponding to the last figure in the year, e.g. ‘2’ for year
2002,

identifying the year

— a two-digit number from 01 to 99, identifying the partic-

ular issuing office concerned in exporting country,

— a five-digit number running consecutively from 00001 to
99999 allocated to the intended Member State of customs
clearance.

Article 13

The export licence and the certificate of origin may be issued
after the shipment of the products to which they relate. In such
cases, they must bear the endorsement ‘issued retrospectively’.

Article 14

1.
In the event of the theft, loss or destruction of an export
licence or a certificate of origin, the exporter may apply to the
competent Russian authorities 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 certificate or
licence so issued shall bear the endorsement ‘duplicate’.

The duplicate shall bear the date of the original export

2.
licence or certificate of origin.

TITLE V

ADMINISTRATIVE COOPERATION

Article 15

— two letters identifying the exporting country as follows: RU,

— two letters

identifying the intended Member State of

customs clearance as follows:

The Community and Russia shall cooperate closely in the
implementation of the provisions of this Protocol. To this end,
contacts and exchanges of views,
including on technical
matters, shall be facilitated by both Parties.

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Article 16

In order to ensure the correct application of this Protocol, the
Community and Russia offer mutual assistance for
the
checking of the authenticity and the accuracy of export licences
issued and certificates of origin issued or of any declarations
made within the terms of this Protocol.

Article 17

Russia shall send the Commission of the European Communi-
ties the names and addresses of the competent Russian govern-
mental authorities which are authorized to issue and to verify
export
licences and the competent Russian organizations
authorized under Russian legislation to issue certificates of
origin together with specimens of the stamps and signatures
they use. Russia shall also notify the Commission of any
change in these particulars.

Article 18

1.
Subsequent verification of certificates of origin or export
licences shall be carried out at random, or whenever the
competent Community authorities have reasonable doubt as to
the authenticity of the certificate or licence or as to the accu-
racy of the information regarding the true origin of the prod-
ucts in question.

the

authorities

competent

In such cases,

2.
in the
Community shall return the certificate of origin or the export
licence or a copy thereof to the appropriate Russian authorities
giving, where appropriate, the reasons of form or substance
which justify an enquiry. If the invoice has been submitted,
such invoice or a copy thereof shall be attached to the certifi-
cate or to the licence or their copies. The authorities shall also
forward any information that has been obtained suggesting
that the particulars given on the said certificate or licence are
inaccurate.

3.
The provisions of paragraph 1 above shall also apply to
subsequent verifications of the certificates of origin provided
for in Article 2 of this Protocol.

4.
The results of the subsequent verifications carried out in
accordance with paragraphs 1 and 2 shall be communicated to
the Community within three
the competent authorities of
months at
the latest. The information communicated shall
indicate whether the disputed certificate or licence applies to
the goods actually exported and whether these goods are
eligible for export under the arrangements established by the
Agreement. The information shall also include, at the request
of the Community, copies of all the documentation necessary
to fully determine the facts, and in particular the true origin of
the goods.

For the purpose of subsequent verification of certificates
5.
of origin, copies of the certificates as well as any export docu-
ments referring to them shall be kept by the competent
Russian organizations for at least one year following the end of
the Agreement.

6.
Recourse to the random verification procedure specified
in this Article must not constitute an obstacle to the release for
free circulation of the products in question.

Article 19

1. Where the verification procedure referred to in Article 18
or where information available to the competent authorities of
the Community or of Russia indicates or appears to indicate
that the provisions of this Agreement are being circumvented
or infringed, the two Parties shall cooperate closely and with
the appropriate urgency in order to prevent any such circum-
vention or infringement.

2.
To this end, the appropriate Russian authorities shall, on
their own initiative or at the request of the Community, carry
out appropriate inquiries, or arrange for such inquiries to be
carried out, concerning operations which are, or appear to the
Community to be, in circumvention or infringement of this
Protocol. Russia shall communicate the results of these inqui-
ries to the Community, including any other pertinent informa-
tion enabling the cause of the circumvention or infringement,
including the true origin of the goods to be determined.

3.
By agreement between the Community and Russia, offi-
cials designated by the Community may be present at the
inquiries referred to in paragraph 2 above.

In pursuance of the cooperation referred to in paragraph
4.
1 above, the competent authorities of the Community and
Russia shall exchange any information considered by either
Party to be of use in preventing circumvention or infringement
of the provisions of this Agreement. These exchanges may
include information on the trade in the type of products
covered by this Agreement between Russia and third countries,
particularly where the Community has reasonable grounds to
consider that the products in question may be in transit across
the territory of Russia prior to their importation into the
Community. This information may include, at the request of
the Community, copies of all relevant documentation, where
available.

5. Where sufficient evidence shows that the provisions of
this Protocol have been circumvented or
the
competent authorities of Russia and the Community may agree
to take any measures necessary to prevent a recurrence of such
circumvention or infringement.

infringed,

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LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
∆ΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚ∆ΟΣΗΣ Α∆ΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ
LIST OF THE COMPETENT NATIONAL AUTHORITIES
LISTE DES AUTORITÉS NATIONALES COMPÉTENTES
ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI
LIJST VAN BEVOEGDE NATIONALE INSTANTIES
LISTA DAS AUTORIDADES NACIONAIS COMPETENTES
LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA
FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER

BELGIQUE/BELGIË
Ministère des affaires économiques
Administration des relations économiques
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
Økonomi- og Erhvervsministeriet
Vejlsøvej 29
DK-8600 Silkeborg
Fax: (45) 35 46 64 01

DEUTSCHLAND
Bundesamt für Wirtschaft und Ausfuhrkontrolle, (BAFA)
Frankfurter Straße 29-35
D-65760 Eschborn 1
Fax (49-6196) 942 26

ΕΛΛΑ∆Α
Υπουργείο Εθνικής Οικονοµίας
Γενική Γραµµατεία ∆ιεθνών Σχέσεων
∆ιεύθυνση ∆ιεθνών Οικονοµικών Ροών
Κορνάρου 1
GR-105 63 Αθήνα
Φαξ: (30 10) 328 60 94

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

FRANCE
Setice
8, rue de la Tour-des-Dames
F-75436 Paris Cedex 09
Fax (33) 155 07 46 69

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

ITALIA
Ministero delle Attività produttive
Direzione generale per la Politica commerciale e per la gestione del
regime degli scambi
Viale America, 341
I-00144 Roma
Fax (39-06) 59 93 22 35/59 93 26 36

LUXEMBOURG
Ministère des affaires étrangères
Office des licences
BP 113
L-2011 Luxembourg
Fax (352) 46 61 38

NEDERLAND
Belastingdienst/Douane centrale dienst voor in- en uitvoer
Postbus 30003, Engelse Kamp 2
9700 RD Groningen
Nederland
Fax (31) 505 26 06 98
m.i.v. 18.1.2002
Fax (31) 505 23 23 41

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

PORTUGAL
Ministério da Economia
Direcção-Geral das Relações Económicas Internacionais
Alfândega de Lisboa, Largo do Terreiro do Trigo
P-1100 Lisboa
Fax: (351-21) 881 42 61

SUOMI
Tullihallitus
PL 512
FIN-00101 Helsinki
Faksi (358-9) 614 28 52

SVERIGE
Kommerskollegium
Box 6803
S-113 86 Stockholm
Fax: (46-8) 30 67 59

UNITED KINGDOM
Department of Trade and Industry
Import Licensing Branch
Queensway House, West Precinct
Billingham Cleveland
TS23 2NF United Kingdom
Fax (44) 1642 533 557