2005/638/: Council Decision of 12 July 2005 concerning the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products#Agreement between the European Community and the Government of Ukraine on trade in certain steel products
Date: 2006-06-21
Institutions: Council of the European Union
Subjects: Ukraine, customs regulations, iron and steel product, quantitative restriction, ratification of an agreement, trade agreement (EU)

L 232/42

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Official Journal of the European Union

8.9.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 12 July 2005

concerning the conclusion of an agreement between the European Community and the Govern-
ment of Ukraine on trade in certain steel products

(2005/638/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Partnership and Cooperation Agreement between
the European Communities and their Member States and
Ukraine (1) entered into force on 1 March 1998.

Article 22(1) of the Partnership and Cooperation Agree-
ment 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 to 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
to 31 December 2004. A new Agreement covering the
period to 31 December 2006 has been negotiated
between the Parties.

(4)

The Agreement should be approved,

Article 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.

The text of the Agreement is annexed to this Decision.

Article 2

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

Done at Brussels, 12 July 2005.

For the Council

The President

G. BROWN

(1) OJ L 49, 19.2.1998, p. 3.

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

AGREEMENT

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

of the one part, and

THE GOVERNMENT OF UKRAINE,

of the other part,

together referred to as ‘the Parties’,

WHEREAS the Partnership and Cooperation Agreement between the European Communities and their Member States
and Ukraine, 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 to 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 there-
fore appropriate to replace with a further Agreement;

WHEREAS the Parties reiterate their commitment to achieve as soon as the conditions are fulfilled complete liberalisa-
tion 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:

Article 1

This Agreement applies to trade in steel products as set

1.
out in Annex I originating in Ukraine and the Community.

Trade in steel products as set out in Annex II may be

2.
subject to quantitative limits.

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

3.
be subject to quantitative limits.

4.
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

1.
The Parties agree to establish and maintain for the period
of validity of the present Agreement quantitative arrangements
fixing the limits set out in Annex III 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 speci-
fied in Protocol A.

The Parties

2.
to achieve
their
complete liberalisation of trade in respect of the steel products

commitment

reiterate

set out in Annex II as soon as the conditions have been estab-
lished.

3.
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.

4.
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. Consulta-
tions 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.

Each Party may, at any time,

5.
concerning:

request consultations

— 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;

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

Annex III
groups.

tion, either Party may request consultations which shall be
opened immediately.

Article 3

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 authorisation 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 provi-
sions of Protocol A.

2.
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.

3.
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 authorised 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. The Government of 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
4.
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 quanti-
tative limits shall be those shown at Annex III, without preju-
dice to the provisions of paragraph 3. 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 minimise the possibilities for abuse
and circumvention:

— the Community authorities shall

inform the Ukrainian
competent authorities by the 28th of each month of the
import authorisations issued during the preceding month;

— the Ukrainian competent authorities shall inform the Com-
munity by the 28th of each month of the export licences
issued during the preceding month.

2.
taking
In the event of any significant discrepancy,
account of the time factors involved in respect of such informa-

3. Without prejudice to paragraph 1 and with a view to
ensuring the effective functioning of this Agreement, the Parties
agree to take all necessary steps to prevent, to investigate and
to take any necessary legal and/or administration action against
circumvention, notably by transhipment,
false
declaration concerning the country or place of origin, falsifica-
tion 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 circumvention, which shall
include the
adoption of legally binding corrective measures against expor-
ters and/or importers involved.

re-routing,

Should either Party believe on the basis of information
4.
available that this Agreement is being circumvented,
it may
request consultations with the other Party which shall be held
immediately.

5.
Pending the results of the consultations referred to in
paragraph 3, the Government of Ukraine shall, as a precau-
tionary 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.

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 there
is sufficient evidence that steel products covered by this Agree-
ment originating in Ukraine have been imported in circumven-
tion of this Agreement, to set off the relevant quantities against
the quantitative limits established under Annex III.

7.
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.

8.
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
1.
on imports into the Community of products set out in Annex
II shall not be broken down by the Community into regional
shares.

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L 232/45

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 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.

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.

3.
The Government of 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 satis-
factory solution to the problem. Such consultations shall be
held immediately.

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

4.
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 competent authori-
the quantitative limits for the
ties have reached 90 % of
calendar year in question, either Party may request consulta-
tions. Such consultations shall be held immediately. Pending
the outcome of such consultations the Ukrainian competent
licences for the
authorities may continue to issue export
products set out in Annex II provided they do not exceed the
quantities set out in Annex III.

Article 6

1. Where any product set out in Annex II is being imported
into the Community from Ukraine under such conditions as to
injury to Community
cause or threaten to cause substantial
supply
producers of
Ukraine 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
action concerning safeguard measures pursuant to the provi-
sions of the Partnership and Cooperation Agreement.

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

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 available statistical
information relating to trade in the products set out in Annex
II at appropriate intervals,
the shortest
periods in which the information in question is prepared,
which shall cover export licences and import authorisations
issued pursuant to Article 3 and import and export statistics in
respect of the products in question.

taking account of

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 this Agreement at the request of either
Party. Any consultations shall take place in a spirit of coopera-
tion and with a desire to reconcile the differences between the
Parties.

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

Article 7

All other consultations shall be governed by the following

3.
provisions:

1.
The classification of the products covered by this Agree-
ment is based on the tariff and statistical nomenclature of the

— any request for consultations shall be notified in writing to

the other Party,

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Official Journal of the European Union

8.9.2005

— 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 accep-
table 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
1.
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.

2.
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
3.
at least six months' notice is given. In that event, this Agree-
ment 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 denuncia-
tion takes effect unless the Parties decide otherwise.

In the event that Ukraine accedes to the WTO before the
4.
expiration of this Agreement, this Agreement shall be termi-
nated and the quantitative limits shall be abolished as of the
date of accession.

The Community reserves the right at all times to take all
5.
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 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 annexed 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.

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L 232/47

Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles den
Geschehen zu Brüssel am
Brüsselis
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Fatto a Bruxelles, addi'
Briselē,
Priimta Briuselyje
Kelt Brüsszelben,
Magħmul fi Brussel,
Gedaan te Brussel,
Sporządzono w Brukseli, dnia
Feito em Bruxelas,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den
Вчінено в м.

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 Eвропейське Спивтоваріство

L 232/48

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8.9.2005

Por el Gobierno de Ucrania
Za vládu Ukrajiny
For Ukraines regering
Für die Regierung der Ukraine
Ukraina valitsuse nimel
Για την Κυβέρνηση της Ουκρανίας

For the Government of Ukraine
Pour le gouvernement ukrainien
Per il governo dell'Ucraina
Ukrainas valdības vārdā
Ukrainos Vyriausybės vardu
Ukrajna kormánya részéről
Għall-Gvern ta' l-Ukrajna
Voor de regering van Oekraïne
W imieniu Rządu Ukrainy
Pelo Governo da Ucrânia
Za vládu Ukrajiny
Za Vlado Ukrajine
Ukrainan hallituksen puolesta
För Ukrainas regering
За Уряд Украйні

8.9.2005

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Official Journal of the European Union

L 232/49

ANNEX I

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
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
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
7221 00 90 00
7222 11 11 00
7222 11 19 00
7222 11 81 00
7222 11 89 00
7222 19 10 00
7222 19 90 00
7222 30 97 10
7222 40 10 00
7222 40 90 10
7224 10 00 00
7224 90 02 00
7224 90 03 00
7224 90 05 00
7224 90 07 00
7224 90 14 00
7224 90 31 00
7224 90 38 00
7225 11 00 00
7225 19 10 00
7225 19 90 00
7225 20 00 10
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
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
7302 10 21 00
7302 10 23 00
7302 10 29 00
7302 10 40 00
7302 10 50 00
7302 10 90 00
7302 40 00 00

L 232/50

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Official Journal of the European Union

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ANNEX II

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
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 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

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

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Official Journal of the European Union

L 232/51

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
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
7301 10 00 00

L 232/52

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ANNEX III

QUANTITATIVE LIMITS

Products

2005

2006

(tonnes)

SA. Flat-rolled products

SA1. Coils

SA2. Heavy plate

SA3. Other flat-rolled products

SB. Long products

SB1. Beams

SB2. Wire rod

SB3. Other long products

150 000

348 000

97 000

30 000

125 000

230 000

153 750

356 700

99 425

30 750

128 125

235 750

Note: SA and SB are the ‘categories’

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

8.9.2005

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Official Journal of the European Union

L 232/53

AGREED MINUTE

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,

— 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.

DECLARATION No 1

In the context of this Agreement, and more particularly Article 3 thereof, the Parties confirm their under-
standing 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 construc-
tion, repair, maintenance or conversion and in respect of goods intended for fitting to or equipping such
ships, boats or other vessels.

DECLARATION No 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 EUR 30 per tonne. The
quantitative limits set out in Annex III of the 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 EUR 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 No 3

Both Parties aim at achieving complete liberalisation of trade in steel products. In this context, both Parties
intend to terminate quantitative restrictions once Ukraine becomes a WTO member. They also recognise
that it is an important condition for promoting trade between them that competition, state aid and envir-
onment 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.

L 232/54

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Official Journal of the European Union

8.9.2005

DECLARATION No 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, the Government of 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.

8.9.2005

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Official Journal of the European Union

L 232/55

TITLE I

CLASSIFICATION

Article 1

PROTOCOL A

ment shall be accompanied by a certificate of Ukrainian origin
conforming to the model annexed to this Protocol.

The

certificate of origin shall be

2.
certified by the
authorised Ukrainian organisations as to whether the products
in question can be considered products originating in Ukraine.

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

2.
The competent authorities of the Community undertake
to inform the competent authorities of Ukraine of any decisions
relating to the classification of products covered by the Agree-
ment 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.

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.

5.
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 of the Agreement with a view to
reaching agreement on the definitive classification of
the
products concerned.

TITLE II

ORIGIN

Article 2

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 authorised Ukrainian
organisations shall ensure that the certificate of origin is prop-
erly 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 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.

TTITLE 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 quantita-
tive limits set out in Annex III 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 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.

Article 7

1.
Products originating in Ukraine according to the Com-
munity Regulations in force for export to the Community in
accordance with the arrangements established by the Agree-

competent authorities of

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

L 232/56

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Official Journal of the European Union

8.9.2005

Article 8

consultations pursuant to Article 9(1) of the Agreement shall
be initiated.

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 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.

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 ten
working days of
the
original of the corresponding export licence.

the presentation by the importer of

UA = Ukraine

— 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 Ukraine exceed the relevant quantitative
limit established for products covered by Annex III 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 competent authorities of Ukraine and immediate

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

8.9.2005

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Official Journal of the European Union

L 232/57

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
Ukrainian governmental authorities competent to issue licences
or to the Ukrainian organisations authorised to issue certificates
of origin under Ukrainian legislation, respectively, for a dupli-
cate 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

The competent authorities of Ukraine shall send the Commis-
sion 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.
The competent authorities of Ukraine shall also notify the
Commission of any change in this information.

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 Ukrainian authori-
ties 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 Ukrai-
nian authorities for at least one year following the end of the
Agreement.

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Official Journal of the European Union

8.9.2005

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 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 circum-
vention or infringement.

2.
To this end, the appropriate Ukrainian authorities shall,
on their own initiative or at the request of the Community,
carry out appropriate inquiries, or arrange for such inquiries to
be carried out, concerning operations which are, or appear to
the Community to be, in circumvention or infringement of this
Protocol. The competent authorities of Ukraine shall communi-
cate the results of these inquiries to the Community, including
any other pertinent
the
circumvention or infringement, including the true origin of the
goods to be determined.

information enabling the cause of

4.
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, particu-
larly where the Community has reasonable grounds to consider
that the products in question may be in transit across the terri-
tory of Ukraine prior to their importation into the Community.
This information may include, at the request of the Com-
munity, 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 Ukraine and the Community may agree to
take any measures as are necessary to prevent a recurrence of
such circumvention or infringement.

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Official Journal of the European Union

L 232/59

EXPORT LICENCE

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Official Journal of the European Union

8.9.2005

EXPORT LICENCE

8.9.2005

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Official Journal of the European Union

L 232/61

CERTIFICATE OF ORIGIN

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Official Journal of the European Union

8.9.2005

CERTIFICATE OF ORIGIN