CELEX: 52011PC0722
Language: en
Date: 2011-11-10
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, 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

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		52011PC0722
		
			Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, 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 /* COM/2011/0722 final - 2011/0322 (NLE) */
			
				
		
		
			
			   	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.
2011/0322 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the
European Union, 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(6)(a) thereof,
Having regard to the proposal from the European
Commission,
Having regard to the consent of the
European Parliament,
Whereas:
(1)       In accordance with Council
Decision XXX of […][1], 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 (hereinafter
referred to as "the Agreement") and the Protocol between the European
Union and the Government of the Russian Federation on technical modalities
pursuant to that Agreement (hereinafter referred to as "the Protocol"),
were signed on […], subject to their conclusion at a later date. 
(2)       The Agreement and the
Protocol were negotiated and signed in view of 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. 
(3)       The Agreement and the
Protocol should be approved on behalf of the European Union.
(4)       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 powers[2] (hereinafter
referred to as "Regulation No 182/2011").
(5)       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 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, are hereby approved on behalf of the
Union.
The texts of the Agreement and the Protocol
are attached to this Decision.
Article 2
The President of the Council shall
designate the person empowered to proceed, on behalf of the European Union, to
make the notification provide for in the Agreement and Article 27 paragraph 2
of the Protocol, respectively, in order to express the consent of the European
Union to be bound by the Agreement.
Article 3
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 4.
Article
4
1.           The Commission shall be
assisted by a committee. That committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.
2.           Where reference is made to
this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 5
This Decision shall enter into force on the
date of its adoption.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
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]
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]
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.           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"). 
2.           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)     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"); 
(b)     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;
(e)     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;
(f)      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.
4.           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.
5.           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
1.           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". 
2.           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.
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 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.
2.           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
1.           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.
2.           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.
3.           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
1.           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.
2.           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
(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.
4.           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.
5.           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
1.           A quota authorisation
shall conform to any of the forms set out in the Annex to this Protocol.
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
1.           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.
2.           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.
1.                 
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
1.           The use of tariff quotas
by exporters shall be subject to the issuance of an export license by the
competent authority of Russia. 
2.           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;
(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.
4.           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.
5.           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
1.           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.
2.           The export license shall
be issued for the amount of goods established by the contract.
3.           The export license shall
be nominal on the exporter. It shall also specify the identity of the importer.
4.           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.
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.           The
export licenses shall expire at the end of the calendar year for which the corresponding
tariff quota has been opened.
2.           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 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
1.           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.
2.           Successive shipments on
account of a same export license shall be possible up to the quantitative limit
of the export license.
3.           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
1.           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. 
2.           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.
3.           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.
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 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. 
2.           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.
3.           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.
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)     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;
(b)     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;
(c)     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; 
(d)     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 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.           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. 
2.           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
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)     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
(d)     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.
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.
Article 19
1.           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. 
2.           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.
3.           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
1.           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.
2.           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.
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.
Article 22
1.           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. 
2.           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.
2.                 
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
1.           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.
2.           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. 
3.           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"):
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.           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.
2.           Where this Protocol provides that consultations shall
be held immediately, the Parties undertake to use all reasonable means to
ensure that this is achieved.
3.           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)     consultations shall begin within one
month from the date of the receipt of such request; and
(d)     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.
Section 12
Dispute settlement
Article 25
1.           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"). 
2.           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. 
3.           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.
4.           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.
5.           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.
Section 13
Entry into force
Article 26
1.           This Protocol shall be approved by the Parties in
accordance with their respective internal procedures.
2.           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.
3.           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.
Annex
   || EUROPEAN UNION/ЕВРОПЕЙСКИЙ СОЮЗ || QUOTA AUTHORISATION / РАЗРЕШЕНИЕ НА КВОТУ ||   
   || 1 Importer (name, full address, country, VAT No) / Импортер (наименование, почтовый адрес, страна местонахождения, ИНН) || 2 Issue No / Номер выдачи 
 HOLDER'S COPY/Копия держателя         ||     ||     
     || 3 Exporter (name,full address,VAT No) / Экспортер (наименование, почтовый адрес, ИНН) 
     || 4 Authority responsible for issue (name, address and telephone No) / Орган, ответственный за выдачу (наименование, адрес и номер телефона) 
 5 Declarant/representative as applicable (name and full address) / Декларант/представитель (наименование и почтовый адрес) || 6 Last day of validity / Последний день срока действия   
   || 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) 
[1]               OJ L […], […], p. […]
[2]               OJ L 55, 28.2.2011, p. 13.