Proposal for a COUNCIL REGULATION (EC) concerning the export of certain ECSC and EC steel products from the Former Yugoslav Republic of Macedonia to the European Community (double-checking system)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11. 10. 1996 COM(96) 490 final 96/0245 (ACC) Proposal for a COUNCIL REGULATION (EC) concerning the export of certain ECSC and EC steel products from the Former Yugoslav Republic of Macedonia to the European Community (double-checking system) (presented by the Commission) EXPLANATORY MEMORANDUM 1. On 22 December 1995, the Council authorized the Commission to open negotiations with the Former Yugoslav Republic of Macedonia with a view to concluding a Cooperation Agreement, a Protocol on Financial Cooperation and an agreement in the Field of Transport. On the basis of these negotiating directives, negotiations started on 28 March 1996. 2. On 19 June 1996, the Commission and the Former Yugoslav Republic of Macedonia reached agreement on the texts of a Cooperation Agreement (including Protocols on additional trade arrangements for certain iron and steel products, financial cooperation and rules of origin) and an Agreement in the Field of Transport. 3. The Protocol on additional trade arrangements for certain iron and steel products establishes, inter alia, a double-checking system without quantitative limits so as to improve transparency and to avoid possible diversions of trade. The Community already operates similar double-checking systems with Romania, Bulgaria, the Czech and Slovak Republics. 4. The Commission is submitting proposals to the Council for the conclusion of the Cooperation Agreement and its Protocols and of the Agreement in the Field of Transport. In addition, the Commission invites the Council to adopt the attached draft Council Regulation which is necessary for the Community and its Member States to implement the double-checking system for certain steel products. COUNCIL REGULATION (EC) N° # of. concerning the export of certain ECSC and EC steel products from the Former Yugoslav Republic of Macedonia to the European Community (double-checking system) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas a Cooperation Agreement between the European Community and the Former Yugoslav Republic of Macedonia entered into force on #; Whereas the Parties agreed in the protocol to the Agreement concerning additional trade arrangements for certain iron and steel products to establish a double-checking system, without quantitative limits, for the import into the Community of steel products originating in the Former Yugoslav Republic of Macedonia, HAS ADOPTED THIS REGULATION: Article 1 1. From the date of entry into force of the Cooperation Agreement until further notice, in accordance with the provisions of the protocol on additional trade arrangements for into the Community of certain iron and steel certain iron and steel products, imports products covered by the ECSC and EC Treaties originating in the Former Yugoslav Republic of Macedonia, as listed in Annex I, shall be subject to the presentation of a surveillance document issued by the authorities in the Community. 2. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of 'combined nomenclature', or in abbreviated form 'CN'). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in thé Community. (hereinafter called the Community the ^OJN0!- 3. From the date of entry into force of the Cooperation Agreement until further notice, imports into the Community of the products originating in the Former Yugoslav Republic of Macedonia listed in Annex I shall, in addition, be subject to the issue of an export document issued by the competent authorities of the exporting country. Presentation by the importer of the original of the export document must be effected not later than 31 March of the year following that in which the goods covered by the document were shipped. 4. An export document will not be required for goods originating in the Former Yugoslav Republic of Macedonia already shipped to the Community before the date of entry into force of the Cooperation Agreement, provided that the destination of such products is not changed from a non-Community destination and that those products which, under the prior surveillance regime in force at the time, may be put into free circulation only on presentation of a surveillance document are in fact accompanied by such a document. 5. Shipment is considered to have taken place on the date of loading onto the exporting means of transport. 6. The export document shall conform to the model shown in Annex H. It shall be valid for exports throughout the customs territory of the Community. Article 2 1. The surveillance document referred to in Article 1 (1) shall be issued automatically by the competent authority in the Member States, without charge for any quantities requested, within five working days of presentation of an application by any Community importer, wherever established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise. 2. A surveillance document issued by one of the competent national authorities listed in Annex III shall be valid throughout the Community. 3. The surveillance document shall be made out on a form corresponding to the model set out in Annex IV. The importer's application shall include the following elements: (a) the name and full address of the applicant (including telephone and telefax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT; (b) if applicable, the name and full address of the declarant or representative of the applicant (including telephone and telefax numbers); (c) the full name and address of the exporter; (d) the exact description of the goods, including - their trade name, - the combined nomenclature (CN) code(s), - the country of origin, - the country of consignment; (e) the net weight, expressed in kg and also quantity in the unit prescribed where other than net weight, by combined nomenclature heading; (f) the cif value of the goods in ECU at the Community frontier by combined nomenclature heading; (g) whether the products concerned are seconds or of substandard quality (1); (h) the proposed period and place of customs clearance; (i) whether the application is a repeat of a previous application concerning the same contract; (j) the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: 'I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community'. y • The importer shall also submit a copy of the contract of sale or purchase, the pro forma invoice and/or, in cases where the goods are not directly purchased in the country of production, a certificate of production issued by the producing steel mill. 4. Surveillance documents may be used only for such time as arrangements for liberalization of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in force or decisions taken in the framework of an agreement or the management of a quota: - the period of validity of the surveillance document is hereby fixed at four months, - unused or partly used surveillance documents may be renewed for an equal period. (') Under the crireria given in Commission communication concerning identification criteria of non-prime steel products from third countries applied by customs services of Member States (OJ No C 180, 11. 7. 1991, p. 4). Article 3 1. A finding that the unit price at which the transaction is effected exceeds that indicated in the surveillance document by less than 5 % or that the total value or quantity of the products presented for import exceeds the value or quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the products in question. 2. Applications for surveillance documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant. Article 4 1. Within the first 10 days of each month, the Member States shall communicate to the Commission: (a) details of the quantities and values (calculated in ecus) for which surveillance documents were issued during the preceding month; (b) details of imports during the month preceding the month referred to in subparagraph (a). The information provided by Member States shall be broken down by product, CN code and by country. It shall be communicated electronically in the form a^eed for this purpose. 2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document. Article 5 Any notices to be given hereunder shall be given to the Commission of the European Communities (DG I. D. 2 and DG m. C. 2). Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from # 1997. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the Council The President ANNEXI Former Yugoslav Republic of Macedonia List of products subject to double-checking Complete CN heading 7208 Complete CN heading 7209 Complete CN heading 7210 Complete CN heading 7211 Complete CN heading 7212 Complete CN heading 7303 Complete CN heading 7304 Complete CN heading 7305 Complete CN heading 7306 Former Yugoslav Republic of Macedonia Export Document 1. Exporter (name, full address, country) ORIGINAL 2. No. 3. Year 4. Product group EXPORT DOCUMENT (ECSC products) 5. Consignee (name, full address, country) 6. Country of origin 7. Country of destination 8. Place and date of shipment - Means of transport 9. Supplementary details 10. Description of goods - Manufacturer 11. CNcode 12. Quantity 0) 13. FOB Value (*) £1 o c 38 •o £ C M « «* •S: ® g£ 2H 2 c Î g> <E D c o %l 5>E 14. CERTIFICATION BY THE COMPETENT AUTHORITY 15. Competent authority (name, full address, country) At on (Signature) (Stamp) t 1. Exporter (name, full address, country) COPY 2. No. 3. Year 4. Product group EXPORT DOCUMENT (ECSC products) 5. Consignee (name, full address, country) 6. Country of origin 7. Country of destination 8. Place and date of shipment - Means of transport 9. Supplementary details 10. Description of goods - Manufacturer 11. CNcode 12. Quantity (1) 13. FOB Value (2) 5 Q> o S 14. CERTIFICATION BY THE COMPETENT AUTHORITY 15. Competent authority (name, full address, country) At on , (Signature) (S >tamp) ANNEX III LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER LISTE DER ZUSTANDIGEN BEHORDEN DER MITGLIEDSTAATEN AIEYeYNEElï TON APXÎÎN EKAOIHI AAElftN TON KPATON MEAQN 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 LISTA ÔVER KOMPETENTA NATIONELLA MYNDIGHETER BELGIQUE/BELGIË Administration des relations économiques Quatrième division: mise en œuvre des politiques commerciales internationales — Services 'Licences' Rue Général Léman 60 B-1040 Bruxelles Télécopieur: (32 2) 230 83 22 Bestuur van de Economische Betrekkingcn Vierdc Afdeling: Toepassing van het Inrernationaal Handels- beleid — Dienst Vergunningen Generaal Lemanstraat 60 B-1040 Brussel Fax: (32-2) 230 83 22 DANMARK Erhvervsfremme Styrelsen Sondergade 25 DK-8600 Silkeborg Fax (45) 87 20 40 77 DEUTSCHLAND Bundcsamt fiir Wirtschaft, Dienst 01 Postfach 5171 D-65762 Eschborn 1 Fax: (49) (61 96) 40 42 12 EAAAAA Yjiouoyeio EGvixi'jç Oixovouiaç revixi'i reaunaTeia A02 Ai£Û0vvor| Aiaôixaoïwv E£a)TEQixoi< EuJtooîou KoçvâQou 1 GR-105 63 Aenva Téteq>a|: (30-1) 328 60 29/328 60 59/328 60 39 «FRANCE SERIBE 3-5 rue Barbet-de-Jouy F-75357 Paris 07 SP Fax: (33 I) 43 19 43 69>. IRELAND Licensing Unit Department of Tourism and Trade Kildare Street IRL-Dublin 2 Fax: (353 1) 676 61 54 ITALIA Ministero per il Commercio estero D. G. Import-export, Division V Viale Boston 1-00144 Roma Fax: (39-6) 59 93 26 36/59 93 26 37 LUXEMBOURG Ministère des affaires étrangères Office des Licences Boîte postale 113 L-2011 Luxembourg Télécopieur: (352) 46 61 38 NEDERLAND Centrale Dienst voor In- en Uitvoer Postbus 30. 003,-Engelse Kamp 2 NL-9700 RD Groningen Fax: (31-50) 526 06 98 ESPANA ÔSTERREICH Ministerio de Comercio y Turismo Direcciôn General de Comercio Exterior Paseo de la Castellana, 162 E-28046 Madrid Fax: (34 1) 563 18 23 Bundesministeritim fur wirtschaftliche Angelegcnheiten Au(?enwirtschaftsadministration Landstrasser HauptstraBe 55—57 A-1030 Wien Fax: (43-1) 715 83 47 fo PORTUGAL Direcçâo-Gera! do Comercio Avenida da Republics, 79 P-1000 Lisboa Telefax: (351-1) 793 22 10 SUOMI Tuiiihallitus PL -512 FIN-00101 Helsinki Fax: +358 0 614 2852 SVERIGE Kommerskol/egium Box 1209 S - l ll 82 Stockholm Fax: +46 8 20 03 24 UNITED KINGDOM Department of Trade and industry Import Licensing Branch Queensway House — West Precinct Billingham, Cleveland UK-TS23 2NF Fax (44 1642) 533 557 M ANNEX IV Surveillance Document EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT 1. Consignee (name, full address, country, VAT number) 2. Issue number 3. Proposed place and date of import 4. Authority responsible for issue (name, address and telephone No) 5. Declarant/representative as applicable (name and full address) 6. Country of origin (and geonomencfature code) \ 7. Country of consignment (and geonomendature code) 8. Last day of validity 9. Description of goods 10. CN code and category 1 >. a o o « o X 1 11. Quantity In kHograms (net mass) or in additional units 12. Value in ecus, df at Community frontier 13. Additional remarks 14. Competent authority's endorsement \ V : - «* ! = \ t ! | i i 15. ATTRIBUTIONS Indicate the quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof. 16. Net quantity (net mass or other unit of measure stating the unit) 19: Customs document (form and number) or extract No and date of attribution 20. Mama, Member State, stamp arscf signature of tree attributing authority 17. In figures 18. In words for the quantity attributed 1 2 1 2 1 2 1 2 1 2 1 2 1 2 Extension pages to be attached hereto. è - - < EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT 1. Consignee (name, full address, country, VAT number) 2. Issue number 3. Proposed plaça and data of Import 4. Authority responsible for issue (name, address and telephone No) 5. Declarant/representative as applicable (name and full address) 6. Country of origin (and geonomendature code) 7. Country of consignment (and geonomendature code) 8. Last day of validity 9. Description of goods 10. CN coda and category 11. Quantity in kHograms (nat mass) or. In additional units 12. Value In ecus, elf at Community frontier 13. Additional remarks 14. Competent authority's endorsement Date: Signature: Stamp: 1* 15. ATTRIBUTIONS Indicate thé quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof. 16. Net quantity (net mass or other unit of measure stating the unit) 19. Customs document (form and number) or extract No and date of attribution 20. Name, Member State, stamp and signature of the attributing authority 17. In figures 18. In words for the quantity attributed 1 2 -1 2 1 2 1 2 1 2 1 2 1 2 ' Extension pages to be attached hereto. AS • -, - y - ' • ; ••. - "" • '. '. •• -. ' ISSN 0254-1475 COM(96) 490 final DOCUMENTS EN 11 02 Catalogue number : CB-CO-96-498-EN-C ISBN 92-78-09882-5 Office for Official Publications of the European Communities L-2985 Luxembourg ho