CELEX: 22002A0819(01)
Language: en
Date: 2002-07-22 00:00:00
Title: Agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products

Avis juridique important

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22002A0819(01)

Agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products  

Official Journal L 222 , 19/08/2002 P. 0020 - 0037

Agreementbetween the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel productsTHE EUROPEAN COAL AND STEEL COMMUNITY,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,of the other part,Whereas the European Coal and Steel Community (hereinafter referred to as "the Community") and the Government of the Republic of Kazakhstan (hereinafter referred to as "Kazakhstan") are desirous to promote the orderly and equitable development of trade in steel between the European Coal and Steel Community and Kazakhstan;Whereas the Partnership and Cooperation Agreement (hereinafter referred to as "PCA") between the European Communities and their Member States, on the one part, and the Kazakhstan, on the other part(1), signed on 23 January 1995 has entered into force on 1 July 1999;Whereas the Parties consider that an arrangement should be concluded to provide stability in respect of trade in such steel products;Whereas Article 17(1) of the PCA provides that trade in ECSC products is governed by Title III of the PCA, save for Article 11 thereof;Whereas for the years 2000 and 2001, trade in certain steel products covered by the Treaty establishing the European Coal and Steel Community was the subject of an agreement between the Parties, which it is appropriate to replace with a further agreement which takes account of developments in the relationship between the Parties;Whereas this Agreement is designed to provide a framework permitting the removal of quantitative restrictions on trade in certain products covered by the Treaty establishing the European Coal and Steel Community, provided that certain conditions are met and in particular when proper competitive conditions have been established in respect of the steel products covered by the Agreement;Whereas this Agreement should be complemented by the cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within the ECSC Contact Group as foreseen in Article 17 (2) of the Partnership and Cooperation Agreement,HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:THE COMMISSION OF THE EUROPEAN COMMUNITIES, ANDTHE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,WHO HAVE AGREED AS FOLLOWS:Article 11. This Agreement applies to:(a) trade in the steel products covered by the ECSC Treaty set out in Annex I originating within the Parties;(b) ferrous scrap and waste under the EC Combined Nomenclature heading 7204.2. Trade in the steel products covered by the ECSC Treaty but not set out in Annex I shall not be subject to quantitative limits without prejudice to the application of the relevant provisions of the PCA, in particular those relating to anti-dumping procedures and safeguard measures.3. In the case of subject matter which is not covered by this Agreement, the relevant provisions of the PCA shall apply.Article 21. Kazakhstan agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community of the steel products in accordance with Annex II. Such exports shall be subject to a double-checking system as specified in Protocol A.2. The Parties reiterate their commitment to achieve complete liberalisation of trade in respect of the steel products mentioned in Annex I provided that the competitive conditions have been established.3. Quantitative restrictions, customs duties, charges or any similar measures on the export of ferrous scrap and waste under the Combined Nomenclature heading 7204 are prohibited among the Parties.4. The Parties agree that imports into the EC from Kazakhstan for products mentioned in Annex I as from 1 January 2002 until the entry into force of this Agreement shall be deducted from the quantitative limits set out in Annex II.5. Imports of quantities in excess of those mentioned in Annex II shall be authorised where the EC industry is unable to meet the internal demand and results in a shortage of supply for one or more products mentioned in Annex I. Consultations shall take place immediately at the request of either Party to determine the level of the shortage. Following the conclusions of the consultations and on the basis of objective evidence, the EC shall instigate its internal procedures to increase the quantities set out in Annex II.6. In the case where the candidate countries to EU membership would accede before the termination of this Agreement, the Parties agree to consider the increase of quantitative limits set out in Annex II.7. Either Party may, at any time, request consultations concerning:- the levels of the quantitative limits set out in Annex II, where the conditions in respect of the products mentioned in Annex I have substantially deteriorated or improved;- the possibility of transferring unused amounts from under-utilised product groups to other groups.Article 31. Imports into the customs territory of the Community for free circulation of steel products mentioned in Annex I shall be subject to the production of an export licence issued by the authorities of Kazakhstan and to a certificate of origin in accordance with the provisions of Protocol A.2. Imports into the customs territory of the Community of steel products mentioned in Annex I shall not be subject to the quantitative limits set out in Annex II provided they are declared to be for re-export outside the Community in the same state or after processing, within the administrative system of control which exists within the Community.3. Carryover to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits set out in Annex II not used during any calendar year is authorised up to 10 % of the relevant quantitative limit for the year in which it was not used. Kazakhstan shall notify the Community no later than 1 March of the following year if it intends to make use of this provision.4. The quantitative limit for a given product group can be adjusted once in the course of a calendar year, subject to the consent of both Parties. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. At the start of the following calendar year, the quantitative limits shall be those shown at Annex II, without prejudice to the provisions of paragraph 3 above. Kazakhstan shall notify the Community no later than 30 June if it intends to make use of this provision.Article 41. With a view to rendering the double-checking system as effective as possible and to minimise the possibilities for abuse and circumvention:- the Kazakh authorities shall inform the Community authorities by the 28th day of each month of the export licences issued during the preceding month;- the Community authorities shall inform the Kazakh authorities by the 28th day of each month of the import authorisations issued during the preceding month.In the event of any significant discrepancy taking account of the time factors involved in respect of such information, either Party may request consultations which shall be opened immediately.2. Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, both Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning quantities description or classification of merchandise and by whatever other means. Accordingly, the Parties agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.3. Should either Party believe on the basis of information available that this Agreement is being circumvented, it may request consultations with the other Party which shall be held immediately.4. Pending the results of the consultations referred to in paragraph 3, and if requested by the Community and on provision of sufficient evidence, Kazakhstan shall ensure that any adjustments of the quantitative limits which may result from such consultations, are carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.5. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that products mentioned in Annex I originating in Kazakhstan have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits set out in Annex II.6. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.7. The Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.Article 51. The quantitative limits set out in Annex II on imports of ECSC steel products into the Community shall not be broken down by the Community into regional shares.2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows into the Community. Should a sudden and prejudicial change in traditional trade flows arise (including regional concentration or the loss of traditional supplies), the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.3. Kazakhstan shall endeavour to ensure that exports into the Community of steel products mentioned in Annex I are spaced out as evenly as possible over the year. Should a sudden and prejudicial surge of imports arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.4. In addition to the obligation contained in paragraph 3, where licences issued by the Kazakh authorities have reached 90 % of the quantitative limits for the calendar year in question, either Party may request consultations concerning the quantitative limits for that year. Such consultations shall be held immediately. Pending the outcome of such consultations the Kazakh authorities may continue to issue export licences for the products covered by this Agreement provided they do not exceed the quantities set out in Annex II.Article 61. Where any product covered by this Agreement is being imported into the Community from Kazakhstan under such conditions as to cause or threaten to cause substantial injury to Community producers of like products, the Community shall supply Kazakhstan with all relevant information with a view to seeking a solution acceptable to both Parties. The Parties shall commence consultations immediately.2. Should the consultations referred to in paragraph 1 above fail to lead to agreement within 30 days of the Community's request for consultations, the Community may utilise the right to take action concerning safeguard measures pursuant to the provisions of the PCA.3. Notwithstanding the provisions of this Agreement, the provisions of Article 13(6) of the PCA shall apply.Article 71. 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") and any amendments thereof. Any amendment to the Combined Nomenclature (CN) made in accordance with the procedures in force in the Community concerning the products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits set out in Annex II.2. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community. Any amendment to these rules of origin shall be communicated to Kazakhstan and shall not have the effect of reducing the quantitative limits set out in Annex II. The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 81. Without prejudice to the periodic exchange of information on export licences and import authorisations pursuant to Article 4(1) of this Agreement, the Parties agree to exchange full statistical information relating to the products mentioned in Annex I at appropriate intervals taking account of the shortest periods in which the information in question is prepared which shall cover export licences and import authorisations issued pursuant to Article 3 of this Agreement, import and export statistics in respect of the products in question.2. Either Party may request consultations in the event of any significant discrepancy between the information exchanged.Article 91. Without prejudice to provisions concerning consultations foreseen in respect of specific circumstances in preceding Articles, consultations shall be held on any problems arising from the application of this Agreement at the request of either of the Parties. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.2. Where this Agreement provides that consultations shall be held immediately, the Contracting Parties undertake to use all reasonable means to ensure that this is achieved.3. All other consultations shall be governed by the following provisions:- any request for consultations shall be notified in writing to the other Party,- where appropriate, the request shall be followed within a reasonable period by a report setting out the reasons for the consultations,- consultations shall begin within one month from the date of the request,- consultations shall arrive at a mutually acceptable result within one month of their commencement, unless the period is extended by agreement between the Parties.4. Specific additional consultations may also be held by agreement between the Contracting Parties.Article 101. Both Parties aim at achieving complete liberalisation of trade in steel products and recognize that it is an important condition for promoting trade between them that competition, State aid and environment provisions applicable within each Party must be compatible. To this end, and upon request from Kazakhstan the Community shall provide technical assistance to help the Republic of Kazakhstan to adopt and implement legislative provisions compatible with those adopted and applied by the Community. Such assistance shall be specified in projects to be agreed by both Parties and identifying clearly, inter alia, the objectives, the means and the calendar.2. The Parties agree that they will participate to the negotiation of international agreements on State aid and subsidies in the steel sector if such a forum is set up.Article 111. When the Treaty establishing the European Coal and Steel Community expires on 23 July 2002, the European Community shall take over all rights and obligations contracted by the former under this Agreement.2. The Parties agree that this Agreement will be continued and that all rights and obligations of the Parties under this Agreement shall be maintained after such expiry.3. The reference in Article 17 of the PCA to products covered by the Treaty establishing the European Coal and Steel Community shall be read to refer to products listed in Annex III after the expiry of the said Treaty.Article 121. This Agreement shall enter into force on the day of its signature. It shall be applicable until 31 December 2004 unless it is denounced in accordance with the provisions of paragraph 3.2. Either Party may at any time propose modifications to this Agreement which at the request of either Party shall be the subject of consultations.3. Either Party may denounce this Agreement, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice and the quantitative limits in the Community established in Annex 2 of this Agreement shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Parties decide otherwise by common agreement.4. In the event that Kazakhstan accedes to the WTO before the expiration of this Agreement, the Agreement shall be reviewed prior to such accession to ensure that its provisions are consistent with WTO rules. The operation of the Agreement shall also be reviewed in the event of new multilateral commitments accepted both by the Community and Kazakhstan concerning the steel products mentioned in Annex I.5. The Community reserves the right at all times to take all appropriate measures including, where the Parties are unable to reach a mutually satisfactory solution in the consultations foreseen in previous Articles or where this Agreement is denounced by either Party, the reintroduction of a system of autonomous quotas in respect of exports from Kazakhstan of the products mentioned in Annex I.6. The Annexes and Protocol A attached to this Agreement shall form an integral part thereof.Article 13This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Kazakh and Russian languages, each of these texts being equally authentic.Hecho en Bruselas, el veintidós de julio de dos mil dos./Udfærdiget i Bruxelles, den toogtyvende juli to tusind og to./Geschehen zu Brüssel am zweiundzwanzigsten Juli zweitausendundzwei./Βρυξέλλες, είκοσι δύο Ιουλίου δύο χιλιάδες δύο./Done at Brussels, on the twenty-second day of July two thousand and two./Fait à Bruxelles, le vingt-deux juillet deux mille deux./Fatto a Bruxelles, addì ventidue luglio duemiladue./Gedaan te Brussel, tweeëntwintig juli tweeduizend en twee./Feito em Bruxelas, em vinte e dois de Julho de dois mil e dois./Tehty Brysselissä kahdentenakymmenentenätoisena päivänä heinäkuuta vuonna kaksituhattakaksi./Utfärdad i Bryssel den tjugoandra juli tjugohundratvå./>PIC FILE= "L_2002222EN.002401.TIF">/>PIC FILE= "L_2002222EN.002402.TIF">Por la Comisión de las Comunidades Europeas/Für die Kommission der Europäischen Gemeinschaften/For Kommissionen for De Europæiske Fællesskaber/Euroopan yhteisöjen komission puolesta/Pour la Commission des Communautés européennes/Για την Επιτροπή των Ευρωπαϊκών Κοινοτήτων/For the Commission of the European Communities/Per la Commissione delle Comunità europee/Voor de Commissie van de Europese Gemeenschappen/Pela Comissão das Comunidades Europeias/På Europeiska gemenskapernas kommissions vägnar/>PIC FILE= "L_2002222EN.002403.TIF">/>PIC FILE= "L_2002222EN.002404.TIF">Roderick AbbottPor el Gobierno de la República de Kazajistán/Für die Regierung der Republik Kasachstan/For regeringen for Republikken Kasakhstan/Kazakstanin tasavallan hallituksen puolesta/Pour le gouvernement de la République du Kazakhstan/Για την κυβέρνηση της Δημοκρατίας του Καζακστάν/For the Government of the Republic of Kazakhstan/Per il governo della Repubblica di Kazakistan/Voor de regering van de Republiek Kazachstan/Pelo Governo da República do Cazaquistão/På Republiken Kazakstans regerings vägnar/>PIC FILE= "L_2002222EN.002405.TIF">/>PIC FILE= "L_2002222EN.002406.TIF">Mazhit Yessenbaev(1) OJ L 196, 28.7.1999, p. 3.ANNEX IKAZAKHSTANSA. FLAT-ROLLED PRODUCTSSA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA1a. Hot rolled coils for re-rolling7208 37 107208 38 107208 39 10SA2. Heavy plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80ANNEX IIQUANTITATIVE LIMITS>TABLE>ANNEX IIIPRODUCTS REFERRED TO IN ARTICLE 117201 10 117201 10 197201 10 307201 10 907201 50 107201 50 907202 11 207202 11 807202 99 117203 10 007203 90 007204 10 007204 21 107204 21 907204 29 007204 30 007204 41 107204 41 917204 41 997204 49 107204 49 307204 49 917204 49 997204 50 107204 50 907206 10 007206 90 007207 11 117207 11 147207 11 167207 12 107207 19 117207 19 147207 19 167207 19 317207 20 117207 20 157207 20 177207 20 327207 20 517207 20 557207 20 577207 20 717208 10 007208 25 007208 26 007208 27 007208 36 007208 37 107208 37 907208 38 107208 38 907208 39 107208 39 907208 40 107208 40 907208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 13 007211 14 107211 14 907211 19 207211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 907216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 91 117218 91 197218 99 117218 99 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907219 90 107220 11 007220 12 007220 20 107220 90 117220 90 317221 00 107221 00 907222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 10 007224 90 017224 90 057224 90 087224 90 157224 90 317224 90 397225 11 007225 19 107225 19 907225 20 207225 30 007225 40 207225 40 507225 40 807225 50 007225 91 107225 92 107225 99 107226 11 107226 19 107226 19 307226 20 207226 91 107226 91 907226 92 107226 93 207226 94 207226 99 207227 10 007227 20 007227 90 107227 90 507227 90 957228 10 107228 10 307228 20 117228 20 197228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 007302 10 317302 10 397302 10 907302 20 007302 40 107302 90 10Agreed minuteIn the context of the Agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products signed in Brussels, on 22 July 2002, the Parties agree that:- in pursuance of the exchange of information foreseen in Article 4(1) concerning export licences and import authorisations the parties will supply that information by reference to the Member States in addition to the Community as a whole,- pending the satisfactory outcome of the consultations foreseen by Article 5(2), Kazakhstan will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows; and- Kazakhstan will take due account of the sensitive nature of small regional markets within the Community both as regards their traditional needs for supplies and the avoidance of regional concentrations.PROTOCOL ATITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Kazakhstan of any changes in the Combined Nomenclature (CN) in respect of products covered by the Agreement before the date of their entry into force in the Community.2. The competent authorities of the Community undertake to inform the competent authorities of Kazakhstan of any decisions relating to the classification of products covered by the Agreement within one month of their adoption at the latest.Such a description shall include:(a) a description of the products concerned,(b) the relevant CN codes,(c) the reasons which have led to the decision.3. Where a decision on classification results in a change of classification practice of any product covered by the Agreement, the competent authorities of the Community shall provide 30 days notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date.4. Where a Community decision on classification resulting in a change of classification practice of any product covered by the Agreement affects a category subject to quantitative limits, the Parties agree to enter into consultations in accordance with the procedures described in Article 9(3) of the Agreement with a view to honouring the obligation contained in Article 7(1) of the Agreement.5. In case of divergent opinions between the competent authorities of Kazakhstan and the Community at the point of entry into the Community on the classification of products covered by the Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 9 with a view to reaching agreement on the definitive classification of the products concerned.TITLE IIORIGINArticle 21. Products originating in Kazakhstan according to the Community Regulations in force for export to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Kazakh origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be certified by the Kazakh organisations authorised for such purposes under Kazakh legislation as to whether the products in question can be considered as products originating in Kazakhstan.Article 3The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative. The Kazakh organisations authorised for such purposes under Kazakh legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.Article 4The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.TITLE IIIDOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITSSECTION IExportationArticle 5The appropriate Kazakh governmental authorities shall issue an export licence in respect of all consignments from Kazakhstan of steel products covered by the Agreement up to the quantitative limits set out in Annex II of the Agreement.Article 61. The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory of the Community.2. Each export licence must 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 Annex II of the Agreement.Article 7The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.Article 81. Exports shall be set off against the quantitative limits established for the year in which the shipment of goods has been effected even if the export licence is issued after such shipment.2. For the purposes of applying paragraph 1, shipment of goods is considered to have taken place on the date of their loading onto the exporting transport.Article 9The presentation of an export licence, in application of Article 11, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.SECTION IIImportationArticle 101. Steel products originating in Kazakhstan, covered by a valid import licence issued pursuant to Decision 2001/934/ECSC(1), as amended, which were already sent to the Community before the date of entry into force of this Agreement shall be admitted within the limits applicable for the period from 1 January 2002 to 31 December 2002.2. The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorisation.Article 111. The competent authorities of the Community shall issue the import authorisation referred to in Article 8 above, within 10 working days of the presentation by the importer of the original of the corresponding export licence. A list of the competent authorities is annexed to this Protocol.2. The import authorisations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.3. The competent authorities of the Community shall cancel the import authorisation already issued whenever the corresponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the release for free circulation of the products into the Community, the relevant quantities shall be set off against the limits established for the product.Article 12If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Kazakhstan exceed the relevant quantitative limit established for products covered by Annex II of the Agreement the Community authorities shall suspend the further issue of import authorisations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authorities of Kazakhstan and immediate consultations pursuant to Article 9(2) of the Agreement shall be initiated.TITLE IVFORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITYArticle 131. The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script.These 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/m2. If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked "original" and the other copies "copies". Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.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:KZ= Kazakhstan,- 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 in question corresponding to the last figure in the year, e.g. "2" for 2002,- a two-digit number from 01 to 99, identifying the particular issuing office concerned in exporting country,- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.Article 14The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases, they must bear the endorsement "issued retrospectively".Article 151. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Kazakh governmental authorities competent to issue licences or to the Kazakh organisations authorised to issue certificates of origin under Kazakh legislation, respectively, for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement "duplicate".2. The duplicate shall bear the date of the original export licence or certificate of origin.TITLE VADMINISTRATIVE COOPERATIONArticle 16The Parties 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 17In order to ensure the correct application of this Protocol, the Parties shall offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.Article 18Kazakhstan shall send the Commission of the European Communities the names and addresses of the competent Kazakh authorities which are authorised to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Kazakhstan shall also notify the Commission of any change in this information.Article 191. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Kazakh authorities giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol.4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.Should such verifications reveal systematic irregularities in the use of certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2(1) of this Protocol.5. For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept by the appropriate Kazakh authorities for at least one year following the end of the Agreement.6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question.Article 201. Where the verification procedure referred to in Article 19 or where information available to the competent authorities of the Community or of Kazakhstan indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.2. To this end, the appropriate Kazakh authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Kazakhstan shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.3. By agreement between the Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Kazakhstan shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the trade in the type of products covered by the Agreement between Kazakhstan and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Kazakhstan prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation, where available.5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Kazakhstan and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.>PIC FILE= "L_2002222EN.003301.TIF">>PIC FILE= "L_2002222EN.003401.TIF">>PIC FILE= "L_2002222EN.003501.TIF">>PIC FILE= "L_2002222EN.003601.TIF">LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES/LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER/LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN/ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ/LIST OF THE COMPETENT NATIONAL AUTHORITIES/LISTE DES AUTORIΤÉS NATIONALES COMPÉTENTES/ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI/LIJST VAN BEVOEGDE NATIONALE INSTANTIES/LISTA DAS AUTORIDADES NACIONAIS COMPETENTES/LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA/FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETERBELGIQUE/BELGIËMinistère des affaires économiquesAdministration des relations économiquesServices licencesRue Général Leman 60 B - 1040 Bruxelles Fax: (32-2) 230 83 22 Ministerie van Economische ZakenBestuur van de Economische BetrekkingenDienst VergunningenGeneraal Lemanstraat 60 B - 1040 Brussel Fax: (32-2) 230 83 22DANMARKErhvervsfremme StyrelsenØkonomi- og ErhvervsministerietVejlsøvej 29 DK - 8600 Silkeborg Fax (45) 35 45 64 01DEUTSCHLANDBundesamt für Wirtschaft und Ausfuhrkontrolle, (BAFA) Frankfurter Straße 29-35 D - 65760 Eschborn 1 Fax: (49-6196) 942 26ΕΛΛΑΣΥπουργείο Εθνικής ΟικονομίαςΓενική Γραμματεία Διεθνών ΣχέσεωνΔιεύθυνση Διεθνών Οικονομικών ΡοώνΚορνάρου 1 GR - 105 63 Αθήνα Fax: (30 10) 328 60 94ESPAÑAMinisterio de EconomíaDirección General de Comercio ExteriorPaseo de la Castellana 162 E - 28046 Madrid Fax: + (34) 915 63 18 23/913 49 38 31FRANCESetice 8, rue de la Tour-des-Dames F - 75436 Paris Cedex 09 Fax: + (33) 155 07 46 69IRELANDDepartment of Enterprise, Trade and EmploymentImport/ Export Licensing, Block CEarlsfort CentreHatch Street Dublin 2 Ireland Fax: (353-1) 631 28 26ITALIAMinistero delle Attività produttiveDirezione generale per la Politica commerciale e per la gestione del regime degli scambiViale America, 341 I - 00144 Roma Fax: (39-06) 59 93 22 35/59 93 26 36LUXEMBOURGMinistère des affaires étrangèresOffice des licencesBP 113 L - 2011 Luxembourg Fax: (352) 46 61 38NEDERLANDBelastingdienst/Douane centrale dienst voor in- en uitvoer Postbus 30003, Engelse Kamp 2 9700 RD Groningen Nederland Fax: (31) 505 26 06 98m.i.v. 18.1.2002Fax: + (31) 505 23 23 41ÖSTERREICHBundesministerium für Wirtschaft und ArbeitAußenwirtschaftsadministrationLandstrasser Hauptstraße 55-57 A - 1030 Wien Fax: + 43-1-711 00/8386PORTUGALMinistério da EconomiaDirecção-Geral das Relações Económicas InternacionaisAlfândega de Lisboa, Largo do Terreiro do Trigo P - 1100 Lisboa Fax: (351-21) 881 42 61SUOMITullihallitus PL 512 FIN - 00101 Helsinki Faksi: (358-9) 614 28 52SVERIGEKommerskollegium Box 6803 S - 113 86 Stockholm Fax: (46-8) 30 67 59UNITED KINGDOMDepartment of Trade and IndustryImport Licensing BranchQueensway House, West Precinct Billingham Cleveland TS23 2NF United Kingdom Fax: (44) 1642 533 557(1) OJ L 345, 29.12.2001, p. 78.