Communication relating to the opening of the quotas laid down by the Council Decision of 15 December 2003 on trade in certain steel products between the European Community and Ukraine
Date: 2003-12-20
Institutions: Council of the European Union
Subjects: Ukraine, import licence, iron and steel product, originating product, quantitative restriction

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I

(Information)

COUNCIL

Communication relating to the opening of the quotas laid down by the Council Decision of 15
December 2003 on trade in certain steel products between the European Community and Ukraine

(2003/C 311/01)

Steel products falling within the tariff headings set in the Council Decision (see Appendix 1 of the
1.
Annex) and originating in Ukraine may be imported between 1 January 2004 and 31 December 2004
within the limits fixed in Appendix 7 of the Annex.

2.

The quantitative limits are managed according to the rules in the Annex.

Applications for licences must be sent to the competent authorities of the Member States as listed in
Appendix 5 of the Annex.

ANNEX

Article 1

Scope

1.

2.

3.

This Annex applies to imports of the steel products listed in Appendix 1, originating in Ukraine.

For the purposes of paragraph 1, the steel products shall be classified in product groups as set out in Appendix 1.

The classification of products listed in Appendix 1 shall be based on the combined nomenclature (CN).

The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in

4.
the Community.

The procedures for verification of the origin of the products referred to in paragraph 1 are laid down in the

5.
relevant Community legislation in force.

Article 2

Quantitative limits

1.
The importation into the Community of the steel products listed in Appendix 1 originating in Ukraine shall be
subject to the quantitative limits laid down in Appendix 7. The release for free circulation in the Community of the
products set out in Appendix 1 originating in Ukraine shall be subject to the presentation of an import authorisation
issued by the Member States' authorities in accordance with the provisions of Article 4.

2.
In order to ensure that quantities for which import authorisations are issued do not exceed at any moment the
total quantitative limits for each product group, the competent authorities shall issue import authorisations only upon
confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant
product group of steel products in respect of the supplier country, for which an importer or importers have submitted
applications to the said authorities.

For the purposes of this Annex, shipment of products shall be considered as having taken place on the date on

3.
which they were loaded onto the exporting means of transport.

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Article 3

Suspensive arrangements

1.
The quantitative limits referred to in Appendix 7 shall not apply to products placed in a free zone or free
warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward
processing (suspension system).

2. Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered
state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the
relevant quantitative limit set out in Appendix 7.

Specific rules for the administration of Community quantitative limits

Article 4

For the purpose of applying Article 2(2), the competent authorities of the Member States, before issuing import
1.
authorisations, shall notify the Commission of the amounts of the requests for import authorisations, supported by
original export licences, which they have received. By return, the Commission shall notify its confirmation that the
requested amount(s) of quantities are available for importation in the chronological order in which the notifications of
the Member States have been received (‘first come, first served basis’).

2.
The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the
exporting country, the product group concerned, the amounts to be imported, the number of the export licence, the
quota period and the Member State in which the products are intended to be put into free circulation.

The notifications referred to in paragraphs 1 and 2 shall be communicated electronically within the integrated
3.
network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of
communication temporarily.

As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests

4.
notified for each group of products.

5.
The competent authorities shall notify the Commission immediately after being informed of any quantity that is
not used during the duration of validity of the import authorisation. Such unused quantities shall automatically be
transferred into the remaining quantities of the total Community quantitative limit for each product group.

6.

The import authorisations or equivalent documents shall be issued in accordance with Appendix 4.

7.
The competent authorities of the Member States shall notify the Commission of any cancellation of import
authorisations or equivalent documents already issued in cases where the corresponding export licences have been
withdrawn or cancelled by the competent Ukrainian authorities. However, if the Commission or the competent auth-
orities of a Member State have been informed by the competent Ukrainian authorities of the withdrawal or cancellation
of an export licence after the related products have been imported into the Community, the quantities in question shall
be set off against the quantitative limit set out for the period during which shipment of products took place.

8.

The Commission may take any measure necessary to implement the provisions of this Article.

Article 5

Statistics

In respect of the steel products listed in Appendix 1, Member States shall notify the Commission monthly, within one
month of the end of each month, of the total quantities that have entered into free circulation during that month,
indicating the combined nomenclature code and using the statistical units and, where appropriate, supplementary units
used in that code. Imports shall be broken down in accordance with the statistical procedures in force.

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Appendix 1

SA Flat-rolled products

SA1 (coils)

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

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

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

7225 40 20
7225 40 50
7225 99 10

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 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

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

SB Longs

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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Appendix 2

PART I

DOUBLE-CHECKING SYSTEM

(for administering quantitative limits)

Article 1

The competent authorities shall issue an export licence in respect of all consignments of steel products subject to

1.
the quantitative limits laid down in Appendix 7 up to the level of the said limits.

The original of the export licence shall be presented by the importer for the purposes of the issue of the import

2.
authorisation referred to in Article 4.

1.
The export licence for quantitative limits shall conform to the specimen set out in Appendix 3 of this Annex and
shall certify, inter alia, that the quantity of goods in question has been set off against the quantitative limit established for
the product group concerned.

Article 2

2.

Each export licence shall cover only one of the product groups listed in Appendix 1.

Exports shall be set off against the quantitative limits established for the period in which the products covered by the
export licence have been shipped within the meaning of Article 2(3) of the Annex.

Article 3

Article 4

1.
To the extent that the Commission pursuant to Article 4 of the Annex has confirmed that the amount requested is
available within the quantitative limit in question, the competent authorities of the Member States shall issue an import
authorisation within a maximum of five working days of the presentation by the importer of the original of the
corresponding export licence. This presentation must be effected not later than 31 December 2004 provided that
the goods covered by the licence have been shipped before 31 December 2004.
Import authorisations shall be
issued by the competent authorities of any Member State irrespective of the Member State indicated on the export
licence, to the extent that the Commission, pursuant to Article 4 of the Annex, has confirmed that the amount
requested is available within the quantitative limit in question.

2.
The import authorisations shall be valid for four months from the date of their issue. Upon duly motivated request
by an importer, the competent authorities of a Member State may extend the duration of validity for a further period
not exceeding two months. Such extensions shall be notified to the Commission.

Import authorisations shall be drawn up in the form set out in Appendix 4 of this Annex and shall be valid

3.
throughout the customs territory of the Community.

4.

The declaration or request made by the importer in order to obtain the import authorisation shall contain:

(a)

the full name and address of the exporter;

(b)

the full name and address of the importer;

(c)

the exact description of the goods and the CN code(s);

(d)

the country of origin of the goods;

(e)

the country of consignment;

(f)

the appropriate product group and the quantity in the appropriate unit as indicated in Appendix 7 of the Annex for
the products in question;

(g)

the net weight by CN heading;

(h)

the cif value of the products at Community frontier by CN heading (as indicated in box 13 of the export licence);

(i) whether the products concerned are seconds or of substandard quality;

(j) where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;

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(k) date and number of the export licence;

(l)

any internal code used for administrative purposes;

(m) date and signature of importer.

Importers shall not be obliged to import the total quantity covered by an import authorisation in a single

5.
consignment.

The validity of import authorisations issued by the authorities of the Member States shall be subject to the validity of the
export licences and the quantities indicated in the export licences issued by the competent authorities on the basis of
which the import authorisations have been issued.

Article 5

Article 6

Import authorisations or equivalent documents shall be issued by the competent authorities of the Member States in
conformity with Article 2(2) and without discrimination to any importer in the Community wherever the place of his
establishment may be in the Community, without prejudice to compliance with other conditions required under current
rules.

The competent authorities of a Member State shall refuse to issue import authorisations for products originating in
Ukraine which are not covered by export licenses issued in accordance with the provisions of this Appendix.

Article 7

PART II

COMMON PROVISIONS

Article 8

The export licence referred to in Article 1 of this Appendix and the certificate of origin (specimen attached) may

1.
include additional copies duly indicated as such. They shall be made out in English.

2.

If the documents referred to above are completed by hand, entries must be in ink and in block letters.

3.
The export licences or equivalent documents and certificates of origin shall measure 210 × 297 mm. The paper
shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall
have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the
eye.

Only the original shall be accepted by the competent authorities in the Community as being valid for import

4.
purposes in accordance with the provisions of this Annex.

Each export licence or equivalent document and the certificate of origin shall bear a standardised serial number,

5.
whether or not printed, by which it can be identified.

6.

This number shall be composed of the following elements:

— two letters identifying the exporting country as follows:

UA = Ukraine

— two letters identifying the Member State of intended destination as follows:

BE = Belgium

DK = Denmark

DE = Germany

EL = Greece

ES = Spain

FR = France

IE = Ireland

IT = Italy

LU = Luxembourg

NL = Netherlands

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AT = Austria

PT = Portugal

FI = Finland

SE = Sweden

GB = United Kingdom,

— a one-digit number identifying the quota period corresponding to the last figure in the current year, e.g.

‘4’ for

2004;

— a two-digit number identifying the issuing office in the exporting country;

— a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of desti-

nation.

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 shall bear the endorsement ‘issued retrospectively’.

Article 9

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 authority which issued the document for a duplicate to be made out on the basis of the export documents in
his possession. The duplicate licence or certificate issued in this way shall bear the endorsement ‘duplicate’.

Article 10

The duplicate shall bear the date of the original licence or certificate.

PART III

COMMUNITY IMPORT LICENCE — COMMON FORM

Article 11

1.
The forms to be used by the competent authorities of the Member States (list in Appendix 5) for issuing
the import authorisations referred to in Article 4 shall conform to the specimen of the import licence set out in
Appendix 4.

2.
Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder's copy’ and
bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing
the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities
may add additional copies to form 2.

3.
Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and
65 g/m2. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch);
the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition
have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.

4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers
appointed by the Member State in which they are established. In the latter case, reference to the appointment by the
Member State must appear on each form. Each form shall bear an identification of the printer's name and address or a
mark enabling the printer to be identified.

5.
At the time of their issue the import licences or extracts shall be given an issue number determined by the
competent authorities of the Member State. The import licence number shall be notified to the Commission elec-
tronically within the integrated network set up under Article 4 of this Annex.

Licences and extracts shall be completed in the official language, or one of the official languages, of the Member

6.
State of issue.

7.

In box 10 the competent authorities shall indicate the appropriate steel product group.

8.
The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an
embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be
substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the
quantity allocated in such a way as to make it impossible to insert figures or references (e.g. EUR 1 000).

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The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the
9.
customs authorities when import formalities are completed, or by the competent administrative authorities when an
extract is issued.

If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one
or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or
extract. The debiting authorities shall so place their stamp that one half is on the licence or extract thereof and the other
half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner
across each page and the preceding page.

Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State
10.
shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements
made, by the authorities of such Member States.

11.
The competent authorities of the Member States concerned may, where indispensable, require the contents of
licences or extracts to be translated into the official language or one of the official languages of that Member State.

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Appendix 3

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Specimen of certificate of origin referred to in 8(1) of Appendix 2

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Appendix 4

EUROPEAN COMMUNITY IMPORT LICENCE

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EUROPEAN COMMUNITY IMPORT LICENCE

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Appendix 5

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

LISTA ÖVER KOMPETENTA NATIONELLA MYNDIGHETER

BELGIQUE/BELGIË

FRANCE

Service public fédéral économie, PME,
Classes moyennes et énergie
Administration du potentiel économique
Politiques d'accès aux marchés, Services Licences
Rue Général Leman 60
B-1040 Bruxelles
Fax (32-2) 230 83 22

Federale Overheidsdienst Economie,
KMO, Middenstand en Energie
Bestuur Economisch Potentieel
Markttoegangsbeleid, Dienst Vergunningen
Generaal Lemanstraat 60
B-1040 Brussel
Fax (32-2) 230 83 22

DANMARK

Erhvervs- og Boligstyrelsen
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 (49-61) 969 42 26

ΕΛΛΑΣ

Υπουργείο Οικονοµίας και Οικονοµικών
∆ιεύθυνση ∆ιεθνών Οικονοµικών Ροών
Κορνάρου 1
GR-105 63 Αθήνα
Φαξ (30-210) 328 60 94

SETICE
8, rue de la Tour-des-Dames
F-75436 Paris Cedex 09
Fax (33-1) 55 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 25 62

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 (31-50) 523 23 41

ESPAÑA

ÖSTERREICH

Ministerio de Economía
Secretaría General de Comercio Exterior
Subdirección General de Productos Industriales
Paseo de la Castellana 162
E-28046 Madrid
Fax (34) 913 49 38 31

Bundesministerium für Wirtschaft und Arbeit
Außenwirtschaftsadministration
Abteilung C2/2
Stubenring 1
A-1011 Wien
Fax (43-1) 711 00/8386

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PORTUGAL

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos
Especiais sobre o Consumo
Rua Terreiro do Trigo, Edifício da Alfândega de Lisboa
P-1140-060 Lisboa
Fax (351) 218 81 42 61

SVERIGE

Kommerskollegium
Box 6803
S-11386 Stockholm
Fax (46-8) 30 67 59

UNITED KINGDOM

SUOMI

Tullihallitus
PL 512
FIN-00101 Helsinki
Telekopio (358-20) 492 28 52

Department of Trade and Industry
Import Licensing Branch
Queensway House
West Precinct
Billingham TS23 2NF
United Kingdom
Fax (44-1642) 36 52 69

Appendix 6

ADMINISTRATIVE COOPERATION

Article 1

The Commission shall supply the Member States' authorities with the names and addresses of authorities in Ukraine
competent to issue certificates of origin and export licences together with specimens of the stamps used by these
authorities.

For the steel products subject to a double-checking system Member States shall notify the Commission within the first
ten days of each month of the total quantities, in the appropriate units and by country of origin and group of products,
for which import authorisations have been issued during the preceding month.

Article 2

Article 3

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

In such cases the competent authorities of the Community shall return the certificate of origin or the export licence or a
copy thereof to the competent Ukrainian governmental authority, giving, where appropriate, the reasons of form or
substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the
certificate of origin or export licence or copy thereof. The competent authorities shall also forward any information that
has been offered suggesting that the particulars given on the said certificate or the said licence are inaccurate.

2.

The provisions of paragraph 1 shall also apply to subsequent verifications of declarations of origin.

3.
The results of the subsequent verifications carried out in accordance with paragraph 1 shall be communicated to
the competent authorities of the Community within three months at the latest. The information communicated shall
indicate whether the disputed certificate, licence or declaration applies to the goods actually exported and whether the
goods are eligible for export to the Community under this Annex. The competent authorities of the Community may
also request copies of all documentation necessary to determine the facts fully, including, in particular, the origin of the
goods.

4.
Should such verifications reveal abuse or major irregularities in the use of declarations of origin, the Member State
inform the Commission of this fact. The Commission shall pass the information on to the other
concerned shall
Member States. The Community may decide that imports of the products in question to the Community shall be
accompanied by a certificate of Ukrainian origin referred to in Article 8(1) of Appendix 2.

Random recourse to the procedure specified in this Article shall not constitute an obstacle to the release for free

5.
circulation of the products in question.

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Article 4

1. Where the verification procedure referred to in Article 2 or where information available to the competent auth-
orities of the Community indicates that the provisions of this Annex are being contravened, the said authorities shall
request Ukraine to carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations
which are or appear to be in contravention of the provisions of this Annex. The results of these enquiries shall be
communicated to the competent authorities of the Community together with any other pertinent information enabling
the true origin of the goods to be determined.

2.
In pursuance of the action taken under the terms of this Annex, the competent authorities of the Community may
exchange any information with the competent governmental authorities of the Republic of Ukraine which is considered
to be of use in preventing the contravention of the provisions of this Annex.

3. Where it is established that the provisions of this Annex have been contravened, the Commission may take such
measures as are necessary to prevent recurrence of such contravention.

The Commission shall coordinate the action undertaken by the competent authorities of the Member States under the
provisions of this Annex. The competent authorities of the Member States shall inform the Commission and the other
Member States of action which they have undertaken and the results obtained.

Article 5

Appendix 7

QUANTITATIVE LIMITS

Products

1 January 2004 to 31 December 2004

(tonnes)

SA flat products

SA1 (coils)

SA2 (heavy plate)

SA3 (other flat products)

SB long products

SB1 (beams)

SB2 (wire rod)

SB3 (other long products)

19 190

73 444

5 926

2 583

36 904

46 499