CELEX: 21993D0629(01)
Language: en
Date: 1993-05-28 00:00:00
Title: Decision No 1/93 of the EC-Czech Republic and Slovak Republic Joint Committee of 28 May 1993 concerning the export of certain steel products from the Slovak Republic to the Community

Avis juridique important

|

21993D0629(01)

Decision No 1/93 of the EC-Czech Republic and Slovak Republic Joint Committee of 28 May 1993 concerning the export of certain steel products from the Slovak Republic to the Community  

Official Journal L 157 , 29/06/1993 P. 0059 - 0066

DECISION No 1/93 OF THE EC-CZECH REPUBLIC AND SLOVAK REPUBLIC JOINT COMMITTEE of 28 May  1993 concerning the export of certain steel products from the Slovak Republic to the Community(93/372/ECSC)THE JOINT COMMITTEE, Whereas the Joint Committee referred to in Article 37 of the Interim Agreement between the  Community of the one part and the Czech and Slovak Federal Republic of the other part, signed in  Brussels on 16 December 1991 (hereinafter referred to as 'the Interim Agreement`) recognized the  need to find appropriate solutions in the framework of Article 44 (1) of the Interim Agreement, in  order to ensure that the attainment of the objectives of the Interim Agreement will not be  jeopardized; Whereas certain steel products were the subject of safeguard measures in the Community in 1992  taken pursuant to Commission Recommendation 92/434/ECSC of 14 August 1992  (1) and Commission  Decision 92/433/EEC of 14 August 1992  (2); Whereas declarations have been submitted by the Czech Republic and by the Slovak Republic informing  the Community that both the Czech Republic and the Slovak Republic continue to assume all the  obligations deriving from the Interim Agreement upon the dissolution of the Czech and Slovak  Federal Republic on 31 December 1992; Whereas in view of the grave crisis and the need for restructuring in the steel industry both of  the Community and of the Slovak Republic it is desirable to ensure a predictable and stable  framework for their trading relationship; Whereas the situation is of a nature that requires a prompt decision of the Joint Committee  pursuant to Article 38 of the Interim Agreement; Whereas the situation has been the subject of thorough examination and on the basis of relevant  information supplied to it the parties are agreed that an acceptable solution which least disturbs  the functioning of the Interim Agreement is a tariff quota system for the imports of certain steel  products into the Community, HAS DECIDED AS FOLLOWS: Article 1 1.  For the period 1 June 1993 to 31 December 1995, imports into the  Community of products, the CN codes of which are listed in Annex I and which originate in the  territory of the Slovak Republic shall be subject to the import duty foreseen in the Interim  Agreement and in particular in Article 2 of its Protocol 2 provided that they are accompanied by a  movement certificate EUR 1 and an export licence in the form set out in Annex II within the  following limits: >TABLE>    2.  For the period referred to in paragraph 1 imports into the Community of the products referred  to in Annex I and originating in the territory of the Slovak Republic: -  within the limits set out in paragraph 1, not accompanied by a movement certificate EUR 1 and an  export licence in the form set out in Annex II, -  in excess of these amounts, shall be subject to an import duty in addition to that foreseen in the Interim Agreement. The  additional duty shall be the following percentage points of the customs value of the products: -  25  % for hot-rolled coils, -  30  % for cold-rolled sheet, -  25  % hot-rolled strip and hoop, -  25  % cut lengths, -  30  % for seamless tubes. 3.  Without prejudice to applicable Community legislation, products imported into the Community  after outward processing or for the purposes of inward processing using the suspension system  foreseen in Commission Regulation (EEC) No 1999/85  (1) which comply with the usual administrative  requirements are not included within the scope of this Decision. 4.  The rules of origin to be applied are those laid down in Protocol 4 of the Interim Agreement.  However, these rules shall apply to the territory of the Slovak Republic rather than, as foreseen  in the Protocol, to the territory of the Czech and Slovak Federal Republic. Article 2 The Slovak authorities undertake to remain within the limits set out in Article 1 (1)  for licences issued in the form set out in Annex II. Such licences shall include the following  information in respect of the relevant tariff quota: 'Goods deducted from the tariff quota to the amount of .  .  . tonnes`. Article 3 1.  The Slovak authorities shall use their best endeavours: -  to present sudden and prejudicial changes in traditional trade flows resulting in regional  concentration of export to the Community of the products referred to in Annex I, and -  to ensure an even rate of delivery of the products referred to in Annex I, in order to avoid a  significant concentration of any particular product in any particular period. 2.  Should sudden and prejudicial changes in trade flows or surges of imports arise, the Community  will be entitled to request consultations in order to find a satisfactory solution to those  problems. Such consultations must be held within 15 working days of their being requested by the  Community. Article 4 1.  The Slovak Republic undertakes to supply the Community with precise statistical  information on the export licences issued by the Slovak authorities pursuant to Article 2. Such  information shall be transmitted to the Community by the end of the month following the month to  which the statistics relate. 2.  The Community undertakes to supply the Slovak authorities with precise statistical information  on imports of the products referred to in Annex I as soon as possible. Article 5 1.  If necessary, at the request of either of the Parties, consultations shall be held  on any problems arising from the operation of the Decision. Such consultations shall be held  promptly. Any consultations held under this Article shall be approached by both Parties in a spirit  of cooperation and with a desire to reconcile the difference between them. 2.  Without prejudice to paragraph 1, consultations on the operation of this Decision will take  place on a quarterly basis between representatives of the Community on the one part and  representatives of the Slovak Republic on the other part. These consultations will focus in  particular on comparisons of statistical and any other relevant information on trade flows and  price levels, and on information relating to possible fraudulent circumvention of origin rules. 3.  Not later than 31 March 1994 and 31 March 1995 the Parties shall, in the light of the operation  of this Decision, examine whether the conditions for the application of this Decision still  obtain. Article 6 Any notices to be given hereunder shall be given: -  in respect of the Community to the Commission of the European Communities (DG I/D/2 and DG  III/E/1), -  in respect of the Slovak Republic to The Mission of the Slovak Republic to the European Communities; and The Ministry of Economy of the Slovak Republic, Multilateral Cooperation Department, Spitalska 8,  81315 Bratislava, Slovak Republic (Fax 00  427  368093). Article 7 This Decision shall be binding on both the Community and the Slovak  Republic which shall take the measures necessary to implement it. This Decision shall enter into force on the date of signature. Done at Brussels, 28 May 1993. For the Community For the Slovak Republic Joern KECK Jan VARSO   ANNEX I Hot-rolled coils 7208  11  00 7208  12  10 7208  12  91 7208  12  95 7208  12  98 7208  13  10 7208  13  91 7208  13  95 7208  13  98 7208  14  10 7208  14  91 7208  14  99 7208  21  10 7208  21  90 7208  22  10 7208  22  91 7208  22  95 7208  22  98 7208  23  10 7208  23  91 7208  23  95 7208  23  98 7208  24  10 7208  24  91 7208  24  99 7219  11  10 7219  11  90 7219  12  10 7219  12  90 7219  13  10 7219  13  90 7219  14  10 7219  14  90 7225  10  10 7225  20  20 7225  30  00 Cold-rolled sheets 7209  11  00 7209  12  90 7209  13  90 7209  14  90 7209  21  00 7209  22  90 7209  23  90 7209  24  91 7209  24  99 7209  31  00 7209  32  90 7209  33  90 7209  34  90 7209  41  00 7209  42  90 7209  43  90 7209  44  90 7211  30  10 7211  41  10 7211  41  91 7211  49  10 Wire rod 7213  10  00 7213  20  00 7213  31  00 7213  39  00 7213  41  00 7213  49  00 7213  50  10 7213  50  90 7221  00  10 7221  00  90 7227  10  00 7227  20  00 7227  90  10 7227  90  30 7227  90  50 7227  90  70 Hot-rolled strip and hoop 7211  12  10 7211  12  90 7211  19  10 7211  19  91 7211  19  99 7211  22  10 7211  22  90 7211  29  10 7211  29  91 7211  29  99 7212  60  91 7220  11  00 7220  12  00 7220  90  31 7226  10  10 7226  20  20 7226  91  10 7226  91  90 7226  99  20 Cut lengths 7208  32  10 7208  33  10 7208  33  99 7208  34  10 7208  34  90 7208  42  10 7208  43  10 7208  43  99 7208  44  10 7208  44  90 7208  35  10 7208  35  90 7208  45  10 7208  45  90 Seamless tubes Complete combined nomenclature code 7304. Welded tubes Complete combined nomenclature code 7306.  ANNEX II MINISTRY OF ECONOMY OF THE SLOVAK REPUBLIC Licensing Department  OSpitálska 8 813  15 Bratislava EXPORT LICENCE No Exporter: Description of goods:   CN codes   Name   Quantity                                                                     Country of destination: Certification by the competent authority: Goods deducted from the tariff quota to the amount of   tonnes.   In Bratislava on      Signature   AGREED MINUTE No 1 In the context of Decision No 1/93 (S) of the EC-Czech Republic and  Slovak Republic Joint Committee of 28 May 1993 concerning trade problems in respect of certain  steel products, the parties agreed on the amounts set out in Article 1 (1) for the period 1 June to  31 December 1993. The Community and the Slovak Republic further agree that if imports of the said products  originating in the Slovak Republic for the period 1 January to 31 May 1993 exceed the following  amounts: -  hot-rolled coils 55  833 tonnes, -  cold-rolled sheet 38  950 tonnes, -  hot-rolled strip and hoop 15  375 tonnes, -  cut lengths 39  583 tonnes, -  seamless tubes 8  580 tonnes, the Slovak authorities shall reduce the amounts of the licences they can deliver pursuant to  Article 2 for the period of 1 June to 31 December 1993 (and, if necessary, for the year 1994), by  amounts corresponding to such excess. In the event that the amounts for the period 1 January to 31 May 1993 are less than the amounts set  out above the Slovak authorities may increase the amounts of the licences they can deliver pursuant  to Article 2 for the period of 1 June to 31 December 1993 by amounts corresponding to such  shortfall. The parties agree to meet not later than 30 September 1993 to ascertain the amounts imported into  the Community for the period 1 January to 31 May 1993.  AGREED MINUTE No 2 In the context of Decision No 1/93 (S) of the EC-Czech Republic and  Slovak Republic Joint Committee of 28 May 1993 concerning trade problems in respect of certain  steel products the parties agreed that the Slovak authorities shall use their best endeavours to  prevent sudden and prejudicial changes in trade flows resulting in regional concentrations in  exports to the Community and to ensure an even rate of delivery of such exports. The Community and the Slovak Republic further agree that, without prejudice to the full application  of the tariff quota system, traditional trade flows during the period of application of this  Decision shall be ascertained by reference to the traditional trade flows in the year 1991 of trade  between the Community and that part of the territory of the former Czech and Slovak Federal  Republic represented by the Slovak Republic. At the request of either party consultations can be  held concerning the adaptation of traditional trade flows to take account of changes in the  Community market.  Declaration In the context of Decision No 1/93 of the EC-Czech Republic and Slovak  Republic Joint Committee of 28 May 1993 concerning trade problems in respect of certain steel  products the parties agreed that the products set out in Annex I to the Decision be covered by a  system of tariff quotas. The Community hereby declares that it considers that the Decision constitutes measures which least  disturb the functioning of the Interim Agreement and further that the proper functioning of the  Decision will preclude other solutions to trade problems.  Declaration by the Slovak Republic The Slovak Republic declares that for the period of  the validity of this Decision it is satisfied that no exports to the Community of wire rod and  welded tubes as referred to in Annex I to this Decision are foreseen from the Slovak Republic.  Declaration The Slovak Republic having raised queries, as a result of discrepancies in  the statistical data presented by the parties, concerning the statistical information in respect of  sheets (as referred to in Annex I) imported into the Community from the Czech and Slovak Federal  Republic in the year 1991, the Community and the Slovak Republic declare that they are ready to  re-examine the statistical information and to consult with a view to verifying the said information  as promptly as possible. If it appears on the basis of this verification that there is a material error, the parties will  meet to find an appropriate solution.