CELEX: 31989R3726
Language: en
Date: 1989-12-11 00:00:00
Title: Commission Regulation (EEC) No 3726/89 of 11 December 1989 on the monitoring by the Community of exports of steel tubes and pipes to the United States of America

No L 368 / 60                                Official Journal of the European Communities                                   18 . 12 . 89
                                           COMMISSION REGULATION ( EEC) No 3726 / 89
                                                          of 11 December 1989
                         on the monitoring by the Community of exports of steel tubes and pipes to the
                                                        United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                            2 . Export certificates shall be drawn up as follows:
                                                                        ( a ) each certificate may refer to only one licence or to only
Having regard to the Treaty establishing the European                         one extract from a licence;
Economic Community,
                                                                        ( b ) the words 'category 35 pipes and tubes other than
Having regard to Council Regulation (EEC ) No 3723 / 89                       OCTG' or , as appropriate , 'category 36 OCTG', as
of 6 November 1989 on the restriction of exports of steel                     provided for in Annex I , should be inserted in box 5 of
tubes and pipes to the United States of America (*), and in                   each certificate ;
particular Article 4 thereof,
                                                                        (c) the product description in box 5 of the copies of the
                                                                              certificates must include the CN codes;
Whereas :
                                                                        ( d ) the quantity in tonnes must be indicated by means of a
1 . the application of the Arrangement concluded with the                     letter T after the figures representing the tonnes and
     United States of America , hereinafter referred to as 'the
                                                                              before any fractions of tonnes;
     Arrangement' ( 2), particularly as regards the phasing of
     exports , makes it necessary to provide for fixed periods
                                                                        (e) no more than one total may be indicated on each
     during which licences may be issued ;                                    certificate;
2 . to allow for optimum utilization of all the export
     opportunities provided for in the Arrangement, the                 (f) the stamp affixed by the customs office which accepted
     licensing system should be designed so that the                          the export declaration must show legibly , on the
     development of exports can be monitored as closely as                    original and the copies of the certificate* the name of
     possible ;                                                               the office and the date of acceptance;
3 . it is necessary to authorize the competent authorities of           (g) the number of each certificate must be indicated in box
     the Member States to take the appropriate measures in                    13 of the licence or the extract of the licence to which
     cases of loss, theft or destruction of a licence or                      the certificate refers .
     certificate ,
                                                                        3 . The export licence must be issued within 15 working
                                                                        days of the day of receipt of the exporter's application. The
HAS ADOPTED THIS REGULATION :
                                                                        licence may be issued only until the end of the second
                                                                        month of each calendar quarter.
                            Article 1
                                                                        4.     The licence shall be valid for three months from the
1 . For the products originating in the Community and                   date of issue . However , each export licence shall be valid
listed in Annex I , export licences as provided for in                  only for exports to be effected during the quota year
Article 4 of Regulation ( EEC) No 3723 / 89 shall be issued             indicated in box 4 of the licence .
free of charge by the competent authorities in the Member
States ^hereinafter referred to as 'the issuing authorities')
subject to the conditions laid down in the abovementioned               Where, however , the Commission decides to apply
Article 4 . Licences shall be made out on forms conforming              Article 2 ( 3 ) of Regulation (EEC ) No 3723 / 89 , and where
to the specimen set out in Annex II and respecting the                  supplementary allocations are made in cases of shortage,
provisions laid down in Annex IV .                                      licences with a period of validity exceeding three months
                                                                        may be issued; the words 'special issue' shall be entered on
For each export of these products, the exporter must make               such licences and on the certificates relating thereto.
out a certificate on a form conforming to the specimen set
out in Annex III and respecting the provisions laid down in
Annex IV .
                                                                                                       Article 2
                                                                        At the request of the titular holder of the export licence and
(*) See page 16 of this Official Journal .                              upon production of the licence , the competent authorities
(2) See page 126 of this Official Journal.                              of the Member States may issue one or several extracts
 ---pagebreak---  18 . 12 . 89                            Official Journal of the European Communities                                  No L 368 / 61
from the export licence. These extracts shall be made out           2 . Unused or partially used licences shall be returned at
on forms conforming to the specimen set out in Annex II             the latest on the eighth working day following expiry of
and respecting the provisions of Annex IV.                          their period of validity to the authority in the Member State
                                                                    which issued them .
Extracts may not be used as a basis for issuing further
extracts .
                                                                                                 Article 6
At the time the extracts are issued , the quantities of
products covered by the said extracts shall be deducted             1 . The original and the necessary copies of the export
from the quantities indicated on the licence from which it          licences and of the certificate must be presented in support
has been issued .
                                                                    of the export declarations to the customs office in the
                                                                    Community in which formalities regarding exports of steel
Extracts shall have the same legal effects as the export            products to the United States of America are completed.
licences from which they have been issued and to which
they refer.
                                                                    This office shall :
                           Article 3                                ( a ) deduct the quantity to be exported from the original of
                                                                          the licence ;
1 . Export licences may be transferred in whole or in part
by their titular holder (hereinafter referred to as 'the            ( b ) endorse the original and copy of the certificate, return
transferer') to other steel undertakings or distribution                  the original to the titular holder of the licence or to his
undertakings (hereinafter referred to as 'the transferees')               representative so that it may be presented to the
subject to the conditions laid down in Article 4 ( 3 ) of                 customs authorities of the United States of America on
Regulation ( EEC ) No 3723 / 89 .                                         importation , keep its own copy and send to the
                                                                          authority which issued the export licence and to the
2 . The authority which issued the licence must be                        Commission the copies intended for them .
informed of such transfer by both the transferer and
transferee . That authority shall , without delay, certify the      2 . The copies of the certificates must reach the
transfer on the export licence or on the extract and inform         Commission within three working days following the week
the Commission . Transfer shall take effect from the date of
                                                                    in which the abovementioned customs office endorsed
this certification .
                                                                    them .
3 . In cases where only a part of an export licence is
transferred , an extract from the export licence should be          3 . Where certificates are amended or cancelled with the
issued in respect of this part.                                     authorization of the customs office which endorsed them,
                                                                    that office shall also forward copies of the amended or
4.    Where a licence has been transferred to a transferee in a     cancelled certificates to the authority which issued the
Member State other than that which issued the licence , the         export licence and to the Commission, within three
authority which certified the transfer shall , without delay ,      working days following the week in which it authorized the
                                                                    amendment or the cancellation .
inform the competent authority of the Member State in
which the transferee is situated .
                                                                    4 . Member States may provide for the forwarding of
5 . Each licence may be transferred only once .                     copies to the Commission to take place through a central
                                                                    organization appointed for this purpose.
                           Article 4
Licences or extracts from licences issued by the authorities                                     Article 7
of a Member State , as well as certificates , declarations and
certifications accompanied by the stamp of these                    1 . Licence applications must include the following
authorities, shall have the same legal value in each of the         information :
other Member States as such documents issued by the
authorities of these Member States as well as certificates,         — a description of the products, specifying the category
declarations and certifications accompanied by the stamp                  and the CN code, in accordance with Annex I;
of these authorities .                                                    however, the CN code is not required if the applicant
                                                                          declares that he wishes to transfer the requested licence,
                                                                          in which case the code must be given by the
                           Article 5                                      transferee,
1 . Fully used licences shall be returned at the latest on the      — the quantity of products (in tonnes),
eighth working day following their complete use to the
competent authority in the Member State which issued                — the exporter's name or trade-name, address and
them .                                                                    telephone and telex numbers,
 ---pagebreak--- No L 368 / 62                                 Official Journal of the European Communities                                  18 . 12 . 89
— the consignee's name or trade-name and address;                        (b ) a breakdown by licence-holder;
      however, this information is not required if the
      applicant declares that he wishes to transfer the licence          (c) an indication of the amounts for each product to be
      requested , in which case this information must be                      temporarily imported into the United States of America
      provided by the transferee,                                             for re-export in the same state or without having
                                                                              undergone substantial processing there or having been
— scheduled date(s) of export,                                                subject to double substantial transformation as defined
— where appropriate, an indication that the products are                      in Appendix D of the Arrangement.
      intended for temporary importation into the United
      States of America and re-export in the same state or
      without having undergone substantial processing or                 3 . Within the first 15 days of each month Member States
      having been subject to double substantial                          shall inform the Commission of the amounts in respect of
      transformation as defined in Appendix D of the                     which licences expired in the preceding month .
      Arrangement ( 1 ).
                                                                         4. The Member States shall forward to the Commission,
2. The exporter must declare that the goods are of                       within eight days, a copy of each licence and any extracts
Community origin and that the information on his licence                 once they have been issued .
application is accurate .
                              Article 8
                                                                         They shall also forward a copy of each amended or
                                                                         cancelled licence and of amended or cancelled extracts as
                                                                         soon as they have been amended or cancelled.
In the case of loss, theft or destruction of the original of an
export licence or certificate , the competent authorities
which issued or endorsed the said documents may issue or                 5.    Where the Commission ascertains that a Member State
endorse a duplicate.
                                                                         had issued licences in excess of its allocation for a specific
                                                                         category, it shall notify the State in question that such
Licences issued and certificates endorsed in this way shall              licences are in breach of the requirements in force and that
bear the endorsement "Duplicata" in red.                                 the certificates issued on the basis of those licences cannot
                                                                         be considered as certificates within the meaning of Article 4
                                                                         of the Arrangement.
                              Article 9
1 . Within the first 10 days of each month the Member                    6 . At the same time as they submit the monthly
States shall notify the Commission of:                                   notifications provided for in paragraph 1 , Member States
                                                                         shall send to the Commission all relevant information
( a) the amounts in respect of which licences were issued
      during the preceding month ;                                       concerning infringements of Regulation (EEC ) No
                                                                         3723 / 89 and of this Regulation and any penalties thereby
(b) the amounts exported in the month preceding that                     imposed.
      referred to in point (a) above .
2 . The      notification    from    the     Member    States shall
                                                                                                   Article 10
include:
( a) a breakdown of the products by category in accordance               This Regulation shall enter into force on the day following
      with Annex I , and in respect of the information referred          its publication in the Official Journal of the European
      to in paragraph 1 ( b), by CN code also;                           Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 11 December 1989
                                                                                          For the Commission
                                                                                          Martin BANGEMANN
                                                                                              Vice-President
( J ) See page 99 of this Official Journal .
 ---pagebreak--- 18 . 12 . 89                                       Official Journal of the European Communities                                         No L 368 / 63
                                                                           ANNEX I
                                                                       List of Products
                                  Product                                     HTS (*)                       Combined Nomenclature
               — Category 35:
                    Pipe and tube                              7304.10           0)                    7304 10
                    other than OCTG                            7304.31           H                     7304 31     (»)
                                                               7304.39           (»)                   7304 39     (!)
                                                               7304.41           (M                    7304 41     0)
                                                               7304.49           0)                    7304 49
                                                               7304.51           (»)                   7304 51     (>)
                                                               7304.59           0)                    7304 59     (»)
                                                               7304.90           0)                     7304 90   ■(»•)
                                                               7305.11                                 7305 11 00
                                                               7305.12                                 7305 12 00
                                                               7305.19                                 7305 19 00
                                                              '7305.31.40        C1)                   7305 31 00       (2 )
             l                                                 7305.31.60        (»)                   7305 39 00 0 )
                                                               7305.39      '    (»)                   7305 90 00 (»)
                                                               7305.90           (»)
             I                                              \                                          7306 10
                                                               7306.10                                 7306  30    (*) ( 2 )
                                                               7306.30.10        H                     7306  40    (»)
                                                               7306.30.50        (»)                   7306  50    ( M (2 )
                                                               7306.40           (»)                   7306  60    (»)
                                                               7306.50.10        H                     7306  90 00 (»)
             I                                                 7306.50.50        i1)
                                                               7306.60           (»)                    8547 90 00 ( 3)
                                                               7306.90           (J)
                                                               8547.90.0020
               — Category 36:
                     OCTG                                      7304.20                                 7304 20
                                                               7305.20                                 7305 20
                                                               7306.20                                 7306 20 00
               (*) The subheadings and item numbers referred to above are subject to revision when the European Community or the United
                    States adopt modifications to their respective import nomenclatures. When such modifications are adopted, prior
                    notification shall be given to the other party. HTS represents the Harmonized Tariff Schedule of the United States.
               0 ) Excluded if drill pipe of a kind used in drilling for earth , minerals or ores.
               (2) Excluded if tapered pipes and tubes principally used as parts of illuminating articles.
               (3 ) Covered if conduit tubing.
 ---pagebreak---  ---pagebreak--- EUROPEAN COMMUNITY                                                                                                                                         ANNEX II
  1 Exporter (full name and address)
                                                                                                          EXPORT LICENCE
                                                                                                       EXPORT OF IRON AND STEEL PRODUCTS
                                                                                                         TO THE UNITED STATES OF AMERICA
                                                                                    No                                                              ORIGINAL
 2 EXTRACT                                                                        3 Period of validity                                               ( Quota year
                                                                                    from
    ot export licence No
  5 Licence transferred to (full name and address)                                  until                                          included
                                                                                  6 AUTHORITY ISSUING THE LICENCE OR THE EXTRACT
    with effect from
    Signature :                                   Stamp of competent authority :
                                                                                    NOTE
                                                                                    This licence and a certificate for the export of iron and steel products must
                                                                                    be produced at the customs office at which customs formalities for export
                                                                                    to the United States of America are completed .
  7 Category and detailed description of iron and steel products                   8 CN codes                                 9 Quantity (metric tonnes)
 10 Place of issue :                                                             11 Period of validity extended
    Date of issue :                                                                 until                                                         included
    Signature :                                   Stamp of competent authority :    Signature :                                  Stamp of competent authority : .
 ---pagebreak--- ATTRIBUTION OF QUANTITIES EXPORTED OR FOR WHICH AN EXTRACT IS ISSUED
 12 Quantities (metric tonnes)         13 Customs export document (type, number and date) 14 Name, Member State, signature and stamp of attributing
                                          or extract (number and date)                       authority
    Available
    Attributed
    Available
    Attributed
    Available
    Attributed
    Available
    Attributed
    Available
    Attributed
    Available
    Attributed
 ---pagebreak--- EUROPEAN COMMUNITY
 1 Exporter (full name and address)
                                                                                                          EXPORT LICENCE
                                                                                                       EXPORT OF IRON AND STEEL PRODUCTS
                                                                                                         TO THE UNITED STATES OF AMERICA
                                                                                    No                                                                    COPY
  2 EXTRACT                                                                      3 Period of validity                                               4 Quota year
    of export licence No        /                                                   from                                 ill
 S Licence transferred to (full name and address)                                   until                                          included
                                                                                 6 AUTHORITY ISSUING THE LICENCE OR THE EXTRACT
    with effect from
    Signature :                                  Stamp of competent authority :
                                                                                   NOTE
                                                                                   This licence and a certificate for the export of iron and steel products must
                                                                                   be produced at the customs office at which customs formalities for export
                                                                                   to the United States of America are completed .
 7 Category and detailed description of iron and steel products                  8 CN codes                                  9 Quantity (metric tonnes)
10 Place of issue :                                                             11 Period of validity extended
    Date of issue :                                                                until                                                         included
    Signature :                                  Stamp of competent authority :    Signature :                                  Stamp of competent authority :
 ---pagebreak---  ---pagebreak--- EUROPEAN COMMUNITY                                                                                                                                                ANNEX III
  1 Exporter (full name and address)
                                                                                                                        CERTIFICATE
                                                                                                            FOR THE EXPORT OF IRON AND STEEL PRODUCTS
                                                                                                                   TO THE UNITED STATES OF AMERICA
                                                                                              No                                                             ORIGINAL
  2 Consignee (full name and address)                                                      3 Export licence
                                                                                              No         I
                                                                                              issued in                                                 (Member State)
                                                                                           4 Extract No         I
                                                                                              issued in                                                 (Member State)
                                                                                              of export licence No
                                                                                              issued in                                                 (Member State)
NOTES
A. This certificate must be completed on a typewriter and in English .
B. This certificate and the export licence or the extract thereof to which it refers must be produced at the customs office at which customs formalities for export to the
    United States of America are completed .
C. This certificate , duly endorsed by the customs office shown in box 7 . must be produced to the competent authorities in the United States of America at the time of
    importation .
 S Marks and numbers - Number and kind of packages - Category and detailed description of iron and steel products                      6 Quantity (metric tonnes)
 7 ENDORSEMENT BY THE COMPETENT CUSTOMS OFFICE IN THE EUROPEAN COMMUNITY
    The quantity (metric tonnes) of iron and steel products shown above has been attributed           to the export licence shown in box 3
    f~ I to the extract shown in box 4.*)
     Customs export document :                                                           Signature :                                 Stamp ;
          type :
          number :
          date :
     Customs office :
     Member State :
   (*) The appropriate box to be indicated like this
 ---pagebreak---  ---pagebreak--- EUROPEAN COMMUNITY
  1 Exporter (full name and address)                                                                                    CERTIFICATE
                                                                                                              FOR THE EXPORT OF IRON AND STEEL PRODUCTS
                                                                                                                    TO THE UNITED STATES OF AMERICA
                                                                                                No                                                               COPY
  2 Consignee (full name and address)                                                        3 Export licence
                                                                                                No        /
                                                                                                issued in                                              (Member State)
                                                                                             4 Extract No         /
                                                                                                issued in                                              (Member State)
                                                                                                of export licence No      /
                                                                                                issued in                                              (Member State)
NOTES
A. This certificate must be completed on a typewriter and in English .
B. . This certificate and the export licence or the extract thereof to which it refers must be produced at the customs office at which customs formalities for export to the
     United States of America are completed .
C. This certificate , duly endorsed by the customs office shown in box 7 . must be produced to the competent authorities in the United States of America at the time of
     importation .
  5 Marks and numbers- Number and kind of packages - Category and detailed description of iron and steel products                     6 Quantity (metric tonnes)
  7 ENDORSEMENT BY THE COMPETENT CUSTOMS OFFICE IN THE EUROPEAN COMMUNIW
      The quantity (metric tonnes) of iron and steel products shown above has been attributed | | to the export licence shown in box 3
     | | to the extract shown in box 4.*)
      Customs export document :                                                            Signature :                              Stamp :
           type :
           numte '
           date :    |       |.     |       |
      Customs office :
     MemberState .
    (') The appropriate box to be indicated like this : [x]
 ---pagebreak---  ---pagebreak--- 18 . 12 . 89                                Official Journal of the European Communities                                        No L 368 / 73
                                                                ANNEX IV
                          Technical provisions relating to export licences, extracts thereof, and certificate forms
             1 . Licences, extracts thereof including any extensions and forms shall be made up in sets containing at least
                 one original , a copy for the issuing authority and a copy for the Commission .
                 Certificate forms shall be made up in sets containing at least one original , a copy for the customs, a copy for
                 the authority issuing the export licence or the extract thereof and a copy for the Commission.
             2. Forms referred to in point 1 shall be printed on white paper dressed for writing and weighing at least
                 40 g / m2. Their size shall be 210 x 297 mm .
             3 . The Member States shall be responsible for having the forms referred to in point 1 printed. These may also
                 be printed by printers appointed by the Member State in which they are established. In the latter case,
                 reference to the appointment by the Member State must appear on each form. Each form shall bear an
                 indication of the printer's name and address, or a mark enabling the printer to be identified, and an
                 individual serial number.
                 The number which shall be composed of six digits shall be preceded by the following letters according to the
                 country in which the forms are utilized: 'BE' for Belgium, 'DK' for Denmark, 'DE' for the Federal Republic
                 of Germany, 'ES' for Spain, 'FR' for France, 'GR' for Greece, 'IE' for Ireland, 'IT' for Italy, 'LU' for
                 Luxembourg, 'NL' for the Netherlands, 'PO' for Portugal and 'GB' for the United Kingdom. It may be
                 followed by additional numbers which Member States may deem necessary for statistical purposes.
             4 . Licences, extracts thereof including any extensions and forms shall be printed in one of the official
                 languages of the Community, as specified by the competent authorities of the issuing Member State.
                 Certificates shall be printed in English .