21996A0108(02)

AGREEMENT between the European Coal and Steel Community and Ukraine on trade in certain steel products initialled at Brussels on 22 December 1994

THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part, and

THE GOVERNMENT OF UKRAINE,

of the other part,

Whereas the European Coal and Steel Community (hereinafter referred to as 'the Community`) and the Government of Ukraine (hereinafter referred to as 'Ukraine`) are agreed on the need to take the fullest possible account of the serious economic problems at present affecting the steel industry in both importing and exporting countries;

Whereas the Contracting Parties are desirous to promote the orderly and equitable development of trade in steel between the European Coal and Steel Community and Ukraine;

Whereas the Contracting Parties consider that this Agreement will create favourable conditions for the progress of Ukraine in its economic reforms and will facilitate the perspectives for a future free trade area as referred to in the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine signed on 14 June 1994 (hereinafter referred to as the 'Partnership and Cooperation Agreement`);

Whereas the Contracting Parties consider that an arrangement should be concluded to provide stability in respect of trade in such steel products;

Whereas such an Agreement is foreseen by Article 17 (1) of the Partnership and Cooperation Agreement; whereas that Article provides that trade in ECSC products is governed by Title III of the Partnership and Cooperation Agreement, save for Article 11 thereof;

Whereas consultations between the Community and Ukraine have taken place with a view to reaching satisfactory solutions to the current problems in the field of trade in steel products;

Whereas this Agreement should be complemented by the cooperation between the Contracting Parties in respect of their steel industries, including appropriate exchanges of information, within the ECSC Contact Group as foreseen in Protocol 1 to 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 UKRAINE,

WHO HAVE AGREED AS FOLLOWS:

Article 1

1. Trade in the steel products covered by the ECSC Treaty set out in Annex I originating within the Contracting Parties (hereinafter called 'the products covered by this Agreement`) shall be subject to the conditions set out in this Agreement and to the relevant provisions of the agreements on trade and trade-related matters in force between the Parties.

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 agreements on trade and trade-related matters in force between the Parties, in particular those relating to anti-dumping procedures and safeguard measures.

Article 2

Ukraine agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community of the steel products in accordance with Annex II. Such exports shall be subject to a double-checking system as specified in Protocol A.

Article 3

1. Imports into the customs territory of the Community for free circulation of steel products covered by this Agreement shall be subject to the production of an export licence issued by the authorities of Ukraine and to a certificate of origin in accordance with the provisions of Protocol A.

2. Imports into the customs territory of the Community of steel products covered by this Agreement shall not be subject to the quantitative limits set out in Annex II provided they are declared to be for re-export outside the Community in the same state or after processing, within the administrative system of control which exists within the Community.

3. Carryover to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits not used during any calendar year is authorized up to 7 % of the relevant quantitative limit for the year in which it was not used. Ukraine shall notify the Community no later than 1 March of the following year if it intends to make use of this provision.

Article 4

1. With a view to rendering the double-checking system as effective as possible and to minimize the possibilities for abuse and circumvention:

- the Ukrainian authorities shall inform the Community authorities by the 28th of each month of the export licences issued during the preceding month;

- the Community authorities shall inform the Ukrainian authorities by the 28th of each month of the import authorizations issued during the preceding month.

In the event of any significant discrepancy taking account of the time factors involved in respect of such information, either Contracting Party may request consultations which shall be opened immediately.

2. Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, both Contracting Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning quantities description or classification of merchandise and by whatever other means. Accordingly, the Contracting Parties agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.

3. Should the Community believe on the basis of information available that this Agreement is being circumvented, the Community may request consultations with Ukraine which shall be held immediately.

4. Pending the results of the consultations referred to in paragraph 3, and if requested by the Community and on provision of sufficient evidence, Ukraine shall ensure that any adjustments of the quantitative limits which may result from such consultations, are carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.

5. Should the Contracting Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that products covered by this Agreement originating in Ukraine have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits established under the Agreement.

6. Should the Contracting Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.

7. The Contracting Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.

Article 5

1. The quantitative limits established under this Agreement on imports of ECSC steel products into the Community shall not be broken down by the Community into regional shares.

2. The Contracting Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows resulting in regional concentration of direct imports into the Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

3. Ukraine shall endeavour to ensure that exports into the Community of products subject to quantitative limits are spaced out as evenly as possible over the year. Should a sudden and prejudicial surge of imports arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

4. In addition to the obligation contained in paragraph 3, where licences issued by the Ukrainian authorities have reached 90 % of the quantitative limits for the calendar year in question, either Contracting Party may request consultations concerning the quantitative limits for that year. Such consultations shall be held immediately. Pending the outcome of such consultations the Ukrainian authorities may continue to issue export licences for the products covered by this Agreement provided they do not exceed the quantities set out in Annex 2.

Article 6

1. Should the Community consider that steel products covered by this Agreement are being imported into the Community from Ukraine at a price abnormally lower than the normal competitive level and is for this reason causing or threatening to cause substantial injury to Community producers of like products, it may request consultations which shall be opened immediately.

2. If following such consultations it is acknowledged by common accord that the situation described in paragraph 1 exists, Ukraine shall take, within the limits of its powers, the necessary steps, notably as regards the price at which the product in question will be sold, to remedy the situation.

3. In order to determine whether the price of a steel product is lower than the normal competitive level, it may be compared, inter alia, with:

- the prices generally charged for like products sold under ordinary conditions by other exporting countries on the Community market;

- the prices of like Community products at a comparable marketing stage on the Community market;

4. Should the consultations referred to in paragraph 2 above fail to lead to agreement within 30 days of the Community's request for consultations, the Community may, until these consultations have produced a mutually satisfactory solution, temporarily refuse consignments of the product in question at prices under the conditions referred to in paragraph 1 above.

5. In exceptional and critical circumstances, where consignments of products covered by this Agreement are being imported from Ukraine into the Community at prices abnormally lower than the normal competitive level, such as to cause injury which it would be difficult to repair, the Community may temporarily suspend imports of the products concerned pending agreement on a solution in the course of consultations, which shall be opened immediately. The Contracting Parties shall do their utmost to reach a mutually acceptable solution within 10 working days' notice of the opening of such consultations.

6. Should the Community have recourse to the measures referred to in paragraphs 4 and 5 above, Ukraine may at any time request the opening of consultations to examine the possibility of eliminating or modifying these measures where the causes which made them necessary no longer exist.

Article 7

1. The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature`, or in abbreviated form 'CN`) and any amendments thereof.

Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning the products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of this Agreement.

2. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community.

Any amendment to these rules of origin shall be communicated to Ukraine and shall not have the effect of reducing the quantitative limits of this Agreement.

The procedures for control of the origin of the products referred to above are laid down in Protocol A.

Article 8

1. Without prejudice to the periodic exchange of information on export licences and import authorizations pursuant to Article 4 (1), the Contracting Parties agree to exchange full statistical information relating to the products subject to the quantitative limits set out in Annex 2 at appropriate intervals taking account of the shortest periods in which the information in question is prepared which shall cover export licences and import authorizations issued pursuant to Article 3, import and export statistics in respect of the products in question.

2. Either Contracting Party may request consultations in the event of any significant discrepancy between the information exchanged.

Article 9

1. Without prejudice to provisions concerning consultations foreseen in respect of specific circumstances in preceding Articles, consultations shall be held on any problems arising from the application of this Agreement at the request of either of the Contracting Parties. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Contracting Parties.

2. Where this Agreement provides that consultations shall be held immediately, the Contracting Parties undertake to use all reasonable means to ensure that this is achieved.

3. All other consultations shall be governed by the following provisions:

- any request for consultations shall be notified in writing to the other Contracting Party,

- where appropriate, the request shall be followed within a reasonable period by a report setting out the reasons for the consultations,

- consultations shall begin within one month from the date of the request,

- consultations shall arrive at a mutually acceptable result within one month of their commencement, unless the period is extended by agreement between the Contracting Parties.

4. Specific additional consultations may also be held by agreement between the Contracting Parties.

Article 10

1. This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 1996. At the request of either Contracting Party made not later than six months prior to 31 December 1996, the Contracting Parties shall consult on whether or not this Agreement should be extended.

2. Either Contracting Party may at any time propose modifications to this Agreement which at the request of either Contracting Party shall be the subject of consultations.

3. Either Contracting Party may denounce this Agreement, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice and the quantitative limits in the Community established in Annex 2 of this Agreement shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Contracting Parties decide otherwise by common agreement.

4. The operation of this Agreement shall be reviewed by the Contracting Parties prior to Ukraine becoming a member of the World Trade Organization.

5. The Community reserves the right at all times to take all appropriate measures including, where the Contracting Parties are unable to reach a mutually satisfactory solution in the consultations foreseen in paragraph 1 or where this Agreement is denounced by either Contracting Party, the reintroduction of a system of autonomous quotas in respect of exports from Ukraine of the products set out in Annex 1 to this Agreement.

6. The Annexes, Protocols, Agreed Minute, Declarations and Letters exchanged or attached to this Agreement, shall form an integral part thereof.

Article 11

This Agreement shall be drawn up in two copies in English and Ukrainian, each of these texts being equally authentic.

Done at Brussels, on 15 December 1995.

For the Commission of the European Communities

Salvatore SALERNO

For the Government of Ukraine

Borys TARASYUK

ANNEX I

A. Flat-rolled products

1. Coils

7208 11 00

7208 12 10

7208 12 91

7208 12 95

7208 12 98

7208 13 10

7208 13 91

7208 13 95

7208 13 98

7208 14 10

7208 14 91

7208 14 99

7208 21 10

7208 21 90

7208 22 10

7208 22 91

7208 22 95

7208 22 98

7208 23 10

7208 23 91

7208 23 95

7208 23 98

7208 24 10

7208 24 91

7208 24 99

7211 12 10

7211 19 10

7211 22 10

7211 29 10

7219 11 10

7219 11 90

7219 12 10

7219 12 90

7219 13 10

7219 13 90

7219 14 10

7219 14 90

7225 10 10

7225 20 20

7225 30 00

2. Heavy plates

7208 31 00

7208 32 10

7208 32 30

7208 32 51

7208 32 59

7208 32 91

7208 32 99

7208 33 10

7208 33 91

7208 33 99

7208 41 00

7208 42 10

7208 42 30

7208 42 51

7208 42 59

7208 42 91

7208 42 99

7208 43 10

7208 43 91

7208 43 99

7211 11 00

7211 21 00

3. Other flat-rolled products

7208 34 10

7208 34 90

7208 35 10

7208 35 90

7208 44 10

7208 44 90

7208 45 10

7208 45 90

7208 90 10

7209 11 00

7209 12 10

7209 12 90

7209 13 10

7209 13 90

7209 14 10

7209 14 90

7209 21 00

7209 22 10

7209 22 90

7209 23 10

7209 23 90

7209 24 10

7209 24 91

7209 24 99

7209 31 00

7209 32 10

7209 32 90

7209 33 10

7209 33 90

7209 34 10

7209 34 90

7209 41 00

7209 42 10

7209 42 90

7209 43 10

7209 43 90

7209 44 10

7209 44 90

7209 90 10

7210 11 10

7210 12 11

7210 12 19

7210 20 10

7210 31 10

7210 39 10

7210 41 10

7210 49 10

7210 50 10

7210 60 11

7210 60 19

7210 70 31

7210 70 39

7210 90 31

7210 90 33

7210 90 35

7210 90 39

7211 19 91

7211 19 99

7211 22 90

7211 29 91

7211 29 99

7211 30 10

7211 41 10

7211 41 91

7211 49 10

7211 90 11

7212 10 10

7212 10 91

7212 21 11

7212 29 11

7212 30 11

7212 40 10

7212 40 91

7212 50 31

7212 50 51

7212 60 11

7212 60 91

7219 21 11

7219 21 19

7219 21 90

7219 22 10

7219 22 90

7219 23 10

7219 23 90

7219 24 10

7219 24 90

7219 31 10

7219 31 90

7219 32 10

7219 32 90

7219 33 10

7219 33 90

7219 34 10

7219 34 90

7219 35 10

7219 35 90

7225 40 70

7225 40 90

B. Longs

1. Beams

7207 19 31

7207 20 71

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

7216 33 10

7216 33 90

2. Wire rod

7213 10 00

7213 20 00

7213 31 20

7213 31 81

7213 31 89

7213 39 10

7213 39 90

7213 41 00

7213 49 00

7213 50 20

7213 50 81

7213 50 89

7221 00 10

7221 00 90

7227 10 00

7227 20 00

7227 90 10

7227 90 30

7227 90 50

7227 90 70

3. Other longs

7207 19 11

7207 19 14

7207 19 16

7207 20 51

7207 20 55

7207 20 57

7214 20 00

7214 30 00

7214 40 10

7214 40 20

7214 40 51

7214 40 59

7214 40 80

7214 50 10

7214 50 31

7214 50 39

7214 50 90

7214 60 00

7215 90 10

7216 10 00

7216 21 00

7216 22 00

7216 40 10

7216 40 90

7216 50 10

7216 50 91

7216 50 99

7216 90 10

7218 90 50

7222 10 11

7222 10 19

7222 10 21

7222 10 29

7222 10 31

7222 10 39

7222 10 81

7222 10 89

7222 30 10

7222 40 11

7222 40 19

7222 40 30

7224 90 31

7224 90 39

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 20

7228 30 41

7228 30 49

7228 30 61

7228 30 69

7228 30 70

7228 30 89

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

7301 10 00

ANNEX II

>TABLE>

Agreed minute

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995, the parties agree that:

- in pursuance of the exchange of information foreseen in Article 4 (1) concerning export licences and import authorizations 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), Ukraine will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from regional concentrations of direct imports into the Community; and

- Ukraine 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.

For the Commission of the European Communities

For the Government of Ukraine

Declaration

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995, and more particularly Article 6 thereof, the Contracting Parties agree that it is the understanding of the European Community that in the event that the provisions of Article 6 are fulfilled in respect of exports from Ukraine to the Community of products covered by this Agreement, European industry has no intention of making use of any procedures in respect of anti-dumping and/or countervailing duties in respect of imports of such products to the Community.

Declaration

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995, and more particularly Article 9 thereof, the Contracting Parties agree that Ukraine may, following experience with the management of the Agreement, propose consultations concerning the quantitative limits in respect of the categories of products in order more appropriately to take account of the utilization of the quantitative limits.

Declaration

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995, and more particularly the quantitative limits contained in Annex II thereof, the Contracting Parties agree that, without prejudice to the consultations foreseen by Article 5 (4), Ukraine may request consultations concerning the amounts of such limits in order to ascertain whether the possibility exists to adjust them, taking account of the needs and situation of the Community market.

Declaration

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995, and more particularly Article 3 thereof, the Contracting Parties confirm their understanding that this Agreement does not affect existing systems concerning the import and duties in respect of the steel products mentioned in Annex I to the Agreement which are intended for the purposes of the construction and repair of sea going vessels and off-shore structures.

Declaration

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 December 1995 and more particularly Article 3 (3) thereof, the Contracting Parties agree that Ukraine may, in the event of exceptional circumstances relating to production of the products covered by the Agreement in Ukraine request consultations concerning the carryover of amounts to the following year.

PROTOCOL A

TITLE I CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform Ukraine of any changes in the combined nomenclature (CN) in respect of products covered by the Agreement before the date of their entry into force in the Community.

2. The competent authorities of the Community undertake to inform the competent authorities of Ukraine of any decisions relating to the classification of products covered by the Agreement within one month of their adoption at the latest.

Such a description shall include:

(a) a description of the products concerned,

(b) the relevant CN codes,

(c) the reasons which have led to the decision.

3. Where a decision on classification results in a change of classification practice of any product covered by the Agreement, the competent authorities of the Community shall provide 30 days' notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 day's of that date.

4. Where a Community decision on classification resulting in a change of classification practice of any product covered by the Agreement affects a category subject to quantitative limits, the Contracting Parties agree to enter into consultations in accordance with the procedures described in Article 9 (3) of the Agreement with a view to honouring the obligation contained in Article 7 (1) of the Agreement.

5. In case of divergent opinions between the competent authorities of Ukraine and the Community at the point of entry into the Community on the classification of products covered by the Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 9 with a view to reaching agreement on the definitive classification of the products concerned.

TITLE II ORIGIN

Article 2

1. Products originating in Ukraine according to the Community Regulations in force for export to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Ukrainian origin conforming to the model annexed to this Protocol.

2. The certificate of origin shall be certified by the Ukrainian organizations authorized for such purposes under Ukrainian legislation as to whether the products in question can be considered as products originating in Ukraine.

Article 3

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 authorized representative. The Ukrainian organizations authorized for such purposes under Ukrainian legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.

Article 4

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 carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.

TITLE III DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITS

SECTION I Exportation

Article 5

1. The appropriate Ukrainian governmental authorities shall issue an export licence in respect of all consignments from Ukraine of steel products covered by the Agreement up to the quantitative limits set out in Annex 2 of the Agreement.

Article 6

1. The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory of the Community.

2. Each export licence must certify inter alia that the quantity of the product in question has been set off against the relevant quantitative limit established for the product concerned in Annex 2 of the Agreement.

Article 7

The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.

Article 8

1. Exports shall be set off against the quantitative limits established for the year in which the shipment of goods has been effected even if the export licence is issued after such shipment.

2. For the purposes of applying paragraph 1, shipment of goods is considered to have taken place on the date of their loading onto the exporting transport.

Article 9

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 been shipped.

SECTION II Importation

Article 10

The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorization.

Article 11

1. The competent authorities of the Community shall issue the import authorization referred to in Article 8 above, within ten working days of the presentation by the importer of the original of the corresponding export licence. A list of the competent authorities is annexed to this Protocol.

2. The import authorizations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.

3. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn.

However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the release for free circulation of the products into the Community, the relevant quantities shall be set off against the limits established for the product.

Article 12

If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Ukraine exceed the relevant quantitative limit established for products covered by Annex II of the Agreement the Community authorities shall suspend the further issue of import authorizations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authorities of Ukraine and immediate consultations pursuant to Article 9 (2) of the Agreement shall be initiated.

TITLE IV FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY

Article 13

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 must be in ink and in printed script.

These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked 'original' and the other copies 'copies'. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.

2. Each document shall bear a standardized serial number, whether or not printed, by which it can be identified.

This number shall be composed of the following elements:

- two letters identifying the exporting country as follows: UA,

- two letters identifying the intended Member State of customs clearance as follows:

BE = Belgium

DK = Denmark

DE = Germany

EL = Greece

ES = Spain

FR = France

IE = Ireland

IT = Italy

LU = Luxembourg

NL = Netherlands

AT = Austria

PT = Portugal

FI = Finland

SE = Sweden

GB = United Kingdom;

- a one-digit number identifying the year in question corresponding to the last figure in the year, e.g. '5' for 1995,

- a two-digit number from 01 to 99, identifying the particular issuing office concerned in exporting country,

- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

Article 14

The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases, they must bear the endorsement 'issued retrospectively'.

Article 15

1. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Ukrainian governmental authorities competent to issue licences or to the Ukrainian organizations authorized to issue certificates of origin under Ukrainian legislation, respectively, for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement 'duplicate'.

2. The duplicate shall bear the date of the original export licence or certificate of origin.

TITLE V ADMINISTRATIVE COOPERATION

Article 16

The Contracting Parties shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.

Article 17

In order to ensure the correct application of this Protocol, the Contracting Parties shall offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.

Article 18

Ukraine shall send the Commission of the European Communities the names and addresses of the competent Ukrainian authorities which are authorized to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in this information.

Article 19

1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.

2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Ukrainian authorities giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.

3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol.

4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.

Should such verifications reveal systematic irregularities in the use of certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.

5. For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept by the appropriate Ukrainian authorities for at least one year following the end of the Agreement.

6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question.

Article 20

1. Where the verification procedure referred to in Article 19 or where information available to the competent authorities of the Community or of Ukraine indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two Contracting Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.

2. To this end, the appropriate Ukrainian authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Ukraine shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.

3. By agreement between the Contracting Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.

4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Ukraine shall exchange any information considered by either Contracting Party to be of use in preventing circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the trade in the type of products covered by the Agreement between Ukraine and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Ukraine prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation, where available.

5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Ukraine and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.

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(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) ORIGINAL No 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT LICENCE (ECSC 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 I, the undersigned, certify that the goods described above have been charged against the quantitative limits established for the year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in ECSC products with the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

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(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) COPY No 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT LICENCE (ECSC 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 I, the undersigned, certify that the goods described above have been charged against the quantitative limits established for the year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in ECSC products with the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) ORIGINAL No 3 Year 4 Product group 5 Consignee (name, full address, country) CERTIFICATE OF ORIGIN (ECSC 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 I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the provisions in force in the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) COPY No 3 Year 4 Product group 5 Consignee (name, full address, country) CERTIFICATE OF ORIGIN (ECSC 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 I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the provisions in force in the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN ÄÉÅÕÈÕÍÓÅÉÓ ÔÙÍ ÁÑ×ÙÍ ÅÊÄÏÓÇÓ ÁÄÅÉÙÍ ÔÙÍ ÊÑÁÔÙÍ ÌÅËÙÍ LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES LISTE DES AUTORITÉS NATIONALES COMPÉTENTES ELENCO DELLE COMPETENTI AUTORITÁ 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

Administration des relations économiques

Quatrième division: Mise en oeuvre des politiques

commerciales internationales - Services «Licences»

Rue Général Leman 60

B-1040 Bruxelles

Télécopieur: (32 2) 230 83 22

Bestuur van de Economische Betrekkingen

Vierde Afdeling: Toepassing van het International Handelsbeleid - 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 51 71

D-65762 Eschborn 1

Fax: (49) 6196 40 42 12

ÅËËÁÓ

Õðïõñãåßï ÅèíéêÞò Ïéêïíïìßáò

ÃåíéêÞ Ãñáììáôåßá ÄÏÓ

Äéåýèõíóç Äéáäéêáóéþí Åîùôåñéêïý

Åìðïñßïõ

ÊïñíÜñïõ 1

GR-105 63 ÁèÞíá

ÔÝëåöáî: (301) 328 60 29/328 60 59/328 60 39

ESPAÑA

Ministerio de Comercio y Turismo

Dirección General de Comercio Exterior

Paeso de la Castellana, 162

E-28046 Madrid

Fax: (34 1) 563 18 23

FRANCE

Setice

8, rue de la Tour des Dames

F-75436 Paris Cedex 09

Télécopieur: (33 1) 44 63 26 59

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

DG Import-export, Division V

Viale Boston

I-00144 Roma

Telefax: (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 Uitvoier

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

PORTUGAL

Direcção-Geral do Comércio Externo

Avenida da República, 79

P-1000 Lisboa

Telefax: (351-1) 793 22 10

SUOMI

Tullihallitus

PL 512

FIN-00101 Helsinki

Telekopio: +358-0 614 2852

SVERIGE

Kommerskollegium

Birger Jarls torg 5

Box 1209

S-111 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