Agreement between the European Community and the Russian Federation on trade in certain steel products - Declarations - Protocols
Date: 2005-11-03
Institutions: European Community, Russia
Subjects: Russia, agreement (EU), export licence, import licence, import restriction, iron and steel product

22.11.2005

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Official Journal of the European Union

L 303/39

between the European Community and the Russian Federation on trade in certain steel products

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE RUSSIAN FEDERATION,

of the other part,

being the Parties to this Agreement,

WHEREAS the Partnership and Cooperation Agreement (hereinafter referred to as the ‘PCA’) establishing a partnership
between the European Communities and their Member States, of the one part, and the Russian Federation, of the other
part (1), entered into force on 1 December 1997,

WHEREAS the Parties are desirous to promote the orderly and equitable development of trade in steel between the
European Community (hereinafter referred to as ‘the Community’) and the Russian Federation (hereinafter referred to as
‘Russia’),

WHEREAS Article 21 of the PCA provides that trade in the steel products of the former European Coal and Steel
Community, hereinafter referred to as ‘ECSC’, shall be governed by Title III, save for Article 15 thereof, and by the
provisions of an agreement; whereas this Agreement is the agreement referred to in Article 21 of the PCA,

BEARING IN MIND the process of accession of Russia to the World Trade Organisation (WTO) and Community support
for the integration of Russia into the international trading system,

WHEREAS for the years 1995-2004 trade in certain steel products was the subject of agreements, which it is appropriate
to replace with a further agreement which takes account of developments in the relationship between the Parties,

WHEREAS this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries,
including appropriate exchanges of information, within the Contact Group on coal and steel as foreseen in Protocol 1 to
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 be

3.
subject to quantitative limits.

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

Article 2

1.
The Parties agree to establish and maintain for the period
of validity of the present Agreement for each calendar year

(1) OJ L 327, 28.11.1997, p. 3.

quantitative arrangements fixing the limits set out in Annex II
on Russian exports to the Community of the products set out
in Annex I. Such exports shall be subject to a double-checking
system as specified in Protocol A.

2.
The Parties agree that imports into the Community from
Russia of products included in Annex I as from 1 January 2005
until the entry into force of this Agreement shall be deducted
from the quantitative limits set out in Annex II.

3.
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 listed 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 quantitative limits set out in Annex II.

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Official Journal of the European Union

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In the case where countries candidate for membership of
4.
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.

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

Article 3

Imports into the customs territory of the Community for
1.
free circulation of the products set out 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
Russia, and to proof of origin in accordance with the provisions
of Protocol A.

2.
Imports into the customs territory of the Community of
the products set out in Annex I shall not be subject to the
quantitative limits set out
in Annex II provided they are
declared to be for re-export outside the Community in the
same state or after processing, within the administrative
system of control which exists within the Community.

Carry-over to the corresponding quantitative limits for the
3.
following calendar year of the amounts of quantitative limits
not used during the first calendar year is authorised up to 7 %
of the relevant quantitative limit set out in Annex II
for a
product group in question for the year in which it was not
used. Russia shall notify the Community no later than 31
March of the following year if it intends to make use of this
provision.

4.
Up to 7 % of the quantitative limit for a given product
group may be transferred to one or more other groups within
the same product category, that is to say within category SA or
SB, subject to the consent of both Parties. The quantitative limit
for a given product group can be reduced once in the course of
a calendar year. Furthermore,
transfers between SA and SB
categories are permitted up to a maximum of 25 000 tonnes.
resulting from
Any adjustments
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. Russia shall notify the Community no later than
31 May if it intends to make use of this provision.

to the quantitative limits

Article 4

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

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.

this Agreement,

2. Without prejudice to paragraph 1 and with a view to
ensuring the effective functioning of
the
Community and Russia agree to take all necessary steps to
prevent, to investigate and to take any necessary legal and/or
administration action against circumvention, notably by trans-
hipment, re-routing, false declaration concerning the country or
false declaration
falsification of documents,
place of origin,
concerning
of
classification
description
the Community and Russia agree
merchandise. Accordingly,
to establish the necessary legal provisions and administrative
procedures permitting effective action to be taken against
such circumvention, which shall
include the adoption of
legally binding corrective measures against exporters and/or
importers involved.

quantities,

or

3.
infor-
Should the Community believe on the basis of
mation available that this Agreement is being circumvented,
the Community may request consultations with Russia which
shall be held immediately.

4.
Pending the results of the consultations referred to in
paragraph 3, Russia shall, as a precautionary measure, and if
so requested by the Community, take all necessary measures to
ensure that, where sufficient evidence of circumvention is
provided, adjustments of the 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.

5.
Should the Parties be unable in the course of the consul-
tations referred to in paragraph 3 to reach a mutually satis-
factory solution, the Community shall have the right:

(a) where there is sufficient evidence that products covered by
this Agreement originating in Russia have been imported in
circumvention of this Agreement, to set off the relevant
quantities against the quantitative limits established under
the Agreement;

(b) where sufficient evidence shows false declaration concerning
quantities description or classification has occurred,
to
refuse to import the products in question.

— the Community authorities shall inform Russia by the 28th
of each month of the import authorisations issued during
the preceding month,

6.
The Parties agree to cooperate fully to prevent and to
address effectively all problems arising from circumvention of
this Agreement.

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Official Journal of the European Union

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Article 5

1.
The quantitative limits established under this Agreement
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.

in force

combined nomenclature (CN) made in accordance with the
procedures
in the Community concerning the
products set out in Annex I or any decision relating to the
classification of goods shall not have the effect of reducing
the quantitative limits of the products set out Annex II.

changes

in traditional

2.
The Parties shall cooperate in order to prevent sudden and
into the
prejudicial
Community. Should a sudden and prejudicial change in tradi-
tional 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.

flows

trade

3.
Russia shall endeavour to ensure that exports into the
Community of products set out in Annex I are spaced out as
evenly as possible over the year. Should a sudden and preju-
dicial 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.

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

Article 6

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

the Community shall

like products,

2.
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
to the
action concerning
provisions of the PCA.

safeguard measures pursuant

Notwithstanding the provisions of this Agreement,

3.
provisions of Article 18 of the PCA shall apply.

the

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

limits of

Article 8

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

authorisations

licences

export

Either Party may request consultations in the event of any

2.
significant discrepancy between the information exchanged.

Article 9

1. 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
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.

this Agreement at

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

All other consultations shall be governed by the following

3.
provisions:

— any request for consultations shall be notified in writing to

the other Party,

Article 7

— where appropriate, the request shall be followed within a
reasonable period by a report setting out the reasons for the
consultations,

The

classification of

1.
covered by this
Agreement is based on the tariff and statistical nomenclature
of the Community, hereinafter called the ‘combined nomen-
clature’, or in abbreviated form ‘CN’. Any amendment to the

the products

— consultations shall begin within one month from the date of

the request,

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Official Journal of the European Union

22.11.2005

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 Russia accedes to the WTO before the
4.
expiration of this Agreement, the Agreement shall be terminated
as of the date of accession.

The Annexes,

the declarations and
the agreed minute,
5.
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 Russian
languages, each of these texts being equally authentic.

— 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 day of its
1.
signature.
It shall remain in force 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
2.
Agreement which shall require the mutual consent of the Parties
and take effect as agreed by them.

Either Party may denounce this Agreement, provided that
3.
at least six months’ notice is given. In that event, the Agreement
shall come to an end on the expiry of the period of notice and

Hecho en Moscú, el
V Moskvě

Udfærdiget i Moskva, den

Geschehen zu Moskau am

Moskva,
Έγινε στις Μόσχα, στις

Done at Moscow,

Fait à Moscou, le

Fatto a Mosca, addì
Maskavā,

Priimta Maskvoje

Kelt Moszkvában
Magħmul/a f'Moska

Gedaan te Moskou,
Sporządzono w Moskwie

Feito em Moscovo, em

V Moskve

V Moskvi,

Tehty Moskovassa

Utfärdat i Moskva den

Совершено в Москве

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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 Wspólonoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
За Европейское сообшество

Por la Federación de Rusia
Za Ruskou federaci
For Den Russiske Føderation
Für die Russische Föderation
Venemaa Föderatsiooni nimel
Για τη Ρωσική Ομοσπονδία

For the Russian Federation
Pour la Fédération de Russie
Per la Federazione russa
Krievijas Federācijas vārdā
Rusijos Federacijos vardu
A Orosz Föderáció részéről
Għall-Federazzjoni Russa
Voor de Russische Federatie
W imieniu Federacji Rosyjskiej
Pela Federação da Russa
Za Ruskú federáciu
Za Rusko federacijo
Venäjän federaation puolesta
På ryska federationen vägnar
За Российскую Федерацию

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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

SB Long products

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

ANNEX I

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

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

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

7210 90 80 91

7209 16 10 00
7209 16 90 00
7209 17 10 00
7209 17 90 00

7209 18 10 00
7209 18 91 00

7211 14 00 90
7211 19 00 90
7211 23 30 91

7211 23 80 91
7211 29 00 10
7211 90 00 11

7213 91 41 00
7213 91 49 00
7213 91 70 00
7213 91 90 00
7213 99 10 00
7213 99 90 00

7221 00 10 00
7221 00 90 00

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

SB3. Other
longs

7207 19 12 10
7207 19 12 91
7207 19 12 99

7207 20 52 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

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

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

7219 35 10 00
7219 35 90 00

7225 40 12 90
7225 40 90 00

SA4. Alloyed
products

7226 20 00 10
7226 91 20 00
7226 91 91 00

7226 91 99 00
7226 99 00 10

SA5. Alloyed
quarto plates

7225 40 12 30

7225 40 40 00

7225 40 60 00
7225 99 00 10

SA6. Alloyed
cold rolled and
coated sheets

7225 50 00 00
7225 91 00 10
7225 92 00 10
7226 92 00 10

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

7301 10 00 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

SA4. Alloyed products

SA5. Alloyed quarto plates

SA6. Alloyed cold-rolled and coated sheets

SB. Long products

SB1. Beams

SB2. Wire rod

SB3. Other long products

Note: SA and SB are product categories.

SA1 to SA6 and SB1 to SB3 are product groups.

908 268

190 593

389 741

97 080

21 509

100 095

44 948

172 676

292 376

930 975

195 358

399 485

99 507

22 047

102 597

46 072

176 993

299 685

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Agreed minute No 1

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

— 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;

— if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article
5(2), Russia will cooperate, if so requested by the Community, by not issuing export licences for an
intended destination where imports pursuant to such licences would aggravate the problems resulting
from sudden and prejudicial changes in traditional trade flows, it being understood that Russia may
continue to issue licences for other Community destinations;

— the Parties will cooperate closely in order to prevent sudden and prejudicial changes in traditional trade
flows in respect of coils (product group SA1); Russia will give priority to deliveries to its traditional
customers for these products in order to avoid disturbing the Community market, and both Parties will
inform the other immediately in the event of any emerging problems, and

— Russia 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.

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Declaration No 1

In the case Russian operators were to set up service centres in the Community that would further process
products covered by this Agreement imported from Russia, Russia declares that it could request an increase
of quantitative limits mentioned in Annex II. In this case, the Community will examine such request of
increase and the Parties will enter into consultations if required.

Declaration No 2

The Parties declare that they aim at achieving complete liberalisation of trade in steel products. Both Parties
also 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 Russia, the Community shall provide technical assistance, within relevant earmarked budgetary
limits, to help Russia to adopt and implement legislative provisions compatible with those adopted and
applied by the Community. The technical assistance shall be channelled through detailed projects agreed by
both Parties.

Declaration No 3

The Parties agree that they shall not apply with respect to the other Party quantitative restrictions, customs
duties, charges or any similar measures on the export of ferrous waste and scrap under the EC Combined
Nomenclature heading 7204, without prejudice to the provisions of Article 19 of the PCA.

Notwithstanding the previous paragraph, Russia applies currently a tax on exports of ferrous waste and
scrap under the EC Combined Nomenclature 7204. The tax is currently set at 15 % but not less than
EUR 15 per tonne for all products of 7204, except for product 7204 41 00 where the tax is set at 5 %.

The Parties agree to continue the discussion to find a satisfactory solution. Furthermore, it is understood
that the quantitative limits set out in Annex II of the Agreement would be increased by 12 % if Russia
removes completely the tax or by a lower percentage to be determined if such tax is reduced, provided that
no other measures that would constitute an obstacle to free export are introduced by Russia.

The products of particular interest
7204 49 10, 7204 49 30, 7204 49 91 and 7204 49 99.

for

the Community are: 7204 10 00, 7204 21 10, 7204 41 10,

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TITLE I

Classification

Article 1

PROTOCOL A

TITLE III

Double-checking system for products subject to quanti-
tative limits

The competent authorities of
the Community undertake to
inform Russia of any changes in the combined nomenclature
(CN) in respect of products covered by this Agreement at least
one month before the date of their entry into force in the
Community.

SECTION I

Exportation

Article 5

TITLE II

Origin

Article 2

1.
Products covered by this Agreement originating in Russia
(origin as defined by the relevant Community Regulations) to be
exported
the
arrangements established by this Agreement shall be accom-
panied by a certificate of Russian origin conforming to the
model annexed to this Protocol.

in accordance with

the Community

to

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

Each export

the
licence must certify,
2.
quantity of the product in question has been set off against
the relevant quantitative limit established for
the product
concerned in Annex II to the Agreement.

inter alia,

that

2.
The certificate of origin shall be certified by the competent
Russian organisations authorised under Russian legislation as to
whether the products in question can be considered products
originating in that country.

Article 7

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

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 competent Russian orga-
nisations authorised under Russian legislation shall ensure that
the certificate of origin is properly completed and for this
purpose they shall
for any necessary documentary
evidence or carry out any checking which they consider appro-
priate.

request

Article 8

Exports shall be set off against

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

2.
For the purposes of applying paragraph 1, shipment of
goods is considered to have taken place on the date of their
loading onto the exporting transport as evidenced by their bill
of lading or other transport document.

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
importing the
products shall not ipso facto cast doubt upon the statements
in the certificate.

the necessary formalities

for

SECTION II

Importation

Article 9

The release for free circulation into the Community of the
products covered by the Agreement shall be subject to the
presentation of an import authorisation.

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Article 10

1.
The presentation by the importer of an export licence
shall be made not later than 31 March of the year following
that in which the goods covered by the licence have been
shipped.

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.
The competent authorities of the Community shall issue
the import authorisation referred to in Article 9, within 10
working days of
the
original of the corresponding export licence.

the presentation by the importer of

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:

— two letters identifying the exporting country as follows: RU,

3.
The import authorisations shall be valid for four months
from the date of their issue for importation throughout the
customs territory of the Community.

— two letters

identifying the intended Member State of

customs clearance as follows:

4.
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
the
licence only after
products into the Community, the relevant quantities shall be
set off against the limits established for the product.

free circulation of

the release for

Article 11

If the competent authorities of the Community find that the
total quantity of the products covered by export licences issued
by the competent authorities of Russia exceed the limits set out
in Annex II to the Agreement, the Community authorities shall
suspend the further issue of import authorisations. In this event,
the competent authorities of the Community shall immediately
inform the competent authorities of Russia and immediate
consultations pursuant to Article 9(2) 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 12

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 printed script.

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

MT = Malta

NL = Netherlands

AT = Austria

PL = Poland

PT = Portugal

SI = Slovenia

SK = Slovakia

FI

= Finland

SE = Sweden

GB = United Kingdom,

These documents shall measure 210 × 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

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

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

issuing office concerned in exporting country,

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

Article 13

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 14

In the event of the theft, loss or destruction of an export
1.
licence or a certificate of origin, the exporter may apply to the
competent Russian authorities which issued the document for a
duplicate to be made out on the basis of the export documents
in his possession. The duplicate of any such 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 15

the

authorities

competent

In such cases,

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

3.
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
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
indicate whether the disputed certificate or licence applies to
these goods are
the goods actually exported and whether
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 Community and Russia shall cooperate closely in the imple-
this Protocol. To this end,
mentation of
contacts and exchanges of views,
including on technical
matters, shall be facilitated by both Parties.

the provisions of

5.
For the purpose of subsequent verification of certificates
the certificates as well as any export
of origin, copies of
documents referring to them shall be kept by the competent
Russian organisations for at least one year following the end of
the Agreement.

Article 16

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

Article 17

Russia shall send the Community (European Commission) the
names and addresses of the competent Russian governmental
authorities which are authorised to issue and to verify export
licences and the competent Russian organisations authorised
under Russian legislation to issue
certificates of origin
together with specimens of
the stamps and signatures they
use. Russia
also notify the Community (European
Commission) of any change in these particulars.

shall

Article 18

Subsequent verification of certificates of origin or export
1.
licences shall be carried out at
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.

random, or whenever

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.

Article 19

1. Where the verification procedure referred to in Article 18
or where information available to the competent authorities of
the Community or of Russia indicates or appears to indicate
that the provisions of this 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 Russian authorities shall, on
2.
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. Russia
these
the
enquiries to the Community,
including any other pertinent
information enabling the cause of the circumvention or infrin-
gement,
to be
determined.

true origin of

including the

communicate

the goods

results of

shall

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By agreement between the Community and Russia,
3.
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
4.
1, the competent authorities of the Community and Russia shall
exchange any information considered by either Party to be of
use
the
provisions of this Agreement. These exchanges may include
information on the trade in the type of products covered by
this Agreement between Russia and third countries, particularly

in preventing circumvention or

infringement of

where the Community has reasonable grounds to consider that
the products in question may be in transit across the territory of
Russia 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
the
competent authorities of Russia and the Community may
agree to take any measures necessary to prevent a recurrence
of such circumvention or infringement.

infringed,

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