Proposal for a Council Regulation on administering the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Kazakhstan to the European Union
I/222-EN-02-04 COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 09. 12. 1999 COM(1999)555 final 1999/0227 (ACC) Proposal for a COUNCIL REGULATION on administering the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Kazakhstan to the European Union (presented by the Commission) EXPLANATORY MEMORANDUM The Community’s Partnership and Cooperation Agreement with Kazakhstan provides for agreements on quantitative arrangements concerning exchanges of ECSC steel products. On 19 July 1999, Kazakh and Commission negotiators concluded lengthy is intended to negotiations on the attached proposal. The new ECSC agreement establish a structured framework for, on the one hand, progressive liberalisation of trade in steel products and, on the other hand, progressive adaptation of Kazakhstan’s steel sector to normal competitive conditions, particularly in the areas of competition policy, state aid and environmental protection. The new ECSC agreement covers the period 2000-2001. It contains provisions for reviewing Kazakhstan’s progress towards fulfilling the conditions for complete liberalisation. There is also a review clause in the event that Kazakhstan joins the WTO during the period covered by the agreement. During the negotiations on the new ECSC steel Agreement, the Parties agreed to establish a double-checking system without quantitative limitations in order to monitor the trade in certain EC and ECSC Treaty steel products which fall outside the scope of the ECSC Agreement. The aim of the double-checking system is to improve transparency and to avoid possible diversions of trade. It is without prejudice to the application of the relevant provisions of the agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures. The double-checking system should enter into force at the same time as the new ECSC steel agreement. It would apply for the period 2000-2001. It will be established by means of an Agreement in the form of an Exchange of Letters. 2 1999/0227 (ACC) Proposal for a COUNCIL REGULATION on administering the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Kazakhstan to the European Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission, (1) Whereas the Partnership and Cooperation Agreement between the Parties signed on 23 January 1995 has entered into force on 1 July 1999, (2) Whereas the situation relating to imports of certain steel products from the Republic of Kazkhstan into the Community has been the subject of thorough examination and whereas on the basis of relevant information supplied to them, the Parties have concluded an Agreement in the form of an Exchange of Letters1 which establishes a double-checking system without quantitative limits for the period between the date of entry into force of this Regulation and 31 December 2001, unless both Parties agree to terminate the system earlier, (3) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission2, they should be adopted by use of the management procedure provided for in Article 4 of that Decision. HAS ADOPTED THIS REGULATION: 1. 1 2 Article 1 For the period running from the date on which this Regulation enters into force to 31 December 2001, in accordance with the provisions of the above- mentioned Agreement in the form of an Exchange of Letters, imports into the See page. of this Official Journal. OJ L 184, 17. 7. 1999, p. 23. 3 2. 3. 4. 5. 6. 1. 2. Community of certain iron and steel products covered by the EC and ECSC Treaties originating in the Republic of Kazakhstan, as listed in Appendix I, shall be subject to the presentation of a surveillance document conforming to the model shown at Appendix II issued by the authorities in the Community. For the period running from the date on which this Regulation enters into force to 31 December 2001, imports into the Community of the iron and steel products originating in the Republic of Kazakhstan and listed in Appendix I shall, in addition, be subject to the issue of an export document issued by the competent Kazakh authorities. The export document shall conform to the model shown in Appendix III. It shall be valid for exports throughout the customs territory of the Community. 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. An export document will not be required for goods originating in the Republic of Kazakhstan already shipped before the date on which this Regulation enters into force, 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 applicable in 1997, could be imported only on presentation of a surveillance document are in fact accompanied by such a document. Shipment is considered to have taken place on the date of loading on to the exporting means of transport. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter called the '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 the Community. The competent authorities of the Community undertake to inform the Republic of Kazakhstan of any changes in the Combined Nomenclature (CN) in respect of products covered by this Agreement before their date of entry into force in the Community. Article 2 referred to in Article 1 shall be issued The surveillance document 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. A surveillance document issued by one of the competent national authorities listed in Appendix IV shall be valid throughout the Community. 4 3. The importer's application for a surveillance document shall include the following elements: (a) (b) 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; if applicable, representative of the applicant (including telephone and fax numbers); the name and full address of the declarant or (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) (f) the net weight, expressed in kg and also quantity in the unit prescribed where other than net weight, by combined nomenclature heading; the c. i. f. value of the goods in EUR at the Community frontier by combined nomenclature heading; (g) whether the products concerned are seconds or of substandard quality3; (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. ` 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. Surveillance documents may be used only for such time as arrangements for liberalisation of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in Under the criteria given in Commission communication concerning identification criteria of non-prime steel products from third countries applied by customs services of Member States (OJ C 180, 11. 7. 91, p. 4. ). 5 4. 3 force or decisions taken in the framework of an agreement or management of a quota: the – – 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. The importer shall return surveillance documents to the issuing authority at the end of their period of validity. Article 3 A finding that the unit price at which the transaction is effected exceeds that indicated in the import 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 import document by less than 5 % shall not preclude the release for free circulation of the products in question. Applications for import documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant. Article 4 Within the first 10 days of each month, communicate to the Commission: the Member States shall (a) (b) details of the quantities and values (calculated in documents were issued during the preceding month; € ) for which import 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. 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 an import document. 5. 1. 2. 1. 2. Article 5 Any notices to be given hereunder shall be given to the Commission of the European Communities and shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily. 6 Article 6 Committee The Commission shall be assisted by the committee instituted by Article 6 of 1. Council Regulation n° 1997/1526/EC of 28 June 19974. Where reference is made to this paragraph, the management procedure laid in compliance with 2. down in Article 4 of Decision 1999/468/EC shall apply, Article 7 (3) thereof. The period provided for in Article 4 (3) of Decision 1999/468/EC shall be 3. three months. Article 7 Final provisions Amendments to the Appendices which may be necessary to take into account modifications to the Annex or appendices attached to the Agreement in the Form of an Exchange of Letters between the European Community and the Republic of Kazakhstan, or amendments made to Community rules on statistics, customs arrangements, common rules for imports or import surveillance, shall be adopted in accordance with the procedure laid down in Article 6 (2). This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 4 OJ L 210, 04. 08. 1997, p. 1 7 APPENDIX I List of products subject to double-checking without quantitative limits Cold-rolled narrow strip of a width not exceeding 500mm Kazakhstan 7211 23 99 7211 29 50 7211 29 90 7211 90 90 Grain non-oriented electrical sheet 7211 23 91 7225 19 10 7225 19 90 7226 19 10 7226 19 30 7226 19 90 Grain-oriented electrical sheet 7226 11 90 8 APPENDIX II EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT 1 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) y p o c s ’ r e d l o H 1 5. Declarant/representative as applicable (name and full address) 6. Country of origin (and geonomenclature code) 7. Country of consignment (and geonomenclature code) 8. Last day of validity 9. Description of goods 10. CN code and category 11. Quantity in kilograms (net mass) or in additional units 12. Value in euros, cif at Community frontier 13. Additional remarks 14. Competent authority’s endorsement Date : Signature: Stamp: 9 15. ATTRIBUTIONS Indicate the quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof 20. Name, Member State, stamp and attributing the of signature authority 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 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 10 EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT 2 1. Consignee (name, full address, country, VAT number) 2. Issue number y t i r o h t u a g n i u s s i e h t r o f y p o C 2 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 geonomenclature code) 7. Country of consignment (and geonomenclature code) 8. Last day of validity 9. Description of goods 10. CN code and category 11. Quantity in kilograms (net mass) or in additional units 12. Value in euros, cif at Community frontier 13. Additional remarks 14. Competent authority’s endorsement Date : Signature: Stamp: 11 15. ATTRIBUTIONS Indicate the quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof 20. Name, Member State, stamp and attributing the of signature authority 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 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 12 1 Exporter (name, full address, country) ORIGINAL 2 No APPENDIX III 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT DOCUMENT (ECSC and EC steel products) 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 CN code 12 Quantity(1) 13 Fob value(2). t h g i e w t e n n a h t r e h t o e r e h w d e b i r c s e r p t i n u e h t n i y t i t n a u q o s l a d n a ) g k ( t h g i e w t e n w o h S ) 1 (. t c a r t n o c e l a s e h t f o y c n e r r u c e h t n I ) 2 ( 14 CERTIFICATION BY THE COMPETENT AUTHORITY 15 Competent authority (name, full address, country) At …………………………………. on ……………………………………… (Signature) (Stamp) 13 1 Exporter (name, full address, country) COPY 2 No 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT DOCUMENT (ECSC and EC steel products) 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 CN code 12 Quantity(1) 13 Fob value(2) 14 CERTIFICATION BY THE COMPETENT AUTHORITY 15 Competent authority (name, full address, country) At …………………………………. on ……………………………………… (Signature) (Stamp). t h g i e w t e n n a h t r e h t o e r e h w d e b i r c s e r p t i n u e h t n i y t i t n a u q o s l a d n a ) g k ( t h g i e w t e n w o h S ) 1 (. t c a r t n o c e l a s e h t f o y c n e r r u c e h t n I ) 2 ( 14 APPENDIX IV LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN ∆ΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚ∆ΟΣΗΣ Α∆ΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES LISTE DES AUTORITES NATIONALES COMPETENTES ELENCO DELLE COMPETENTI AUTORITA NAZIONALI LIJST VAN BEVOEGDE NATIONALE INSTANTIES LISTA DAS AUTORIDADES NACIONAIS COMPETENTES LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA LISTA ÖVER KOMPETENTA NATIONELLA MYNDIGHETER LIST OF THE COMPETENT NATIONAL AUTHORITIES BELGIQUE/BELGIË Ministère des Affaires Economiques Administration des Relations Economiques Services Licences Rue Général Leman 60 B-1040 Bruxelles Fax: +32-2-230 83 22 Ministerie van Economische Zaken Bestuur van de Economische Betrekkingen Dienst Vergunningen Generaal Lemanstraat 60 B-1040 Brussel Fax: +32-2-230 83 22 DANMARK Erhvervsfremme Styrelsen Søndergade 25 DK-8600 Silkeborg Fax : +45-87 20 40 77 DEUTSCHLAND Bundesamt für Wirtschaft, Dienst 01 Postfach 5171 D-65762 Eschborn 1 Fax : +49-61 96 40 42 12 ΕΛΛΑΣ Υπουργείο Εθνικής Οικονοµίας Γενική Γραµµατεία ∆. ∆ιεύθυνση ∆ιαδικασιών Εξωτερικού Εµπορίου Κορναρου Ο. Σ 1 Αθήνα GR-105 63 Fax : +301-3286029/3286059/3286039 ESPAÑA Ministerio de Economía y Hacienda Dirección General de Comercio Exterior Paseo de la Castellana 162 E-28046 Madrid Fax : +34-1-563 18 23/349 38 31 FRANCE Service des Industries Manufacturières 3-5, rue Barbet de Jouy F-75357 Paris 07 SP Fax: +33-1-43 19 43 69 IRELAND Licensing Unit Department of Enterprise, Trade and Employment Kildare Street IRL-Dublin 2 Fax : +353-1-631 28 26 ITALIA Ministero del Commercio con l’Estero Direzione gnerale per la politica commerciale e per la gestione del regime degli scambi Viale America 341 I-00144 Roma Fax : +39-6-59 93 22 35 / 59 93 26 36 LUXEMBOURG Ministère des affaires étrangères Office des licences BP 113 L-2011 Luxembourg Téléfax : +352-46 61 38 NEDERLAND Centrale Dienst voor In- en Uitvoer Postbus 30003, Engelse Kamp 2 NL-9700 RD Groningen Fax : 31-50 526 06 98 ÖSTERREICH Bundesministerium für wirtschaftliche Angelegenheiten Aussenwirtschaftsadministration Landstrasser Hauptstrasse 55-57 A-1030 Wien Fax: 43-1-715 83 47 15 PORTUGAL Ministério da Economia Direcção-Geral das Relações Económicas Internacionais Av. da República, 79 P-1000 Lisboa Fax : 351-1-793 22 10 SUOMI Tullihallitus PL 512 FIN-00101 Helsinki Telekopio: + 358 9 614 28 52 SVERIGE Kommerskollegium Box 6803 S-11386 Stockholm Fax: 46-8-30 67 59 UNITED KINGDOM Department of Trade and Industry Import Licensing Branch Queensway House - West Precinct Billingham, Cleveland UK-TS23 2NF Fax : 44-1642-533 557 16 FINANCIAL STATEMENT 1. 2. 3. Budget heading involved: Chapter 12 Legal Basis: Article 95 ECSC Title of measure: Agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products. (The double-checking system without quantitative limitations has no financial the Community budget). implications for 4. Purpose: To conclude a new steel agreement with Kazakhstan establishing quantitative limits on the amount of certain ECSC steel products which can be imported into the Community in the period 2000-2001. 5. Method of calculation: The average duty in respect of the products in question is, for the twoyears covered by the agreements: 1. 5% and 1. 0% (in line with Uruguay Round commitments). Applying the average duty to the quantities foreseen in the agreements at € /tonne gives the following theoretical net gain present average values of 260 to the Community's resources: € Kazakhstan: 305 312 in 2000 and € 208 629 in 2001. 17