CELEX: 52001PC0816
Language: en
Date: 2002-01-07
Title: Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community

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52001PC0816

Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community  /* COM/2001/0816 final - ACC 2002/0001 */  

Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community(presented by the Commission)EXPLANATORY MEMORANDUMThe Community's Partnership and Cooperation Agreement with Ukraine provides for agreements on quantitative arrangements concerning exchanges of ECSC steel products.  The current ECSC Steel Agreement expires on 31 December 2001.  Moreover, certain steel products which fall outside the scope of the Steel Agreement are subject to a double-checking system without quantitative limitations. This double-checking system also ends on 31 December 2001.During the negotiations on the new ECSC steel Agreement, the Parties agreed to re-establish a double-checking system without quantitative limitations in order to monitor the trade in certain EC and ECSC Treaty steel products which fall outside the scope of the ECSC Agreement. The aim of the double-checking system is to improve transparency and to avoid possible diversions of trade. It is without prejudice to the application of the relevant provisions of the agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures.The double-checking system would apply for the period 2002-2004. It will be established by means of an Agreement in the form of an Exchange of Letters.2002/0001 (ACC)Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European CommunityTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 together with Article 300 (2), first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part  [1], entered into force on 1 March 1998,[1]  OJ L 49, 19.2.1998, p.3(2) The European Community and the Government of Ukraine agreed to establish a double-checking system in respect of certain steel products for the period ranging from 1 July 1997 to 31 December 1999.  This Agreement in the form an Exchange of Letters was approved on behalf of the European Community by means of Council Decision 97/481/EC [2].  The system was extended for the period ranging from 1 January 2000 to 31 December 2001 by means of Council Decision 2000/202/EC [3].  Council Regulation (EC) N°1526/97 [4], extended by Council Regulation (EC) N° 501/2000 [5], established the corresponding implementing legislation for the Community,[2]   OJ L 210, 4.8.97, p. 15[3]   OJ L 62, 9.3.2000, p. 25[4]   OJ L 210, 4.8.97, p. 30[5]   OJ L 62, 9.3.2000, p. 1(3) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community,HAS DECIDED AS FOLLOWS:Article 11. The Agreement in the form of an Exchange of Letters between the European Community and Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community is hereby approved on behalf of the European Community.2. The text of the Agreement [6] is annexed to this Decision.[6]  See page ... of this Official Journal.Article 2The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters referred to in Article 1 in order to bind the Community.Done at Brussels,For the CouncilThe PresidentAgreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties  from Ukraine to the European CommunityLETTER FROM THE COUNCIL OF THE EUROPEAN UNIONSir,1. I have the honour to refer to the ongoing negotiations between the European Coal and Steel Community and Ukraine concerning a new ECSC steel agreement, in the course of which consultations took place with regard to problems concerning certain steel products covered by the EC and ECSC treaties which fall outside the scope of the ECSC steel Agreement.2. Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter.3. The present Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures.4. Either Party may at any time propose modifications to the Annex or its appendices which shall require the mutual consent of the Parties and shall take effect as agreed by them. In the event that anti-dumping or safeguard investigations are initiated or measures introduced in the European Community concerning a product under the double-checking system, Ukraine will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the Community.5. In conclusion, I have the honour to propose that if this letter, its annex and appendices are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and Ukraine, which shall enter into force on the date of your reply.Please accept, sir, the assurance of my highest consideration,For the Council of the European UnionLETTER FROM THE GOVERNMENT OF UKRAINESir,I have the honour to acknowledge receipt of your letter of ............... which reads as follows:"1. I have the honour to refer to the ongoing negotiations between the European Coal and Steel Community and the Government of the Ukraine concerning a new ECSC steel agreement, in the course of which consultations took place with regard to problems concerning certain steel products covered by the EC and ECSC treaties which fall outside the scope of the ECSC steel Agreement.2. Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter.3. The present Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures.4. Either Party may at any time propose modifications to the Annex or its appendices which shall require the mutual consent of the Parties and shall take effect as agreed by them. In the event that anti-dumping or safeguard investigations are initiated or measures introduced in the European Community concerning a product under the double-checking system, Ukraine will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the Community.5. In conclusion, I have the honour to propose that if this letter, its annex and appendices are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and Ukraine, which shall enter into force on the date of your reply."I have the honour to confirm that the above is acceptable to my Government and that your letter, this reply and the attached annex and appendices together constitute an agreement, in accordance with your proposal.Please accept, Sir, the assurance of my highest consideration.For the Government of Ukraine.ANNEXto the Agreement in the form of and Exchange of Letters between  the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties  from Ukraine to the European Community1.1. For the period running from the date on which this Agreement is applied between the Parties to 31 December 2004, unless both Parties agree to terminate the system earlier, imports into the Community of the products listed in Appendix I originating in Ukraine shall be subject to the presentation of a surveillance document conforming to the model shown at Appendix II issued by the authorities in the Community.1.2. For the period running from the date on which this Agreement is applied to 31 December 2004, unless both Parties agree to terminate the system earlier, imports into the Community of the products listed in Appendix I and which originate in Ukraine shall, in addition, be subject  to the issue of an export document by the competent Ukrainian authorities. Presentation by the importer of the original of the export document must be effected not later than 31 March of the year following that in which the goods covered by the document were shipped.1.3. Shipment is considered to have taken place on the date of loading into the exporting means of  transport.1.4. The export document shall conform to the model shown in Appendix III. It shall be valid for exports throughout the customs territory of the Community.1.5. Ukraine shall notify the Commission of the European Communities of the names and addresses of the appropriate Ukrainian governmental authorities which are authorised to issue and to verify export documents together with specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in these particulars.1.6. The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'Combined Nomenclature`, or in  abbreviated form 'CN`). The origin of the products covered by this Agreement shall be determined in  accordance with the rules in force in the Community.1.7. The competent authorities of the Community undertake to inform Ukraine of any changes in the Combined Nomenclature (CN) in respect of products covered by this Agreement before their date of entry into force in the Community.1.8. Certain technical provisions on the implementation of the double-checking system are set out  in Appendix IV.2.1. Ukraine undertakes to supply the Community with precise statistical  information on the export documents issued by the Ukrainian authorities pursuant to 1.2. Such  information shall be transmitted to the Community by the end of the month following the month to which the statistics relate.2.2. The Community undertakes to supply the Ukrainian authorities with precise statistical information on surveillance documents issued by Member States in respect of the export documents issued by the Ukrainian authorities pursuant to 1.1. Such information shall be transmitted to the Ukrainian authorities by the end of the month following the month to which the statistics relate.3. If necessary, at the request of either of the Parties, consultations shall be held on  any problems arising from the operation of the Agreement. Such consultations shall be held promptly.  Any consultations held under this paragraph shall be approached by both Parties in a spirit of  cooperation and with a desire to reconcile the difference between them.4. Any notices to be given hereunder shall be given:- in respect of the Community, to the Commission of the European Communities,- in respect of Ukraine, to the Mission of Ukraine to the European Communities.APPENDIX IList of products subject to double-checking without quantitative limitsUkraineCold-rolled narrow strip of a width not exceeding 500mm7211 23 997211 29 507211 29 907211 90 90Grain non-oriented electrical sheet7211 23 917225 19 107225 19 907226 19 107226 19 307226 19 90Ingots and other primary forms7218 10 007224 10 00Grain-oriented electrical sheet7226 11 90APPENDIX II&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;Extension pages to be attached hereto&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;Extension pages to be attached heretoAPPENDIX III&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;APPENDIX IVUKRAINETechnical Annex on the double-checking system1.  The export  documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not  containing mechanical pulp, and weighing not less than 25 g/m . They shall be made out in English.  If they are completed by hand, entries must be in ink and in printed script. These documents may  comprise additional copies duly indicated as such. If the documents have several copies only the  top copy is the original. This copy shall be clearly marked as 'original` and other copies as  'copies`. Only the original shall be accepted by the competent authorities of the Community as  being valid for the control of export to the Community in accordance with the provisions of the  double-checking system.2.  Each document shall bear a standardised serial number, whether or not printed, by which it can  be identified. This number shall be composed of the following elements:-  two letters identifying the exporting country as follows: UA = Ukraine,-  two letters identifying the intended Member State of customs clearance as follows:BE =  BelgiumDK =  DenmarkDE =  GermanyEL =  GreeceES =  SpainFR =  FranceIE =  IrelandIT =  ItalyLU =  LuxembourgNL =  NetherlandsAT =  AustriaPT =  PortugalFI =  FinlandSE =  SwedenGB =  United Kingdom-  a one-digit number identifying the year, corresponding to the last figure in the respective  year, e.g. "2" for 2002,-  a two-digit number from 01 to 99, identifying the particular issuing office concerned in the  exporting country,-  a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member  State of customs clearance.3.  The export documents shall be valid for the calendar year during which they are issued, as shown in Box N° 3 of the export document.4.  Since the importer needs to present the original export document when requesting an import  document, export documents should, as far as possible, be issued in respect of individual commercial transactions, not global contracts.5.  Ukraine need not show price information on the export document, but that information is available to the Commission authorities on request.6.  Export documents may be issued after the shipment of the products to which they relate. In such  cases they must bear the endorsement 'issued retrospectively`.7.  In the event of a theft, loss or destruction of an export document, the exporter may apply to  the competent governmental authority which issued the document for a duplicate to be made out on  the basis of the export documents in his possession. The duplicate of any such document so issued  shall bear the endorsement 'duplicate`. The duplicate shall bear the date of the original export  document.8.  The competent authorities of the Community shall be informed immediately of the withdrawal or  modification of any export documents already issued and, where relevant, of the basis for such action.FINANCIAL STATEMENT1. Budget heading involved:Chapter 122. Legal Basis:Article 133 EC treaty3. Title of measure:Agreement in the form of an Exchange of Letters between the European Community and the Government of Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Ukraine to the European Community.4. Purpose:To establish a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community5. Method of calculation:The double-checking system without quantitative limitations has no financial implications for the Community budget