Agreement between the European Community and the Government of Ukraine on trade in certain steel products - Agreed minute - Protocol A
Date: 2004-11-22
Institutions: European Community, Ukraine
Subjects: Ukraine, administrative cooperation, export licence, import, import licence, iron and steel product, originating product, quantitative restriction, trade agreement (EU)

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Official Journal of the European Union

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between the European Community and the Government of Ukraine on trade in certain steel
products

AGREEMENT

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE GOVERNMENT OF UKRAINE,

of the other part,

together referred to as ‘the Parties’,

WHEREAS the Partnership and Cooperation Agreement between the European Communities and their Member States,
and Ukraine, entered into force on 1 March 1998;

DESIROUS to promote the orderly and equitable development of trade in steel between the Community and Ukraine;

WHEREAS Article 22(1) of the Partnership and Cooperation Agreement provides that trade in certain steel products shall
be governed by Title III, save for Article 14 thereof, and by the provisions of an Agreement;

BEARING in mind the process of accession of Ukraine to the World Trade Organisation (WTO) and the Community's
support for the integration of Ukraine into the international trading system;

WHEREAS for the years 1995-2001 trade in certain steel products was the subject of agreements between the Parties, and
in 2002, 2003 and 2004 of specific arrangements. It is therefore appropriate to replace these as far as 2004 is concerned
with a further agreement which takes account of developments in the relationship between the Parties;

WHEREAS the Parties reiterate their commitment to achieve as soon as the conditions are fulfilled complete liberalisation
of trade in respect of the steel products covered by this Agreement;

WHEREAS this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries,
including appropriate exchanges of information, within a contact group on coal and steel as foreseen in Article 22.2 to
the Partnership and Cooperation Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

Article 2

This agreement applies to trade in the steel products set out

1.
in Annex I to this Agreement originating within the Parties.

Trade in steel products not set out in Annex I shall not be
to quantitative limits and shall be governed by the
the Partnership and Cooperation
relating to anti-dumping

2.
subject
relevant provisions of
Agreement,
those
procedures and safeguard measures.

in particular

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

3.
Agreement,
Cooperation Agreement shall apply.

the relevant provisions of

1.
The Parties agree to establish and maintain for the period
of validity of the present Agreement quantitative arrangements
fixing the limits set out in Annex II of this Agreement on
Ukrainian 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 of this Agreement (hereinafter
referred to as ‘Protocol A’).

2.
The Parties reiterate their commitment to achieve complete
liberalisation of trade in respect of the steel products set out in
Annex I as soon as the conditions have been established.

For the product groups included in Annex I, quantities
3.
covered by imports authorisations issued by the Community, on

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28.12.2004

the basis of the Council Decision 2003/893/EC of 15 December
2003, as from 1 January 2004 until the entry into force of this
Agreement, will be deducted from the quantitative limits set out
in Annex II.

— the Ukrainian authorities shall

inform the Community by
the 28th of each month of the export licences issued during
the preceding month.

for one or more products

Imports of quantities in excess of

4.
those mentioned in
Annex II shall be authorised where the Community industry is
unable to meet the internal demand and results in a shortage of
listed in Annex I.
supply
Consultations shall take place immediately at the request of
either Party to determine the level of the shortage. Following
the consultations and on the basis of
the conclusions of
objective evidence, the Community shall
instigate its internal
procedures to increase the quantities set out in Annex II.

Each Party may,

5.
concerning:

at

any time,

request

consultations

— the levels of the quantitative limits set out in Annex II,
the
where
products covered by Annex I have substantially deteriorated
or improved;

conditions

respect

the

of

in

— the possibility of transferring unused amounts set out in
from under-utilised product groups to other

Annex II
groups.

Article 3

1.
Imports into the customs territory of the Community for
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 Ukraine 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.

Article 4

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

authorities by the 28th of each month of
authorizations issued during the preceding month;

inform the Ukrainian
the import

In the event of any significant discrepancy taking account of the
time factors involved in respect of such information either Party
may request consultations which shall be opened immediately.

2. Without prejudice to paragraph 1 and with a view to
ensuring the effective functioning of this Agreement, the Parties
agree to take all necessary steps to prevent, to investigate and to
take any necessary legal and/or administration action against
circumvention, notably by transhipment,
false
country or place of origin,
declaration concerning the
concerning
false
documents,
of
falsification
quantities,
of merchandise.
description
Accordingly, the Parties agree to establish the necessary legal
provisions and administrative procedures 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.

classification

declaration

re-routing,

or

Should either Party believe on the basis of information
3.
available that this Agreement is being circumvented,
it may
request consultations with the other Party which shall be held
immediately.

as

shall,

Pending the results of

the consultations referred to in
4.
paragraph 3,
a
the Government of Ukraine
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
the
following
to
quantitative
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.

agreed

limits

liable

be

5.
the
Should the Parties be unable in the course of
consultations referred to in paragraph 3 to reach a mutually
satisfactory solution, the Community shall have the right, where
there is sufficient evidence that products set out in Annex I
originating in Ukraine have been imported in circumvention of
this Agreement, to set off the relevant quantities against the
quantitative limits established under Annex II.

6.
the
Should the Parties be unable in the course of
consultations referred to in paragraph 3 to reach a mutually
satisfactory solution, the Community shall have the right, where
sufficient evidence shows false declaration concerning quantities
description or classification has occurred, to refuse to import
the products in question.

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The Parties agree to cooperate fully to prevent and to
7.
address effectively all problems arising from circumvention of
this Agreement.

the
3. Notwithstanding the provisions of
provisions of Article 19 of the Partnership and Cooperation
Agreement shall apply.

this Agreement,

Article 5

Article 7

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

steel products

in Annex I

trade

changes

in traditional

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

traditional customers),

change

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

imports arise,

4.
In addition to the obligation contained in paragraph 3, and
without prejudice to the consultations foreseen by Article 2(7),
where licences issued by the Ukrainian authorities have reached
90 % of
the quantitative limits, either Party may request
consultations. Such consultations shall be held immediately.
Pending the outcome of such consultations the Ukrainian
authorities may continue to issue export
the
products set out in Annex I provided they do not exceed the
quantities set out in Annex II.

licences for

Article 6

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

to both Parties. The Parties

shall

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.

The

covered by

the products

classification of

this
1.
Agreement 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 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
the
products set out Annex II.

reducing the quantitative limits of

2.
The origin of the products covered by this Agreement shall
be determined in accordance with the rules in force in the
Community. Any amendment to these rules of origin shall be
communicated to the Government of Ukraine and shall not
have the effect of
this
Agreement. The procedures for control of the origin of the
products referred to above are laid down in Protocol A.

reducing the quantitative limits of

Article 8

licences and import authorizations pursuant

1. Without prejudice to the periodic exchange of information
on export
to
Article 4(1), the Parties agree to exchange available statistical
information relating to trade in the products set out in Annex I
at appropriate intervals, taking account of the shortest periods
in which the information in question is prepared, which shall
cover export licences and import authorizations issued pursuant
to Article 3 and import and export statistics in respect of the
products in question.

Either Party may request consultations in the event of any

2.
significant discrepancy between the information exchanged.

Article 9

specific circumstances

1. Without prejudice to provisions concerning consultations
in preceding
foreseen in respect of
Articles, consultations shall be held on any problems arising
from the application of this Agreement at the request of either
Party. Any consultations
take place in a spirit of
shall
cooperation 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.

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3. All other consultations shall be governed by the following
provisions:

— 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

of receipt of the request,

— consultations
to arrive at a mutually
their
one month
acceptable
commencement, unless the period is extended by agreement
between the Parties.

shall endeavour
result

within

of

Either Party may at any time propose modifications to this
2.
Agreement which shall require the mutual consent of the Parties
and take effect as agreed by them.

Either Party may denounce this Agreement, provided that
3.
at least six months' notice is given. In that event, the Agreement
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 denunciation takes effect
unless the Parties decide otherwise by common agreement.

4. Annexes I and II, declarations 1, 2, 3 and 4, the agreed
minute and Protocol A attached to this Agreement shall form
an integral part thereof.

Article 10

Article 11

1.
This Agreement shall enter into force on the date of its
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.

This Agreement shall be drawn up in duplicate in the Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Slovak, Slovenian, Spanish, Swedish and Ukrainian
languages, each text being equally authentic.

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles den

Geschehen zu Brüssel am

Brüsselis

'Eγινε στην Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje

Kelt Brüsszelben,

Magħmul fi Brussel,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

V Bruseli

V Bruslju,

Tehty Brysselissä

Udfärdat i Bryssel den

Вчинено в м.

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Eυρωπαϊκή Koινóτητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
За Європейське Співтовариство

За Кабінет Міністрів України

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SA Flat-rolled products

SA3.
(other flat rolled products)

SA1. (coils)

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

7211 14 00 10
7211 19 00 10

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

7225 20 00 10
7225 30 10 00
7225 30 90 00

SA2. (heavy plate)

7208 40 00 10
7208 51 20 10
7208 51 20 91
7208 51 20 93
7208 51 20 97
7208 51 20 98
7208 51 91 10
7208 51 91 90
7208 51 98 10
7208 51 98 91
7208 51 98 99
7208 52 20 10
7208 52 20 90
7208 52 80 10
7208 52 80 90
7208 53 00 10

7211 13 00 00

7225 40 12 10
7225 40 12 20
7225 40 40 10
7225 40 40 90
7225 40 60 00
7225 99 00 10

7208 40 00 90
7208 53 00 90
7208 54 00 10
7208 54 00 90
7208 90 00 10

7209 15 00 00
7209 16 10 00
7209 16 90 00
7209 17 10 00
7209 17 90 00
7209 18 10 00
7209 18 91 00
7209 18 99 00
7209 25 00 00
7209 26 10 00
7209 26 90 00
7209 27 10 00
7209 27 90 00
7209 28 10 00
7209 28 90 00
7209 90 00 10

7210 11 00 10
7210 12 20 10
7210 12 80 10
7210 20 00 10
7210 30 00 10
7210 41 00 10
7210 49 00 10
7210 50 00 10
7210 61 00 10
7210 69 00 10
7210 70 10 10
7210 70 80 10
7210 90 30 10
7210 90 40 10
7210 90 80 91

7211 14 00 90
7211 19 00 90
7211 23 20 10
7211 23 30 10
7211 23 30 91
7211 23 80 10
7211 23 80 91
7211 29 00 10
7211 90 00 11

7212 10 10 00
7212 10 90 11
7212 20 00 11
7212 30 00 11

ANNEX I

7212 40 20 10

7212 40 20 91

7212 40 80 11

7212 50 20 11

7212 50 30 11

7212 50 40 11

7212 50 61 11

7212 50 69 11

7212 50 90 15

7212 50 90 17

7212 60 00 11

7212 60 00 91

7219 21 10 00

7219 21 90 00

7219 22 10 00

7219 22 90 00

7219 23 00 00

7219 24 00 00

7219 31 00 10

7219 31 00 90

7219 32 10 00

7219 32 90 10

7219 32 90 90

7219 33 10 00

7219 33 90 10

7219 33 90 90

7219 34 10 00

7219 34 90 10

7219 34 90 90

7219 35 10 00

7219 35 90 10

7219 35 90 90

7225 40 12 90

7225 40 90 00

SB Longs

SB1. (beams)

7207 19 80 10

7207 20 80 10

7216 31 10 10

7216 31 10 90

7216 31 90 10

7216 31 90 90

7216 32 11 00

7216 32 19 00

7216 32 91 00

7216 32 99 00

7216 33 10 00

7216 33 90 00

SB2. (wire rod)

7213 10 00 00

7213 20 00 00

7213 91 10 00

7213 91 20 00

7213 91 41 00

7213 91 49 00

7213 91 70 00

7213 91 90 00

7213 99 10 00

7213 99 90 00

7221 00 10 00

7221 00 90 00

7227 10 00 00

7227 20 00 00

7227 90 10 00

7227 90 50 00

7227 90 95 00

SB3.
(other longs)

7207 19 12 10

7207 19 12 91

7207 19 12 99

7207 20 52 10

7207 20 52 91

7207 20 52 99

7214 20 00 00

7214 30 00 00

7214 91 10 00

7214 91 90 00

7214 99 10 00

7214 99 31 00

7214 99 39 00

7214 99 50 00

7214 99 71 00

7214 99 79 00

7214 99 95 00

7215 90 00 10

7216 10 00 00

7216 21 00 00

7216 22 00 00

7216 40 10 00

7216 40 90 00

7216 50 10 00

7216 50 91 00

7216 50 99 00

7216 99 00 10

7218 99 20 00

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7222 11 11 00

7222 11 19 00

7222 11 81 00

7222 11 89 00

7222 19 10 00

7222 19 90 00

7222 30 97 10

7222 40 10 00

7222 40 90 10

7224 90 02 95
7224 90 31 00
7224 90 38 00

7228 10 20 10
7228 10 20 90
7228 20 10 10
7228 20 10 91

7228 20 91 10

7228 20 91 90

7228 30 20 00

7228 30 41 00

7228 30 49 00

7228 30 61 00

7228 30 69 00

7228 30 70 00

7228 30 89 00

7228 60 20 10

7228 60 80 10

7228 70 10 00

7228 70 90 10

7228 80 00 10

7228 80 00 90

7301 10 00 00

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ANNEX II

QUANTITATIVE LIMITS

(tonnes)

Products

SA. Flat products

SA1. Coils

SA2. Heavy plate

SA3. Other flat products

SB. Long products

SB1. Beams

SB2. Wire rod

SB3. Other long products

2004

80 007

230 879

66 608

13 481

93 679

122 170

Note: SA and SB are the ‘categories’.

SA1, SA2, SA3, SB1, SB2 and SB3 are the ‘product groups’.

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AGREED MINUTE

In the context of the Agreement between the European Community and Ukraine on trade in certain steel
products signed in Brussels on 22 November 2004, the Parties agree that:

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

— pending the satisfactory outcome of the consultations foreseen by Article 5(2), the Government of
Ukraine will cooperate, if so requested by the Community, by not issuing export licences that would
further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows;
and

— the Government of Ukraine 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.

DECLARATION No 1

In the context of the Agreement between the European Community and the Government of Ukraine on
trade in certain steel products signed in Brussels on 22 November 2004, and more particularly Article 3
thereof, the Parties confirm their understanding that this Agreement does not affect existing systems
concerning the import and duties in respect of the steel products mentioned in Annex I to the Agreement
which are intended for certain categories of ships, boats and other vessels and for drilling or production
platforms for the purposes of their construction, repair, maintenance or conversion and in respect of goods
intended for fitting to or equipping such ships, boats or other vessels.

DECLARATION No 2

It is the objective of both Parties to liberalise fully the trade of ferrous scrap, and to ensure that quantitative
restrictions or any measures having equivalent effect on the export of ferrous scrap and waste under the EC
Combined Nomenclature heading 7204, such as customs duties or charges, are eliminated. However,
Ukraine is not able currently to fully implement this objective and is applying a tax on the exports of
ferrous scrap of EUR 30 per tonne. The quantitative limits set out in Annex II of this Agreement take into
account that tax.

As a first step, the Ukraine is committed not to increase this tax. If Ukraine were to reduce or remove the
tax for the exports of ferrous scrap on an erga omnes basis, then those quantitative limits would be revised as
follows:

(a)

if the tax would be reduced to EUR 25/tonne, the quantitative limits would be increased by 70 000
tonnes;

(b)

if the tax would be reduced to EUR 20/tonne, the quantitative limits would be increased by 130 000
tonnes;

(c)

if the tax would be reduced to EUR 15/tonne, the quantitative limits would be increased by 180 000
tonnes;

(d)

if the tax would be reduced to EUR 10/tonne, the quantitative limits would be increased by 220 000
tonnes;

(e)

if the tax would be reduced to EUR 5/tonne, the quantitative limits would be increased by 250 000
tonnes;

(f)

if the tax would be totally eliminated, the quantitative limits would be increased by 260 000 tonnes.

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The increases referred to above are understood to cover the year 2004. If the reduction of the tax is
implemented during the course of this year, then the increases referred therein will be adjusted pro rata.

The Parties agree that any modification of the quantities set out in Annex II resulting from this Declaration
will take place by agreement between the European Commission and the competent Ukrainian authorities.

DECLARATION No 3

Both Parties aim at achieving complete liberalisation of trade in steel products. In this context, both Parties
intend to terminate quantitative restrictions once Ukraine becomes a WTO member. They 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
from Ukraine authorities, the Community shall provide technical assistance within available budgetary
means to help Ukraine to adopt and implement legislative provisions compatible with those adopted and
applied by the Community. Such assistance shall be specified in projects to be agreed by both Parties and
identifying clearly, inter alia, the objectives, the means and the calendar.

DECLARATION No 4

In the case Ukrainian operators were to set up service centres in the European Union that would further
process products imported from Ukraine and covered by this Agreement, Ukraine 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 and will respond to Ukraine within 60
days.

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PROTOCOL A

TITLE II

ORIGIN

Article 2

TITLE I

CLASSIFICATION

Article 1

1.
The competent authorities of the Community undertake to
inform Ukraine of any changes in the combined nomenclature
(CN) in respect of products covered by the Agreement before
the date of their entry into force in the Community.

2.
The competent authorities of the Community undertake to
inform the competent authorities of Ukraine of any decisions
relating to the classification of products covered by the
Agreement within one month of their adoption at the latest.

Such a description shall include:

(a) a description of the products concerned;

(b) the relevant CN codes;

(c)

the reasons which have led to the decision.

3. Where a decision on classification results in a change of
classification practice of any product covered by the Agreement,
the competent authorities of the Community shall provide 30
days' notice, from the date of the Community's communication,
before the decision is put into effect. Products shipped before
the date of entry into effect of the decision shall remain subject
to the earlier classification practice, provided that the goods in
question are presented for importation into the Community
within 60 day's of that date.

4. Where a Community decision on classification resulting in
a change of classification practice of any product covered by the
Agreement affects a category subject to quantitative limits, the
Parties agree to enter into consultations in accordance with the
procedures described in Article 9(3) of the Agreement with a
view to honouring the obligation contained in Article 7(1) of
the Agreement.

In case of divergent opinions between the competent
5.
authorities of Ukraine and the Community at the point of entry
into the Community on the classification of products covered
by the Agreement, classification shall provisionally be based on
indications provided by the Community, pending consultations
in accordance with Article 9 with a view to reaching agreement
on the definitive classification of the products concerned.

Products

originating

in Ukraine

1.
the
Community Regulations in force for export to the Community
in accordance with the arrangements established by the
Agreement shall be accompanied by a certificate of Ukrainian
origin conforming to the model annexed to this Protocol.

according

to

The certificate of origin shall be certified by the Ukrainian
2.
organisations authorised for such purposes under Ukrainian
legislation as to whether
the products in question can be
considered as products originating in Ukraine.

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 authorised representative. The
Ukrainian organisations authorised for such purposes under
Ukrainian legislation shall ensure that the certificate of origin is
properly completed and for this purpose they shall call for any
necessary documentary evidence or carry out any check 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
documents produced to the customs office for the purpose of
carrying out the formalities for importing the products 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

1.
The appropriate Ukrainian governmental authorities shall
issue an export licence in respect of all consignments from
Ukraine of steel products covered by the Agreement up to the
quantitative limits set out in Annex II of the Agreement.

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Article 6

Article 11

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.

1.
issue
The competent authorities of the Community shall
the import authorisation referred to in Article 10(2), within ten
working days of the presentation by the importer of the original
of the corresponding export licence.

2.
Each export licence must certify inter alia that the quantity
of the product in question has been set off against the relevant
the product concerned in
quantitative limit established for
Annex II of the Agreement.

2.
The import authorisations shall be valid for four months
from the date of their issue for imports throughout the customs
territory of the Community.

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

Exports shall be set off against

1.
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.

Article 9

The presentation of an export licence, in application of Article
11, shall be effected not
the year
following that in which the goods covered by the licence have
been shipped.

later than 31 March of

SECTION II

Importation

Article 10

For

the product groups included in Annex I of

this
1.
Agreement, quantities covered by import authorisations issued
by the Community, on the basis of
the Council Decision
2003/893/EC of 15 December 2003, as from 1 January 2004
until the entry into force of this Agreement, will be deducted
from the quantitative limits set out in Annex II.

2.
The release for free circulation into the Community of steel
products subject to quantitative limits shall be subject to the
presentation of an import authorisation.

issued whenever

authorisation already

The competent authorities of the Community shall cancel
3.
the
the
import
corresponding 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
into the
the release for
Community, the relevant quantities shall be set off against the
limits established for the product.

free circulation of

the products

Article 12

licences
exceed

If the competent authorities of the Community find that the
issued by the
total quantities covered by export
competent
relevant
of Ukraine
authorities
quantitative limit established for products covered by Annex II
of the Agreement the Community authorities shall suspend the
further issue of import authorisations in respect of products
covered by the quantitative limit in question. In this event, the
competent authorities of
immediately
inform the authorities of Ukraine and immediate consultations
pursuant to Article 9(2) of the Agreement shall be initiated.

the Community shall

the

TITLE IV

FORM AND PRODUCTION OF EXPORT LICENCES AND
CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS
CONCERNING EXPORTS TO THE COMMUNITY

Article 13

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 x 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 background. 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.

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Official Journal of the European Union

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Each document shall bear a standardised serial number,

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

Article 14

This number shall be composed of the following elements:

— two letters identifying the exporting country as follows:

UA = Ukraine;

— two letters

identifying the intended Member State of

customs clearance as follows:

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 15

BE = Belgium

CZ = Czech Republic

DK = Denmark

DE = Germany

EE = Estonia

EL = Greece

ES = Spain

FR = France

IE

IT

= Ireland

= Italy

CY = Cyprus

LV = Latvia

LT = Lithuania

LU = Luxembourg

HU = Hungary

MT = Malta

NL = Netherlands

AT = Austria

PL

= Poland

PT = Portugal

SI

= Slovenia

SK = Slovakia

FI

= Finland

SE = Sweden

GB = United Kingdom;

— a one-digit number

in question
corresponding to the last figure in the year, e.g. ‘3’ for 2003;

identifying the year

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

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.

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
Ukrainian governmental authorities competent to issue licences
or to the Ukrainian organisations authorised to issue certificates
of origin under Ukrainian legislation,
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’.

respectively,

for

The duplicate shall bear the date of the original export

2.
licence or certificate of origin.

TITLE V

ADMINISTRATIVE COOPERATION

Article 16

The Parties 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.

Article 17

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

Article 18

shall

send

the
European
the Commission of
Ukraine
Communities
the competent
the names and addresses of
Ukrainian authorities which are authorised to issue and to verify
export
and certificates of origin together with
specimens of the stamps and signatures they use. Ukraine shall
also notify the Commission of any change in this information.

licences

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Official Journal of the European Union

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Article 19

Article 20

Subsequent verification of certificates of origin or export
1.
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 accuracy
of the information regarding the true origin of the products in
question.

In such cases, the competent authorities in the Community
2.
shall return the certificate of origin or the export licence or a
copy thereof to the appropriate Ukrainian authorities giving,
where appropriate, the reasons of
form or substance which
justify an enquiry.
the invoice has been submitted, such
invoice or a copy thereof shall be attached to the certificate 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.

If

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

at

The

latest.

three months

4.
The results of the subsequent verifications carried out in
shall be
accordance with paragraphs 1 and 2 above
communicated to the competent authorities of the Community
within
information
the
communicated shall
indicate whether the disputed certificate,
licence or declaration, 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. Should such verifications
reveal systematic irregularities in the use of certificates of origin,
the Community may subject
in
question to the provisions of Article 2(1) of this Protocol.

the products

imports of

For the purpose of subsequent verification of certificates of
5.
origin, copies of
the certificates as well as any export
documents referring to them shall be kept by the appropriate
Ukrainian authorities 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.

1. Where the verification procedure referred to in Article 19
or where information available to the competent authorities of
the Community or of Ukraine indicates or appears to indicate
that the provisions of the Agreement are being circumvented or
infringed, the two Parties shall cooperate closely and with the
appropriate urgency in order to prevent any such circumvention
or infringement.

2.
To this end, the appropriate Ukrainian 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
in circumvention or infringement of this
Community to be,
Protocol. Ukraine shall communicate the results of
these
including any other pertinent
inquiries to the Community,
the circumvention or
information enabling the cause of
infringement,
the goods to be
determined.

including the true origin of

By agreement between the Parties, officials designated by
3.
the Community may be present at the inquiries referred to in
paragraph 2 above.

the provisions of

the competent authorities of

In pursuance of the cooperation referred to in paragraph 1
4.
above,
the Community and
Ukraine shall exchange any information considered by either
Party to be of use in preventing circumvention or infringement
the Agreement. These exchanges may
of
include information on the trade in the type of products
covered by the Agreement between Ukraine 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 Ukraine prior to their importation into the
Community. This information may include at the request of the
Community copies of
relevant documentation, where
available.

all

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

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Official Journal of the European Union

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EXPORT LICENCE

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Official Journal of the European Union

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EXPORT LICENCE

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Official Journal of the European Union

L 384/39

CERTIFICATE OF ORIGIN

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Official Journal of the European Union

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CERTIFICATE OF ORIGIN