Council Regulation (EC) No 1762/2004 of 24 September 2004 on administering of the double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community

of 24 September 2004

on administering of the double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community

Preamble

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,

Whereas:

(1) The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part ¹ , entered into force on 1 July 1998.

(2) The situation relating to imports of certain steel products from the Republic of Moldova to the European Community has been the subject of thorough examination and, on the basis of relevant information supplied to them, the Parties have concluded an Agreement in the form of an Exchange of Letters ² , 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 2006, unless both Parties agree to terminate the system earlier.

(3) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ³ ,

HAS ADOPTED THIS REGULATION:

Article 1

1. For the period 29 October 2004 to 31 December 2006, in accordance with the provisions of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community, imports into the Community of certain steel products originating in the Republic of Moldova, as listed in Annex I, shall be subject to the presentation of a surveillance document conforming to the model shown in Annex II issued by the authorities in the Community.

2. For the period referred to in paragraph 1, imports into the Community of the steel products originating in the Republic of Moldova and listed in Annex I shall, in addition, be subject to the issue of an export document issued by the competent Moldovan authorities. The export document shall conform to the model shown in Annex III. It shall be valid for exports throughout the customs territory of the Community. In order to obtain the surveillance document referred to in paragraph 1, the importer must present the original of the export document fully completed. In any case, the importer must present the original of the export document not later than 31 March of the year following that in which the goods covered by the document were shipped.

3. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter referred to as the CN). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in the Community.

4. The competent authorities of the Community shall inform the Republic of Moldova of any amendments in the CN in respect of products covered by this Regulation before the date of entry into force of such amendments in the Community.

5. Goods shipped before the 29 October 2004 shall be excluded from the scope of this Regulation. Shipment is considered to have taken place on the date of loading on to the exporting means of transport.

Article 2

1. The surveillance document referred to in Article 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 IV shall be valid throughout the Community.

3. The importer’s application for a surveillance document 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 declaring person or representative of the applicant (including telephone and fax numbers); (c) the full name and address of the exporter; (d) the exact description of the goods, including: — their trade name, — the 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 CN heading; (f) the cif value of the goods in euro at the Community frontier by Combined Nomenclature heading; (g) whether the products concerned are downgraded or of non-standard quality ⁴ ; (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.

4. Surveillance documents may be used only for such time as arrangements for the liberalisation 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.

5. The importer shall return surveillance documents to the issuing authority at the end of their period of validity.

Article 3

1. 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.

2. Applications for import 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 euro) for which import documents were issued during the preceding month; (b) details of imports during the month preceding the month referred to in (a). The information provided by Member States shall be broken down by product, CN code and by country.

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 an import document.

Article 5

Any notices to be given hereunder shall be given to the Commission 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.

Article 6

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 7

Amendments to the Annexes 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 Moldova, 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 15th day following that of its publication in the Official Journal of the European Union .

Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 24 September 2004. For the Council The President L. J. BRINKHORST

¹ OJ L 181, 24.6.1998, p. 3 .

² See p. 33 of this Official Journal.

³ OJ L 184, 17.7.1999, p. 23 .

⁴ Under the criteria given in the Commission communication concerning identification criteria of non-prime steel products from third countries applied by customs services of Member States ( OJ C 180, 11.7.1991, p. 4 ).

LIST OF PRODUCTS SUBJECT TO DOUBLE-CHECKING WITHOUT QUANTITATIVE LIMITS

MOLDOVA

7202

7203

7206

7207

7208

7209

7210

7211

7212

7213

7214

7215

7216

7217

7218

7219

7220

7221

7222

7223

7224

7225

7226

7227

7228

7229

7301

7303

7304

7305

7306

7307

7312

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, address and telephone No) 6. Country of origin (and nomenclature code) 7. Country of consignment (and nomenclature 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 euro, cif at European Community frontier 13. Additional remarks 14. Competent authority's endorsement Date: Signature: Stamp: Holder's copy 1 1

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. 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

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) 5. Declarant/representative as applicable (name and full address) 6. Country of origin (and nomenclature code) 7. Country of consignment (and nomenclature 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 euro, cif at European Community frontier 13. Additional remarks 14. Competent authority's endorsement Date: Signature: Stamp: Copy for the issuing authority 2 2

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. 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

1. Exporter (name, full address, country) ORIGINAL 2. Number 3. Year 4. Product group EXPORT DOCUMENT (steel 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. 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) ( 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 2. Number 3. Year 4. Product group EXPORT DOCUMENT (steel 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. 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) ( 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.

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES

SEZNAM PŘÍSLUŠNÝCH VNITROSTÁTNÍCH ORGÁNŮ

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER

LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN

PÄDEVATE RIIKLIKE ASUTUSTE NIMEKIRI

ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ

LIST OF THE COMPETENT NATIONAL AUTHORITIES

LISTE DES AUTORITÉS NATIONALES COMPÉTENTES

ELENCO DELLE AUTORITÀ NAZIONALI COMPETENTI

VALSTU KOMPETENTO IESTĀŽU SARAKSTS

ATSAKINGŲ NACIONALINIŲ INSTITUCIJŲ SĄRAŠAS

AZ ILLETÉKES NEMZETI HATÓSÁGOK LISTÁJA

LISTA TA' L-AWTORITAJIET KOMPETENTI NAZZJONALI

LIJST VAN BEVOEGDE NATIONALE INSTANTIES

LISTA WŁAŚCIWYCH ORGANÓW KRAJOWYCH

LISTA DAS AUTORIDADES NACIONAIS COMPETENTES

ZOZNAM PRÍSLUŠNÝCH ŠTÁTNYCH ORGÁNOV

SEZNAM PRISTOJNIH NACIONALNIH ORGANOV

LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA

FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER

Footnotes

1. . ↩ ↩²

2. See p. 33 of this Official Journal. ↩ ↩²

3. . ↩ ↩²

4. Under the criteria given in the Commission communication concerning identification criteria of non-prime steel products from third countries applied by customs services of Member States (). ↩ ↩²