title: 2007/451/EC: Council Decision of  30 May 2007 approving the conclusion of the Agreement between the European Community and the Government of Ukraine on trade in certain steel products

text:
               6.7.2007

               EN

               Official Journal of the European Union

               L 178/22

         COUNCIL DECISION
   of 30 May 2007
   approving the conclusion of the Agreement between the European Community and the Government of Ukraine on trade in certain steel products
   (2007/451/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine (1), entered into force on 1 March 1998.

               (2)

               Trade in certain steel products is governed by Title III of that Agreement, with the exception of Article 14 thereof, and by the provisions of an agreement on quantitative arrangements.

               (3)

               For the years 1995 to 2001, trade in certain steel products was the subject of agreements between the Parties, and in 2002, 2003 and up to 19 November 2004 of specific arrangements. A further Agreement was concluded on 19 November 2004 covering the period up to 31 December 2004. Thereafter, an Agreement was concluded covering the period 2005 and 2006.

               (4)

               Council Decision of 13 November 2006 (2) authorised the Commission to open negotiations with a view to renewing the agreements on trade in certain steel products concluded between the European Community, of the one part, and Ukraine, of the other part.

               (5)

               Following that Decision, a new Agreement, covering the period up to 31 December 2007 and the following years, has been negotiated between the Parties.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement between the European Community and the Government of Ukraine on trade in certain steel products is hereby approved.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

      Done at Brussels, 30 May 2007.

            For the Council

            The President

         F. MÜNTEFERING

      (1)  OJ L 49, 19.2.1998, p. 3.

      (2)  14134/06 and 14135/06.
   AGREEMENT
   between the European Community and the Government of Ukraine on trade in certain steel products
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and
   THE GOVERNMENT OF UKRAINE, of the other part,
   together referred to as ‘the Parties’,
   WHEREAS the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, hereinafter referred to as ‘the PCA’, entered into force on 1 March 1998;
   WHEREAS the Parties are desirous to promote the orderly and equitable development of trade in steel between them;
   WHEREAS Article 22(1) of the PCA provides that trade in certain steel products shall be governed by Title III with the exception of Article 14 thereof, and by the provisions of an agreement on quantitative arrangements; whereas this Agreement constitutes the agreement referred to in Article 22(1) of the PCA;
   BEARING IN MIND the process of accession of Ukraine to the World Trade Organisation (WTO) and the Community support for the integration of Ukraine into the international trading system;
   WHEREAS for the years 1995 to 2001 trade in certain steel products was the subject of Agreements between the Parties, in 2002, 2003 and 2004 of specific arrangements and as from November 2004 of Agreements; it is therefore appropriate to put in place a new Agreement;
   WHEREAS the Parties reiterate their commitment to achieve as soon as the conditions are fulfilled complete liberalisation of trade in respect of the steel products covered by this Agreement;
   WHEREAS this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within a contact group on coal and steel as foreseen in Article 22(2) to the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   This Agreement applies to trade in the steel products set out in Annex I to this Agreement originating within the Parties.
   2.   Trade in steel products set out in Annex II may be subject to quantitative limits.
   3.   Trade in steel products not set out in Annex II shall not be subject to quantitative limits.
   4.   In the case of steel products and of subject matters which are not covered by this Agreement, the relevant provisions of the PCA shall apply.
   Article 2
   1.   The Parties agree to establish and maintain for the period of validity of the present Agreement quantitative arrangements fixing the limits set out in Annex III of this Agreement on Ukrainian exports to the Community of the products set out in Annex II. Such exports shall be subject to a double-checking system as specified in Protocol A.
   2.   The Parties reiterate their commitment to achieve complete liberalisation of trade in respect of the steel products set out in Annex II as soon as the conditions have been established.
   3.   The Parties agree that imports into the Community from Ukraine of the steel products set out in Annex II as from 1 January 2007 until the entry into force of this Agreement shall be deducted from the quantitative limits set out in Annex III.
   4.   Imports of quantities in excess of those mentioned in Annex III shall be authorised where the Community industry is unable to meet the internal demand and results in a shortage of supply for one or more products listed in Annex II. Consultations shall take place immediately at the request of either Party to determine the level of the shortage on the basis of objective evidence. Following the conclusions of the consultations, the Community shall instigate its internal procedures to increase the quantitative limits set out in Annex III.
   5.   Each Party may, at any time, request consultations concerning:

               —

               the levels of the quantitative limits set out in Annex III, where the conditions in respect of the products covered by Annex II have substantially deteriorated or improved,

               —

               the possibility of transferring unused amounts set out in Annex III from under-utilised product groups to other groups.

         Article 3
   1.   Imports into the customs territory of the Community for free circulation of the products set out in Annex II shall be subject to the presentation of an import authorisation issued by the competent authority of a Member State based on the production of an export licence issued by the authorities of Ukraine and to proof of origin in accordance with the provisions of Protocol A.
   2.   Imports into the customs territory of the Community of the products set out in Annex II shall not be subject to the quantitative limits set out in Annex III 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.   Carry-over to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits not used during any calendar year is authorised up to 10 % of the relevant quantitative limit set out in Annex III for a product group in question for the year in which it was not used. Ukraine shall notify the Community no later than 31 March of the following year if it intends to make use of this provision.
   4.   Up to 15 % of the quantitative limit for a given product group may be transferred to one or more other groups. The quantitative limit for a given product group can be adjusted once in the course of a calendar year. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. Ukraine shall notify the Community no later than 31 May 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 minimise the possibilities for abuse and circumvention:

               —

               the Community authorities shall inform the Ukrainian authorities by the 28th of each month of the import authorisations issued during the preceding month,

               —

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

         2.   In the event of any significant discrepancy taking account of the time factors involved in respect of such information either Party may request consultations which shall be opened immediately.
   3.   Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, the Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention, notably 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. Accordingly, the 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.
   4.   Should either Party believe on the basis of information available that this Agreement is being circumvented, it may request consultations with the other Party which shall be held immediately.
   5.   Pending the results of the consultations referred to in paragraph 4, the Government of Ukraine shall, as a precautionary measure, and if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of the quantitative limits liable to be agreed following the consultations referred to in paragraph 4, shall be carried out for the calendar year in which the request for consultations under paragraph 4 was made, or for the following year, if the limit for that calendar year is exhausted.
   6.   Should the Parties be unable in the course of the consultations referred to in paragraph 4 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that steel 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 Annex III.
   7.   Should the Parties be unable in the course of the consultations referred to in paragraph 4 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.
   8.   The 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 into the Community of products set out in Annex II shall not be broken down by the Community into regional shares.
   2.   The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows into the Community. Should a sudden and prejudicial change in traditional trade flows arise (including regional concentration or the loss of traditional customers), 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 set out in Annex II 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, and without prejudice to the consultations foreseen by Article 2(5), where licences issued by the Ukrainian authorities have reached 90 % of the quantitative limits for the calendar year in question, either Party may request consultations. Such consultations shall be held immediately. Pending the outcome of such consultations the Ukrainian authorities may continue to issue export licences for the products set out in Annex II provided they do not exceed the quantities set out in Annex III.
   Article 6
   1.   Where any product set out in Annex II is being imported into the Community from Ukraine under such conditions as to cause or threaten to cause substantial injury to Community producers of like products, the Community shall supply Ukraine with all relevant information with a view to seeking a solution acceptable to both Parties. The Parties shall commence consultations promptly.
   2.   Should the consultations referred to in paragraph 1 fail to lead to agreement within 30 days of the Community's request for consultations, the Community may utilise the right to take action concerning safeguard measures pursuant to the provisions of the Partnership and Cooperation Agreement.
   3.   Notwithstanding the provisions of this Agreement, the provisions of Article 19 of the Partnership and Cooperation Agreement shall apply.
   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’. Any amendment to the combined nomenclature made in accordance with the procedures in force in the Community concerning the products set out in Annex II or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of the products set out Annex III.
   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 the Government of 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 authorisations pursuant to Article 4(1), the Parties agree to exchange available statistical information relating to trade in the products set out in Annex II at appropriate intervals, taking account of the shortest periods in which the information in question is prepared, which shall cover export licences and import authorisations issued pursuant to Article 3 and import and export statistics in respect of the products in question.
   2.   Either Party may request consultations in the event of any significant discrepancy between the information exchanged.
   Article 9
   1.   Without prejudice to provisions concerning consultations provided for 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 Party. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.
   2.   Where this Agreement provides that consultations shall be held immediately, the 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 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 receipt of the request,

               —

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

         Article 10
   1.   This Agreement shall enter into force on the date of its signature. It shall remain in force until 31 December 2007 subject to any modifications agreed by the Parties and unless it is denounced or terminated in accordance with, respectively, the provisions of paragraphs 3 or 4. This Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement at least six months before it expires. With each yearly renewal, quantities in every product group shall be increased by 2,5 %.
   2.   Either Party may at any time propose modifications to this Agreement which shall require the mutual consent of the Parties and take effect as agreed by them.
   3.   Either 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 limits established by this Agreement shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Parties decide otherwise.
   4.   In the event that Ukraine accedes to the World Trade Organisation (WTO) before the expiration of this Agreement, the Agreement shall be terminated and the quantitative limits shall be abolished as of the date of accession.
   5.   The Community reserves the right at all times to take all appropriate measures including, where the Parties are unable to reach a mutually satisfactory solution in the consultations foreseen in previous Articles or where this Agreement is denounced by either Party, the reintroduction of a system of autonomous quotas in respect of exports from Ukraine of the products mentioned in Annex II.
   6.   Annexes I, II and III, declarations 1, 2, 3 and 4, the agreed minute and Protocol A attached to this Agreement shall form an integral part thereof.
   Article 11
   This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic.

      Съставено в Люксембург на oceмнадесети юни две хиляди и седма година.
      Hecho en Luxemburgo, el dieciocho de junio de dos mil siete.
      V Lucemburku dne osmnáctého června dva tisíce sedm.
      Udfærdiget i Luxembourg den attende juni to tusind og syv.
      Geschehen zu Luxemburg am achtzehnten Juni zweitausendsieben.
      Kahe tuhande seitsmenda aasta juunikuu kaheksateistkümnendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις δέκα οκτώ Ιουνίου δύο χιλιάδες επτά.
      Done at Luxembourg, on the eighteenth day of June in the year two thousand and seven.
      Fait à Luxembourg, le dix-huit juin deux mille sept.
      Fatto a Lussemburgo, addì diciotto giugno duemilasette.
      Luksemburgā divtūkstoš septītā gada astoņpadsmitajā jūnijā.
      Priimta Liuksemburge, du tūkstančiai septintųjų metų birželio aštuonioliktą dieną.
      Kelt Luxembourgban, a kétezer-hetedik év június havának tizennyolcadik napján.
      Magħmul fil-Lussemburgu, fit-tmintax -il jum ta' Ġunju tas-sena elfejn u sebgħa.
      Gedaan te Luxemburg, de achttiende juni tweeduizend zeven.
      Sporządzono w Luksemburgu dnia osiemnastego czerwca roku dwa tysiące siódmego.
      Feito no Luxemburgo, em dezoito de Junho de dois mil e sete.
      Întocmit la Luxemburg, optsprezece iunie două mii șapte.
      V Luxemburgu osemnásteho júna dvetisícsedem.
      V Luxembourgu, dne osemnajstega junija leta dva tisoč sedem.
      Tehty Luxemburgissa kahdeksantenatoista päivänä kesäkuuta vuonna kaksituhattaseitsemän.
      Som skedde i Luxemburg den artonde juni tjugohundrasju.
      Вчинено у Люксембурзі у вісімнадцятий день червня двохтисячо сьомого року.

         За Eвропейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         За Eвропейське Співтовариство

         За правителството на Украйна
         Por el Gobierno de Ucrania
         Za vládu Ukrajiny
         For Ukraines regering
         Für die Regierung der Ukraine
         Ukraina valitsuse nimel
         Για την κυβέρνηση της Ουκρανίας
         For the Government of Ukraine
         Pour le gouvernement ukrainien
         Per il governo dell'Ucraina
         Ukrainas valdības vārdā
         Ukrainos Vyriausybės vardu
         Ukrajna kormánya részéről
         Għall-Gvern ta' l-Ukraina
         Voor de regering van Oekraïne
         W imieniu Rządu Ukrainy
         Pelo Governo da Ucrânia
         Pentru Guvernul Ucrainei
         Za vládu Ukrajiny
         Za Vlado Ukrajine
         Ukrainan hallituksen puolesta
         För Ukrainas regering
         За Уряд України

   ANNEX I

               7201 10 11 00

               7201 10 19 00

               7201 10 30 00

               7201 10 90 00

               7201 20 00 00

               7201 50 10 00

               7201 50 90 00

               7202 11 20 00

               7202 11 80 00

               7202 99 10 10

               7203 10 00 00

               7203 90 00 00

               7204 10 00 00

               7204 21 10 00

               7204 21 90 00

               7204 29 00 00

               7204 30 00 00

               7204 41 10 00

               7204 41 91 00

               7204 41 99 00

               7204 49 10 00

               7204 49 30 00

               7204 49 90 00

               7204 50 00 00

               7204 90 02 29 (1)

               7206 10 00 00

               7206 90 00 00

               7207 11 11 00

               7207 11 14 00

               7207 11 16 00

               7207 12 10 00

               7207 19 12 10

               7207 19 12 91

               7207 19 12 99

               7207 19 80 10

               7207 20 11 00

               7207 20 15 00

               7207 20 17 00

               7207 20 32 00

               7207 20 52 00

               7207 20 80 10

               7208 10 00 00

               7208 25 00 00

               7208 26 00 00

               7208 27 00 00

               7208 36 00 00

               7208 37 00 10

               7208 37 00 90

               7208 38 00 10

               7208 38 00 90

               7208 39 00 10

               7208 39 00 90

               7208 40 00 10

               7208 40 00 90

               7208 51 20 10

               7208 51 20 91

               7208 51 20 93

               7208 51 20 97

               7208 51 20 98

               7208 51 91 00

               7208 51 98 10

               7208 51 98 91

               7208 51 98 99

               7208 52 10 00

               7208 52 91 00

               7208 52 99 00

               7208 53 10 00

               7208 53 90 00

               7208 54 00 00

               7208 90 80 10

               7209 15 00 00

               7209 16 10 00

               7209 16 90 00

               7209 17 10 00

               7209 17 90 00

               7209 18 10 00

               7209 18 91 00

               7209 18 99 00

               7209 25 00 00

               7209 26 10 00

               7209 26 90 00

               7209 27 10 00

               7209 27 90 00

               7209 28 10 00

               7209 28 90 00

               7209 90 80 10

               7210 11 00 10

               7210 12 20 10

               7210 12 80 10

               7210 20 00 10

               7210 30 00 10

               7210 41 00 10

               7210 49 00 10

               7210 50 00 10

               7210 61 00 10

               7210 69 00 10

               7210 70 10 10

               7210 70 80 10

               7210 90 30 10

               7210 90 40 10

               7210 90 80 91

               7211 13 00 00

               7211 14 00 10

               7211 14 00 90

               7211 19 00 10

               7211 19 00 90

               7211 23 20 10

               7211 23 30 10

               7211 23 30 91

               7211 23 80 10

               7211 23 80 91

               7211 29 00 10

               7211 90 80 10

               7212 10 10 00

               7212 10 90 11

               7212 20 00 11

               7212 30 00 11

               7212 40 20 10

               7212 40 20 91

               7212 40 80 11

               7212 50 20 11

               7212 50 30 11

               7212 50 40 11

               7212 50 61 11

               7212 50 69 11

               7212 50 90 13

               7212 60 00 11

               7212 60 00 91

               7213 10 00 00

               7213 20 00 00

               7213 91 10 00

               7213 91 20 00

               7213 91 41 00

               7213 91 49 00

               7213 91 70 00

               7213 91 90 00

               7213 99 10 00

               7213 99 90 00

               7214 20 00 00

               7214 30 00 00

               7214 91 10 00

               7214 91 90 00

               7214 99 10 00

               7214 99 31 00

               7214 99 39 00

               7214 99 50 00

               7214 99 71 00

               7214 99 79 00

               7214 99 95 00

               7215 90 00 10

               7216 10 00 00

               7216 21 00 00

               7216 22 00 00

               7216 31 10 00

               7216 31 90 00

               7216 32 11 00

               7216 32 19 00

               7216 32 91 00

               7216 32 99 00

               7216 33 10 00

               7216 33 90 00

               7216 40 10 00

               7216 40 90 00

               7216 50 10 00

               7216 50 91 00

               7216 50 99 00

               7216 99 00 10

               7218 10 00 00

               7218 91 10 00 (2)

               7218 91 80 00 (3)

               7218 99 11 00

               7218 99 20 00

               7219 11 00 00

               7219 12 10 00

               7219 12 90 00

               7219 13 10 00

               7219 13 90 00

               7219 14 10 00

               7219 14 90 00

               7219 21 10 00

               7219 21 90 00

               7219 22 10 00

               7219 22 90 00

               7219 23 00 00

               7219 24 00 00

               7219 31 00 00

               7219 32 10 00

               7219 32 90 00

               7219 33 10 00

               7219 33 90 00

               7219 34 10 00

               7219 34 90 00

               7219 35 10 00

               7219 35 90 00

               7219 90 80 10

               7220 11 00 00

               7220 12 00 00

               7220 20 21 10

               7220 20 29 10

               7220 20 41 10

               7220 20 49 10

               7220 20 81 10

               7220 20 89 10

               7220 90 80 10

               7221 00 10 00

               7221 00 90 00

               7222 11 11 00

               7222 11 19 00

               7222 11 81 00

               7222 11 89 00

               7222 19 10 00

               7222 19 90 00

               7222 30 97 10

               7222 40 10 00

               7222 40 90 10

               7224 10 00 00

               7224 90 02 89

               7224 90 03 00

               7224 90 05 00

               7224 90 07 00

               7224 90 14 00

               7224 90 31 00

               7224 90 38 00

               7225 11 00 00

               7225 19 10 00

               7225 19 90 00

               7225 30 10 00

               7225 30 30 10

               7225 30 90 00

               7225 40 12 30

               7225 40 12 90

               7225 40 15 10

               7225 40 40 00

               7225 50 20 10

               7225 40 60 00

               7225 40 90 00

               7225 50 80 00

               7225 91 00 10

               7225 92 00 10

               7225 99 00 10

               7226 11 00 10

               7226 19 10 00

               7226 19 80 10

               7226 20 00 10

               7226 91 20 00

               7226 91 91 00

               7226 91 99 00

               7226 92 00 10

               7226 99 10 00

               7226 99 30 00

               7226 99 70 10

               7227 10 00 00

               7227 20 00 00

               7227 90 10 00

               7227 90 50 00

               7227 90 95 00

               7228 10 20 00

               7228 20 10 10

               7228 20 10 91

               7228 20 91 10

               7228 20 91 90

               7228 30 20 00

               7228 30 41 00

               7228 30 49 00

               7228 30 61 00

               7228 30 69 00

               7228 30 70 00

               7228 30 89 00

               7228 60 20 10

               7228 60 80 10

               7228 70 10 00

               7228 70 90 10

               7228 80 00 10

               7228 80 00 90

               7301 10 00 00

               7302 10 21 00

               7302 10 23 00

               7302 10 29 00

               7302 10 40 00

               7302 10 50 00

               7302 10 90 00

               7302 40 00 00 (4)

               7302 90 00 00 (5)

      (1)  Limited to ex–7204 90 08 and ex–7224 90 15 of former ECSC Treaty.

      (2)  Limited to ex–7218 91 11 of former ECSC Treaty.

      (3)  Limited to ex–7218 91 19 of former ECSC Treaty.

      (4)  Limited to ex–7304 40 10 of former ECSC Treaty.

      (5)  Limited to ex–7302 90 20 of former ECSC Treaty.
   ANNEX II
   SA Flat-rolled products

                  SA1. (coils)

               7208 10 00 00

               7208 25 00 00

               7208 26 00 00

               7208 27 00 00

               7208 36 00 00

               7208 37 00 10

               7208 37 00 90

               7208 38 00 10

               7208 38 00 90

               7208 39 00 10

               7208 39 00 90

               7211 14 00 10

               7211 19 00 10

               7219 11 00 00

               7219 12 10 00

               7219 12 90 00

               7219 13 10 00

               7219 13 90 00

               7219 14 10 00

               7219 14 90 00

               7225 30 10 00

               7225 30 30 10

               7225 30 90 00

               7225 40 15 10

               7225 50 20 10

                  SA2. (heavy plate)

               7208 40 00 10

               7208 51 20 10

               7208 51 20 91

               7208 51 20 93

               7208 51 20 97

               7208 51 20 98

               7208 51 91 00

               7208 51 98 10

               7208 51 98 91

               7208 51 98 99

               7208 52 10 00

               7208 52 91 00

               7208 52 99 00

               7208 53 10 00

               7211 13 00 00

               7225 40 12 30

               7225 40 40 00

               7225 40 60 00

               7225 99 00 10

                  SA3. (other flat rolled products)

               7208 40 00 90

               7208 53 90 00

               7208 54 00 00

               7208 90 80 10

               7209 15 00 00

               7209 16 10 00

               7209 16 90 00

               7209 17 10 00

               7209 17 90 00

               7209 18 10 00

               7209 18 91 00

               7209 18 99 00

               7209 25 00 00

               7209 26 10 00

               7209 26 90 00

               7209 27 10 00

               7209 27 90 00

               7209 28 10 00

               7209 28 90 00

               7209 90 80 10

               7210 11 00 10

               7210 12 20 10

               7210 12 80 10

               7210 20 00 10

               7210 30 00 10

               7210 41 00 10

               7210 49 00 10

               7210 50 00 10

               7210 61 00 10

               7210 69 00 10

               7210 70 10 10

               7210 70 80 10

               7210 90 30 10

               7210 90 40 10

               7210 90 80 91

               7211 14 00 90

               7211 19 00 90

               7211 23 20 10

               7211 23 30 10

               7211 23 30 91

               7211 23 80 10

               7211 23 80 91

               7211 29 00 10

               7211 90 80 10

               7212 10 10 00

               7212 10 90 11

               7212 20 00 11

               7212 30 00 11

               7212 40 20 10

               7212 40 20 91

               7212 40 80 11

               7212 50 20 11

               7212 50 30 11

               7212 50 40 11

               7212 50 61 11

               7212 50 69 11

               7212 50 90 13

               7212 60 00 11

               7212 60 00 91

               7219 21 10 00

               7219 21 90 00

               7219 22 10 00

               7219 22 90 00

               7219 23 00 00

               7219 24 00 00

               7219 31 00 00

               7219 32 10 00

               7219 32 90 00

               7219 33 10 00

               7219 33 90 00

               7219 34 10 00

               7219 34 90 00

               7219 35 10 00

               7219 35 90 00

               7225 40 12 90

               7225 40 90 00

         SB Longs

                  SB1. (beams)

               7216 31 10 00

               7216 31 90 00

               7216 32 11 00

               7216 32 19 00

               7216 32 91 00

               7216 32 99 00

               7216 33 10 00

               7216 33 90 00

                  SB2. (wire rod)

               7213 10 00 00

               7213 20 00 00

               7213 91 10 00

               7213 91 20 00

               7213 91 41 00

               7213 91 49 00

               7213 91 70 00

               7213 91 90 00

               7213 99 10 00

               7213 99 90 00

               7221 00 10 00

               7221 00 90 00

               7227 10 00 00

               7227 20 00 00

               7227 90 10 00

               7227 90 50 00

               7227 90 95 00

                  SB3. (other longs)

               7207 19 12 10

               7207 19 12 91

               7207 19 12 99

               7207 20 52 00

               7214 20 00 00

               7214 30 00 00

               7214 91 10 00

               7214 91 90 00

               7214 99 10 00

               7214 99 31 00

               7214 99 39 00

               7214 99 50 00

               7214 99 71 00

               7214 99 79 00

               7214 99 95 00

               7215 90 00 10

               7216 10 00 00

               7216 21 00 00

               7216 22 00 00

               7216 40 10 00

               7216 40 90 00

               7216 50 10 00

               7216 50 91 00

               7216 50 99 00

               7216 99 00 10

               7218 99 20 00

               7222 11 11 00

               7222 11 19 00

               7222 11 81 00

               7222 11 89 00

               7222 19 10 00

               7222 19 90 00

               7222 30 97 10

               7222 40 10 00

               7222 40 90 10

               7224 90 02 89

               7224 90 31 00

               7224 90 38 00

               7228 10 20 00

               7228 20 10 10

               7228 20 10 91

               7228 20 91 10

               7228 20 91 90

               7228 30 20 00

               7228 30 41 00

               7228 30 49 00

               7228 30 61 00

               7228 30 69 00

               7228 30 70 00

               7228 30 89 00

               7228 60 20 10

               7228 60 80 10

               7228 70 10 00

               7228 70 90 10

               7228 80 00 10

               7228 80 00 90

               7301 10 00 00

         ANNEX III
   QUANTITATIVE LIMITS

               (tonnes)

               Products

               2007

                  SA. Flat-rolled products

               SA1. Coils

               190 000

               SA2. Heavy plate

               390 000

               SA3. Other flat-rolled products

               140 000

                  SB. Long products

               SB1. Beams

               50 000

               SB2. Wire rod

               195 000

               SB3. Other long products

               355 000

      Note: SA and SB are the ‘categories’.
   SA1, SA2, SA3, SB1, SB2 and SB3 are the ‘product groups’.
   AGREED MINUTE
   In the context of this Agreement, the Parties agree that:

               —

               in pursuance of the exchange of information provided for in Article 4(1) concerning export licences and import authorisations 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 provided for in Article 5(2), the Government of Ukraine will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows, and

               —

               the Government of 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.

   DECLARATION No 1
   In the context of this Agreement, and more particularly Article 3 thereof, the 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 II to the Agreement which are intended for certain categories of ships, boats and other vessels and for drilling or production platforms for the purposes of their construction, repair, maintenance or conversion and in respect of goods intended for fitting to or equipping such ships, boats or other vessels.
   DECLARATION No 2
   The Parties agree that they shall not apply quantitative restrictions, customs duties, charges or any measures having equivalent effect on the export of ferrous scrap and waste under the EC Combined Nomenclature heading 7204.
   However, Ukraine is currently applying a tax on the exports of ferrous scrap of EUR 30 per tonne. The quantitative limits set out in Annex III of this Agreement take into account that tax. Ukraine is committed not to increase this tax. If Ukraine were to reduce or remove this tax on all ferrous scrap positions, the quantitative limits mentioned in Annex III would be increased accordingly up to 43 %. The increase of these quantitative limits would be directly proportional to the reduction of the levy.
   In case of removal or reduction of the EUR 30 export tax on the exports of certain ferrous scrap positions, e.g. shredded scrap, the Parties shall enter the consultations immediately in order to assess the increase of the quantitative limits set out in Annex III.
   DECLARATION No 3
   Both Parties aim at achieving complete liberalisation of trade in steel products. In this context, both Parties intend to terminate quantitative restrictions once Ukraine becomes a WTO member. They also recognise that it is an important condition for promoting trade between them that competition, state aid and environment provisions applicable within each Party must be compatible. To this end, and upon request from Ukraine authorities, the Community shall provide technical assistance within available budgetary means to help Ukraine to adopt and implement legislative provisions compatible with those adopted and applied by the Community. Such assistance shall be specified in projects to be agreed by both Parties and identifying clearly, inter alia, the objectives, the means and the calendar.
   DECLARATION No 4
   In the case Ukrainian operators were to set up service centres in the Community that would further process steel products set out in Annex II imported from Ukraine, Ukraine declares that it could request an increase of quantitative limits mentioned in Annex III. In this case, the Community shall examine such request of increase and the Parties will enter into consultations as soon as possible.
   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 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 organisations authorised for such purposes under Ukrainian legislation as to whether the products in question can be considered products originating in Ukraine.
   Article 3
   The certificate of origin shall be issued only on application in writing by the exporter or, under the exporter's responsibility, by his authorised representative. The Ukrainian organisations authorised 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
   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 III 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 III 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 importer shall present an export licence 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 authorisation.
   Article 11
   1.   The competent authorities of the Community shall issue the import authorisation referred to in Article 10 within 10 working days of the presentation by the importer of the original of the corresponding export licence.
   2.   The import authorisations 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 authorisation 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 III of the Agreement the Community authorities shall suspend the further issue of import authorisations 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(1) 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 × 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 standardised 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

                           BG

                           =

                           Bulgaria

                           CZ

                           =

                           Czech Republic

                           DK

                           =

                           Denmark

                           DE

                           =

                           Germany

                           EE

                           =

                           Estonia

                           EL

                           =

                           Greece

                           ES

                           =

                           Spain

                           FR

                           =

                           France

                           IE

                           =

                           Ireland

                           IT

                           =

                           Italy

                           CY

                           =

                           Cyprus

                           LV

                           =

                           Latvia

                           LT

                           =

                           Lithuania

                           LU

                           =

                           Luxembourg

                           HU

                           =

                           Hungary

                           MT

                           =

                           Malta

                           NL

                           =

                           Netherlands

                           AT

                           =

                           Austria

                           PL

                           =

                           Poland

                           PT

                           =

                           Portugal

                           RO

                           =

                           Romania

                           SI

                           =

                           Slovenia

                           SK

                           =

                           Slovakia

                           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. ‘7’ for 2007,

               —

               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 organisations authorised 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 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 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 authorised 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 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 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 Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2.
   4.   In pursuance of the cooperation referred to in paragraph 1, the competent authorities of the Community and Ukraine shall exchange any information considered by either 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.


title: Council Decision of 20 December 2010 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               25.2.2011

               EN

               Official Journal of the European Union

               C 60/10

         COUNCIL DECISION
   of 20 December 2010
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2011/C 60/06
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of Employees’ representatives,
   Having regard to the nominations submitted to the Council by the Commission in the category of Employers’ representatives,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A members’ seat on the Governing Board of the Centre in the category of Employees’ representatives has become vacant as a result of the resignation of Mr Zygmunt CYBULSKI.

               (3)

               Two members’ seats on the Governing Board of the Centre in the category of Employers’ representatives have become vacant as a result of the resignation of Mrs Galia BOZHANOVA (BG) and of Mr Jan Willem van den BRAAK (NL),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

                  REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS:

                           POLAND

                           :

                           Dr Gertruda WIECZOREK
                           OPZZ/Warszawa

                  REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS:

                           BULGARIA

                           :

                           Mrs Daniela SIMIDCHIEVA
                           Businesseurope

                           THE NETHERLANDS

                           :

                           Mr G.A.M. van der GRIND
                           Businesseurope

      Done at Brussels, 20 December 2010.

            For the Council

            The President

         J. SCHAUVLIEGE

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


title: 2007/46/EC: Decision of the European Central Bank of 15 December 2006 amending Decision ECB/2001/15 on the issue of euro banknotes ( ECB/2006/25 )

text:
               31.1.2007

               EN

               Official Journal of the European Union

               L 24/13

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 15 December 2006
   amending Decision ECB/2001/15 on the issue of euro banknotes
   (ECB/2006/25)
   (2007/46/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community and in particular Article 106(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 16 thereof,
   Whereas:

               (1)

               In view of the accession of Bulgaria and Romania to the European Union and their respective national central banks (NCBs) joining the European System of Central Banks (ESCB) on 1 January 2007, Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) establishes with effect from 1 January 2007 the new weightings assigned to the each NCB that will be a member of the ESCB on 1 January 2007 in the key for subscription to the European Central Bank’s (ECB’s) expanded capital.

               (2)

               Pursuant to Article 1 of Council Decision 2006/495/EC of 11 July 2006 in accordance with Article 122(2) of the Treaty on the adoption by Slovenia of the single currency on 1 January 2007 (2), the derogation in favour of Slovenia referred to in Article 4 of the 2003 Act of Accession (3) is abrogated with effect from 1 January 2007.

               (3)

               Article 1(d) of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (4) defines the ‘banknote allocation key’ and refers to the Annex to that Decision, which specifies the banknote allocation key applying from 1 May 2004. Given that new capital key weightings will apply from 1 January 2007 and that Slovenia will adopt the euro on that date, Decision ECB/2001/15 needs to be amended in order to determine the banknote allocation key applying from 1 January 2007,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendment to Decision ECB/2001/15
   Decision ECB/2001/15 is amended as follows:

               1.

               The final sentence of Article 1(d) is replaced by the following:
               ‘The Annex to this Decision specifies the banknote allocation key applying from 1 January 2007.’

               2.

               The Annex to Decision ECB/2001/15 is replaced by the text set out in the Annex to this Decision.

         Article 2
   Final provision
   This Decision shall enter into force on 1 January 2007.

      Done at Frankfurt am Main, 15 December 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  See page 1 of this Official Journal.

      (2)  OJ L 195, 15.7.2006, p. 25.

      (3)  OJ L 236, 23.9.2003, p. 33.

      (4)  OJ L 337, 20.12.2001, p. 52. Decision as last amended by Decision ECB/2004/9 (OJ L 205, 9.6.2004, p. 17).

      ANNEX
      BANKNOTE ALLOCATION KEY FROM 1 JANUARY 2007

                  European Central Bank

                  8,0000 %

                  Nationale Bank van België/Banque nationale de Belgique

                  3,2705 %

                  Deutsche Bundesbank

                  27,1610 %

                  Bank of Greece

                  2,4045 %

                  Banco de España

                  9,9925 %

                  Banque de France

                  19,0430 %

                  Central Bank and Financial Services Authority of Ireland

                  1,1760 %

                  Banca d'Italia

                  16,5840 %

                  Banque centrale du Luxembourg

                  0,2090 %

                  De Nederlandsche Bank

                  5,1535 %

                  Oesterreichische Nationalbank

                  2,6680 %

                  Banco de Portugal

                  2,2680 %

                  Banka Slovenije

                  0,4225 %

                  Suomen Pankki

                  1,6475 %

                  Total

                  100,0000 %


title: Council Decision of 23 August 1974 on the conclusion of the Agreement between the European Economic Community and Malta on the supply of common wheat as food aid

text:
2 . 10. 74                       Official Journal of the European Communities                   No L 266/ 19
                                             COUNCIL DECISION
                                               of 23 August 1974
           on the conclusion of the Agreement between the European Economic Community and
                               Malta on the supply of common wheat as food aid
                                                  (74/485/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof;
           Having regard to the recommendation from the Commission;
           Whereas the European Economic Community has concluded the 1971 Food Aid
           Convention;
           Whereas by its letter of 20 July 1973, Malta has requested food aid;
           Whereas in view of the cereal supply situation in Malta, that country should be
           accorded, by way of gift, 2 000 metric tons of common wheat under the Community
           food-aid programme for 1973/74,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and Malta on the supply
           of common wheat as food aid, the text of which is annexed to this Decision, is hereby
           concluded on behalf of the Community.
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement and to confer on them the necessary powers to bind the Com
           munity.
           Done at Brussels, 23 August 1974.
                                                                                For the Council
                                                                                The President
                                                                                B. DESTREMAU


title: 2009/161/EC: Council Decision of 25 September 2008 approving on behalf of the Community Annex 8 to the International Convention on the Harmonisation of Frontier Controls of Goods

text:
               27.2.2009

               EN

               Official Journal of the European Union

               L 55/21

      COUNCIL DECISION

   of 25 September 2008
   approving on behalf of the Community Annex 8 to the International Convention on the Harmonisation of Frontier Controls of Goods
   (2009/161/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the second subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The International Convention on the Harmonization of Frontier Controls of Goods, 1982 (‘the Convention’) was approved by Council Regulation (EEC) No 1262/84 (1).

               (2)

               Article 22 of the Convention, in conjunction with its Annex 7, provides that the Administrative Committee for the Convention can propose and adopt amendments to the Convention. These amendments are to be accepted unless a Contracting Party objects within 12 months of the communication by the United Nations of the proposed amendment to the Contracting Parties.

               (3)

               The United Nations Economic Commission for Europe (UN/ECE) Inland Transport Committee decided at its February 1999 session that the Convention should be revised to include provisions to facilitate the border crossing of vehicles.

               (4)

               The UN/ECE Working Party on Customs Questions affecting Transport subsequently produced draft proposals to add a new Annex 8 to the Convention in order to complement the existing provisions.

               (5)

               That Annex was adopted by the Administrative Committee for the Convention in October 2007 and as no objections were raised, the Annex took effect from 20 May 2008.

               (6)

               The purpose of Annex 8 to the Convention is to facilitate international trade by reducing, harmonising and coordinating procedures and paperwork in connection with the border control of goods, in particular live animals and perishable goods. Annex 8 also aims at improving the operation of border crossing points, as well as technical matters relating to the mutual recognition of international vehicle inspection and weight certificates.

               (7)

               The facilitation of international trade and the removal of technical obstacles to trade is an objective of the common commercial policy and thus falls under the exclusive competence of the Community.

               (8)

               The Community position concerning the proposed amendment of the Convention was approved on July 2005.

               (9)

               Therefore, the amendment to the Convention should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Annex 8 to the International Convention on the Harmonization of Frontier Controls of Goods is hereby approved on behalf of the Community.
   The text of that Annex is attached to this Decision.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 September 2008.

            For the Council

            The President

         L. CHATEL

      (1)  OJ L 126, 12.5.1984, p. 1.

      ANNEX 8 TO THE INTERNATIONAL CONVENTION ON THE HARMONISATION OF FRONTIER CONTROLS OF GOODS
      FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL ROAD TRANSPORT
      Article 1
      Principles
      Complementing the provisions of the Convention and in particular those provided in Annex 1, the present Annex intends to define the measures that need to be implemented in order to facilitate border crossing procedures for international road transport.
      Article 2
      Facilitation of visa procedures for professional drivers
      1.   The Contracting Parties should endeavour to facilitate the procedures for the granting of visas for professional drivers engaged in international road transport in accordance with national best practice for all visa applicants and national immigration rules as well as international commitments.
      2.   The Contracting Parties agree to regularly exchange information on best practices with regard to the facilitation of visa procedures for professional drivers.
      Article 3
      International road transport operations
      1.   In order to facilitate the international movement of goods, the Contracting Parties shall regularly inform all parties involved in international transport operations in a harmonised and coordinated manner on border control requirements for international road transport operations in force or planned as well as on the actual situation at borders.
      2.   Contracting Parties shall endeavour to transfer, to the extent possible and not only for transit traffic, all necessary control procedures to the places of departure and destination of the goods transported by road so as to alleviate congestion at the border crossing points.
      3.   Referring in particular to Article 7 of this Convention, priority shall be given to urgent consignments, e.g. live animals and perishable goods. In particular, the competent services at border crossing points:

                  (i)

                  shall take the necessary measures to minimise waiting times for ATP-approved vehicles transporting perishable foodstuffs or for vehicles transporting live animals, as from their time of arrival at the frontier until their regulatory, administrative, Customs and sanitary controls;

                  (ii)

                  shall ensure that the required controls mentioned under (i) are carried out as quickly as possible;

                  (iii)

                  shall allow, as far as possible, the operation of the necessary refrigerating units of vehicles carrying perishable foodstuffs during the time of crossing the border, unless this is impossible as a result of the required control procedure;

                  (iv)

                  shall cooperate, in particular through advance information exchange, with their counterparts in other Contracting Parties in order to accelerate border crossing procedures for perishable foodstuffs and live animals, in case these loads are subject to sanitary inspections.

            Article 4
      Vehicle inspection
      1.   The Contracting Parties, not yet Parties to the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), should endeavour, in line with relevant national and international laws and regulations, to facilitate the crossing of road vehicles across borders by accepting the International Technical Inspection Certificate as provided for in this Agreement. The Technical Inspection Certificate, as contained in the Agreement as of 1 January 2004, is contained in Appendix 1 to this Annex.
      2.   With a view to identifying ATP-approved vehicles carrying perishable foodstuffs, the Contracting Parties may utilise the distinguishing marks affixed to the relevant equipment and the ATP certificate or plate of approval provided for in the Agreement on the International Carriage of Perishable Foodstuffs and the Special Equipment to be used for such Carriage (1970).
      Article 5
      International Vehicle Weight Certificate
      1.   In order to accelerate border crossings, the Contracting Parties, in line with relevant national and international laws and regulations, should endeavour to avoid repetitive vehicle weighing procedures at border crossings by accepting and mutually recognising the International Vehicle Weight Certificate as contained in Appendix 2 to this Annex. In case the Contracting Parties accept such certificates, no further weight measurements shall be carried out apart from random checks and controls in the case of supposed irregularities. Vehicle weight measurements recorded in such certificates shall take place only in the country of origin of international transport operations. The results of such measurements shall be duly reflected and certified in such certificates.
      2.   Each Contracting Party, accepting the International Vehicle Weight Certificate, shall publish a list of all weighing stations in their country authorised in accordance with international principles as well as any modification thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.
      3.   The minimum requirements for authorised weighing stations, the principles of authorisation and the basic features of weighing procedures to be applied are contained in Appendix 2 to this Annex.
      Article 6
      Border crossing points
      In order to ensure that the required formalities at border crossing points are streamlined and accelerated, the Contracting Parties shall meet, as far as possible, the following minimum requirements for border crossing points open for international goods traffic:

                  (i)

                  facilities enabling joint controls between neighbouring States (one-stop technology), 24 hours a day, whenever justified by trade needs and in line with road traffic regulations;

                  (ii)

                  separation of traffic for different types of traffic on both sides of the border allowing to give preference to vehicles under the cover of valid international Customs transit documents or carrying live animals or perishable foodstuffs;

                  (iii)

                  off-lane control areas for random cargo and vehicle checks;

                  (iv)

                  appropriate parking and terminal facilities;

                  (v)

                  proper hygiene, social and telecommunications facilities for drivers;

                  (vi)

                  encourage forwarding agents to establish adequate facilities at border crossings with the intention that they can offer services to transport operators on a competitive basis.

            Article 7
      Reporting mechanism
      With regard to Articles 1 to 6 of this Annex, the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) shall carry out, every second year, a survey among Contracting Parties on progress made to improve border crossing procedures in their countries.

         Appendix 1 to Annex 8 to the Convention
         INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE (1)

         In accordance with the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), entered into force on 27 January 2001.

                     1.

                     Accredited Technical Inspection Centres are responsible for conducting the inspection tests, granting the approval of compliance with the inspection requirements of the relevant rule(s) annexed to the 1997 Vienna Agreement, and specifying the latest date of next inspection to be indicated in line No 12.5 of the International Technical Inspection Certificate, the model of which is reproduced hereafter.

                     2.

                     The International Technical Inspection Certificate shall contain the information indicated hereafter. It may be a booklet in format A6 (148 × 105 mm), with a green cover and white inside pages, or a sheet of green or white paper of format A4 (210 × 197) folded to format A6 in such a way that the section containing the distinguishing sign of the State or of the United Nations forms the top of the folded certificate.

                     3.

                     Items of the certificate and their content shall be printed in the national language of the issuing Contracting Party by maintaining the numbering.

                     4.

                     The periodical inspection reports which are in use in the Contracting Parties to the Agreement may be used as an alternative. A sample of them shall be transmitted to the Secretary-General of the United Nations for information to the Contracting Parties.

                     5.

                     Handwritten, typed or computer generated entries on the International Technical Inspection Certificate to be made exclusively by the competent authorities, shall be in Latin characters.

            (1)  As of 1 January 2004.

         Appendix 2 to Annex 8 to the Convention
         INTERNATIONAL VEHICLE WEIGHT CERTIFICATE

                     1.

                     The objective of the International Vehicle Weight Certificate (IVWC) is to facilitate border crossing procedures and, in particular, to avoid repetitive weight measurements of goods road vehicles en route in the Contracting Parties. Duly filled-in certificates, accepted by the Contracting Parties, shall be accepted as bearing valid weight measurements by the competent authorities of Contracting Parties. Competent authorities shall refrain from requiring additional weight measurements apart from random checks and controls in the case of supposed irregularities.

                     2.

                     The International Vehicle Weight Certificate, which shall conform to the model reproduced below in this Appendix, shall be issued and used under the supervision of a designated Governmental authority in each Contracting Party accepting such certificates in line with the procedure described in the annexed certificate.

                     3.

                     The use of the certificate by transport operators is optional.

                     4.

                     The Contracting Parties, accepting such certificates, shall approve authorised weighing stations to fill in, together with the operator/driver of the goods road vehicle, the International Vehicle Weight Certificate in accordance with the following minimum requirements:

                                 (a)

                                 Weighing stations shall be equipped with certified weighing instruments. For performing the weight measurements, the Contracting Parties accepting such certificates may select the method and instruments they consider appropriate. The Contracting Party accepting such certificates shall ensure the competence of the weighing stations by, for example, an accreditation or assessment process and shall ensure to use of appropriate weighing instruments, the deployment of qualified personnel, and the existence of properly documented quality control systems and testing procedures.

                                 (b)

                                 The weighing stations and their instruments shall be well maintained. The instruments shall be regularly verified and sealed by the relevant authorities responsible for weights and measures. The weighing instruments, their maximum permissible errors and usage shall comply with the Recommendations established by the International Organisation for Legal Metrology (OIML).

                                 (c)

                                 Weighing stations shall be equipped with weighing instruments corresponding to either:

                                             —

                                             OIML Recommendation R 76 ‘Non-automatic weighing instruments’ accuracy Class III or better,

                                             —

                                             OIML Recommendation R 134 ‘Automatic instruments for weighing road vehicles in motion’, accuracy Classes 2, or better, higher error values may apply in case of individual axle weight measurements.

                     5.

                     In exceptional cases and, particularly when irregularities are suspected, or at the demand of the transport operator/driver of the respective road vehicle, the competent authorities may re-weigh the vehicle. In case a weighing station produces several mistaken measurements, observed by the control authorities in a Contracting Party accepting such certificates, the competent authorities of the country of the weighing station shall take appropriate measures in order to ensure that such events will not occur again.

                     6.

                     The model of the certificate may be reproduced in any of the languages of the Contracting Parties accepting such certificates provided that the layout of the certificate and the placing of the items therein are not modified.

                     7.

                     Each Contracting Party accepting such certificates, shall publish a list of all weighing stations in their countries authorised in accordance with international principles as well as any modifications thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.

                     8.

                     (Transitional provision) Since only very few weighing stations are equipped at present with weighing instruments able to provide individual axle weight or axle group measurements, the Contracting Parties, accepting such certificates agree that, during a transitional period, expiring 12 months following the entry into force of this Annex, gross vehicle weight measurements as provided for under item 7.3 in the International Vehicle Weight Certificate shall be sufficient and shall be accepted by the competent national authorities.

            ATTACHMENT

            to the INTERNATIONAL VEHICLE WEIGHT CERTIFICATE (IVWC)

            Sketches of types of goods road vehicles as required under item 7.1 of the IVWC

                        No

                        Goods road vehicles

                        Vehicle Type

                     * means first alternative axle configuration
                     ** means second alternative axle configuration

                        Distance between axles (m)
                         (1)

               I.   RIGID VEHICLES

                        1

                        A2

                        D < 4.0

                        2

                        A2*

                        D ≥ 4.0

                        3

                        A3

                        4

                        A4

                        5

                        A3*

                        6

                        A4*

                        7

                        A5

               II.   COMBINATION OF VEHICLES

                        1

                        A2 T2

                        2

                        A2 T3

                        3

                        A3 T2

                        4

                        A3 T3

                        5

                        A3 T3*

                        6

                        A2 C2

                        7

                        A2 C3

                        8

                        A3 C2

                        9

                        A3 C3

                        10

                        A2 C1

                        11

                        A3 C1

               III.   ARTICULATED VEHICLES

                        1

                     with 3 axles

                        A2 S1

                        2

                     with 4 axles (single or tandem)

                        A2 S2

                        D ≤ 2.0

                        A2 S2*

                        D > 2.0

                        A3 S1

                        3

                     With 5 or 6 axles (single, tandem, triple)

                        A2 S3

                        A2 S3*

                        A2 S3**

                        A3 S2

                        D ≤ 2.0

                        A3 S2*

                        D > 2.0

                        A3 S3

                        A3 S3*

                        A3 S3**

                        Without sketch

                        An Sn

            (1)  No specification is given if not relevant


Avis juridique important

|

31995D0442

95/442/EC: Council Decision of 23 October 1995 providing further macro-financial assistance for Ukraine

Official Journal L 258 , 28/10/1995 P. 0063 - 0064

COUNCIL DECISION of 23 October 1995 providing further macro-financial  assistance for Ukraine (95/442/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission  (1) submitted after consulting the Monetary  Committee, Having regard to the opinion of the European Parliament  (2), Whereas Ukraine is undertaking fundamental political and economic reforms and is making substantial  efforts to implement a market economy model; Whereas Ukraine and the European Union have signed a Partnership and Cooperation Agreement which  will help the development of a full cooperation relationship; Whereas the authorities of Ukraine have requested financial assistance from the International  Financial Institutions, the Community and other bilateral donors; Whereas Ukraine has agreed with the International Monetary Fund (IMF) on a 'stand-by arrangement`  and a second purchase under the 'systemic transformation facility` supporting Ukraine's  comprehensive stabilization and reform programme; whereas these facilities amounting to  approximately US $ 1,9 billion were approved by the IMF Board on 7 April 1995; whereas policy based  loans to Ukraine of approximately US $ 600 million are also expected from the World Bank in 1995; Whereas, over and above the estimated financing which could be provided by the IMF and the World  Bank, a residual financing gap of US $ 3,4 billion remains to be covered in 1995 in order to  support the policy objectives attached to the government's reform effort; whereas after  rescheduling of Ukrainian debts towards Russia and Turkmenistan, this gap is reduced to US $ 900  million; whereas substantial contributions are also expected from the United States and Japan; Whereas by Decision 94/940/EC  (3), the Council approved macro-financial assistance for Ukraine of  up to ECU 85 million; whereas, however, further official support is required in order to support  the balance of payments, consolidate the reserve position and facilitate the necessary structural  adjustment of that country; Whereas the Ukrainian authorities are committed to pursuing the prompt implementation of the plan  for the closure of the Chernobyl nuclear power plant by the year 2000, in accordance with the  modalities supported by the Group of Seven and the European Union; Whereas an additional Community long-term loan to Ukraine is an appropriate measure to help easing  the country's external financial constraints; Whereas the Community loan should be managed by the Commission; Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of  Article 235, HAS DECIDED AS FOLLOWS: Article 1 1.  The Community shall make available to Ukraine a long-term loan  facility of a maximum principal amount of ECU 200 million with a maximum maturity of ten years,  with a view to ensuring a sustainable balance-of-payments situation, strengthening the country's  reserve position and facilitating the implementation of the necessary structural reforms. 2.  To this end, the Commission is empowered to borrow, on behalf of the Community, the necessary  resources that will be placed at the disposal of Ukraine in the form of a loan. 3.  This loan will be managed by the Commission in close consultation with the Monetary Committee  and in a manner consistent with any agreement reached between the IMF and Ukraine. Article 2 1.  The Commission is empowered to agree with the Ukrainian authorities, after  consulting the Monetary Committee, the economic policy conditions attached to the loan. These  conditions shall be consistent with the agreements referred to in Article 1 (3). 2.  The Commission shall verify at regular intervals, in collaboration with the Monetary Committee  and in close coordination with the IMF, that the economic policy in Ukraine is in accordance with  the objectives of this loan and that its conditions are being fulfilled. Article 3 1.  The loan shall be made available to Ukraine in two instalments. The first  instalment of an amount of ECU 100 million shall not be released before one quarter after the  release of the ECU 85 million loan approved by Decision 94/940/EC, subject to Article 2 and to  progress in Ukraine's application of the 'stand-by arrangement` agreed with the IMF. 2.  Subject to Article 2, the second instalment shall be released on the basis of a satisfactory  continuation of the 'stand-by arrangement` and not before one quarter after the release of the  first instalment. 3.  The funds shall be paid to the National Bank of Ukraine. Article 4 1.  The borrowing and lending operations referred to in Article 1 shall be carried out  using the same value date and must not involve the Community in the transformation of maturities,  in any exchange or interest rate risk, or in any other commercial risk. 2.  The Commission shall take the necessary steps, if Ukraine so requests, to ensure that an early  repayment clause is included in the loan terms and conditions and that it may be exercised. 3.  At the request of Ukraine, and where circumstances permit an improvement in the interest rate  on the loans, the Commission may refinance all or part of its initial borrowings or restructure the  corresponding financial conditions. Refinancing or restructuring operations shall be carried out in  accordance with the conditions set out in paragraph 1 and shall not have the effect of extending  the average maturity of the borrowing concerned or increasing the amount, expressed at the current  exchange rate, of capital outstanding at the date of the refinancing or restructuring. 4.  All related costs incurred by the Community in concluding and carrying out the operation under  this Decision shall be borne by Ukraine. 5.  The Monetary Committee shall be kept informed of developments in the operations referred to in  paragraphs 2 and 3 at least once a year. Article 5 At least once a year the Commission shall address to the European Parliament and to the  Council a report, which will include an evaluation, on the implementation of this Decision. Done at Luxembourg, 23 October 1995. For the Council The President P. SOLBES MIRA