Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of, the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement
Date: 2011-11-10
Institutions: European Commission
Subjects: Russia, World Trade Organisation, export licence, import (EU), interim agreement (EU), protocol to an agreement, signature of an agreement, tariff agreement, tariff quota, technical specification, trade agreement (EU), wood product

EUROPEAN COMMISSION 

Brussels, 10.11.2011 
COM(2011) 726 final 

2011/0329 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and provisional application of, the 
Agreement in the form of an Exchange of Letters between the European Union and the 
Russian Federation relating to the administration of tariff-rate quotas applying to 
exports of wood from the Russian Federation to the European Union and the Protocol 
between the European Union and the Government of the Russian Federation on 
technical modalities pursuant to that Agreement 

EN 

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EXPLANATORY MEMORANDUM 

In the context of the process of its accession to the WTO, the Russian Federation has agreed 
to reduce its currently applied export duty rates on raw wood products. For certain types of 
wood, namely some coniferous wood species, Russia has agreed to open tariff-rate quotas for 
exports of those products and allocate a specific quota share to the EU. The quotas have been 
set at a level that is relatively large for the EU – at least in consideration of expected demand 
during the first periods of application. The export duty rates and tariff-rate quotas, as well as 
the  share  of  those  quotas  allocated  to  exports  to  the  EU,  have  been  included  in  Russia's 
Schedule of Concessions, which will be annexed to Russia's WTO accession Protocol. 

A  bilateral  agreement,  in  the  form  of  an  exchange  of  letters,  (hereinafter  referred  to  as  the 
"Agreement"),  negotiated  between  the  EU  and  the  Russian  Federation  establishes  general 
provisions  on  the  implementation  of  the  share  of  the  tariff-rate  quotas  for  exports  of  wood 
products concerned to the EU. In particular, the Agreement provides that quantities of the EU 
share  of  the  tariff-rate  quotas  shall  be  managed  by  the  EU,  and  that  the  Russian  Federation 
shall issue export licences based on the relevant import documentation issued by the EU. . 

The  Agreement  also  provides  for  the  elaboration  by  the  EU  and  the  Russian  Federation  of 
more  detailed  technical  modalities  on  the  management  of  the  tariff-rate  quotas  by  the  entry 
into force of the Agreement. Such technical modalities are contained in a Protocol, negotiated 
between the EU and the Government of the Russian Federation (hereinafter referred to as the 
"Protocol"). The Protocol establishes the rules regarding the management of the export tariff-
rate quotas and of exports within those quotas, including provisions on the cooperation of the 
competent authorities of the European Union and the Government of the Russian Federation 
necessary to ensure the adequate operation of the system.  

In  order  to  ensure  the  effective  application  of  the  management  system  provided  for  in  the 
Agreement  and  the  Protocol  by  the  time  of  the  accession  of  the  Russian  Federation  to  the 
WTO, the Agreement and the Protocol should be applied provisionally from the date of such 
accession. 

The Commission should be empowered to adopt the necessary provisions for the management 
of  the  quantities  of  the  tariff-rate  quotas  allocated  to  exports  to  the  EU  by  means  of  an 
implementing act. 

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2011/0329 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and provisional application of, the 
Agreement in the form of an Exchange of Letters between the European Union and the 
Russian Federation relating to the administration of tariff-rate quotas applying to 
exports of wood from the Russian Federation to the European Union and the Protocol 
between the European Union and the Government of the Russian Federation on 
technical modalities pursuant to that Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(4) first subparagraph, in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On […] the Council authorised the Commission to open negotiations for the accession 
of the Russian Federation to the World Trade Organisation (hereinafter referred to as 
the "WTO").  

Considering the economic importance for the European Union of imports of raw wood 
and  the  importance  that  the  Russian  Federation  has  for  the  European  Union  as  a 
supplier  of  raw  wood,  the  Commission  has  negotiated  with  the  Russian  Federation 
commitments  by  the  Russian  Federation  to  reduce  or  eliminate  its  currently  applied 
export duties, including for raw wood. 

These commitments, which will become part of the WTO Schedule of Concessions of 
the  Russian  Federation  upon  its  accession  to  the  WTO,  include  tariff-rate  quotas  for 
the export of specified types of coniferous wood, a share of which has been allocated 
to exports to the European Union.  

In the context of the negotiations regarding the accession of the Russian Federation to 
the  WTO,  the  Commission  has  negotiated,  on  behalf  of  the  Union,  with  the  Russian 
Federation,  an  agreement  in  the  form  of  an  exchange  of  letters  relating  to  the 
administration of those tariff-rate quotas applying to exports of wood from the Russian 
Federation to the European Union (hereinafter referred to as "the Agreement"). 

(5) 

As  foreseen  in  that  Agreement,  the  EU  and  the  Russian  Federation  have  negotiated 
detailed  technical  modalities  on  the  management  of  the  tariff-rate  quotas,  which  are 

1 

OJ C , , p. . 

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(6) 

(7) 

(8) 

(9) 

contained in an agreement in the form of a the Protocol negotiated between the EU and 
the Government of the Russian Federation (hereinafter referred to as "the Protocol"). 

The Agreement and the Protocol should be signed on behalf of the Union, subject to 
their conclusion at a later date. 

In view of the need to ensure the implementation of the necessary management system 
for  the  tariff-quotas  applying  to  exports  of  wood  from  the  Russian  Federation  to  the 
European Union as from the date of accession of the Russian Federation to the WTO, 
the Agreement and the Protocol should be applied provisionally. 

In order to ensure uniform conditions for the implementation of the provisions of the 
Agreement  and  the  Protocol  regarding  the  management  of  the  tariff-rate  quotas 
applying  to  exports  of  wood  from  the  Russian  Federation  to  the  EU,  implementing 
powers should be conferred on the Commission. Those powers should be exercised in 
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the 
Council of 16 February 2011 laying down the rules and general principles concerning 
mechanisms  for  control  by  the  Member  States  of  the  Commission's  exercise  of 
implementing powers2 (hereinafter referred to as "Regulation No 182/2011"). 

The  examination  procedure  should  be  used  for  the  adoption  of  implementing  acts 
regarding the management in the EU of tariff-rate quotas applying to exports of wood 
from  the  Russian  Federation,  given  that  those  acts  are  acts  relating  to  the  common 
commercial  policy  and  therefore  fall  under  Article  2(3)(b)(iv)  of  Regulation  No 
182/2011, 

HAS ADOPTED THIS DECISION: 

Article 1 

The signing of the Agreement in the form of an Exchange of Letters between the European 
Union and the Russian Federation relating to the administration of tariff-rate quotas applying 
to exports of wood from the Russian Federation to the European Union, and of the Protocol 
between  the  European  Union  and  the  Government  of  the  Russian  Federation  on  technical 
modalities pursuant to that Agreement, is hereby approved on behalf of the Union, subject to 
the conclusion of the said agreements. 

The texts of the Agreement and the Protocol to be signed are attached to this Decision. 

Article 2 

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Agreement  and  the  Protocol,  subject  to  their  conclusion,  for  the  person(s)  indicated  by  the 
negotiator of the Agreement and the Protocol. 

2 

OJ L 55, 28.2.2011, p. 13. 

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Article 3 

The  Agreement  and  the  Protocol  shall  be  applied  provisionally,  in  accordance  to  the 
Agreement  and  Article  27,  paragraph  3,  of  the  Protocol  respectively,  as  from  the  date  of 
accession of the Russian Federation to the WTO. 

Article 4 

The Commission shall adopt detailed rules on the method of allocation of quota authorisations 
pursuant to Article 5, paragraph 2 of the Protocol, and any other provisions necessary for the 
management by the European Union of the quantities of the tariff-quotas allocated to exports 
to  the  European  Union.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 5. 

Article 5 

1. 

2. 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 
shall apply. 

Article 6 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels,  

For the Council 
The President 

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AGREEMENT 

in the form of an exchange of letters between the European Union and the Russian Federation 
relating to the administration of tariff-rate quotas applying to exports of wood from the 
Russian Federation to the European Union  

Letter No 1 

[Letter from the Russian Federation] 

…………, ………..2011 

Sir, 

Following negotiations between the Russian Federation and the European Union (hereinafter - 
Parties),  the  Parties  agree  that  tariff-rate  quotas  applicable  to  exports  of  wood  from  the 
Russian  Federation  to  the  European  Union  that  are  subject  to  export  duties  shall  be 
implemented in the following manner:  

- The Russian Federation represented by the Government of the Russian Federation shall open 
tariff-rate  quotas  based  on  its  Schedule  of  Concessions  and  Commitments  on  Goods 
undertaken by the Russian Federation in the World Trade Organization, including the quota 
share allocated to the European Union on a yearly basis. The Russian Federation shall issue 
export  licenses  based  on  relevant  import  documentation  issued  by  the  European  Union, 
provided  that  Russian  exporters  fulfil  all  applicable  requirements  for  exportation.  The 
European Union shall manage the share of tariff-rate quotas allocated to it through its internal 
procedures.  The  Russian  Federation  shall  not  apply  limitations  or  subdivisions  within  the 
share of tariff-rate quotas that is allocated to the European Union. 

-  Every  3  months,  the  competent  authorities  of  the  Parties  shall  exchange  data  on  the 
utilisation  of  the  tariff-rate  quotas.  Technical  modalities,  including  the  details  of  the 
cooperation between the authorities of the Russian Federation and the European Union as well 
as the administrative processes shall be elaborated by the competent authorities of the Parties 
by the entry into force of the agreement set forth in this letter.  

In case the European Union confirms its agreement with the set forth in this letter, I propose 
that  this  letter  and  the  reply  letter  of  the  European  Union  will  establish  the  Agreement 
between  the  Russian  Federation  and  the  European  Union  relating  to  the  administration  of 
tariff-rate  quotas  applying  to  exports  of  wood  from  the  Russian  Federation  to  the  European 
Union,  and  this  Agreement  shall  enter  into  force  on  the  date  in  which  the  Parties  exchange 
written notifications certifying that they have completed their respective internal procedures. 
This  Agreement  shall  be  applied  provisionally  from  the  date  of  the  Russian  Federation’s 
accession to the World Trade Organization.  

Please accept, Sir, the assurance of my highest consideration.  

[On behalf of the Russian Federation] 

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Letter No 2 

[Letter from the European Union] 

…………, ……….. 

Sir, 

I have the honour to acknowledge receipt of your letter of today’s date, worded as follows: 

"Following negotiations between the European Union and the Russian Federation (hereinafter 
-  Parties),  the  Parties  agree  that  tariff-rate  quotas  applicable  to  exports  of  wood  from  the 
Russian  Federation  to  the  European  Union  that  are  subject  to  export  duties  shall  be 
implemented in the following manner:  

- The Russian Federation represented by the Government of the Russian Federation shall open 
tariff-rate  quotas  based  on  its  Schedule  of  Concessions  and  Commitments  on  Goods 
undertaken by the Russian Federation in the World Trade Organization, including the quota 
share allocated to the European Union on a yearly basis. The Russian Federation shall issue 
export  licenses  based  on  relevant  import  documentation  issued  by  the  European  Union, 
provided  that  Russian  exporters  fulfil  all  applicable  requirements  for  exportation.  The 
European Union shall manage the share of tariff-rate quotas allocated to it through its internal 
procedures.  The  Russian  Federation  shall  not  apply  limitations  or  subdivisions  within  the 
share of tariff-rate quotas that is allocated to the European Union.  

-  Every  3  months,  the  competent  authorities  of  the  Parties  shall  exchange  data  on  the 
utilisation  of  the  tariff-rate  quotas.  Technical  modalities,  including  the  details  of  the 
cooperation between the authorities of the European Union and the Russian Federation as well 
as the administrative processes, shall be elaborated between the Parties’ respective authorities 
by the entry into force of the agreement set forth in this letter.  

In case the European Union confirms its agreement with the set forth in this letter, I propose 
that  this  letter  and  the  reply  letter  of  the  European  Union  will  establish  the  Agreement 
between  the  Russian  Federation  and  the  European  Union  relating  to  the  administration  of 
tariff-rate  quotas  applying  to  exports  of  wood  from  the  Russian  Federation  to  the  European 
Union,  and  this  Agreement  shall  enter  into  force  on  the  date  in  which  the  Parties  exchange 
written notifications certifying that they have completed their respective internal procedures. 
This  Agreement  shall  be  applied  provisionally  from  the  date  of  the  Russian  Federation’s 
accession to the World Trade Organization.” 

The  European  Union  has  the  honour  of  confirming  its  agreement  with  the  contents  of  this 
letter. 

Please accept, Sir, the assurance of my highest consideration. 

[On behalf of the European Union] 

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Protocol between the European Union and the Government of the 
Russian Federation on technical modalities pursuant to the 
Agreement in the form of an exchange of letters between the 
European Union and the Russian Federation relating to the 
administration of tariff-rate quotas applying to exports of wood 
from the Russian Federation to the European Union  

SECTION 1 

SCOPE AND DEFINITIONS 

Article 1 

1. 

2. 

This  Protocol  is  adopted  between  the  European  Union  and  the  Government  of  the 
Russian  Federation  (hereinafter  referred  to  as  “the  Parties”)  to  implement  the 
Agreement in the form of exchange of letters between the Russian Federation and the 
European  Union  of  [XX  xxxxxx  2011]  relating  to  the  administration  of  tariff-rate 
quotas  applying  to  exports  of  wood  from  the  Russian  Federation  to  the  European 
Union (hereinafter referred to as "the Agreement").  

This  Protocol  lays  down  technical  modalities  of  administration  of  tariff-rate  quotas 
mentioned  in  paragraph  1  of  this  Article,  including  the  details  of  the  cooperation 
between the authorities of the European Union (hereinafter referred to as "the EU") 
and  the  Russian  Federation  (hereinafter  referred  to  as  "Russia"),  and  applies  to 
exports from Russia into the EU of covered products. 

3. 

For the purposes of this Protocol: 

(a) 

(b) 

the term ‘covered products’ means the goods specified in the Annex to Part V 
of Russia’s Schedule of Concessions and Commitments on Goods in the WTO 
(hereinafter referred to as “Russia’s Schedule of Commitments");  

the term ‘tariff quota’ means a specified quantity of covered products that can 
be exported from Russia to the EU within the limits set out in the Annex to Part 
V  of  Russia's  Schedule  of  Commitments,  during  a  limited  period,  benefitting 
from  a  decrease  of  the  export  duties  otherwise  applied  by  Russia;  the  duties 
applicable  to  exports  made  within  the  tariff  quota  shall  be  those  specified  in 
Russia's Schedule of Commitments.  

(c) 

the  term  ‘importer’  means  a  natural  or  legal  person  of  any  of  the  Member 
State(s) of the EU (hereinafter referred to as “EU Member States”) intending to 
import covered products from Russia into the EU; 

(d) 

the  term  ‘exporter’  means  a  natural  or  legal  person  of  Russia  intending  to 
export covered products from Russia to the EU; 

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(e) 

(f) 

the  term  ‘quota  authorisation’  means  a  document  issued  by  the  competent 
authorities  of  the  EU  Member  State(s)  concerned  to  an  importer,  confirming 
the right of such importer to access the tariff quota; 

the term ‘export license’ means a document issued by the competent authority 
of  Russia  to  an  exporter  confirming  the  right  of  such  exporter  to  access  the 
tariff quota. 

The allocation of tariff quotas under this Protocol shall be guided by the principle of 
fair  and  equitable  allocation  of  trade  opportunities  to  all  participants  of  trade.  In 
particular, the Parties will seek for the preservation of competitive conditions in the 
market of the products concerned, and the avoidance of speculative trading of tariff 
quota entitlements. 

The  requirements  established  in  this  Protocol  are  without  prejudice  to  any  future 
requirements that may be introduced or applied in accordance with a legal act applied 
in  the  territory  of  Russia,  provided  that  those  future  requirements  are  generally 
applicable  for  engaging  in  trading  of  goods,  including  those  applied  specifically  to 
the covered products, and that they are consistent with Russia's obligations under the 
Agreement  Establishing  the  World  Trade  Organisation  (hereinafter  referred  to  as 
“the WTO Agreement”). 

SECTION 2 

TARIFF QUOTA PERIOD 

Article 2 

Russia  shall  open  tariff  quotas  allocated  to  the  EU  for  the  quantities  set  out  in  the 
Annex to Part V of Russia's Schedule of Commitments, on a yearly basis. Such tariff 
quotas shall be opened for a period of 12 consecutive months corresponding to each 
calendar year, hereinafter referred to as "quota period".  

If this Protocol enters into force later than 31 January of a calendar year, the quota 
period for that year shall be understood as the period in full calendar months between 
the date of entry into force of this Protocol and the 31 of December of the same year. 

4. 

5. 

1. 

2. 

SECTION 3 

CLASSIFICATION 

Article 3 

1. 

The  classification  of  the  covered  products  is  based  on  the  tariff  and  statistical 
nomenclature  applied  in  Russia.  Any  amendment  to  the  tariff  and  statistical 
nomenclature of Russia concerning covered products or any decision relating to the 

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2. 

1. 

2. 

3. 

1. 

2. 

classification  of  goods,  shall  not  have  the  effect  of  nullifying  the  export  duty 
reduction  commitments  undertaken  by  Russia  as  set  out  in  Annex  to  Part  V  of 
Russia's Schedule of Commitments within the quantitative limits indicated therein. 

Russia  undertakes  to  make  any  changes  in  the  tariff  and  statistical  nomenclature 
applied in its territory concerning covered products, including a complete description 
of  the  products  concerned,  available  to  the  European  Commission  (hereinafter 
referred to as "Commission") at least 30 days before the date of their entry into force 
in Russia. 

SECTION 4 

QUOTA AUTHORISATIONS 

Article 4 

The  use  of  tariff  quotas  by  importers  shall  be  subject  to  the  issuance  of  a  quota 
authorisation  by  the  competent  authorities  of  the  EU  Member  States.  Quota 
authorisations  shall  be  issued  in  hard-copy  form.  Introduction  of  amendments, 
including those for technical reasons, into issued quota authorisations is not allowed. 
In  case  any  amendment  needs  to  be  introduced,  the  quota  authorisation  shall  be 
withdrawn and a new respectively amended quota authorisation shall be issued. 

The application by importers for quota authorisations for a given quota period shall 
be made not earlier than 1 October of the calendar year preceding that of the quota 
period, and not later than 1 December of the calendar year corresponding to the quota 
period. 

Each quota authorisation shall be issued for the amount of goods established by the 
contract  or  a  pre-contract  for  the  covered  products  concerned  between  an  importer 
and an exporter (hereinafter referred to, respectively, as "the contract" and "the pre-
contract"). 

Article 5 

Subject to the submission by the importer of the contract or the pre-contract, and in 
accordance  with  the  allocation  of  the  tariff  quota  by  the  Commission  pursuant  to 
paragraph 2 of this Article, the competent authorities of the EU Member States shall 
issue quota authorisations in respect of all applications for importation from Russia 
of covered products up to the quantities of the relevant tariff quota. 

The  Commission  shall  allocate  the  quota  authorisations  according  to  one  of  the 
following methods: 

(a) 

in  accordance  with  the  chronological  order  of  receipt  by  the  Commission  of 
notifications  from  the  competent  authorities  of  EU  Member  States  of 
applications from individual importers; or 

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(b) 

in  accordance  with  the  'traditional'  or  'new'  categories  of  importers;  in  that 
event, the Commission shall determine for each quota period the proportion of 
the  total  quantity  allocated  to  traditional  importers  (within  a  range  of  70%  to 
85%) and to new importers (within a range of 30% to 15%), respectively. 

3. 

For the purposes of paragraph 2 of this Article: 

(a) 

'traditional importers' shall mean importers who can prove that they have, at the 
moment of their application for a quota authorisation: 

(i) 

obtained  and  used  quota  authorisations  pursuant  to  this  Section  for  the 
covered products, in each of the previous two quota periods; and  

(ii) 

imported from Russia into the EU an average of at least 5,000 m3 of the 
covered products during each of the previous two quota periods. 

(b) 

'new  importers'  shall  mean  importers  other  than  those  referred  to  in  the  first 
subparagraph (a) of this paragraph. 

If  this  Protocol  enters  into  force  later  than  31  January  of  a  calendar  year,  for  the 
purposes of the subparagraph (a) of this paragraph, the required volume of  imports 
from  Russia  for  the  first  quota  period  shall  be  calculated  on  a  pro-rata  basis,  as 
follows: 

M = (5000/12)*t 

where  

M  represents  the  required  volume  of  imports  from  Russia  for  the  first  quota 
period;  

t  represents  the  number  of  full  calendar  months  from  the  date  of  entry  into 
force of this Protocol until 31 December of the same year. 

Should  the  method  referred  to  in  paragraph  2(b)  of  this  Article  be  applied  by  the 
Commission during the first three quota periods following the entry into force of this 
Protocol,  the  definition  of  "traditional  importer"  for  that  purpose  shall  be  those 
importers who can prove that they have imported from Russia into the EU an average 
of  at  least  5,000  m3  of  the  covered  products  during  a  reference  period  to  be 
determined. 

The  quota  authorisations  shall  be  nominal  on  the  quota  holder.  Such  authorisations 
shall  be  valid  for  the  whole  quota  period  and  for  imports  throughout  the  customs 
territory of the EU. 

Article 6 

A quota authorisation shall conform to any of the forms set out in the Annex to this 
Protocol. 

4. 

5. 

1. 

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2. 

1. 

2. 

1. 

1. 

2. 

Each  quota  authorisation  shall  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 Russia's Schedule of Commitments.  

Article 7 

For  every  individual  quota  authorisation  issued,  the  Commission  shall  immediately 
inform  the  competent  authority  of  Russia  of  the  identity  of  the  holder  of  the  quota 
authorisation, the identity of the exporter and the quota quantity concerned. 

The Commission shall immediately inform the competent authority of Russia about 
the  withdrawal  of  any  quota  authorisation  already  issued,  as  well  as  about  any 
duplicates  delivered,  and  quota  authorisations  not  used  and  returned  by  importers. 
The  balance  of  quota  available  under  the  quantitative  limit  set  out  in  Russia's 
Schedule  of  Commitments  for  the  products  concerned  shall  be  modified  for  the 
corresponding amount. 

The competent authority of Russia shall keep records of the information transmitted to 
it  pursuant  to  paragraphs  1  and  2  of  this  Article.  These  records  shall  include  in 
particular the identity of the holder for each quota authorisation and the quantity of 
goods concerned by the quota authorisation. 

SECTION 5 

EXPORT LICENSES 

Article 8 

The  use  of  tariff  quotas  by  exporters  shall  be  subject  to  the  issuance  of  an  export 
license by the competent authority of Russia.  

To apply for an export license, an exporter shall submit to the competent authority of 
Russia  the  documents  provided  for  by  the  legislation  of  Russia  as  set  out  in 
paragraph  3  of  this  Article,  and  the  original,  a  duplicate  or  a  copy  of  the  quota 
authorisation  granted  to  the  importer  pursuant  to  Article  5  of  this  Protocol.  The 
amount of goods set out in the contract shall correspond to the amount of goods set 
out in the quota authorisation submitted by the exporter. Where an exporter provides 
a copy of the quota authorisation, the license shall only be issued upon submission of 
the original or duplicate of that quota authorisation. 

3. 

At the date of entry into force of this Protocol, the documents required in accordance 
with the legislation of Russia for the purposes of issuing an export license are: 

(a) 

a duly filled application for an export license both in writing and on electronic 
format; 

(b) 

a copy of the contract; 

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(c) 

a copy of the document proving that the exporter is registered with Russian tax 
authorities; and 

(d) 

a copy of the document proving that the licensing fee has been paid. 

Without  prejudice  to  paragraph  5  of  Article  1  of  this  Protocol,  no  additional 
document shall be required from the exporter for the purpose of delivering an export 
license. 

The competent authority of Russia shall accept applications for export licenses as of 
15  October  of  the  calendar  year  preceding  that  of  the  quota  period,  until  15 
December of the calendar year corresponding to the quota period. 

Licensing fees mentioned in paragraph 3(d) of this Article shall be those stipulated 
by  the  legal  acts  relating  to  general  export  licensing  regulation  in  the  Russian 
Federation.  

Article 9 

Provided that an exporter fulfils all applicable requirements as set out in Article 8 of 
this  Protocol,  the  competent  authority  of  Russia  shall  issue  an  export  license  in 
respect  of  the  consignments  of  covered  products  at  the  destination  of  the  holder  of 
the quota authorisation. 

The  export  license  shall  be  issued  for  the  amount  of  goods  established  by  the 
contract. 

The export license shall be nominal on the exporter. It shall also specify the identity 
of the importer. 

The  export  license  shall  have  no  legal  value  for  exportation  to  custom  territories 
other  than  the  EU,  nor  for  exportation  to  an  importer  other  than  the  quota 
authorisation holder. 

4. 

5. 

1. 

2. 

3. 

4. 

Article 10 

If the decision of the competent authority of Russia on an application for an export license is 
positive,  it  shall  issue  such  export  license  in  a  time  period  not  exceeding  ten  working  days 
from the date of the submission of the application.  

Article 11 

1. 

2. 

The  export  licenses  shall  expire  at  the  end  of  the  calendar  year  for  which  the 
corresponding tariff quota has been opened. 

In case the Commission has informed the competent authority of Russia that a quota 
authorisation  has  been  withdrawn,  this  authority  shall  cancel  the  corresponding 
export  license  already  issued,  provided  that  the  information  was  received  by  such 
competent  authority  before  customs  clearance  for  export  of  the  goods  covered  by 

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such  export  license.  Should  the  competent  authority  of  Russia  be  notified  of  the 
withdrawal of the quota authorization only after the customs clearance for export of 
the goods covered by the corresponding export license, such export shall be set off 
against the quantitative limits established for the quota period  for  which the export 
license was issued. 

Article 12 

The  exporter  shall  submit  the  original  or  duplicate  of  the  export  license  to  the 
competent  Russian  customs  office  at  the  moment  of  presentation  of  the  goods  for 
customs clearance for export. 

Successive shipments on account of a same export license shall be possible up to the 
quantitative limit of the export license. 

Corrections in export licenses, including those for technical reasons, are not allowed. 
If  the  amendments  are  necessary,  the  license  shall  be  cancelled  and  a  new 
respectively  amended  export  license  shall  be  issued.  Where  the  quantity  to  be 
actually exported is lower than the quantity set out in the export license, the export 
license can be used without a need to amend it. 

Article 13 

The  goods  covered  by  an  export  license  shall  be  cleared  for  export  at  customs  in 
Russia within the period of validity of the license. Russia's customs shall clear such 
goods for exports without delay, in accordance with the customs legislation applied 
in Russia.  

The  goods  cleared  for  exports  at  customs  in  Russia,  as  provided  in  paragraph  1  of 
this  Article,  can  be  shipped  from  Russia  even  if  the  validity  period  of  the  export 
license  for  these  goods  has  expired.  Such  exports  shall  be  set  off  against  the 
quantitative limits established for the quota period for which the export license was 
issued, even if the shipment of goods has taken place after that period. 

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

1. 

2. 

3. 

1. 

2. 

3. 

SECTION 6 

CARRY-OVER 

Article 14 

1. 

When a tariff quota for a product group is not fully used, unused quantities of such 
quota not exceeding 7 percent of total quantities of that tariff quota may be carried 
over  to  the  corresponding  tariff  quota  for  the  following  calendar  year.  The 

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Commission shall notify the competent authority of Russia if it intends to make use 
of the provision of this paragraph not earlier than 15th January and no later than 28th 
February of the calendar year following the year corresponding to the quota period. 
The  competent  authority  of  Russia  shall  confirm,  within  30  days  from  the  date  of 
receipt of the notification, the additional quantities for the tariff quota for the product 
group(s) concerned resulting from the carry-over.  

In addition to the share(s) of tariff quota(s) carried over pursuant to paragraph 1 of 
this  Article,  up  to  another  3%  of  the  relevant  tariff  quota(s)  may  be  carried  over 
pursuant  to  paragraph  1  of  this  Article,  upon  agreement  between  the  Parties.  The 
Commission shall notify the competent authority of Russia if it intends to make use 
of the provision of this paragraph, not earlier than 15th January and no later than 28th 
February of the calendar year following the year corresponding to the quota period. 
The  competent  authority  of  Russia  shall  inform  the  Commission  of  its  decision 
within 60 days from the date of receipt of the notification from the Commission. 

Carry-over pursuant to paragraphs 1 and 2 of this Article can take place once in the 
course  of  a  calendar  year  when  the  decision(s)  on  carry  over  is/  are  taken.  Any 
adjustments to the quantitative limits resulting from carry over shall only affect the 
calendar year when the decision on carry over is taken. 

2. 

3. 

SECTION 7 

INFORMATION EXCHANGES 

Article 15 

1. 

With  a  view  to  rendering  the  monitoring  system  as  effective  as  possible  and  to 
minimise the possibilities for abuse and circumvention of the tariff-quota system on 
covered products as agreed between Russia and the EU: 

(a) 

(b) 

(c) 

(d) 

the Commission shall inform the competent authority of Russia not later than 
the fifth working day of each month of the quota authorisations issued during 
the preceding month; 

the competent authority of Russia shall inform the Commission not later than 
the  fifth  working  day  of  each  month  of  the  export  licences  issued  during  the 
preceding month; 

the customs authorities of Russia shall inform the Commission not later than 39 
days after the end of each third month of the volumes and values of the covered 
products exported to the EU during those preceding three months;  

the Commission shall inform the competent authority of Russia not later than 
39  days  after  the  end  of  each  third  month  of  the  volumes  and  values  of  the 
covered products imported to the EU during those preceding three months. 

2. 

Without  prejudice  to  the  periodic  exchange  of  information  on  export  licences  and 
quota  authorisations  pursuant  to  paragraph  1  of  this  Article,  the  Parties  agree  to 

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exchange available statistical information relating to trade in the covered products at 
appropriate intervals, taking account of the shortest periods in which the information 
in question is prepared. Such information shall cover quota authorisations and export 
licences issued and import and export statistics in respect of the products in question. 

3. 

In  the  event  of  any  significant  discrepancy  taking  account  of  the  time  factors 
involved in respect of the information provided pursuant to paragraphs 1 or 2 of this 
Article, either Party may request consultations which shall be held immediately. 

SECTION 8 

FORM AND PRODUCTION OF QUOTA AUTHORISATIONS AND COMMON 
PROVISIONS CONCERNING EXPORTS TO THE EU 

Article 16 

1. 

2. 

The quota authorisation form shall be filled in Russian language or in any EU official 
language. In case the form is filled in an EU official language, when submitted to the 
competent authority of Russia such quota authorization shall be accompanied with its 
translation into Russian language certified with notary public of Russia in accordance 
with the legislation of Russia.  

Each document shall bear a standardised serial number by which it can be identified. 
This number shall be composed of the following elements: 

(a) 

two letters identifying the exporting country as follows: RU; 

(b) 

two letters identifying the EU Member State that issues the quota authorisation, 
as follows: 

BE = Belgium 

BG = Bulgaria 

CZ = Czech Republic 

DK = Denmark 

DE = Germany 

EE = Estonia 

EL = Greece 

ES = Spain 

FR = France 

IE = Ireland 

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IT = Italy 

CY = Cyprus 

LV = Latvia 

LT = Lithuania 

LU = Luxembourg 

HU = Hungary 

MT = Malta 

NL = Netherlands 

AT = Austria 

PL = Poland 

PT = Portugal 

RO = Romania 

SI = Slovenia 

SK = Slovakia 

FI = Finland 

SE = Sweden 

GB = United Kingdom; 

(c) 

(d) 

a  two-digit  number  identifying  the  year  in  question  corresponding  to  the  last 
two figures in the year, e.g. "12" for year 2012; and 

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

Article 17 

1. 

In  the  event  of  theft,  loss  or  destruction  of  a  quota  authorisation,  the  importer  may 
apply to the competent authority of the EU Member State concerned for a duplicate. 
The duplicate of any such quota authorisation so issued shall bear the endorsement 
"duplicate". 

2. 

The duplicate shall bear the date of the original quota authorisation. 

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SECTION 9 

ADMINISTRATIVE COOPERATION 

Article 18 

The  EU  and  Russia  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. 

1. 

2. 

3. 

1. 

2. 

Article 19 

With a view to ensuring the effective functioning of this Protocol, the EU and Russia 
agree to take all necessary steps to prevent, investigate and take any necessary legal 
and/or  administrative  action  against  circumvention,  notably  by  transhipment  or  re-
routing of goods, falsification of documents, false declaration concerning quantities, 
description or classification of merchandise.  

In  the  framework  of  the  cooperation  referred  to  in  paragraph  1  of  this  Article,  the 
Commission and the competent authority of Russia shall exchange any information 
considered by either Party to be of use in preventing circumvention or infringement 
of  the  provisions  of  this  Protocol.  This  information  may  include,  at  the  request  of 
either Party, copies of all relevant documentation, where available. 

Where information available to the Commission or the competent authority of Russia 
indicates  or  appears  to  indicate  that  the  provisions  of  this  Protocol  are  being 
circumvented  or  infringed,  the  Parties  shall  cooperate  closely  and  with  the 
appropriate  urgency,  and  may  agree  to  take  any  measures  necessary  in  order  to 
prevent any such circumvention or infringement. 

Article 20 

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

On their own initiative or upon request of the other Party, the appropriate authorities 
of either Party shall carry out appropriate inquiries, or arrange for such inquiries to 
be carried out, concerning operations which are, or appear to be, in circumvention or 
infringement  of  this  Protocol.  Either  Party  shall  communicate  the  results  of  these 
inquiries  to  the  other  Party,  including  any  other  pertinent  information  enabling  the 
cause of the circumvention or infringement to be determined. 

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Article 21 

In order to ensure the correct application of this Protocol, the EU and Russia shall offer each 
other  mutual  assistance  for  the  checking  of  the  authenticity  and  the  accuracy  of  quota 
authorisations issued. 

1. 

2. 

2. 

1. 

2. 

3. 

Article 22 

Subsequent verification of quota authorisations shall be carried by way of exception, 
when  the  competent  authority  of  Russia  has  reasonable  doubts  as  to  their 
authenticity. In such cases, the competent authority of Russia shall return the quota 
authorisation  to  the  Commission  giving  the  reasons  of  form  or  substance  which 
justify an enquiry.  

The results of the subsequent verifications carried out in accordance with paragraph 
1 of this Article shall be communicated to the competent authority of Russia within 
ten working days at the latest. The information communicated shall indicate whether 
the disputed quota authorisation applies to the alleged holder and whether the goods 
are eligible for export under the arrangements established by this Protocol. 

Recourse to the verification procedure specified in this Article must not constitute an 
obstacle  to  the  release  of  export  licences.  To  this  end,  and  without  prejudice  to 
Article  10  of  this  Protocol,  the  competent  authority  of  Russia  shall  issue  the 
corresponding  export  license  within  five  working  days  after  reception  of  the 
confirmation  of  the  authenticity  of  a  quota  authorisation  in  accordance  with 
paragraph 2 of this Article. 

SECTION 10 

TRANSITIONAL ARRANGEMENTS 

Article 23 

Pending  the  adoption  by  the  EU  of  the  internal  measures  necessary  for  the 
management of the tariff quotas, the competent authority of Russia shall not request 
the original or a duplicate of the quota authorisation as a condition for the issuance of 
an export license under Article 8 of this Protocol. 

The  EU  shall  make  a  written  notification  of  the  adoption  of  the  internal  measures 
referred  to  in  paragraph  1  of  this  Article.  Upon  receipt  of  such  notification  by  the 
competent authority of Russia, the transitional arrangement described in paragraph 1 
of this Article shall be terminated.  

In  case  this  Protocol  enters  into  force  after  the  31  January  of  a  calendar  year,  the 
tariff quota for that year shall be applied pro-rata. For that purpose, Russia shall open 
a  tariff  quota  calculated  as  follows  (hereinafter  referred  to  as  "transitional  tariff 
quota"): 

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Qt = (Q :12)*Tt, 

where  

Q represents the tariff quota;  

Qt represents the transitional tariff quota; 

Tt  represents  the  number  of  full  calendar  months  from  the  date  of  entry  into 
force of this Protocol until 31 December of the same year. 

4. 

During  the  application  of  the  transitional  arrangements  set  out  in  this  Article,  the 
provisions of this Protocol shall apply, mutatis mutandis. 

SECTION 11 

CONSULTATIONS 

Article 24 

1. 

2. 

3. 

Consultations shall be held on any differences between the Parties arising from the 
application  of  this  Protocol  and  the  Agreement  at  the  request  of  either  Party.  Any 
consultations shall take place in a spirit of cooperation and with a desire to reconcile 
the differences between the Parties. 

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

Consultations shall be governed by the following provisions: 

(a) 

any request for consultations shall be notified in writing to the other Party; 

(b) 

such request shall set out the reasons for the consultations; 

(c) 

(d) 

consultations shall begin within one month from the date of the receipt of such 
request; and 

consultations shall endeavour to arrive at a mutually agreed solution within one 
month of their commencement, unless the period is extended by agreement of 
the Parties. 

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SECTION 12 

DISPUTE SETTLEMENT 

Article 25 

1. 

2. 

3. 

4. 

5. 

If a Party considers that the other Party has failed to fulfil its obligations under this 
Protocol or the Agreement, and consultations pursuant to Article 24 of this Protocol 
have failed to lead to a mutually agreed solution within the time period established in 
subparagraph  (d)  of  paragraph  3  of  that  Article,  such  Party  may  request  the 
establishment  of  a  conciliation  panel  pursuant  to  Article  3  of  the  Decision  of  the 
Cooperation Council established by the Agreement on Partnership and Co-operation 
Establishing  a  Partnership  Between  the  European  Communities  and  Their  Member 
States, of One Part, and the Russian Federation, of the Other Part, of 24 June 1994, to 
establish  rules  of  procedure  for  the  settlement  of  disputes  under  that  Agreement, 
adopted on 7 April 2004 (hereinafter, the "PCA dispute settlement Decision").  

Where recourse is made to a conciliation panel under paragraph 1 of this Article, the 
provisions  of  PCA  dispute  settlement  Decision  shall  apply,  with  the  exception  of 
Article 2 of that Decision regarding consultations. It is understood that whenever that 
Decision refers to disputes regarding the Agreement on Partnership and Co-operation 
Establishing  a  Partnership  Between  the  European  Communities  and  Their  Member 
States, of One Part, and the Russian Federation, of the Other Part, of 24 June 1994 
(hereinafter  referred  to  as  “the  PCA”),  it  shall  be  read  as  referring  to  disputes 
regarding this Protocol or the Agreement.  

The  conciliation  panel  established  in  accordance  with  paragraph  1  of  this  Article 
shall  not  have  competence  to  consider  the  compatibility  of  a  measure  of  a  Party 
examined  by  that  conciliation  panel  with  the  provisions  of  the  PCA  or  the  WTO 
Agreement. 

If the indicative list of conciliators foreseen in paragraph 1 of Article 4 of the PCA 
Dispute settlement Decision has not been established by the time a Party requests the 
establishment  of  a  conciliation  panel  pursuant  to  Article 3  of  that  Decision  for  an 
alleged violation of this Protocol or the Agreement, and if a Party fails to appoint a 
conciliator  or  the  Parties  fail  to  reach  an  agreement  on  the  chairperson  of  the 
conciliation  panel  within  the  respective  timeframes  established  for  this  purpose  in 
Article 4 of that Decision, any Party may ask the WTO Director-General to nominate the 
conciliators that remain to be appointed. The WTO Director-General, after consulting with 
the Parties, will inform both parties to the dispute of the nominated conciliator(s) no later 
than 20 days after the date of receipt of such a request. 

The  relevant  dispute  settlement  provisions  of  any  agreement  between  the  EU  and 
Russia  subsequent  to  the  PCA  (hereinafter  referred  to  as  the  "New  Agreement"), 
shall  apply  to  disputes  regarding  the  alleged  violation  of  obligations  under  this 
Protocol or Agreement. It is understood that whenever the New Agreement refers to 
disputes regarding the New Agreement, it shall be read as referring to this Protocol 
or the Agreement. 

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SECTION 13 

ENTRY INTO FORCE 

Article 26 

1. 

2. 

3. 

This  Protocol  shall  be  approved  by  the  Parties  in  accordance  with  their  respective 
internal procedures. 

This  Protocol  shall  enter  into  force  30  days  after  the  date  the  Parties  exchange 
written  notifications  certifying  that  they  have  completed  their  respective  internal 
procedures  or  on  such  other  date  as  the  Parties  may  agree,  but  not  earlier  than  the 
date of the Russian Federation's accession to the World Trade Organisation. 

Pending its entry into force, this Protocol shall be applied provisionally from the date 
of the Russian Federation's accession to the World Trade Organization 

Done  in  […]  on  […]  20[..],  in  duplicate  each  in  Russian  and  English  language,  both  texts 
being equally authentic. 

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EUROPEAN UNION/ЕВРОПЕЙСКИЙ СОЮЗ 

Importer 

full  address,  country,  VAT  No)  /  Импортер
1 
(наименование, почтовый адрес, страна местонахождения, ИНН) 

(name, 

Annex 

QUOTA  AUTHORISATION  /  РАЗРЕШЕНИЕ  НА 
КВОТУ 

2 Issue No / Номер выдачи 

3  Exporter  (name,full  address,VAT  No) 
почтовый адрес, ИНН) 

/  Экспортер  (наименование, 

4  Authority  responsible  for  issue  (name,  address  and  telephone  No)  /  Орган, 
ответственный за выдачу (наименование, адрес и номер телефона) 

/

6 Last day of validity / Последний день срока действия  

5  Declarant/representative  as  applicable 
Декларант/представитель (наименование и почтовый адрес) 

(name  and 

full  address) 

я
л
е
т
а
ж
р
е
д
я
и
п
о
К
/
Y
P
O
C
S
'
R
E
D
L
O
H

7 Description of goods / Описание товаров 

8 CN code/Код ТН ВЭД 

9 Quantity in m3 / Количество в м3 

10 Additional remarks / Дополнительная информация 

11 Competent authority's endorsement / Подтверждение компетентного органа 

Date/Дата: 
Place/Место: 
(Signature).(Подпись) 

(Stamp)/(Место печати) 

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EN 

24 

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