8.9.2005 Official Journal of the European Union L 232/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1440/2005 of 12 July 2005 on administering certain restrictions on imports of certain steel products from Ukraine and repealing Regulation (EC) No 2266/2004 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1) The Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine ("), hereinafter referred to as ‘the PCA’, entered into force on 1 March 1998. Article 22(1) of the PCA provides that trade in certain steel products shall be governed by Title III thereof, with the exception of Article 14 thereof, and by the provi- sions of an Agreement on quantitative arrangements. On 29 July 2005, the European Community and the Government of Ukraine concluded such an Agreement on trade in certain steel products (%), hereinafter referred to as ‘the Agreement’. It is necessary to provide the means for administering the terms of the Agreement within the Community, taking into account the experience gained from previous Agreements concerning a similar regime. It is appropriate to classify the products in question on the basis of the combined nomenclature (CN) established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (*). It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to that end. The effective application of the Agreement requires the introduction of a requirement of a Community import authorisation for entry into free circulation in the Com- munity of the products in question together with a () OJ L 49,19.2.1998, p. 3. () See page 43 of this Official Journal. () OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (O] L 82, 31.3.2005, p. 1). (11) system for administering the granting of such Com- munity import authorisations. Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question. In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States will not issue import authorisations before obtaining prior confirmation from the Commis- sion that appropriate amounts remain available within the quantitative limit in question. The Agreement provides for a system of cooperation between Ukraine and the Community with the aim of preventing circumvention by means of transhipment, rerouting or other means. A consultation procedure should be established under which an agreement can be reached with the country concerned on an equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has been circumvented. Ukraine has agreed to take the necessary measures to ensure that any adjustments could be rapidly applied. In the absence of agreement within the time limit provided, the Community should, where there is clear evidence of circumvention, have the possibility to apply the equiva- lent adjustment. From 1 January 2005 imports into the Community of products covered by this Regulation have been subjected to a licence pursuant to Council Regulation (EC) No 2266/2004 of 20 December 2004 on trade in certain steel products between the Community and Ukraine (4. The Agreement provides that those imports are to be counted against the limits established for 2005 in this Regulation. () OJ L 395, 31.12.2004, p. 20.