Agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products - Agreed minute - Protocol A
Date: 2005-07-18
Institutions: European Community, Kazakhstan
Subjects: Kazakhstan, customs regulations, iron and steel product, quantitative restriction, ratification of an agreement, trade agreement (EU)

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,

of the other part,

being the Parties to this Agreement,

WHEREAS the Partnership and Cooperation Agreement between the European Communities and their Member States
and the Republic of Kazakhstan (hereinafter referred to as the PCA) (1), signed on 23 January 1995, entered into force
on 1 July 1999;

WHEREAS the European Community (hereinafter referred to as the Community) and the Government of the Republic of
Kazakhstan (hereinafter referred to as Kazakhstan) are desirous to promote the orderly and equitable development of
trade in steel products between the Community and Kazakhstan;

WHEREAS Article 17(1) of the PCA provides that trade in certain steel products (i.e. the steel products of the former
European Coal and Steel Community, hereinafter referred to as ECSC) is governed by Title III of the PCA, save for
Article 11 thereof and by the provisions of an Agreement; whereas this Agreement constitutes an Agreement in the
sense of Article 17(1) of the PCA;

WHEREAS for the years 2000 to 2004, trade in these steel products was the subject of an agreement, which it is appro-
priate to replace with a further agreement which takes account of developments in the relationship between the Parties;

WHEREAS this Agreement is designed to provide a framework permitting the removal of quantitative restrictions on
trade in certain steel products, provided that certain conditions are met and in particular when proper competitive
conditions have been established in respect of the steel products covered by the Agreement;

WHEREAS this Agreement should be complemented by the cooperation between the Parties in respect of their steel
industries, including appropriate exchanges of information, within the Contact Group as foreseen in Article 17(2) of the
PCA,

HAVE AGREED AS FOLLOWS:

Article 1

This Agreement applies to trade in (former ECSC) steel

1.
products.

Trade in steel products set out in Annex I may be subject

2.
to quantitative limits.

Trade in steel products not set out in Annex I shall not

3.
be subject to quantitative limits.

In the case of steel products and subject matters which
4.
are not covered by this Agreement, the relevant provisions of
the PCA shall apply.

Article 2

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

reiterate

The Parties

2.
to achieve
their
complete liberalisation of trade in respect of the steel products
mentioned in Annex I provided that compatible competitive
conditions have been established.

commitment

3.
Quantitative restrictions, customs duties, charges or any
similar measures on the export of ferrous scrap and waste
under the Combined Nomenclature heading 7204 are prohib-
ited among the Parties.

The Parties agree to establish and maintain for each
1.
calendar year quantitative limits on the Kazakh exports to the

(1) OJ L 196, 28.7.1999, p. 3.

The Parties agree that imports into the Community from
4.
Kazakhstan of products mentioned in Annex I as
from
1.1.2005 until the entry into force of this Agreement shall be
deducted from the quantitative limits set out in Annex II.

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5.
Imports of quantities in excess of those mentioned in
Annex II shall be authorised where the Community industry is
unable to meet the internal demand which results in a shortage
of supply for one or more products mentioned in Annex I.
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 consul-
tations, the Community shall instigate its internal procedures to
increase the quantities set out in Annex II.

limits resulting from transfers shall only affect the calendar year
in progress. At the start of the following calendar year, the
quantitative limits shall be those shown at Annex II, without
prejudice to the provisions of paragraph 3 above. Kazakhstan
shall notify the Community no later than 31 May if it intends
to make use of this provision.

6.
In the case where countries candidate for membership of
the European Union would accede before the termination of
this Agreement, the Parties agree to consider to increase the
quantitative limits set out in Annex II.

Article 4

Either Party may, at any time,

7.
concerning:

request consultations

— the levels of the quantitative limits set out in Annex II,
where the conditions in respect of the products mentioned
in Annex I have substantially deteriorated or improved,

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

— the Kazakh authorities shall inform the Community autho-
rities by the 28th of each month of the export licences
issued during the preceding month,

— the possibility of transferring unused amounts from under-

utilised product groups to other groups.

— the Community authorities shall inform the Kazakh autho-
rities by the 28th of each month of the import authorisa-
tions issued during the preceding month.

Article 3

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 immedi-
ately.

1.
Imports into the customs territory of the Community for
free circulation of steel products mentioned in Annex I shall be
subject to the presentation of an import authorisation issued by
the competent authority of a Member State based on the
production of an export licence issued by the authorities of
Kazakhstan and to a certificate of origin in accordance with the
provisions of Protocol A.

2.
Imports into the customs territory of the Community of
steel products mentioned 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.

Carryover to the corresponding quantitative limits for the
3.
following calendar year of the amounts of quantitative limits
set out in Annex II not used during the first calendar year is
authorised up to 10 % of the relevant quantitative limit for the
year in which it was not used. Kazakhstan shall notify the
Community no later than 31 March of the following year if it
intends to make use of this provision.

The quantitative limit for a given product group can be
4.
adjusted once in the course of a calendar year up to 10 % of
the quantitative limit for a given product group, subject to the
consent of both Parties. Any adjustments to the quantitative

2. Without prejudice to paragraph 1 and with a view to
ensuring the effective functioning of
this Agreement, both
Parties agree to take all necessary steps to prevent, to investi-
gate and to take any necessary legal and/or administration
action against circumvention by transhipment, re-routing, false
declaration concerning the country or place of origin, falsifica-
tion of documents,
false declaration concerning quantities
description or classification of merchandise and by whatever
other means. Accordingly, the Parties agree to establish the
necessary legal provisions
and administrative procedures
permitting effective action to be taken against such circumven-
tion, which shall include the adoption of legally binding correc-
tive measures against exporters and/or importers involved.

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.

4.
Pending the results of the consultations referred to in
paragraph 3, and if requested by the Community and on provi-
sion of sufficient evidence, Kazakhstan shall ensure that any
adjustments of the quantitative limits which may result from
such consultations, are 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.

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5.
Should the Parties be unable in the course of the consul-
tations referred to in paragraph 3 to reach a mutually satisfac-
tory solution, the Community shall have the right, where there
is sufficient evidence that steel products covered by this Agree-
ment originating in Kazakhstan have been imported in circum-
vention of this Agreement, to set off the relevant quantities
against the quantitative limits set out in Annex II.

6.
Should the Parties be unable in the course of the consul-
tations referred to in paragraph 3 to reach a mutually satisfac-
tory solution, the Community shall have the right, where suffi-
cient evidence shows false declaration concerning quantities
description or classification has occurred, to refuse to import
the products in question.

Article 6

1. Where any product covered by this Agreement is being
imported into the Community from Kazakhstan under such
conditions as to cause or threaten to cause substantial injury to
Community producers of like products, the Community shall
supply Kazakhstan with all relevant information with a view to
seeking a solution acceptable to both Parties. The Parties shall
commence consultations immediately.

Should the consultations referred to in paragraph 1 fail to
2.
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 provi-
sions of the PCA.

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

Notwithstanding the provisions of this Agreement, the

3.
provisions of Article 13.6 of the PCA shall apply.

Article 5

1.
The quantitative limits set out in Annex II on imports
into the Community of the steel products set out in Annex I
shall not be broken down by the Community into regional
shares.

2.
The Parties shall cooperate in order to prevent sudden
and prejudicial changes in traditional trade flows into the Com-
munity. Should a sudden and prejudicial change in 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 supplies),

3.
Kazakhstan shall endeavour to ensure that exports into
the Community of steel products mentioned in Annex I 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.

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

Article 7

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

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

Article 8

1. Without prejudice to the periodic exchange of informa-
tion on export licences and import authorisations pursuant to
Article 4(1), the Parties agree to exchange full statistical infor-
mation relating to the products mentioned in Annex I at appro-
priate intervals taking account of the shortest periods in which
the information in question is prepared which shall cover
export licences and import authorisations issued pursuant to
Article 3, 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.

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Article 9

Article 11

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

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

All other consultations shall be governed by the following

3.
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 the request,

— consultations shall arrive at a mutually acceptable result
their commencement, unless the

within one month of
period is extended by agreement between the Parties.

Specific additional consultations may also be held by

4.
agreement between the Parties.

Article 10

Both Parties aim at achieving complete liberalisation of trade in
steel products and recognise 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 Kazakhstan,
the Community shall provide technical assistance to help
Kazakhstan 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.

1.
This Agreement shall enter into force on the day of its
signature. It shall be applicable until 31 December 2006 unless
it is denounced or terminated in accordance with, respectively,
the provisions of paragraph 3 or 4.

Either Party may at any time propose modifications to
2.
this Agreement which at the request of either Party shall be the
subject of consultations.

3.
Either Party may denounce this Agreement, provided that
at least six months' notice is given. In that event, the Agree-
ment shall come to an end on the expiry of the period of
notice and the quantitative limits in the Community established
in Annex II shall be reduced on a pro rata basis up to the date
on which denunciation takes effect unless the Parties decide
otherwise.

4.
In the event that Kazakhstan accedes to the WTO before
the expiration of this Agreement, the Agreement shall be termi-
nated as of the date of accession.

5.
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 the consultations fore-
seen 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 Kazakhstan of the products
mentioned in Annex I.

The Annexes, the Agreed Minute and Protocol A annexed

6.
to this Agreement shall form an integral part thereof.

Article 12

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, Kazakh and
Russian languages, each of these texts being equally authentic.

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Hecho en Bruselas, el diecinueve de julio del dos mil cinco.

V Bruselu dne devatenáctého července dva tisíce pět.

Udfærdiget i Bruxelles den nittende juli to tusind og fem.

Geschehen zu Brüssel am neunzehnten Juli zweitausendfünf.

Kahe tuhande viienda aasta juulikuu üheksateistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δεκαεννέα Ιουλίου δύο χιλιάδες πέντε.

Done at Brussels on the nineteenth day of July in the year two thousand and five.

Fait à Bruxelles, le dix-neuf juillet deux mille cinq.

Fatto a Bruxelles, addi' diciannove luglio duemilacinque.

Briselē, divtūkstoš piektā gada deviņpadsmitajā jūlijā.

Priimta du tūkstančiai penktų metų liepos devynioliktą dieną Briuselyje.

Kelt Brüsszelben, a kettőezer ötödik év július tizenkilencedik napján.
Magħmul fi Brussel, fid-dsatax jum ta' Lulju tas-sena elfejn u ħamsa.

Gedaan te Brussel, de negentiende juli tweeduizend vijf.

Sporządzono w Brukseli dnia dziewiętnastego lipca roku dwutysięcznego piątego.

Feito em Bruxelas, em dezanove de Julho de dois mil e cinco.

V Bruslju, devetnajstega julija leta dva tisoč pet.

V Bruseli dňa devätnásteho júla dvetisícpäť.

Tehty Brysselissä yhdeksäntenätoista päivänä heinäkuuta vuonna kaksituhattaviisi.

Som skedde i Bryssel den nittonde juli tjugohundrafem.

Совершено в городе Брюсселе девятнадцатого іюля две тысячі пятого года.

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Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

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

På Europeiska gemenskapens vägnar

За Европейское сообщество

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Por el Gobierno de la República de Kazajstán

Za vládu Republiky Kazachstán

For regeringen for Republikken Kasakhstan

Im Namen der Regierung der Republik Kasachstan

Kasahstani Vabariigi valitsuse nimel
Για την κυβέρνηση της ∆ηµοκρατίας του Καζακστάν

For the Government of the Republic of Kazakhstan

Pour le gouvernement de la République du Kazakhstan

Per il governo della Repubblica del Kazakstan

Kazahstānas Republikas valdības vārdā

Kazachstano Respublikos Vyriausybės vardu

a Kazah Köztársaság Kormánya részéről
Għall-Gvern tar-Repubblika tal-Kazakastan
Voor de regering van de Republiek Kazachstan

W imieniu rządu Republiki Kazachstanu

Pelo Governo da República do Cazaquistão

Za vládu Kazašskej republiky

Za Vlado Republike Kazahstan

Kazakstanin tasavallan hallituksen puolesta

På Republiken Kazakstans regerings vägnar

За Правітельство Республікі Казахстан

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SA 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 91 10
7208 52 91 90
7208 52 10 00

ANNEX I

7208 52 99 00
7208 53 10 00
7211 13 00 00

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 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
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
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

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ANNEX II

QUANTITATIVE LIMITS

Products

2005

2006

(Tonnes)

SA. Flat products

SA1. Coils

SA2. Heavy plate

SA3. Other flat products

85 000

87 125

0

0

115 000

117 875

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AGREED MINUTE

In the context of this Agreement, 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), Kazakhstan will coop-
erate, 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

— Kazakhstan will take due account of the sensitive nature of small regional markets within the Com-
munity both as regards their traditional needs for supplies and the avoidance of regional concentra-
tions.

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PROTOCOL A

TITLE I

CLASSIFICATION

Article 1

The certificate of origin shall be certified by the Kazakh
2.
organisations authorised for such purposes under Kazakh legis-
lation as to whether the products in question can be considered
as products originating in Kazakhstan.

1.
The competent authorities of the Community undertake
to inform Kazakhstan of any changes in the combined nomen-
clature (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 Kazakhstan of any deci-
sions relating to the classification of products covered by the
Agreement within one month of their adoption at the latest.

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
Kazakh organisations authorised for
such purposes under
Kazakh 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.

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.

the competent authorities of

3. Where a decision on classification results in a change of
classification practice of any product covered by the Agree-
ment,
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 days 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 Kazakhstan 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 of the Agreement
with a view to reaching agreement on the definitive classifica-
tion of the products concerned.

TITLE II

ORIGIN

Article 2

Article 4

The discovery of slight discrepancies between the statements
made in the certificate of origin and those made in the docu-
ments produced to the customs office for the purpose of
carrying out the 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 Kazakh governmental authorities shall issue an
export licence in respect of all consignments from Kazakhstan
of steel products covered by the Agreement up to the quantita-
tive limits set out in Annex II of the Agreement.

Article 6

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.

2.
Each export licence must certify, inter alia, that the quan-
tity of the product in question has been set off against the rele-
vant quantitative limit established for the product concerned in
Annex II of the Agreement.

1.
Products originating in Kazakhstan according to the Com-
munity Regulations in force for export to the Community in
accordance with the arrangements established by the Agree-
ment shall be accompanied by a certificate of Kazakh origin
conforming to the model annexed to this Protocol.

Article 7

competent authorities of

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

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Article 8

tions pursuant
initiated.

to Article 9(2) of

the Agreement shall be

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

TITLE IV

For the purposes of applying paragraph 1, shipment of
2.
goods is considered to have taken place on the date of their
loading onto the exporting means of transport.

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

CONCERNING EXPORTS TO THE COMMUNITY

Article 9

The presentation of an export licence, in application of Article
11, shall be effected not later than 31 March of the year
following that in which the goods covered by the licence have
been shipped.

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 13

The export

1.
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 block letters.

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 back-
ground. This copy shall be clearly marked ‘original’ and the
other copies ‘copies’. Only the original shall be accepted by the
competent authorities of the Community as being valid for the
purpose of export to the Community in accordance with the
provisions of the Agreement.

Each document shall bear a standardised serial number,

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

This number shall be composed of the following elements:

Article 11

— two letters identifying the exporting country as follows:

1.
The competent authorities of the Community shall issue
the import authorisation referred to in Article 10 within 10
working days of
the
original of the corresponding export licence.

the presentation by the importer of

KZ = Kazakhstan,

— two letters

identifying the intended Member State of

customs clearance as follows:

The import authorisations shall be valid for four months
the

2.
from the date of
customs territory of the Community.

issue for imports throughout

their

3.
The competent authorities of the Community shall cancel
the import authorisation already issued whenever the corre-
sponding export licence has been withdrawn. However, if the
competent authorities of the Community are notified of the
withdrawal or the cancellation of the export licence only after
the release for free circulation of the products into the Com-
munity, 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 compe-
tent authorities of Kazakhstan exceed the relevant quantitative
limit established for products covered by Annex II of
the
Agreement
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 Kazakhstan and immediate consulta-

the Community authorities

the Community shall

shall

BE = Belgium

CZ = Czech Republic

DK = Denmark

DE = Germany

EE = Estonia

EL = Greece

ES = Spain

FR = France

IE

= Ireland

IT = Italy

CY = Cyprus

LV = Latvia

LT = Lithuania

LU = Luxembourg

HU = Hungary

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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 identifying the year in question corre-
sponding to the last figure in the year, e.g. ‘5’ for 2005,

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

lar issuing office concerned in exporting country,

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

Article 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

In the event of theft,

1.
loss or destruction of an export
licence or a certificate of origin, the exporter may apply to the
Kazakh governmental authorities competent to issue licences or
to the Kazakh organisations authorised to issue certificates of
origin under Kazakh 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’.

The duplicate shall bear the date of the original export

2.
licence or certificate of origin.

TITLE V

ADMINISTRATIVE COOPERATION

Article 16

of origin issued or of any declarations made within the terms
of this Protocol.

Article 18

Kazakhstan shall send the Community (European Commission)
the names and addresses of the competent Kazakh 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. Kazakhstan shall also notify the Com-
munity (European Commission) of any change in this informa-
tion.

Article 19

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

the information regarding the true origin of

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

The provisions of paragraph 1 shall also apply to subse-
3.
quent verifications of the certificates of origin provided for in
Article 2.

The results of the subsequent verifications carried out in
4.
accordance with paragraphs 1 and 2 shall be communicated to
the competent authorities of
the Community within three
months at the latest. The information communicated shall indi-
cate 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.

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.

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).

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

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

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Official Journal of the European Union

L 232/77

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.

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

Article 20

1. Where the verification procedure referred to in Article 19
or where information available to the competent authorities of
the Community or of Kazakhstan indicates or appears to indi-
cate that the provisions of the Agreement are being circum-
vented 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 Kazakh 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. Kazakhstan shall communicate the results of these
inquiries to the Community,
including any other pertinent
information enabling the cause of the circumvention or infrin-
including the true origin of the goods to be deter-
gement,
mined.

4.
In pursuance of the cooperation referred to in paragraph
1, the competent authorities of the Community and Kazakhstan
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 Kazakhstan and third countries, parti-
cularly where the Community has reasonable grounds to
consider that the products in question may be in transit across
the territory of Kazakhstan prior to their importation into the
Community. This information may include, at the request of
the Community, copies of all relevant documentation, where
available.

5. Where sufficient evidence shows that the provisions of
this Protocol have been circumvented or infringed, the compe-
tent authorities of Kazakhstan 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 232/81

CERTIFICATE OF ORIGIN

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Official Journal of the European Union

8.9.2005

CERTIFICATE OF ORIGIN