CELEX: 
Language: en
Date: 2002-08-19 00:00:00
Title: 2002/654/ECSC: Commission Decision of 8 July 2002 on the conclusion of an agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products (notified under document number C(2002) 2489) - Agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products

19.8.2002            EN                     Official Journal of the European Communities                                           L 222/19
                                                                    II
                                                (Acts whose publication is not obligatory)
                                                        COMMISSION
                                                       COMMISSION DECISION
                                                             of 8 July 2002
              on the conclusion of an agreement between the European Coal and Steel Community and the
                          Government of the Republic of Kazakhstan on trade in certain steel products
                                            (notified under document number C(2002) 2489)
                                                            (2002/654/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             HAS DECIDED AS FOLLOWS:
Having regard to the Treaty establishing the European Coal                                              Article 1
and Steel Community, and in particular the first paragraph of
Article 95 thereof,                                                     1.     The Agreement with the Republic of Kazakhstan
                                                                        concerning trade in certain steel products is hereby approved
                                                                        on behalf of the European Coal and Steel Community.
Having regard to the opinion of the Consultative Committee,
                                                                        2.     The text of the Agreement (1) is annexed to this
                                                                        Decision.
After the unanimous assent of the Council,
                                                                                                        Article 2
Whereas:
                                                                        The President of the Commission is hereby authorised to
                                                                        designate the persons empowered to sign the Agreement
(1)    Following the Council Decision of 19 November 2001,              referred to in Article 1 in order to bind the European Coal and
       the Commission opened negotiations with the                      Steel Community.
       Government of the Republic of Kazakhstan, culminating
       in an Agreement concerning trade in certain steel
       products covered by the European Coal and Steel                  Done at Brussels, 9 July 2002.
       Community.
                                                                                                              For the Commission
(2)    The Agreement establishes quantitative limits for the
       entry into free circulation in the Community of certain                                                    Pascal LAMY
       steel products for the years 2002 to 2004,                                                         Member of the Commission
                                                                        (1) See page 20 of this Official Journal.
 ---documentbreak--- L 222/20                EN                       Official Journal of the European Communities                                          19.8.2002
                                                                  AGREEMENT
               between the European Coal and Steel Community and the Government of the Republic of
                                               Kazakhstan on trade in certain steel products
               THE EUROPEAN COAL AND STEEL COMMUNITY,
               of the one part, and
               THE 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, AND
               THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,
               WHO HAVE AGREED AS FOLLOWS:
                                Article 1                                     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.
1.    This Agreement applies to:
                                                                              3.     In the case of subject matter which is not covered by this
                                                                              Agreement, the relevant provisions of the PCA shall apply.
(a) trade in the steel products covered by the ECSC Treaty set                                              Article 2
    out in Annex I originating within the Parties;
                                                                              1.     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
(b) ferrous scrap and waste under the EC Combined                             specified in Protocol A.
    Nomenclature heading 7204.
                                                                              2.     The Parties reiterate their commitment to achieve
(1) OJ L 196, 28.7.1999, p. 3.                                                complete liberalisation of trade in respect of the steel products
 ---pagebreak--- 19.8.2002              EN                     Official Journal of the European Communities                                        L 222/21
mentioned in Annex I provided that the competitive                       declared to be for re-export outside the Community in the
conditions have been established.                                        same state or after processing, within the administrative system
                                                                         of control which exists within the Community.
3.    Quantitative restrictions, customs duties, charges or any          3.      Carryover to the corresponding quantitative limits for the
similar measures on the export of ferrous scrap and waste                following calendar year of the amounts of quantitative limits
under the Combined Nomenclature heading 7204 are                         set out in Annex II not used during any calendar year is
prohibited among the Parties.                                            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 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          4.      The quantitative limit for a given product group can be
be deducted from the quantitative limits set out in Annex II.            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,
5.    Imports of quantities in excess of those mentioned in              the quantitative limits shall be those shown at Annex II,
Annex II shall be authorised where the EC industry is unable             without prejudice to the provisions of paragraph 3 above.
to meet the internal demand and results in a shortage of                 Kazakhstan shall notify the Community no later than 30 June
supply for one or more products mentioned in Annex I.                    if it intends to make use of this provision.
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                                     Article 4
to increase the quantities set out in Annex II.
                                                                         1.      With a view to rendering the double-checking system as
                                                                         effective as possible and to minimise the possibilities for abuse
6.    In the case where the candidate countries to EU                    and circumvention:
membership would accede before the termination of this
Agreement, the Parties agree to consider the increase of
quantitative limits set out in Annex II.                                  the Kazakh authorities shall inform the Community
                                                                               authorities by the 28th day of each month of the export
                                                                               licences issued during the preceding month;
7.    Either Party may, at any time, request consultations
concerning:                                                               the Community authorities shall inform the Kazakh
                                                                               authorities by the 28th day of each month of the import
                                                                               authorisations issued during the preceding month.
 the levels of the quantitative limits set out in Annex II,
    where the conditions in respect of the products mentioned            In the event of any significant discrepancy taking account of
    in Annex I have substantially deteriorated or improved;              the time factors involved in respect of such information, either
                                                                         Party may request consultations which shall be opened
                                                                         immediately.
 the possibility of transferring unused amounts from
    under-utilised product groups to other groups.                       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,
                              Article 3                                  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
1.    Imports into the customs territory of the Community for            establish the necessary legal provisions and administrative
free circulation of steel products mentioned in Annex I shall be         procedures permitting effective action to be taken against such
subject to the production of an export licence issued by the             circumvention, which shall include the adoption of legally
authorities of Kazakhstan and to a certificate of origin in              binding corrective measures against exporters and/or importers
accordance with the provisions of Protocol A.                            involved.
                                                                         3.      Should either Party believe on the basis of information
2.    Imports into the customs territory of the Community of             available that this Agreement is being circumvented, it may
steel products mentioned in Annex I shall not be subject to the          request consultations with the other Party which shall be held
quantitative limits set out in Annex II provided they are                immediately.
 ---pagebreak--- L 222/22              EN                       Official Journal of the European Communities                                      19.8.2002
4.     Pending the results of the consultations referred to in            the Kazakh authorities may continue to issue export licences
paragraph 3, and if requested by the Community and on                     for the products covered by this Agreement provided they do
provision of sufficient evidence, Kazakhstan shall ensure that            not exceed the quantities set out in Annex II.
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                                        Article 6
year is exhausted.
                                                                          1.     Where any product covered by this Agreement is being
5.     Should the Parties be unable in the course of the                  imported into the Community from Kazakhstan under such
consultations referred to in paragraph 3 to reach a mutually              conditions as to cause or threaten to cause substantial injury to
satisfactory solution, the Community shall have the right,                Community producers of like products, the Community shall
where there is sufficient evidence that products mentioned in             supply Kazakhstan with all relevant information with a view to
Annex I originating in Kazakhstan have been imported in                   seeking a solution acceptable to both Parties. The Parties shall
circumvention of this Agreement, to set off the relevant                  commence consultations immediately.
quantities against the quantitative limits set out in Annex II.
                                                                          2.     Should the consultations referred to in paragraph 1
                                                                          above fail to lead to agreement within 30 days of the
6.     Should the Parties be unable in the course of the
                                                                          Community's request for consultations, the Community may
consultations referred to in paragraph 3 to reach a mutually
                                                                          utilise the right to take action concerning safeguard measures
satisfactory solution, the Community shall have the right,
                                                                          pursuant to the provisions of the PCA.
where sufficient evidence shows false declaration concerning
quantities description or classification has occurred, to refuse
to import the products in question.                                       3.     Notwithstanding the provisions of this Agreement, the
                                                                          provisions of Article 13(6) of the PCA shall apply.
7.     The Parties agree to cooperate fully to prevent and to
address effectively all problems arising from circumvention of
this Agreement.                                                                                        Article 7
                                                                          1.     The classification of the products covered by this
                              Article 5                                   Agreement is based on the tariff and statistical nomenclature
                                                                          of the Community (hereinafter called the Combined
                                                                          Nomenclature, or in abbreviated form CN) and any
1.     The quantitative limits set out in Annex II on imports of          amendments thereof. Any amendment to the Combined
ECSC steel products into the Community shall not be broken                Nomenclature (CN) made in accordance with the procedures in
down by the Community into regional shares.                               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 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
                                                                          2.     The origin of the products covered by this Agreement
traditional trade flows arise (including regional concentration
                                                                          shall be determined in accordance with the rules in force in
or the loss of traditional supplies), the Community will be
                                                                          the Community. Any amendment to these rules of origin shall
entitled to request consultations in order to find a satisfactory
                                                                          be communicated to Kazakhstan and shall not have the effect
solution to the problem. Such consultations shall be held
                                                                          of reducing the quantitative limits set out in Annex II. The
immediately.
                                                                          procedures for control of the origin of the products referred to
                                                                          above are laid down in Protocol A.
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                                               Article 8
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            1.     Without prejudice to the periodic exchange of
be held immediately.                                                      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
4.     In addition to the obligation contained in paragraph 3,            mentioned in Annex I at appropriate intervals taking account
where licences issued by the Kazakh authorities have reached              of the shortest periods in which the information in question is
90 % of the quantitative limits for the calendar year in                  prepared which shall cover export licences and import
question, either Party may request consultations concerning               authorisations issued pursuant to Article 3 of this Agreement,
the quantitative limits for that year. Such consultations shall be        import and export statistics in respect of the products in
held immediately. Pending the outcome of such consultations               question.
 ---pagebreak--- 19.8.2002               EN                    Official Journal of the European Communities                                      L 222/23
2.     Either Party may request consultations in the event of                                          Article 11
any significant discrepancy between the information
exchanged.
                                                                         1.     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
                               Article 9                                 contracted by the former under this Agreement.
1.     Without prejudice to provisions concerning consultations          2.     The Parties agree that this Agreement will be continued
foreseen in respect of specific circumstances in preceding               and that all rights and obligations of the Parties under this
Articles, consultations shall be held on any problems arising            Agreement shall be maintained after such expiry.
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               3.     The reference in Article 17 of the PCA to products
between the Parties.                                                     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.
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.
                                                                                                       Article 12
3.     All other consultations shall be governed by the
following provisions:                                                    1.     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
 any request for consultations shall be notified in writing to          3.
     the other Party,
                                                                         2.     Either Party may at any time propose modifications to
 where appropriate, the request shall be followed within a
                                                                         this Agreement which at the request of either Party shall be
     reasonable period by a report setting out the reasons for
                                                                         the subject of consultations.
     the consultations,
 consultations shall begin within one month from the date               3.     Either Party may denounce this Agreement, provided that
     of the request,                                                     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
 consultations shall arrive at a mutually acceptable result             established in Annex 2 of this Agreement shall be reduced on
     within one month of their commencement, unless the                  a pro rata basis up to the date on which denunciation takes
     period is extended by agreement between the Parties.                effect unless the Parties decide otherwise by common
                                                                         agreement.
4.     Specific additional consultations may also be held by
agreement between the Contracting Parties.
                                                                         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
                               Article 10                                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
1.     Both Parties aim at achieving complete liberalisation of          and Kazakhstan concerning the steel products mentioned in
trade in steel products and recognize that it is an important            Annex I.
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             5.     The Community reserves the right at all times to take all
Kazakhstan the Community shall provide technical assistance              appropriate measures including, where the Parties are unable
to help the Republic of Kazakhstan to adopt and implement                to reach a mutually satisfactory solution in the consultations
legislative provisions compatible with those adopted and                 foreseen in previous Articles or where this Agreement is
applied by the Community. Such assistance shall be specified             denounced by either Party, the reintroduction of a system of
in projects to be agreed by both Parties and identifying clearly,        autonomous quotas in respect of exports from Kazakhstan of
inter alia, the objectives, the means and the calendar.                  the products mentioned in Annex I.
2.     The Parties agree that they will participate to the
negotiation of international agreements on State aid and                 6.     The Annexes and Protocol A attached to this Agreement
subsidies in the steel sector if such a forum is set up.                 shall form an integral part thereof.
 ---pagebreak--- L 222/24         EN                       Official Journal of the European Communities                                   19.8.2002
                                                              Article 13
         This 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.
         BqtnÝkkey, eßjori dýo Iotkßot dýo vikiÜdey dýo.
         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.
         Por la Comisión de las Comunidades Europeas                       Por el Gobierno de la República de Kazajistán
         Für die Kommission der Europäischen Gemeinschaften                Für die Regierung der Republik Kasachstan
         For Kommissionen for De Europæiske Fællesskaber                   For regeringen for Republikken Kasakhstan
         Euroopan yhteisöjen komission puolesta                            Kazakstanin tasavallan hallituksen puolesta
         Pour la Commission des Communautés européennes                    Pour le gouvernement de la République du Kazakhstan
         Cia sgm EpisqopÞ sxm Etqxpaújþm JoimosÞsxm                        Cia sgm jtbÝqmgrg sgy Dglojqasßay sot JafajrsÜm
         For the Commission of the European Communities                    For the Government of the Republic of Kazakhstan
         Per la Commissione delle Comunità europee                         Per il governo della Repubblica di Kazakistan
         Voor de Commissie van de Europese Gemeenschappen                  Voor de regering van de Republiek Kazachstan
         Pela Comissão das Comunidades Europeias                           Pelo Governo da República do Cazaquistão
         På Europeiska gemenskapernas kommissions vägnar                   På Republiken Kazakstans regerings vägnar
         Roderick ABBOTT                                                   Mazhit YESSENBAEV
 ---pagebreak--- 19.8.2002        EN                             Official Journal of the European Communities L 222/25
                                                                    ANNEX I
                                                                KAZAKHSTAN
          SA. FLAT-ROLLED PRODUCTS                                        7209 17 90
                                                                          7209 18 10
                                                                          7209 18 91
          SA1. Coils                                                      7209 18 99
                                                                          7209 25 00
          7208 10 00                                                      7209 26 10
          7208 25 00                                                      7209 26 90
          7208 26 00                                                      7209 27 10
          7208 27 00                                                      7209 27 90
          7208 36 00                                                      7209 28 10
          7208 37 90                                                      7209 28 90
          7208 38 90                                                      7209 90 10
          7208 39 90
                                                                          7210 11 10
          7211 14 10                                                      7210 12 11
          7211 19 20                                                      7210 12 19
                                                                          7210 20 10
          7219 11 00                                                      7210 30 10
          7219 12 10                                                      7210 41 10
          7219 12 90                                                      7210 49 10
          7219 13 10                                                      7210 50 10
          7219 13 90                                                      7210 61 10
          7219 14 10                                                      7210 69 10
          7219 14 90                                                      7210 70 31
                                                                          7210 70 39
          7225 20 20                                                      7210 90 31
          7225 30 00                                                      7210 90 33
                                                                          7210 90 38
          SA1a. Hot rolled coils for re-rolling                           7211 14 90
                                                                          7211 19 90
          7208 37 10                                                      7211 23 10
          7208 38 10                                                      7211 23 51
          7208 39 10                                                      7211 29 20
                                                                          7211 90 11
          SA2. Heavy plate                                                7212 10 10
                                                                          7212 10 91
          7208 40 10                                                      7212 20 11
          7208 51 10                                                      7212 30 11
          7208 51 30                                                      7212 40 10
          7208 51 50                                                      7212 40 91
          7208 51 91                                                      7212 50 31
          7208 51 99                                                      7212 50 51
          7208 52 10                                                      7212 60 11
          7208 52 91                                                      7212 60 91
          7208 52 99
          7208 53 10                                                      7219 21 10
                                                                          7219 21 90
          7211 13 00                                                      7219 22 10
                                                                          7219 22 90
                                                                          7219 23 00
          SA3. Other flat rolled products                                 7219 24 00
                                                                          7219 31 00
          7208 40 90                                                      7219 32 10
          7208 53 90                                                      7219 32 90
          7208 54 10                                                      7219 33 10
          7208 54 90                                                      7219 33 90
          7208 90 10                                                      7219 34 10
                                                                          7219 34 90
          7209 15 00                                                      7219 35 10
          7209 16 10                                                      7219 35 90
          7209 16 90
          7209 17 10                                                      7225 40 80
 ---pagebreak--- L 222/26        EN                  Official Journal of the European Communities                 19.8.2002
                                                        ANNEX II
                                                QUANTITATIVE LIMITS
                                                                                        (tonnes)
                           Products                     2002              2003    2004
         SA.   Flat products
         SA1.  Coils                                  50 000             50 000  50 000
         SA1a. Coils for re-rolling                     5 000             5 000   5 000
         SA2.  Heavy plate                                  0                  0      0
         SA3.  Other flat products                    53 000             55 700  58 500
 ---pagebreak--- 19.8.2002        EN             Official Journal of the European Communities                   L 222/27
                                                   ANNEX III
                                 PRODUCTS REFERRED TO IN ARTICLE 11
          7201 10 11 7208 25 00        7210 20 10         7214 91 90     7219 23 00 7225 40 80
          7201 10 19 7208 26 00        7210 30 10         7214 99 10     7219 24 00 7225 50 00
          7201 10 30 7208 27 00        7210 41 10         7214 99 31     7219 31 00 7225 91 10
          7201 10 90 7208 36 00        7210 49 10         7214 99 39     7219 32 10 7225 92 10
          7201 50 10 7208 37 10        7210 50 10         7214 99 50     7219 32 90 7225 99 10
          7201 50 90 7208 37 90        7210 61 10         7214 99 61     7219 33 10 7226 11 10
          7202 11 20 7208 38 10        7210 69 10         7214 99 69     7219 33 90 7226 19 10
          7202 11 80 7208 38 90        7210 70 31         7214 99 80     7219 34 10 7226 19 30
          7202 99 11 7208 39 10        7210 70 39         7214 99 90     7219 34 90 7226 20 20
          7203 10 00 7208 39 90        7210 90 31         7215 90 10     7219 35 10 7226 91 10
          7203 90 00 7208 40 10        7210 90 33         7216 10 00     7219 35 90 7226 91 90
          7204 10 00 7208 40 90        7210 90 38         7216 21 00     7219 90 10 7226 92 10
          7204 21 10 7208 51 10        7211 13 00         7216 22 00     7220 11 00 7226 93 20
          7204 21 90 7208 51 30        7211 14 10         7216 31 11     7220 12 00 7226 94 20
          7204 29 00 7208 51 50        7211 14 90         7216 31 19     7220 20 10 7226 99 20
          7204 30 00 7208 51 91        7211 19 20         7216 31 91     7220 90 11 7227 10 00
          7204 41 10 7208 51 99        7211 19 90         7216 31 99     7220 90 31 7227 20 00
          7204 41 91 7208 52 10        7211 23 10         7216 32 11     7221 00 10 7227 90 10
          7204 41 99 7208 52 91        7211 23 51         7216 32 19     7221 00 90 7227 90 50
          7204 49 10 7208 52 99        7211 29 20         7216 32 91     7222 11 11 7227 90 95
          7204 49 30 7208 53 10        7211 90 11         7216 32 99     7222 11 19 7228 10 10
          7204 49 91 7208 53 90        7212 10 10         7216 33 10     7222 11 21 7228 10 30
          7204 49 99 7208 54 10        7212 10 91         7216 33 90     7222 11 29 7228 20 11
          7204 50 10 7208 54 90        7212 20 11         7216 40 10     7222 11 91 7228 20 19
          7204 50 90 7208 90 10        7212 30 11         7216 40 90     7222 11 99 7228 30 20
          7206 10 00 7209 15 00        7212 40 10         7216 50 10     7222 19 10 7228 30 41
          7206 90 00 7209 16 10        7212 40 91         7216 50 91     7222 19 90 7228 30 49
          7207 11 11 7209 16 90        7212 50 31         7216 50 99     7222 30 10 7228 30 61
          7207 11 14 7209 17 10        7212 50 51         7216 99 10     7222 40 10 7228 30 69
          7207 11 16 7209 17 90        7212 60 11         7218 91 11     7222 40 30 7228 30 70
          7207 12 10 7209 18 10        7212 60 91         7218 91 19     7224 10 00 7228 30 89
          7207 19 11 7209 18 91        7213 10 00         7218 99 11     7224 90 01 7228 60 10
          7207 19 14 7209 18 99        7213 20 00         7218 99 20     7224 90 05 7228 70 10
          7207 19 16 7209 25 00        7213 91 10         7219 11 00     7224 90 08 7228 70 31
          7207 19 31 7209 26 10        7213 91 20         7219 12 10     7224 90 15 7228 80 10
          7207 20 11 7209 26 90        7213 91 41         7219 12 90     7224 90 31 7228 80 90
          7207 20 15 7209 27 10        7213 91 49         7219 13 10     7224 90 39 7301 10 00
          7207 20 17 7209 27 90        7213 91 70         7219 13 90     7225 11 00 7302 10 31
          7207 20 32 7209 28 10        7213 91 90         7219 14 10     7225 19 10 7302 10 39
          7207 20 51 7209 28 90        7213 99 10         7219 14 90     7225 19 90 7302 10 90
          7207 20 55 7209 90 10        7213 99 90         7219 21 10     7225 20 20 7302 20 00
          7207 20 57 7210 11 10        7214 20 00         7219 21 90     7225 30 00 7302 40 10
          7207 20 71 7210 12 11        7214 30 00         7219 22 10     7225 40 20 7302 90 10
          7208 10 00 7210 12 19        7214 91 10         7219 22 90     7225 40 50
 ---pagebreak--- L 222/28         EN                      Official Journal of the European Communities                             19.8.2002
                                                         Agreed minute
         In 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.
 ---pagebreak--- 19.8.2002             EN                      Official Journal of the European Communities                                         L 222/29
                                                              PROTOCOL A
                              TITLE I                                                                  TITLE II
                                                                                                       ORIGIN
                        CLASSIFICATION
                                                                                                       Article 2
                             Article 1                                   1.     Products originating in Kazakhstan according to the
                                                                         Community Regulations in force for export to the Community
                                                                         in accordance with the arrangements established by the
1.      The competent authorities of the Community undertake             Agreement shall be accompanied by a certificate of Kazakh
to inform Kazakhstan of any changes in the Combined                      origin conforming to the model annexed to this Protocol.
Nomenclature (CN) in respect of products covered by the
Agreement before the date of their entry into force in the               2.     The certificate of origin shall be certified by the Kazakh
Community.                                                               organisations authorised for such purposes under Kazakh
                                                                         legislation as to whether the products in question can be
                                                                         considered as products originating in Kazakhstan.
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                                        Article 3
the Agreement within one month of their adoption at the
latest.                                                                  The 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
Such a description shall include:                                        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
(a) a description of the products concerned,                             necessary documentary evidence or carry out any check which
                                                                         they consider appropriate.
(b) the relevant CN codes,
                                                                                                       Article 4
(c) the reasons which have led to the decision.                          The 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
3.      Where a decision on classification results in a change of        carrying out the formalities for importing the products shall
classification practice of any product covered by the                    not ipso facto cast doubt upon the statements in the
Agreement, the competent authorities of the Community shall              certificate.
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                                           TITLE III
shall remain subject to the earlier classification practice,
provided that the goods in question are presented for                      DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO
                                                                                               QUANTITATIVE LIMITS
importation into the Community within 60 days of that date.
4.      Where a Community decision on classification resulting                                        SECTION I
in a change of classification practice of any product covered by
the Agreement affects a category subject to quantitative limits,                                    Exportation
the Parties agree to enter into consultations in accordance with
the procedures described in Article 9(3) of the Agreement with                                         Article 5
a view to honouring the obligation contained in Article 7(1) of
the Agreement.                                                           The 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
5.      In case of divergent opinions between the competent              the quantitative limits set out in Annex II of the Agreement.
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                                        Article 6
based on indications provided by the Community, pending
consultations in accordance with Article 9 with a view to                1.     The export licence shall conform to the model annexed
reaching agreement on the definitive classification of the               to this Protocol and it shall be valid for exports throughout the
products concerned.                                                      customs territory of the Community.
 ---pagebreak--- L 222/30              EN                     Official Journal of the European Communities                                       19.8.2002
2.    Each export licence must certify inter alia that the              2.     The import authorisations shall be valid for four months
quantity of the product in question has been set off against the        from the date of their issue for imports throughout the
relevant quantitative limit established for the product                 customs territory of the Community.
concerned in Annex II of the Agreement.
                                                                        3.     The competent authorities of the Community shall cancel
                                                                        the import authorisation already issued whenever the
                              Article 7                                 corresponding export licence has been withdrawn. However, if
                                                                        the competent authorities of the Community are notified of
The competent authorities of the Community must be                      the withdrawal or the cancellation of the export licence only
informed immediately of the withdrawal or modification of               after the release for free circulation of the products into the
any export licence already issued.                                      Community, the relevant quantities shall be set off against the
                                                                        limits established for the product.
                              Article 8
                                                                                                     Article 12
1.    Exports shall be set off against the quantitative limits
established for the year in which the shipment of goods has
                                                                        If the competent authorities of the Community find that the
been effected even if the export licence is issued after such
                                                                        total quantities covered by export licences issued by the
shipment.
                                                                        competent authorities of Kazakhstan exceed the relevant
                                                                        quantitative limit established for products covered by Annex II
2.    For the purposes of applying paragraph 1, shipment of             of the Agreement the Community authorities shall suspend the
goods is considered to have taken place on the date of their            further issue of import authorisations in respect of products
loading onto the exporting transport.                                   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
                              Article 9                                 consultations pursuant to Article 9(2) of the Agreement shall
                                                                        be initiated.
The 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                                        TITLE IV
been shipped.
                                                                             FORM AND PRODUCTION OF EXPORT LICENCES AND
                                                                            CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS
                                                                                  CONCERNING EXPORTS TO THE COMMUNITY
                             SECTION II
                           Importation                                                               Article 13
                             Article 10                                 1.     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
1.    Steel products originating in Kazakhstan, covered by a            must be in ink and in printed script.
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               These documents shall measure 210 × 297 mm. The paper
Agreement shall be admitted within the limits applicable for            used shall be white writing paper, sized, not containing
the period from 1 January 2002 to 31 December 2002.                     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
2.    The release for free circulation into the Community of            background. This copy shall be clearly marked original and
steel products subject to quantitative limits shall be subject to       the other copies copies. Only the original shall be accepted by
the presentation of an import authorisation.                            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.
                             Article 11
                                                                        2.     Each document shall bear a standardised serial number,
1.    The competent authorities of the Community shall issue            whether or not printed, by which it can be identified.
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             This number shall be composed of the following elements:
competent authorities is annexed to this Protocol.
                                                                         two letters identifying the           exporting    country   as
(1) OJ L 345, 29.12.2001, p. 78.                                             follows: KZ = Kazakhstan,
 ---pagebreak--- 19.8.2002              EN                     Official Journal of the European Communities                                         L 222/31
 two letters identifying the intended Member State of                   to be made out on the basis of the export documents in his
    customs clearance as follows:                                        possession. The duplicate of any such certificate or licence so
                                                                         issued shall bear the endorsement duplicate.
     BE = Belgium
                                                                         2.     The duplicate shall bear the date of the original export
     DK = Denmark                                                       licence or certificate of origin.
     DE = Germany
     EL = Greece                                                                                       TITLE V
     ES = Spain                                                                         ADMINISTRATIVE COOPERATION
     FR = France
                                                                                                       Article 16
     IE = Ireland
                                                                         The Parties shall cooperate closely in the implementation of
     IT = Italy                                                         the provisions of this Protocol. To this end, contacts and
                                                                         exchanges of views, including on technical matters, shall be
     LU = Luxembourg                                                    facilitated by both Parties.
     NL = Netherlands
                                                                                                       Article 17
     AT = Austria
                                                                         In order to ensure the correct application of this Protocol, the
     PT = Portugal                                                      Parties shall offer mutual assistance for the checking of the
                                                                         authenticity and the accuracy of export licences and certificates
     FI = Finland                                                       of origin issued or of any declarations made within the terms
                                                                         of this Protocol.
     SE = Sweden
     GB = United Kingdom,                                                                             Article 18
 a one-digit number identifying the year in question                    Kazakhstan shall send the Commission of the European
    corresponding to the last figure in the year, e.g. 2 for           Communities the names and addresses of the competent
    2002,                                                                Kazakh authorities which are authorised to issue and to verify
                                                                         export licences and certificates of origin together with
 a two-digit number from 01 to 99, identifying the                      specimens of the stamps and signatures they use. Kazakhstan
    particular issuing office concerned in exporting country,            shall also notify the Commission of any change in this
                                                                         information.
 a five-digit number running consecutively from 00001 to
    99999 allocated to the intended Member State of customs
    clearance.                                                                                         Article 19
                                                                         1.     Subsequent verification of certificates of origin or export
                             Article 14                                  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
The export licence and the certificate of origin may be issued           accuracy of the information regarding the true origin of the
after the shipment of the products to which they relate. In              products in question.
such cases, they must bear the endorsement issued
retrospectively.
                                                                         2.     In such cases, the competent authorities in the
                                                                         Community shall return the certificate of origin or the export
                             Article 15                                  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,
1.    In the event of the theft, loss or destruction of an export        such invoice or a copy thereof shall be attached to the
licence or a certificate of origin, the exporter may apply to the        certificate or to the licence or their copies. The authorities
Kazakh governmental authorities competent to issue licences              shall also forward any information that has been obtained
or to the Kazakh organisations authorised to issue certificates          suggesting that the particulars given on the said certificate or
of origin under Kazakh legislation, respectively, for a duplicate        licence are inaccurate.
 ---pagebreak--- L 222/32              EN                      Official Journal of the European Communities                                     19.8.2002
3.    The provisions of paragraph 1 above shall also apply to            2.    To this end, the appropriate Kazakh authorities shall, on
subsequent verifications of the certificates of origin provided          their own initiative or at the request of the Community, carry
for in Article 2 of this Protocol.                                       out appropriate inquiries, or arrange for such inquiries to be
                                                                         carried out, concerning operations which are, or appear to the
4.    The results of the subsequent verifications carried out in         Community to be, in circumvention or infringement of this
accordance with paragraphs 1 and 2 above shall be                        Protocol. Kazakhstan shall communicate the results of these
communicated to the competent authorities of the Community               inquiries to the Community, including any other pertinent
within three months at the latest. The information                       information enabling the cause of the circumvention or
communicated shall indicate whether the disputed certificate,            infringement, including the true origin of the goods to be
licence or declaration, applies to the goods actually exported           determined.
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,            3.    By agreement between the Parties, officials designated by
and in particular the true origin of the goods.                          the Community may be present at the inquiries referred to in
                                                                         paragraph 2 above.
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.                                           4.    In pursuance of the cooperation referred to in paragraph
                                                                         1 above, the competent authorities of the Community and
5.    For the purpose of subsequent verification of certificates         Kazakhstan shall exchange any information considered by
of origin, copies of the certificates as well as any export              either Party to be of use in preventing circumvention or
documents referring to them shall be kept by the appropriate             infringement of the provisions of the Agreement. These
Kazakh authorities for at least one year following the end of            exchanges may include information on the trade in the type of
the Agreement.                                                           products covered by the Agreement between Kazakhstan and
                                                                         third countries, particularly where the Community has
6.    Recourse to the random verification procedure specified            reasonable grounds to consider that the products in question
in this Article must not constitute an obstacle to the release           may be in transit across the territory of Kazakhstan prior to
for free circulation of the products in question.                        their importation into the Community. This information may
                                                                         include at the request of the Community copies of all relevant
                             Article 20                                  documentation, where available.
1.    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                5.    Where sufficient evidence shows that the provisions of
indicate that the provisions of the Agreement are being                  this Protocol have been circumvented or infringed, the
circumvented or infringed, the two Parties shall cooperate               competent authorities of Kazakhstan and the Community may
closely and with the appropriate urgency in order to prevent             agree to take any measures as are necessary to prevent a
any such circumvention or infringement.                                  recurrence of such circumvention or infringement.
 ---pagebreak--- 19.8.2002 EN Official Journal of the European Communities L 222/33 ---pagebreak--- L 222/34 EN Official Journal of the European Communities 19.8.2002 ---pagebreak--- 19.8.2002 EN Official Journal of the European Communities L 222/35 ---pagebreak--- L 222/36 EN Official Journal of the European Communities 19.8.2002 ---pagebreak--- 19.8.2002                EN                    Official Journal of the European Communities                                          L 222/37
                                       LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
                                         LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
                                     LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
                                     DIETHTMREIR SXM AQVXM EJDORGR ADEIXM SXM JQASXM LEKXM
                                           LIST OF THE COMPETENT NATIONAL AUTHORITIES
                                           LISTE DES AUTORITÉS 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 MYNDIGHETER
BELGIQUE/BELGIË                                                           ITALIA
Ministère des affaires économiques                                        Ministero delle Attività produttive
Administration des relations économiques                                  Direzione generale per la Politica commerciale e per la gestione del
Services licences                                                         regime degli scambi
Rue Général Leman 60                                                      Viale America, 341
B-1040 Bruxelles                                                          I-00144 Roma
Fax: (32-2) 230 83 22                                                     Fax: (39-06) 59 93 22 35/59 93 26 36
Ministerie van Economische Zaken                                          LUXEMBOURG
Bestuur van de Economische Betrekkingen                                   Ministère des affaires étrangères
Dienst Vergunningen                                                       Office des licences
Generaal Lemanstraat 60                                                   BP 113
B-1040 Brussel                                                            L-2011 Luxembourg
Fax: (32-2) 230 83 22                                                     Fax: (352) 46 61 38
DANMARK                                                                   NEDERLAND
Erhvervsfremme Styrelsen                                                  Belastingdienst/Douane centrale dienst voor in- en uitvoer
Økonomi- og Erhvervsministeriet                                           Postbus 30003, Engelse Kamp 2
Vejlsøvej 29                                                              9700 RD Groningen
DK-8600 Silkeborg                                                         Nederland
Fax (45) 35 45 64 01                                                      Fax: (31) 505 26 06 98
                                                                          m.i.v. 18.1.2002
DEUTSCHLAND                                                               Fax: + (31) 505 23 23 41
Bundesamt für Wirtschaft und Ausfuhrkontrolle, (BAFA)                     ÖSTERREICH
Frankfurter Straße 29-35                                                  Bundesministerium für Wirtschaft und Arbeit
D-65760 Eschborn 1                                                        Außenwirtschaftsadministration
Fax: (49-6196) 942 26                                                     Landstrasser Hauptstraße 55-57
                                                                          A-1030 Wien
EKKAR                                                                     Fax: + 43-1-711 00/8386
Tpotqceßo EhmijÞy Oijomolßay
CemijÞ Cqallaseßa Diehmþm RvÝrexm                                         PORTUGAL
Dieýhtmrg Diehmþm Oijomolijþm Qoþm                                        Ministério da Economia
JoqmÜqot 1                                                                Direcção-Geral das Relações Económicas Internacionais
GR-105 63 AhÞma                                                           Alfândega de Lisboa, Largo do Terreiro do Trigo
Fax: (30 10) 328 60 94                                                    P-1100 Lisboa
                                                                          Fax: (351-21) 881 42 61
ESPAÑA
                                                                          SUOMI
Ministerio de Economía
Dirección General de Comercio Exterior                                    Tullihallitus
Paseo de la Castellana 162                                                PL 512
E-28046 Madrid                                                            FIN-00101 Helsinki
                                                                          Faksi: (358-9) 614 28 52
Fax: + (34) 915 63 18 23/913 49 38 31
                                                                          SVERIGE
FRANCE                                                                    Kommerskollegium
Setice                                                                    Box 6803
8, rue de la Tour-des-Dames                                               S-113 86 Stockholm
F-75436 Paris Cedex 09                                                    Fax: (46-8) 30 67 59
Fax: + (33) 155 07 46 69
                                                                          UNITED KINGDOM
IRELAND                                                                   Department of Trade and Industry
Department of Enterprise, Trade and Employment                            Import Licensing Branch
Import/ Export Licensing, Block C                                         Queensway House, West Precinct
Earlsfort Centre                                                          Billingham
Hatch Street                                                              Cleveland
Dublin 2                                                                  TS23 2NF
Ireland                                                                   United Kingdom
Fax: (353-1) 631 28 26                                                    Fax: (44) 1642 533 557