Proposal for a Council Decision on the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products
Date: 2005-06-23
Institutions: European Commission
Subjects: Ukraine, iron and steel product, quantitative restriction, trade agreement (EU), trade regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.06.2005 
COM(2005) 270 final 

2005/0114 (ACC) 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The Community's Partnership and Cooperation Agreement with Ukraine provides that 
trade in certain steel products must be the subject of an Agreement between the Parties. 

120 

•  General context 

An  earlier  Agreement  on  trade  between  the  Community  and  Ukraine  in  certain  steel 
products covered the period up to 31 December 2004. By its Decision of 2 November 
2004,  the  Council  authorised  the  Commission  to  negotiate  a  new  Agreement  for  the 
period  2005-2006.  Negotiations  leading  to  the  new  Agreement  have  been  completed 
successfully.  That  new  Agreement  sets  quantitative  limits  for  imports  into  the 
Community of certain steel products  and will  apply from  the  date of entry into force 
until  31  December  2006  or  until  Ukraine's  accession  to  the  WTO,  whichever  date  is 
earlier. 

139 

141 

219 

229 

230 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

The  legal  basis  of  the  agreement  is  Article  133  together  with  Article  300(2)  of  the 
Treaty. No consultation of third parties is formally required. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Possible  impacts  were  assessed  for  the  preparation  of  the  negotiating  mandate.  That 
analysis  took  into  account  the  experience  gained  through  similar  agreements  or 
equivalent autonomous measures in force since several years. The interest of interested 
parties has been taken into account. 

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305 

310 

329 

331 

341 

342 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Conclusion of a bilateral agreement on trade in certain steel products between the EC 
and Ukraine 

•  Legal basis 

Article 133 + Article 300(2) of the Treaty establishing the EC 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Import of steel products covered by this Council Decision are subject to a quota and to 
an import authorization. EU importers apply for the necessary import authorization to 
the an EU competent authority. The competent authority checks the conformity of the 
documentation submitted by the applicant and verifies electronically with a central data 
base  that  the  required  quantities  are  available  and  then  releases  the  import 
authorization.  The  implementing  mechanism  is  designed  to  minimize  the  number  of 
intervening  parties.  The  system  is  thus  rather  light,  with  very  limited  levels  involved 
and no involvement from the Commission services. 

Similar international agreements have been concluded since several years. The absence 
of  request  for  modifications  by  all  the  parties  involved  may  be  interpreted  as 
confirming  that  operators  and  national  administrations  see  the  system  as  reasonably 
light. 

•  Choice of instruments 

Proposed instruments: other. 

Other means would not be adequate for the following reason(s). 

There is no other way to conclude an international trade agreement. 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

The proposal includes a revision clause. 

The proposal includes a sunset clause. 

531 

532 

533 

E-1416 

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2005/0114 (ACC) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

(3) 

The  Partnership  and  Cooperation  Agreement  establishing  a  partnership  between  the 
European Communities and their Member States, of the one part, and Ukraine, of the 
other part 2, entered into force on 1 March 1998. 

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. 

For the years 1995-2001, trade in certain steel products was the subject of agreements 
between  the  Parties,  and  in  2002,  2003  and  up  to  19  November  2004  of  specific 
arrangements.  A  further  Agreement  was  concluded  on  19  November  2004  covering 
the period up to 31 December 2004. A new Agreement covering the period up to 31 
December 2006 has been concluded between the Parties. 

(4) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

1. 

The Agreement between the European Community and the Government of Ukraine 
concerning  trade  in  certain  steel  products  is  hereby  approved  on  behalf  of  the 
Community. 

2. 

The text of the Agreement is attached to this Decision. 

1 
2 

OJ C […] […], p. […] 
OJ L 49, 19.2.1998, p. 3 

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

Article 2 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

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

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 establishing a partnership between the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other 
part, hereinafter referred to as “the PCA”, entered into force on 1 March 1998; 

Whereas the Parties are desirous to promote the orderly and equitable development of trade in 
steel between them; 

Whereas  Article  22(1)  of  the  PCA  provides  that  trade  in  certain  steel  products  shall  be 
governed  by  Title  III  with  the  exception  of  Article  14  thereof,  and  by  the  provisions  of  an 
agreement  on  quantitative  arrangements;  whereas  this  Agreement  constitutes  the  agreement 
referred to in Article 22(1) of the PCA; 

Bearing in mind the process of accession of Ukraine to the World Trade Organisation (WTO) 
and  the  Community  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,  in  2002,  2003  and  2004  of  specific  arrangements  and  as 
from November 2004 of an Agreement which is therefore appropriate to replace with a further 
Agreement;  

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 PCA, 

HAVE AGREED AS FOLLOWS: 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Article 1 

This  Agreement  applies  to  trade  in  the  steel  products  set  out  in  Annex  I  to  this 
Agreement originating within the Parties. 

Trade in steel products set out in Annex II may be subject to quantitative limits. 

Trade  in  steel  products  not  set  out  in  Annex  II  shall  not  be  subject  to  quantitative 
limits. 

In  the  case  of  steel  products  and  of  subject  matters  which  are  not  covered  by  this 
Agreement, the relevant provisions of the PCA shall apply. 

Article 2 

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  III  of  this 
Agreement on Ukrainian exports to the Community of the products set out in Annex 
II  .  Such  exports  shall  be  subject  to  a  double-checking  system  as  specified  in 
Protocol A. 

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

The  Parties  agree  that  imports  into  the  Community  from  Ukraine  of  the  steel 
products set out in Annex II as from 1 January 2005 until the entry into force of this 
Agreement shall be deducted from the quantitative limits set out in Annex III . 

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

5. 

Each Party may, at any time, request consultations concerning : 

– 

– 

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

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

1. 

Imports  into  the  customs  territory  of  the  Community  for  free  circulation  of  the 
products  set  out  in  Annex  II  shall  be  subject  to  the  presentation  of  an  import 

Article 3 

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2. 

3. 

4. 

authorization  issued  by  the  competent  authority  of  a  Member  State  based  on  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. 

Imports into the customs territory of the Community of the products set out in Annex 
II shall not be subject to the quantitative limits set out in Annex III 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. 

Carry-over to the corresponding quantitative limits for the following calendar year of 
the amounts of quantitative limits not used during any calendar year is authorized up 
to 10% of the relevant quantitative limit set out in Annex III for a product group in 
question for the year in which it was not used. Ukraine shall notify the Community 
no  later  than  31  March  of  the  following  year  if  it  intends  to  make  use  of  this 
provision.  

Up to 15% of the quantitative limit for a given product group may be transferred to 
one or more other groups subject to the consent of both Parties. The quantitative limit 
for a given product group can be adjusted once in the course of a calendar year. Any 
adjustments  to  the  quantitative  limits  resulting  from  transfers  shall  only  affect  the 
calendar year in progress. At the start of the following calendar year, the quantitative 
limits  shall  be  those  shown  at  Annex  III  ,  without  prejudice  to  the  provisions  of 
paragraph  3  above.  Ukraine  shall  notify  the  Community  no  later  than  31  May  if  it 
intends to make use of this provision.  

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: 

2. 

3. 

– 

– 

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

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

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

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,  re-routing,  false  declaration 
concerning  the  country  or  place  of  origin,  falsification  of  documents,  false 
declaration  concerning  quantities,  description  or  classification  of  merchandise. 
Accordingly,  the  Parties  agree  to  establish  the  necessary  legal  provisions  and 
administrative  procedures  permitting  effective  action  to  be  taken  against  such 

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4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

circumvention,  which  shall  include  the  adoption  of  legally  binding  corrective 
measures against exporters and/or importers involved.  

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

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

to  ensure 

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

Should  the  Parties  be  unable  in  the  course  of  the  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. 

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

Article 5 

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

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

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

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4. 

1. 

2. 

3. 

1. 

2. 

1. 

In addition to the obligation contained in paragraph 3, and without prejudice to the 
consultations  foreseen  by  Article  2  (5),  where  licences  issued  by  the  Ukrainian 
authorities  have  reached  90%  of  the  quantitative  limits  for  the  calendar  year  in 
question,  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 licences for the products set out in Annex II provided 
they do not exceed the quantities set out in Annex III . 

Article 6 

Where any product set out in Annex II 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 to both Parties. The 
Parties shall commence consultations promptly. 

Should the consultations referred to in paragraph 1 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.  

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

Article 7 

The  classification  of  the  products  covered  by  this  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  II  or  any  decision  relating  to  the 
classification of goods shall not have the effect of reducing the quantitative limits of 
the products set out Annex III . 

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  reducing  the  quantitative  limits  of  this  Agreement.  The  procedures  for 
control of the origin of the products referred to above are laid down in Protocol A. 

Article 8 

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

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2. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

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

Article 9 

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

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

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

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  its  signature.  It  shall  be 
applicable until 31 December 2006 subject to any modifications agreed by the Parties 
and  unless  it  is  denounced  or  terminated  in  accordance  with,  respectively,  the 
provisions of paragraphs 3 or 4. 

Either  Party  may  at  any  time  propose  modifications  to  this  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 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. 

In the event that Ukraine accedes to the World Trade Organisation (WTO) before the 
expiration of this Agreement, the Agreement shall be terminated and the quantitative 
limits shall be abolished as of the date of accession. 

The  Community  reserves  the  right  at  all  times  to  take  all  appropriate  measures 
including,  where  the  Parties  are  unable  to  reach  a  mutually  satisfactory  solution  in 

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the consultations foreseen in previous Articles or where this Agreement is denounced 
by  either  Party,  the  reintroduction  of  a  system  of  autonomous  quotas  in  respect  of 
exports from Ukraine of the products mentioned in Annex II . 

6. 

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

Article 11 

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  of 
these texts being equally authentic. 

Done at ............... on....... 

For the European Community 

For the Government of Ukraine 

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7201 10 11 00 
7201 10 19 00 
7201 10 30 00 
7201 10 90 00 
7201 20 00 00 
7201 50 10 00 
7201 50 90 00 

7202 11 20 00 
7202 11 80 00 
7202 99 10 10 

7203 10 00 00 
7203 90 00 00 

7204 10 00 00 
7204 21 10 00 
7204 21 90 00 
7204 29 00 00 
7204 30 00 00 
7204 41 10 00 
7204 41 91 00 
7204 41 99 00 
7204 49 10 00 
7204 49 30 00 
7204 49 90 00 
7204 50 00 00 

7206 10 00 00 
7206 90 00 00 
7207 11 11 00 
7207 11 14 00 
7207 11 16 00 
7207 12 10 00 
7207 19 12 10 
7207 19 12 91 
7207 19 12 99 
7207 19 80 10 
7207 20 11 00 
7207 20 15 00 
7207 20 17 00 
7207 20 32 00 
7207 20 52 00 
7207 20 80 10 

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 
7208 40 00 10 
7208 40 00 90 
7208 51 20 10 
7208 51 20 91 
7208 51 20 93 
7208 51 20 97 
7208 51 20 98 
7208 51 91 00 
7208 51 98 10 
7208 51 98 91 
7208 51 98 99 
7208 52 10 00 
7208 52 91 00 
7208 52 99 00 
7208 53 10 00 
7208 53 90 00 
7208 54 00 00 
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 13 00 00 
7211 14 00 10 
7211 14 00 90 

EN 

ANNEX I 

7211 19 00 10 
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 
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 13 

7212 60 00 11 
7212 60 00 91 

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 

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 31 10 10 

14 

7216 31 10 90 
7216 31 90 00 
7216 32 11 00 
7216 32 19 00 
7216 32 91 00 
7216 32 99 00 
7216 33 10 00 
7216 33 90 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 10 00 00 
7218 91 10 00 
7218 91 80 00 
7218 99 11 00 
7218 99 20 00 

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 
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 00 
7219 32 10 00 
7219 32 90 00 
7219 33 10 00 
7219 33 90 00 
7219 34 10 00 
7219 34 90 00 
7219 35 10 00 
7219 35 90 00 
7219 90 00 10 

7220 11 00 00 
7220 12 00 00 
7220 20 21 10 
7220 20 29 10 
7220 20 41 10 
7220 20 49 10 
7220 20 81 10 
7220 20 89 10 
7220 90 00 11 
7220 90 00 31 

7221 00 10 00  7228 10 20 00 
7221 00 90 00  7228 20 10 10 
7228 20 10 91 
7222 11 11 00  7228 20 91 10 
7222 11 19 00  7228 20 91 90 
7222 11 81 00  7228 30 20 00 
7222 11 89 00  7228 30 41 00 
7222 19 10 00  7228 30 49 00 
7222 19 90 00  7228 30 61 00 
7222 30 97 10  7228 30 69 00 
7222 40 10 00  7228 30 70 00 
7222 40 90 10  7228 30 89 00 
7228 60 20 10 
7224 10 00 00  7228 60 80 10 
7224 90 02 00  7228 70 10 00 
7224 90 03 00  7228 70 90 10 
7224 90 05 00  7228 80 00 10 
7224 90 07 00  7228 80 00 90 

7224 90 14 00  7301 10 00 00 

7224 90 31 00  7302 10 21 00 
7224 90 38 00  7302 10 23 00 
7302 10 29 00 
7225 11 00 00  7302 10 40 00 
7225 19 10 00  7302 10 50 00 
7225 19 90 00  7302 10 90 00 
7225 20 00 10  7302 40 00 00 
7225 30 00 00 
7225 40 12 30 
7225 40 12 90 
7225 40 40 00 
7225 40 60 00 
7225 40 90 00 
7225 50 00 00 
7225 91 00 10 
7225 92 00 10 
7225 99 00 10 

7226 11 00 10 
7226 19 10 00 
7226 19 80 10 
7226 20 00 10 
7226 91 20 00 
7226 91 91 00 
7226 91 99 00 
7226 92 00 10 
7226 93 00 10 
7226 94 00 10 
7226 99 00 10 

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

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7212 50 90 13 
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 00 
7219 32 10 00 
7219 32 90 00 
7219 33 10 00 
7219 33 90 00 
7219 34 10 00 
7219 34 90 00 
7219 35 10 00 
7219 35 90 00 

7225 40 12 90 
7225 40 90 00 

SA Flat-rolled products 

ANNEX II  

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. 
Plate) 

(heavy 

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 91 10 
7208 52 91 90 
7208 52 10 00 
7208 52 99 00 

7208 53 10 00 

7211 13 00 00 

7225 40 12 30 
7225 40 40 00 
7225 40 60 00 
7225 99 00 10 

SA3.  (other  flat 
rolled products) 

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

7209 18 91 00 

7212 30 00 11 

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 

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 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7301 10 00 00 

SB Longs  

SB1. (beams) 

7207 19 80 10 
7207 20 80 10 

7216 31 10 10 
7216 31 10 90 

7216 31 90 00 
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. 
longs) 

(other 

7207 19 12 10 
7207 19 12 91 
7207 19 12 99 
7207 20 52 00 

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 10 
7214 99 71 90 
7214 99 79 10 
7214 99 79 90 
7214 99 95 10 
7214 99 95 90 

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 

7222 11 11 00 
7222 11 19 00 
7222 11 81 10 
7222 11 81 90 
7222 11 89 10 

7222 11 89 90 
7222 19 10 00 
7222 19 90 00 
7222 30 97 10 
7222 40 10 00 
7222 40 90 10 

7224 90 02 89 
7224 90 31 00 
7224 90 38 00 

7228 10 20 00 
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 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX III  

QUANTITATIVE LIMITS 

(tonnes) 

Products 

2005 

2006 

SA. Flat-rolled products 

SA1. Coils 

150 000 

153 750 

SA2. Heavy plate 

348 000 

356 700 

SA3. Other flat-rolled products 

97 000 

99 425 

SB. Long products 

SB1. Beams 

SB2. Wire rod 

30 000 

30 750 

125 000 

128 125 

SB3. Other long products 

230 000 

235 750 

Note:  SA and SB are the «categories» 

SA1, SA2, SA3, SB1, SB2 and SB3 are the «product groups» 

EN 

17 

   EN 

 
 
 
 
 
 
 
In the context of this Agreement, the Parties agree that: 

Agreed minute 

– 

– 

– 

in pursuance of the exchange of information provided for 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  provided  for  in  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. 

EN 

18 

   EN 

 
 
Declaration N° 1 

In the context of this Agreement, 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  II  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 N°2 

The Parties agree that they shall not apply quantitative restrictions, customs duties, charges or 
any measures having equivalent effect on the export of ferrous scrap and waste under the EC 
Combined Nomenclature heading 7204.  

However,  Ukraine  is  currently  applying  a  tax  on  the  exports  of  ferrous  scrap  of  €  30  per 
tonne.  The  quantitative  limits  set  out  in  Annex  III  of  this  Agreement  take  into  account  that 
tax. Ukraine is committed not to increase this tax. If Ukraine were to reduce or remove this 
tax  on  all  ferrous  scrap  positions,  the  quantitative  limits  mentioned  in  Annex  III  would  be 
increased accordingly up to 43%. The increase of these quantitative limits would be directly 
proportional to the reduction of the levy. 

In case of removal or reduction of the 30 € export tax on the exports of certain ferrous scrap 
positions, e.g., shredded scrap, the Parties shall enter the consultations immediately in order to 
assess the increase of the quantitative limits set out in Annex III. 

Declaration N° 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 N° 4 

In the case Ukrainian operators were to set up service centres in the Community that would 
further  process  steel  products  set  out  in  Annex  II  imported  from  Ukraine,  Ukraine  declares 
that it could request an increase of quantitative limits mentioned in Annex III . In this case, 
the  Community  shall  examine  such  request  of  increase  and  the  Parties  will  enter  into 
consultations as soon as possible. 

EN 

19 

   EN 

 
PROTOCOL A 

TITLE I 

CLASSIFICATION 

Article 1 

1. 

2. 

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. 

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. 

4. 

5. 

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. 

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 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. 

EN 

20 

   EN 

 
TITLE II 

ORIGIN 

Article 2 

1. 

2. 

Products originating in Ukraine according to 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. 

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

Article 3 

The  certificate  of  origin  shall  be  issued  only  on  application  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 

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 III of the Agreement. 

EN 

21 

   EN 

 
Article 6 

1. 

2. 

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. 

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

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

Article 7 

Article 8 

1. 

2. 

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

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. 

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

Article 9 

SECTION II 

Importation 

Article 10 

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. 

Article 11 

1. 

2. 

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

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

EN 

22 

   EN 

 
3. 

The  competent  authorities  of  the  Community  shall  cancel  the  import  authorisation 
already  issued  whenever  the  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  the  release  for  free 
circulation  of  the  products  into  the  Community,  the  relevant  quantities  shall  be  set 
off against the limits established for the product. 

Article 12 

If the competent authorities of the Community find that the total quantities covered by export 
licences issued by the competent authorities of Ukraine exceed the relevant quantitative limit 
established for products covered by Annex III 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 the Community shall 
immediately  inform  the  authorities  of  Ukraine  and  immediate  consultations  pursuant  to 
Article 9(1) of the Agreement shall be initiated. 

TITLE IV 

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

Article 13 

1. 

The export licence and the certificate of origin may 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. 

2. 

Each  document  shall  bear  a  standardised  serial  number,  whether  or  not  printed,  by 
which it can be identified. 

This number shall be composed of the following elements: 

– 

– 

two letters identifying the exporting country as follows: UA, 

two  letters  identifying  the  intended  Member  State  of  customs  clearance  as 
follows: 

BE 

= 

Belgium 

EN 

23 

   EN 

 
 
CZ 

DK 

DE 

EE 

EL 

ES 

FR 

IE 

IT 

CY 

LV 

LT 

LU 

HU 

MT 

NL 

AT 

PL 

PT 

SI 

SK 

FI 

SE 

GB 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

= 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom; 

– 

– 

a  one-digit  number  identifying  the  year  in  question  corresponding  to  the  last 
figure in the year, e.g. “5” for 2005, 

a  two-digit  number  from  01  to  99,  identifying  the  particular  issuing  office 
concerned in exporting country, 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
– 

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

Article 14 

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 

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, respectively, for a duplicate to be made out on the 
basis of the export documents in his possession. The duplicate of any such certificate 
or licence so issued shall bear the endorsement 'duplicate'. 

2. 

The duplicate shall bear the date of the original export 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 

Ukraine shall send the Commission of the European Communities the names and addresses of 
the  competent  Ukrainian  authorities  which  are  authorised  to  issue  and  to  verify  export 
licences 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. 

EN 

25 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

Article 19 

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

In such cases, the competent authorities in the Community 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. If 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. 

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

The results of the subsequent verifications carried out in accordance with paragraphs 
1 and 2 above 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  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  imports  of  the  products  in  question  to  the 
provisions of Article 2(1) of this Protocol. 

For  the  purpose  of  subsequent  verification  of  certificates  of  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. 

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

Article 20 

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. 

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 

EN 

26 

   EN 

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

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

In pursuance of the cooperation referred to in paragraph 1, the competent authorities 
of the Community and Ukraine shall exchange any information considered by either 
Party to be of use in preventing circumvention or infringement of the provisions of 
the Agreement. These exchanges may 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 all relevant documentation, where available. 

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. 

3. 

4. 

5. 

EN 

27 

   EN 

 
1 Exporter (name, full address, country) 

ORIGINAL 

2 

No 

EXPORT LICENCE 

3 Year 

4 Product group 

5 Consignee (name, full address, country) 

EXPORT LICENCE 

(for certain 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 TARIC code 

12 Quantity(1) 

13 Fob value(2) 

14 CERTIFICATION BY THE COMPETENT AUTHORITY 

I, the undersigned, certify that the goods described above have been charged against the quantitative limit established for the 
year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in certain steel 
products with the European Community. 

15  Competent  authority 
address, country) 

(name, 

full 

At …………………………………. on ……………………………………… 

(Signature) 

(Stamp) 

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28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 Exporter (name, full address, country) 

COPY 

2 

No 

EXPORT LICENCE 

3 Year 

4 Product group 

5 Consignee (name, full address, country) 

EXPORT LICENCE 

(for certain 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 TARIC code 

12 Quantity(1) 

13 Fob value(2) 

14 CERTIFICATION BY THE COMPETENT AUTHORITY 

I, the undersigned, certify that the goods described above have been charged against the quantitative limit established for the 
year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in certain steel 
products with the European Community. 

15  Competent  authority 
address, country) 

(name, 

full 

At …………………………………. on ……………………………………… 

(Signature) 

(Stamp) 

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EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CERTIFICATE OF ORIGIN 

1 Exporter (name, full address, country) 

ORIGINAL 

2 

3 Year 

4 Product group 

No 

5 Consignee (name, full address, country) 

CERTIFICATE OF ORIGIN 

(for certain 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 TARIC code 

12 Quantity(1) 

13 Fob value(2) 

14 CERTIFICATION BY THE COMPETENT AUTHORITY 

I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the 
provisions in force in the European Community. 

15  Competent  authority 
address, country) 

(name, 

full 

At …………………………………. on ……………………………………… 

(Signature) 

(Stamp) 

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30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CERTIFICATE OF ORIGIN 

1 Exporter (name, full address, country) 

COPY 

2 

3 Year 

4 Product group 

No 

5 Consignee (name, full address, country) 

CERTIFICATE OF ORIGIN 

(for certain 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 TARIC code 

12 Quantity(1) 

13 Fob value(2) 

14 CERTIFICATION BY THE COMPETENT AUTHORITY 

I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the 
provisions in force in the European Community. 

15  Competent  authority 
address, country) 

(name, 

full 

At …………………………………. on ……………………………………… 

(Signature) 

(Stamp) 

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31 

   EN