Proposal for a Council Decision concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community
Date: 2004-07-13
Institutions: European Commission
Subjects: Moldova, cooperation agreement (EU), export, export licence, export monitoring, import licence, iron and steel product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.7.2004 
COM(2004) 483 final 

2004/0149 (ACC) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an Agreement in the form of an Exchange of Letters 
between the European Community and the Republic of Moldova establishing a double-
checking system without quantitative limits in respect of the export of certain steel 
products from the Republic of Moldova to the European Community 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Republic  of  Moldova  asked  to  conclude  an  Agreement  setting  up  a  double-checking 
system  without  quantitative  limitations  in  order  to  monitor  the  exports  into  the  European 
Community  of  certain  steel  product.  From  the  European  Community  point  of  view,  the 
additional  aims  of  the  double-checking  system  are  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 system relies on the issuance for each transaction of an export document and of an import 
document. 

The export document is issued by the authorities of the country of the exporting company to 
the exporter, upon request of the exporter and after the fulfilment of the necessary conditions 
imposed  by  those  authorities,  notably  those  conditions  included  in  the  international 
agreement. This export document is then given to the EU importer. 

To be able to import products covered by the agreement, the EU importer must obtain from 
relevant EU authorities an import document. This document is released automatically, upon 
presentation of documents/information/evidence as required by the EU internal implementing 
legislation, including the original of the export document. 

The double-checking system would apply for the period until 31 December 2006. It will be 
established by means of an Agreement in the form of an Exchange of Letters. 

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2004/0149 (ACC) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an Agreement in the form of an Exchange of Letters between the 
European Community and the Republic of Moldova establishing a double-checking system 
without quantitative limits in respect of the export of certain steel products from the Republic 
of Moldova to the European Community 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 133 in 
conjunction with the first sentence of Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

The  Partnership  and  Cooperation  Agreement  establishing  a  partnership  between  the 
European Communities and their Member States, of one part, and the Republic of Moldova, 
of the other part2, entered into force on 1 July 1998. 

The  Commission  has  finalised  the  negotiations  for  an  Agreement  in  the  form  of  an 
Exchange  of  Letters  between  the  European  Community  and  the  Republic  of  Moldova 
establishing a double-checking system without quantitative limits in respect of the export of 
certain steel products from the Republic of Moldova to the European Community, 

HAS DECIDED AS FOLLOWS: 

Article 1 

1. 
The  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European  Community 
and the Republic of Moldova establishing a double-checking system without quantitative limits in 
respect  of  the  export  of  certain  steel  products  from  the  Republic  of  Moldova  to  the  European 
Community is hereby approved on behalf of the Community. 

2. 

The text of the Agreement3  is annexed to this Decision. 

1 
2  
3  

OJ C , , p. . 
OJ L 181, 24.6.1998, p. 3. 
See p. ... of this Official Journal 

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Article 2 

The  President  of  the  Council  is  hereby  authorised to  designate  the  person  empowered  to  sign  the 
Agreement in order to bind the European Community. 

Done at Brussels,  

For the Council 
The President 

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AGREEMENT 

IN THE FORM OF AN EXCHANGE OF LETTERS 

BETWEEN THE EUROPEAN COMMUNITY AND 

THE REPUBLIC OF MOLDOVA 

ESTABLISHING A DOUBLE-CHECKING SYSTEM 

WITHOUT QUANTITATIVE LIMITS 

IN RESPECT OF THE EXPORT OF CERTAIN STEEL PRODUCTS 

FROM THE REPUBLIC OF MOLDOVA 

TO THE EUROPEAN COMMUNITY 

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A. 

Letter from the European Community 

Sir, 

1.  I  have  the  honour  to  refer  to  the  consultations  between  the  European  Community  and  the 
Government of the Republic of Moldova on trade in certain steel products. 

2.  Following  these  consultations  the  Parties  hereby  agree  to  establish  a  double-checking  system, 
without quantitative limits, in respect of certain steel products in order to improve transparency and 
to avoid possible diversions of trade. The details of the double-checking system are annexed to this 
letter. 

3. This Exchange of Letters is without prejudice to the application of the relevant provisions of the 
bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping 
and safeguard measures. 

4. Either Party may at any time propose amendments to the Annex or the Appendices thereto, which 
shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-
dumping  or  safeguard  investigations  be  initiated  or  measures  introduced  in  the  European 
Community concerning a product under the double-checking system, Moldova will decide whether 
to exclude the product in question from the double-checking system. Such a decision shall not affect 
the entry into free circulation of the product in question into the European Community. 

5.  In  conclusion,  I  have  the  honour  to  propose  that  if  this  letter,  the  Annex  and  the  Appendices 
thereto  are  acceptable  to  your  Government,  this  letter  and  your  confirmation  shall  together 
constitute  an  agreement  between  the  European  Community  and  the  Republic  of  Moldova,  which 
shall enter into force on the date of your reply. 

Please accept, Sir, the assurance of my highest consideration, 

On behalf of 

of the European Community

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B. 

Letter from the Government of the Republic of Moldova 

Sir, 

I have the honour to acknowledge receipt of your letter of …………. which reads as follows: 

“  1.  I  have  the  honour  to  refer  to  the  consultations  between  the  European  Community  and  the 
Government of the Republic of Moldova on trade in certain steel products. 

2.  Following  these  consultations  the  Parties  hereby  agree  to  establish  a  double-checking  system, 
without quantitative limits, in respect of certain steel products in order to improve transparency and 
to avoid possible diversions of trade. The details of the double-checking system are annexed to this 
letter. 

3. This Exchange of Letters is without prejudice to the application of the relevant provisions of the 
bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping 
and safeguard measures. 

4. Either Party may at any time propose amendments to the Annex or the Appendices thereto, which 
shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-
dumping  or  safeguard  investigations  be  initiated  or  measures  introduced  in  the  European 
Community concerning a product under the double-checking system, Moldova will decide whether 
to exclude the product in question from the double-checking system. Such a decision shall not affect 
the entry into free circulation of the product in question into the European Community. 

5.  In  conclusion,  I  have  the  honour  to  propose  that  if  this  letter,  the  Annex  and  the  Appendices 
thereto  are  acceptable  to  your  Government,  this  letter  and  your  confirmation  shall  together 
constitute  an  agreement  between  the  European  Community  and  the  Republic  of  Moldova,  which 
shall enter into force on the date of your reply.” 

I have the honour to confirm that the above is acceptable to my Government and that your letter, 
this reply and the attached Annex and Appendices together constitute an agreement, in accordance 
with your proposal. 

Please accept, Sir, the assurance of my highest consideration, 

For the Government of 

the Republic of Moldova 

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ANNEX 

to the Agreement in the form of an exchange of letters between the European Community and 
the Republic of Moldova establishing a double-checking system without quantitative limits in 
respect of the export of certain steel products from the Republic of Moldova to the European 
Community 

1.1 
For the period running from the date on which this Agreement is applied between the 
Parties  to  31  December  2006,  unless  both  Parties  agree  to  terminate  the  system  earlier, 
imports  into  the  European  Community  of  the  products  listed  in  Appendix  I  originating  in 
Moldova  shall  be  subject  to  the  presentation  of  a  surveillance  document  conforming  to  the 
model shown in Appendix II issued by the authorities in the European Community. 

1.2 
For  the  period  running  from  the  date  on  which  this  Agreement  is  applied  to  31 
December  2006,  unless  both  Parties  agree  to  terminate  the  system  earlier,  imports  into  the 
European  Community  of  the  products  listed  in  Appendix  I  and  which  originate  in  Moldova 
shall, in addition, be subject to the issue of an export document by the competent Moldovan 
authorities. 

In order to obtain the surveillance document, the importer must present the original of 
1.3 
the export document  fully  completed. In any case,  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. 

1.4 

The surveillance document and the export document are issued for every transaction. 

Shipment is considered to have taken place on the date of loading on to the exporting 

1.5 
means of transport. 

The  export  document  shall  conform  to  the  model  shown  in  Appendix  III.  It  shall  be 

1.6 
valid for exports throughout the customs territory of the European Community. 

1.7 
The Republic of Moldova shall notify the Commission of the European Communities 
of  the  names  and  addresses  of  the  appropriate  Moldova  governmental  authorities  which  are 
authorised  to  issue  and  verify  export  documents  together  with  specimens  of  the  stamps  and 
signatures they use. The Republic of Moldova shall also notify the Commission of any change 
in these particulars. 

The classification of the products covered by this Agreement is based on the tariff and 
1.8 
statistical nomenclature of the European Community (hereinafter called "CN"). The origin of 
the products covered by this Agreement shall be determined in accordance with the rules of 
non-preferential origin in force in the European Community 

1.9 
The  competent  authorities  of  the  European  Community  undertake  to  inform  the 
Republic  of  Moldova  of  any  changes  in  the  CN  in  respect  of  products  covered  by  this 
Agreement before their date of entry into force in the European Community. 

1.10  Certain technical provisions on the implementation of the double-checking system are 
set out in Appendix IV. 

2.1 
The Republic of Moldova undertakes to supply the European Community with precise 
statistical information on the export documents issued by the Moldova authorities pursuant to 

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paragraph 1.2. Such information shall be transmitted to the European Community by the 28th 
of the month following the month to which the statistics relate. 

2.2 
The European Community undertakes to supply the Moldova authorities with precise 
statistical information  on  surveillance documents issued by Member States in respect of the 
export  documents  issued  by  the  Moldova  authorities  pursuant  to  paragraph  1.1.  Such 
information shall be transmitted to the Moldova authorities by the 28th of the month following 
the month to which the statistics relate. 

3 
If necessary, at the request of either of the Parties, consultations shall be held on any 
problems  arising  from  the  operation  of  this  Agreement.  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. 

3.1  Without  prejudice  to  paragraph  2.2,  and  with  a  view  to  ensuring  the  effective 
functioning of this Agreement, the Community and the Republic of Moldova agree to take all 
necessary  steps  to  prevent  and  /  or  investigate,  or  to  take  any  necessary  legal  and  /  or 
administration  action  against  circumvention,  notably  by  transhipment,  re-routing,  false 
declaration  concerning  the  country  of  origin,  falsification  of  export  documents  and/or  other 
documents,  false  declaration  concerning  quantities,  description  or  classification  of 
merchandise.  Accordingly,  the  Community  and  the  Republic  of  Moldova  agree  to  establish 
the necessary legal provisions and administrative procedures, in accordance with their internal 
legislation,  permitting  effective  action  to  be  taken  against  such  circumvention,  which  shall 
include  the  adoption  of  legally  binding  corrective  measures  against  exporters  and  /  or 
importers involved. 

Should the Parties believe on the basis of information available that this Agreement is 

3.2 
being circumvented, the Parties shall request consultations, which shall be held immediately. 

3.3 
Pending the results of the consultations referred to in paragraph 3.2, each Party shall, 
as  a  precautionary  measure,  and  /  or  if  so  requested  by  the  other  Party,  take  all  necessary 
measures,  provided  by  internal  legislation,  to  suspend  or  refuse  the  issuing  of  the  export 
document  and  surveillance  document.  The  Republic  of  Moldova  may  also  consider  to 
withdraw the issued export documents.  

3.4 
Should the Parties fail, in the course of the consultations referred to in paragraph 3.2, 
to reach a mutually satisfactory solution, the Community shall have a right to refuse to import 
the  product  in  question  where  sufficient  evidence  shows  false  declaration  concerning 
quantities description or classification or country of origin has occurred. 

4 

Any notices to be given hereunder shall be given: 

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

– 
Communities, 

in  respect  of  Moldova,  to  the  Mission  of  the  Republic  of  Moldova  to  the  European 

– 
Communities. 

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Appendix I 

7301 

7303 

7304 

7305 

7306 

7307 

7312 

7202 

7203 

7206 

7207 

7208 

7209 

7210 

7211 

7212 

7213 

7214 

7215 

7216 

7217 

7218 

7219 

7220 

7221 

7222 

7223 

7224 

7225 

7226 

7227 

7228 

7229 

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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) 

5. Declarant/representative as applicable 

6. Country of origin 

(name and full address) 

(and geonomenclature code) 

7. Country of consignment 

(and geonomenclature code) 

8. Last day of validity 

9. Description of goods 

10. CN code and category 

y
p
o
c

s
’
r
e
d

l
o
H

1 

11. Quantity in kilograms (net mass) or 
in additional units 

12.  Value  in  euros,  cif  at  European 
Community frontier 

13. Additional remarks 

14. Competent authority’s endorsement 

Date : 

Signature: 

Stamp: 

11 

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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 

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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

i

g
n
u
s
s
i

e
h
t

r
o
f

y
p
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2 

3. Proposed place and date of import 

4. Authority responsible for issue 

(name, address and telephone No) 

5. Declarant/representative as applicable 

6. Country of origin 

(name and full address) 

(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  European 
Community frontier 

13. Additional remarks 

14. Competent authority’s endorsement 

Date : 

Signature: 

Stamp: 

13 

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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 

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1 Exporter (name, full address, country) 

ORIGINAL 

2 Number: 

3 Year 

4 Product group 

Appendix III 

5 Consignee (name, full address, country) 

EXPORT DOCUMENT 

(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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1 Exporter (name, full address, country) 

COPY 

2 Number: 

3 Year 

4 Product group 

5 Consignee (name, full address, country) 

EXPORT DOCUMENT 

(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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Appendix IV 

MOLDOVA 

Technical provisions on the implementation of the double-checking system 

The  export  documents  shall  measure  210  ×  297  mm.  The  paper  used  shall  be  white 
1. 
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 European Community as being valid for the control of export to 
the European Community in accordance with the provisions of the double-checking system. 

Each  document  shall  bear  a  standardised  serial  number,  whether  or  not  printed,  by 

2. 
which it can be identified. This number shall be composed of the following elements: 

– 

– 

two letters identifying the exporting country as follows: MO = Moldova, 

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 

IT 

= Ireland 

= Italy 

LU 

= Luxembourg 

NL 

= Netherlands 

AT 

= Austria 

PT 

= Portugal 

FI 

= Finland 

SE 

= Sweden 

GB 

= United Kingdom 

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CZ 

= Czech Republic 

EE 

= Estonia 

CY 

= Cyprus 

LV 

= Latvia 

LT 

= Lithuania 

HU 

= Hungary 

MT 

= Malta 

PL 

= Poland 

SI 

= Slovenia 

SK 

= Slovak Republic 

a  one-digit  number  identifying  the  year,  corresponding  to  the  last  figure  in  the 

– 
respective year, e.g. "4" for 2004, 

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. 

The  export  documents  shall  be  valid  for  the  calendar  year  during  which  they  are 

3. 
issued, as shown in Box No 3 of the export document. 

Moldova  need  not  show  price  information  on  the  export  document,  but  that 

4. 
information is available to the Commission authorities on request. 

Export  documents  may  be  issued  after  the  shipment  of  the  products  to  which  they 

5. 
relate. In such cases they must bear the endorsement "issued retrospectively". 

6. 
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. 

7. 
The competent authorities of the European 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. 

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