title: 2005/638/EC: Council Decision of 12 July 2005 concerning the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products

text:
               8.9.2005

               EN

               Official Journal of the European Union

               L 232/42

         COUNCIL DECISION
   of 12 July 2005
   concerning the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products
   (2005/638/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)

               Article 22(1) of the Partnership and Cooperation Agreement provides that trade in certain steel products shall be governed by Title III, save for Article 14 thereof, and by the provisions of an Agreement.

               (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 to 31 December 2004. A new Agreement covering the period to 31 December 2006 has been negotiated between the Parties.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Ukraine concerning trade in certain steel products is hereby approved on behalf of the Community.
   The text of the Agreement is annexed 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, 12 July 2005.

            For the Council

            The President

         G. BROWN

      (1)  OJ L 49, 19.2.1998, p. 3.
    ---documentbreak---

               8.9.2005

               EN

               Official Journal of the European Union

               L 232/43

         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 between the European Communities and their Member States and Ukraine, 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 an Agreement which is therefore appropriate to replace with a further 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 steel products as set out in Annex I originating in Ukraine and the Community.
   2.   Trade in steel products as 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 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 2005

            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. The Government of 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 subject to the consent of both Parties. 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. At the start of the following calendar year, the quantitative limits shall be those shown at Annex III, without prejudice to the provisions of paragraph 3. 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 competent authorities by the 28th of each month of the import authorisations issued during the preceding month;

               —

               the Ukrainian competent 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 3, 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 3, shall be carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.
   6.   Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that 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 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.
   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.   The Government of 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 competent 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 competent 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 be applicable until
            31 December 2006

            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.
   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, this 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 WTO before the expiration of this Agreement, this 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 annexed to this Agreement shall form an integral part thereof.
   Article 11
   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic.

      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüsselis
      Έγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addi'
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmul fi Brussel,
      Gedaan te Brussel,
      Sporządzono w Brukseli, dnia
      Feito em Bruxelas,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den
      Вчінено в м.

         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
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         За Eвропейське Спивтоваріство

         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-Ukrajna
         Voor de regering van Oekraïne
         W imieniu Rządu Ukrainy
         Pelo Governo da Ucrânia
         Za vládu Ukrajiny
         Za Vlado Ukrajine
         Ukrainan hallituksen puolesta
         För Ukrainas regering
         За Уряд Украйні

   ANNEX I

               7201101100

               7201101900

               7201103000

               7201109000

               7201200000

               7201501000

               7201509000

               7202112000

               7202118000

               7202991010

               7203100000

               7203900000

               7204100000

               7204211000

               7204219000

               7204290000

               7204300000

               7204411000

               7204419100

               7204419900

               7204491000

               7204493000

               7204499000

               7204500000

               7206100000

               7206900000

               7207111100

               7207111400

               7207111600

               7207121000

               7207191210

               7207191291

               7207191299

               7207198010

               7207201100

               7207201500

               7207201700

               7207203200

               7207205200

               7207208010

               7208100000

               7208250000

               7208260000

               7208270000

               7208360000

               7208370010

               7208370090

               7208380010

               7208380090

               7208390010

               7208390090

               7208400010

               7208400090

               7208512010

               7208512091

               7208512093

               7208512097

               7208512098

               7208519100

               7208519810

               7208519891

               7208519899

               7208521000

               7208529100

               7208529900

               7208531000

               7208539000

               7208540000

               7208900010

               7209150000

               7209161000

               7209169000

               7209171000

               7209179000

               7209181000

               7209189100

               7209189900

               7209250000

               7209261000

               7209269000

               7209271000

               7209279000

               7209281000

               7209289000

               7209900010

               7210110010

               7210122010

               7210128010

               7210200010

               7210300010

               7210410010

               7210490010

               7210500010

               7210610010

               7210690010

               7210701010

               7210708010

               7210903010

               7210904010

               7210908091

               7211130000

               7211140010

               7211140090

               7211190010

               7211190090

               7211232010

               7211233010

               7211233091

               7211238010

               7211238091

               7211290010

               7211900011

               7212101000

               7212109011

               7212200011

               7212300011

               7212402010

               7212402091

               7212408011

               7212502011

               7212503011

               7212504011

               7212506111

               7212506911

               7212509013

               7212600011

               7212600091

               7213100000

               7213200000

               7213911000

               7213912000

               7213914100

               7213914900

               7213917000

               7213919000

               7213991000

               7213999000

               7214200000

               7214300000

               7214911000

               7214919000

               7214991000

               7214993100

               7214993900

               7214995000

               7214997100

               7214997900

               7214999500

               7215900010

               7216100000

               7216210000

               7216220000

               7216311010

               7216311090

               7216319000

               7216321100

               7216321900

               7216329100

               7216329900

               7216331000

               7216339000

               7216401000

               7216409000

               7216501000

               7216509100

               7216509900

               7216990010

               7218100000

               7218911000

               7218918000

               7218991100

               7218992000

               7219110000

               7219121000

               7219129000

               7219131000

               7219139000

               7219141000

               7219149000

               7219211000

               7219219000

               7219221000

               7219229000

               7219230000

               7219240000

               7219310000

               7219321000

               7219329000

               7219331000

               7219339000

               7219341000

               7219349000

               7219351000

               7219359000

               7219900010

               7220110000

               7220120000

               7220202110

               7220202910

               7220204110

               7220204910

               7220208110

               7220208910

               7220900011

               7220900031

               7221001000

               7221009000

               7222111100

               7222111900

               7222118100

               7222118900

               7222191000

               7222199000

               7222309710

               7222401000

               7222409010

               7224100000

               7224900200

               7224900300

               7224900500

               7224900700

               7224901400

               7224903100

               7224903800

               7225110000

               7225191000

               7225199000

               7225200010

               7225300000

               7225401230

               7225401290

               7225404000

               7225406000

               7225409000

               7225500000

               7225910010

               7225920010

               7225990010

               7226110010

               7226191000

               7226198010

               7226200010

               7226912000

               7226919100

               7226919900

               7226920010

               7226930010

               7226940010

               7226990010

               7227100000

               7227200000

               7227901000

               7227905000

               7227909500

               7228102000

               7228201010

               7228201091

               7228209110

               7228209190

               7228302000

               7228304100

               7228304900

               7228306100

               7228306900

               7228307000

               7228308900

               7228602010

               7228608010

               7228701000

               7228709010

               7228800010

               7228800090

               7301100000

               7302102100

               7302102300

               7302102900

               7302104000

               7302105000

               7302109000

               7302400000

         ANNEX II
   SA Flat-rolled products
   SA1. (coils)

               7208100000

               7208250000

               7208260000

               7208270000

               7208360000

               7208370010

               7208370090

               7208380010

               7208380090

               7208390010

               7208390090

               7211140010

               7211190010

               7219110000

               7219121000

               7219129000

               7219131000

               7219139000

               7219141000

               7219149000

               7225200010

               7225301000

               7225309000

         SA2. (heavy Plate)

               7208400010

               7208512010

               7208512091

               7208512093

               7208512097

               7208512098

               7208519110

               7208519190

               7208519810

               7208519891

               7208519899

               7208529110

               7208529190

               7208521000

               7208529900

               7208531000

               7211130000

               7225401230

               7225404000

               7225406000

               7225990010

         SA3. (other flat rolled products)

               7208400090

               7208539000

               7208540000

               7208900010

               7209150000

               7209161000

               7209169000

               7209171000

               7209179000

               7209181000

               7209189100

               7209189900

               7209250000

               7209261000

               7209269000

               7209271000

               7209279000

               7209281000

               7209289000

               7209900010

               7210110010

               7210122010

               7210128010

               7210200010

               7210300010

               7210410010

               7210490010

               7210500010

               7210610010

               7210690010

               7210701010

               7210708010

               7210903010

               7210904010

               7210908091

               7211140090

               7211190090

               7211232010

               7211233010

               7211233091

               7211238010

               7211238091

               7211290010

               7211900011

               7212101000

               7212109011

               7212200011

               7212300011

               7212402010

               7212402091

               7212408011

               7212502011

               7212503011

               7212504011

               7212506111

               7212506911

               7212509013

               7212600011

               7212600091

               7219211000

               7219219000

               7219221000

               7219229000

               7219230000

               7219240000

               7219310000

               7219321000

               7219329000

               7219331000

               7219339000

               7219341000

               7219349000

               7219351000

               7219359000

               7225401290

               7225409000

         SB Longs
   SB1. (beams)

               7207198010

               7207208010

               7216311010

               7216311090

               7216319000

               7216321100

               7216321900

               7216329100

               7216329900

               7216331000

               7216339000

         SB2. (wire rod)

               7213100000

               7213200000

               7213911000

               7213912000

               7213914100

               7213914900

               7213917000

               7213919000

               7213991000

               7213999000

               7221001000

               7221009000

               7227100000

               7227200000

               7227901000

               7227905000

               7227909500

         SB3. (other longs)

               7207191210

               7207191291

               7207191299

               7207205200

               7214200000

               7214300000

               7214911000

               7214919000

               7214991000

               7214993100

               7214993900

               7214995000

               7214997110

               7214997190

               7214997910

               7214997990

               7214999510

               7214999590

               7215900010

               7216100000

               7216210000

               7216220000

               7216401000

               7216409000

               7216501000

               7216509100

               7216509900

               7216990010

               7218992000

               7222111100

               7222111900

               7222118110

               7222118190

               7222118910

               7222118990

               7222191000

               7222199000

               7222309710

               7222401000

               7222409010

               7224900289

               7224903100

               7224903800

               7228102000

               7228201010

               7228201091

               7228209110

               7228209190

               7228302000

               7228304100

               7228304900

               7228306100

               7228306900

               7228307000

               7228308900

               7228602010

               7228608010

               7228701000

               7228709010

               7228800010

               7228800090

               7301100000

         ANNEX III
   QUANTITATIVE LIMITS

               (tonnes)

               Products

               2005

               2006

               SA. Flat-rolled products

               SA1. Coils

               150 000

               153 750

               SA2. Heavy plate

               348 000

               356 700

               SA3. Other flat-rolled products

               97 000

               99 425

               SB. Long products

               SB1. Beams

               30 000

               30 750

               SB2. Wire rod

               125 000

               128 125

               SB3. Other long products

               230 000

               235 750

                  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 the 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, the Government of 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 the competent authorities of Ukraine of any changes in the combined nomenclature 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 days 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 of the Agreement 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 authorised Ukrainian organisations 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 authorised Ukrainian organisations 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.
   TTITLE 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 means of 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 ten 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 competent 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 block letters.
   These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked ‘original’ and the other copies ‘copies’. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.
   2.   Each document shall bear a 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

                           =

                           Ukraine

               —

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

                           BE

                           =

                           Belgium

                           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

                           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. ‘5’ for 2005,

               —

               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 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
   The competent authorities of 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. The competent authorities of 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.
   4.   The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 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).
   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. The competent authorities of 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.


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31988D0597

88/597/EEC: Council Decision of 21 November 1988 on the conclusion of a Protocol on financial cooperation between the European Economic Community and the State of Israel

Official Journal L 327 , 30/11/1988 P. 0051 - 0051 Finnish special edition: Chapter 11 Volume 14 P. 0184  Swedish special edition: Chapter 11 Volume 14 P. 0184

COUNCIL DECISIONof 21 November 1988on the conclusion of a Protocol on financial cooperation  between the European Economic Community and the State of Israel(88/597/EEC)THE  COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  238 thereof, Having regard to the recommendation from the Commission, Having regard to the assent of the European Parliament (1), Whereas the Protocol on financial cooperation between the European Economic Community and the State  of Israel should be approved, HAS DECIDED AS FOLLOWS: Article 1The Protocol on financial cooperation between the European Economic  Community and the State of Israel is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2The President of the Council shall give the notification provided for in Article 13 (1)  of the Protocol (2). Article 3This Decision shall enter into force on the day following its publication in the  Official Journal of the European Communities. Done at Brussels, 21 November 1988. For the CouncilThe PresidentTh. PANGALOSEWG:L327UMBE19.96FF: 7UEN;   SETUP: 01;   Hoehe: 450  mm;   36 Zeilen;   1291 Zeichen; Bediener: JUTT   Pr.: C; Kunde:                                 (1) OJ N° C 290, 14. 11. 1988. (2) See p. 56 of this Official Journal.


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31996D0091

96/91/EC: Council Decision of 22 January 1996 concerning the approval of the amendment to Article VII of the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts

Official Journal L 021 , 27/01/1996 P. 0069 - 0070

COUNCIL DECISION of 22 January 1996 concerning the approval of the amendment to Article VII of the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts (96/91/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43, in conjunction with the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts, signed in Gdansk on 13 September 1973, was amended by the Protocol to the Conference of the representatives of the State Parties to the Convention, signed in Warsaw on 11 November 1982;Whereas the Community acceded to the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts on 18 March 1984 (3);Whereas negotiations have taken place during the 20th Session of the International Baltic Sea fishery Commission with a view to amending Article VII of that Convention, to establish a closer link between the financial contributions of the Contracting Parties and the size of the fishery resources allocated to them pursuant to the Convention;Whereas the proposed amendment will enter into force 90 days after the Depository Government has received notification of acceptance of that amendment from all Contracting Parties;Whereas, in the light of the fishing possibilities accruing to the Community under the Convention, it is in the Community's interest to approve the proposed amendment,HAS DECIDED AS FOLLOWS:Article 1 The amendment to Article VII of the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts is hereby approved by the Community.The text of the amendment is annexed to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to notify the Depository Government of the Community's approval in accordance with Article XVI of the Convention.Done at Brussels, 22 January 1996.For the CouncilThe PresidentW. LUCCHETTI(1) OJ No C 252, 28. 9. 1995, p. 8.(2) Opinion delivered on 15 December 1995 (not yet published in the Official Journal).(3) OJ No L 237, 26. 8. 1983, p. 4.


title: Decision No S7 of 22 December 2009 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               27.4.2010

               EN

               Official Journal of the European Union

               C 107/8

         DECISION No S7
   of 22 December 2009
   concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 107/05
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72 (a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 (2),
   Having regard to Articles 87 to 91 of Regulation (EC) No 883/2004,
   Having regard to Article 64(7) and Articles 93 to 97 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               Regulations (EC) Nos 883/2004 and 987/2009 enter into force on 1 May 2010 and Regulations (EEC) Nos 1408/71 and 574/72 shall be repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.

               (2)

               It is necessary to clarify the determination of debtor and creditor Member State in situations where benefits in kind were provided or authorised under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursements of costs for these benefits are settled after Regulations (EC) Nos 883/2004 and 987/2009 enter into force, in particular where the competence for bearing of the costs changes under the new Regulations.

               (3)

               It is necessary to clarify which procedure for reimbursement shall be applied in situations where benefits in kind were provided under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursement procedure takes place after the date of entry into force of Regulations (EC) Nos 883/2004 and 987/2009.

               (4)

               Paragraph 5 of Decision No H1 clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.

               (5)

               Provisions of paragraph 4 of Decision S1 and paragraph 2 of Decision No S4 lay down the general principles on the responsibility for the costs of benefits provided on the basis of a valid European Health Insurance Card (EHIC) which should also apply in transitional situations.

               (6)

               Under Article 62 and 63 of Regulation (EC) No 987/2009 those Member States that are not listed in Annex 3 of Regulation (EC) No 987/2009 shall reimburse benefits in kind supplied to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family on the basis of actual expenditure as from 1 May 2010.

               (7)

               The costs of benefits in kind provided under Articles 19(1), 20(1) and Article 27(1) and 27(3) of Regulation (EC) No 883/2004 shall be borne by the competent institution responsible for the costs of benefits in kind provided to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family in their Member State of residence.

               (8)

               Under Article 64(7) of Regulation (EC) No 987/2009 Member States listed in Annex 3 may after 1 May 2010 continue to apply for five years Articles 94 and 95 of Regulation (EEC) No 574/72 for the calculation of the fixed amounts.

               (9)

               The Regulation (EC) No 987/2009 introduces new procedures for reimbursements of healthcare costs with the aim of speeding up the refunds between Member States and preventing a build-up of claims which remain unsettled for longer periods of time.

               (10)

               There is a need for transparency and guidance for the institutions in the situations referred above to ensure unified and coherent application of Community provisions.

         Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,
   HAS DECIDED AS FOLLOWS:
   I.   Transitional arrangements for determining the Member State responsible for bearing the costs of scheduled treatment and necessary care with regard to the change in competence under Regulation (EC) No 883/2004

               1.

               If a treatment was supplied to a person before 1 May 2010, the competence for bearing the person's costs shall be determined in accordance with the provisions of Regulation (EEC) No 1408/71.

               2.

               If a person was authorised to go to the territory of another Member State to receive there the treatment appropriate to his/her condition (scheduled treatment) under Regulations (EEC) Nos 1408/71 and 574/72 and the treatment is provided partly or entirely after 30 April 2010, the costs of the entire treatment shall be borne by the institution which granted the authorisation.

               3.

               If a treatment started to be supplied to a person under Article 22(3)(a) or Article 31(1)(a) of Regulation (EEC) No 1408/71, the costs of such treatment should be borne in accordance with provisions of these Articles even if the competence for bearing the person's costs has changed according to the provisions of Regulation (EC) No 883/2004. Nevertheless, if the treatment continues after 31 May 2010, the costs incurred after that date shall be borne by the institution competent under Regulation (EC) No 883/2004.

               4.

               If a treatment was provided under Article 19(1) or 27(1) of Regulation (EC) No 883/2004 after 30 April 2010 on basis of valid EHIC issued before 1 May 2010, the claim for the reimbursement of the costs of such treatment cannot be rejected on the grounds that the competence for persons’ healthcare costs has changed according to the provisions of Regulation (EC) No 883/2004.
               An institution which is obliged to refund the cost of benefits provided on the basis of an EHIC may request that the institution with which the person was rightly registered at the time of the award of the benefits shall refund the cost of those benefits to the first institution, or if the person was not entitled to use the EHIC, settle the matter with the person concerned.

         II.   Transitional arrangements for calculation of Average costs

               1.

               The method of calculation of Average costs for years up to and including 2009 shall be subject to provisions of Articles 94 and 95 of Regulation (EEC) No 574/72 even if the Average costs are presented to the Audit Board after 30 April 2010.

               2.

               Member States not listed in Annex 3 of Regulation (EC) No 987/2009 can, for the period from 1 January 2010 until 30 April 2010, either calculate new Average costs under Articles 94 and 95 of Regulation (EEC) No 574/72 or use the Average costs presented for year 2009.

         III.   Procedure for reimbursement on the basis of actual expenditure

               1.

               Claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State before 1 May 2010 shall be subject to the financial provisions of Regulation (EEC) No 574/72.
               These claims shall be introduced to the liaison body of the debtor Member State no later than 31 December 2011.

               2.

               All claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

         IV.   Procedure for reimbursement on the basis of fixed amounts

               1.

               Average costs regarding years up to and including 2009 shall be presented to the Audit Board no later than 31 December 2011. Average costs regarding year 2010 shall be presented to the Audit Board no later than 31 December 2012.

               2.

               All claims for reimbursement on the basis of fixed amounts published in the Official Journal of the European Union before 1 May 2010 shall be introduced no later than 1 May 2011.

               3.

               All claims for reimbursement on the basis of fixed amounts published after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

         V.   Final provisions

               1.

               When applying the transitional arrangements, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility.

               2.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Lena MALMBERG

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.


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31996D0441

Council Decision of 15 July 1996 extending the application of Joint Action 96/250/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on the European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region

Official Journal L 185 , 24/07/1996 P. 0001 - 0001

COUNCIL DECISION of 15 July 1996 extending the application of Joint Action 96/250/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on the European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region (96/441/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and, in particular, Article J.3 thereof,Whereas Joint Action 96/250/CFSP (1) adopted by the Council on the basis of Article J.3 of the Treaty on European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region, comes to an end on 25 September 1996;Whereas, on the basis of the results attained so far, it is deemed necessary to extend its application until 31 July 1997,HAS DECIDED AS FOLLOWS:Article 1The application of Joint Action 96/250/CFSP is hereby extended to 31 July 1997. The Joint Action shall be reviewed six months after the date on which this Decision is adopted.Article 2Additional financial support for the activities of the Special Envoy, commensurate with future needs, shall be the subject of a Council Decision, based on the first indent of Article J.11(2) of the Treaty.Article 3This Decision shall enter into force on the date of its adoption. It shall be published in the Official Journal.Done at Brussels, 15 July 1996.For the CouncilThe PresidentD. SPRING(1) OJ No L 87, 4. 4. 1996, p. 1.


title: Commission Decision (EU) 2016/2357 of 19 December 2016 regarding the lack of effective compliance with Regulation (EC) No 216/2008 of the European Parliament and of the Council and its implementing rules in respect of certificates issued by the Hellenic Aviation Training Academy (HATA), and Part-66 licenses issued on the basis thereof (notified under document C(2016) 8645)

text:
               21.12.2016

               EN

               Official Journal of the European Union

               L 348/72

         COMMISSION DECISION (EU) 2016/2357
   of 19 December 2016
   regarding the lack of effective compliance with Regulation (EC) No 216/2008 of the European Parliament and of the Council and its implementing rules in respect of certificates issued by the Hellenic Aviation Training Academy (HATA), and Part-66 licenses issued on the basis thereof

         (notified under document C(2016) 8645)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 11(2) thereof,
   After consulting the Air Safety Committee,
   Whereas:

               (1)

               In February 2014, the European Aviation Safety Agency (hereafter ‘the Agency’) carried out an Airworthiness Standardisation inspection (AIR.EL.02.2014) to the Hellenic Civil Aviation Authority (HCAA). During this inspection, a non-conformity was identified raising safety concerns if not timely corrected (class D-finding), in accordance with Commission Implementing Regulation (EU) No 628/2013 (2) on working methods of the Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008.

               (2)

               The non-conformity concerned alleged examination fraud at the Part-147 maintenance training organisation, Hellenic Aviation Training Academy (HATA), with approval number EL.147.0007. Safety concerns were raised due to the possibility that aircraft maintenance certifying staff have gained a Part-66 license based on Certificates of Recognition issued by HATA under Annex III (Part-66) to Commission Regulation (EU) No 1321/2014 (3), on the basis of alleged fraudulent activities, and are exercising privileges and releasing aircraft following maintenance without having the necessary aircraft basic knowledge.

               (3)

               On 26 February 2014, the HCAA revoked the approval of HATA and informed all Member States' Competent Authorities of the possibility of fraudulent Certificates of Recognition issued by HATA.

               (4)

               On 3 July 2014, the Agency and HCAA agreed a corrective action plan, including amongst others, investigations into Certificates of Recognition that have been used to issue Part-66 licences by Member States' Competent Authorities and Certificates of Recognition that have not yet been used to gain Part-66 licenses.

               (5)

               On 9 December 2014, the Agency issued a Safety Information Bulletin (SIB No: 2014-32) informing about the potential safety concern associated with the alleged examination fraud at HATA and recommending concrete measures to the Member States' Competent Authorities in order to address this situation.

               (6)

               In April 2016, the Agency carried out another Standardisation inspection to the HCAA. During this inspection, the Agency reviewed the agreed corrective action plan and concluded that HCCA has not been able to adequately implement the agreed actions before the agreed due dates. Consequently, in May 2016, the Agency issued a Supplementary Report to the HCCA, in accordance with Article 22(3) of Implementing Regulation (EU) No 628/2013.

               (7)

               Since HCAA has not conducted sufficient investigations of HATA to detect the alleged fraud committed by this organisation and has not fully investigated Part-66 licences which have been issued on the basis of Certificates of Recognition issued by HATA, the potential safety concern remains. There are concerns with regard to the Certificates of Recognition issued by HATA for basic knowledge exams on the technical modules (modules 7, 11, 12, 13, 14, 15, 16, 17).

               (8)

               In light of all the above, the Agency requested the Commission to ensure that Article 11(1) of Regulation (EC) No 216/2008 ceases to apply to the Certificates of Recognition for basic knowledge examination on technical modules issued by HATA and to the Part-66 licences issued by the Member States' Competent Authorities on the basis of these Certificates of Recognition. In addition, the Agency opined that those Competent Authorities shall be required to take appropriate corrective action and safeguard measures in order to address the safety risks.

               (9)

               In line with the analysis set out by the Agency, the Commission concludes that the situation showed a systemic failure in the HCAA safety oversight tasks and responsibilities, which entails the lack of sufficient guarantees attached to the Certificates of Recognition issued by HATA. It is therefore necessary for the Competent Authorities concerned to take corrective action ensuring the required level of safety under the circumstances,

         HAS ADOPTED THIS DECISION:
   Article 1
   Lack of effective compliance
   The following does not effectively comply with Regulation (EC) No 216/2008 and its implementing rules:

               (1)

               Certificates of Recognition for basic knowledge examination on technical modules issued by the Hellenic Aviation Training Academy (HATA) pursuant to 147.A.145(a)(4) and Appendix III of Annex IV (Part-147) to Regulation (EU) No 1321/2014, which are submitted by an applicant as supporting documentation for the issue of a Part 66 licence by the Competent Authorities pursuant to 66.B.100 of Annex III (Part-66) of this Regulation;

               (2)

               Part-66 aircraft maintenance licenses issued by the Competent Authorities pursuant to Annex III (Part-66) to Regulation (EU) No 1321/2014 on the basis of Certificates of Recognition for basic knowledge examination on technical modules issued by HATA pursuant to 147.A.145(a)(4) and Appendix III of Annex IV (Part-147) of that Regulation.

         Article 2
   Corrective Actions
   1.   The Competent Authorities that have issued Part-66 licenses on the basis of Certificates of Recognition for basic knowledge examination on technical modules issued by HATA shall carry out within 3 months from the date of notification of this decision a reassessment of each Part-66 license concerned, taking into account, without prejudice to the present Decision, the recommendations laid down in Safety Information Bulletin EASA SIB No: 2014-32 issued by the Agency on 9 December 2014, at its latest revision.
   2.   After the completion of this reassessment, the Competent Authorities shall:

               (a)

               where justified in view of Article 1, limit, suspend or revoke the Part-66 licence in accordance with 66.B.500 of Annex III (Part-66); and

               (b)

               in any event, provide the Commission and the Agency with the results of the reassessment.

         Article 3
   Addressees and publication
   This Decision is addressed to the Member States.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 19 December 2016.

            For the Commission

         Violeta BULC

            Member of the Commission

      (1)  OJ L 79, 19.3.2008, p. 1.

      (2)  Commission Implementing Regulation (EU) No 628/2013 of 28 June 2013 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006 (OJ L 179, 29.6.2013, p. 46).

      (3)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).


title: Council Decision (EU) 2015/2021 of 10 November 2015 establishing the position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Liberia to the World Trade Organization

text:
               12.11.2015

               EN

               Official Journal of the European Union

               L 295/44

         COUNCIL DECISION (EU) 2015/2021
   of 10 November 2015
   establishing the position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Liberia to the World Trade Organization
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 13 June 2007, the Government of the Republic of Liberia applied for accession to the Marrakesh Agreement establishing the World Trade Organization (‘the Marrakesh Agreement’), pursuant to Article XII of that Agreement.

               (2)

               On 18 December 2007, a Working Party on the accession of the Republic of Liberia was established in order to reach agreement on terms of accession acceptable to the Republic of Liberia and all Members of the World Trade Organization (WTO).

               (3)

               The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening commitments on the part of the Republic of Liberia which are in line with the Guidelines For Accession of Least-Developed Countries set out by the WTO General Council and which satisfy the Union's requests, taking into account the bilateral trade relations with the Republic of Liberia in the context of the EU-ACP partnership.

               (4)

               Those commitments are now embodied in the Protocol of Accession of the Republic of Liberia to the WTO (‘the Protocol of Accession’).

               (5)

               Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Republic of Liberia.

               (6)

               The Protocol of Accession should therefore be approved.

               (7)

               Article XII of the Marrakesh Agreement provides that the terms of accession are to be agreed between the acceding State and the WTO, and that the Ministerial Conference of the WTO approves the terms of accession on the WTO side. Article IV.2 of that Agreement provides that in the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council of the WTO.

               (8)

               It is appropriate to establish the position to be taken on behalf of the Union within the Ministerial Conference of the WTO on the accession of the Republic of Liberia to the WTO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Liberia to the World Trade Organization is to approve the accession.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 November 2015.

            For the Council

            The President

         P. GRAMEGNA


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32001D0907

2001/907/EC,Euratom: Council Decision of 26 November 2001 appointing a Danish member of the Economic and Social Committee

Official Journal L 337 , 20/12/2001 P. 0035 - 0035

Council Decisionof 26 November 2001appointing a Danish member of the Economic and Social Committee(2001/907/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Ms Helle BUNDGAARD, of which the Council was informed on 24 April 2001;Having regard to the nominations submitted by the Danish Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMs Elly KJEMS HOVE is hereby appointed a member of the Economic and Social Committee in place of Ms Helle BUNDGAARD for the remainder of the latter's term of office, which runs until 20 September 2002.Done at Brussels, 26 November 2001.For the CouncilThe PresidentR. Landuyt(1) OJ L 257, 19.9.1998, p. 37.


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31999D0361

1999/361/EC: Council Decision of 31 May 1999 implementing Common Position 98/633/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the process on stability and good- neighbourliness in South-East Europe

Official Journal L 141 , 04/06/1999 P. 0001 - 0001

COUNCIL DECISIONof 31 May 1999implementing Common Position 98/633/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the process on stability and good-neighbourliness in South-East Europe(1999/361/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and in particular Article 18(5) thereof,Having regard to Common Position 98/633/CFSP(1),(1) Whereas Common Position 98/633/CFSP aims at consolidating support for the Royaumont Process on stability and good-neighbourliness in South-East Europe;(2) Whereas the contribution of the Royaumont Process Coordinator; Mr Roumeliotis, has been instrumental in the development of the Process;(3) Whereas with a view to the consolidation and continuation of the work carried out so far, the Coordinator should be provided with the logistical base and the human resources needed to continue to carry out his functions,HAS DECIDED AS FOLLOWS:Article 1In order to provide support for the Coordinator in the fulfilment of his tasks, Mr Roumeliotis is appointed EU Special Representative for the Royaumont Process. The Special Representative shall perform his tasks under the responsibility of the EU Presidency and in full association with the Commission, in accordance with the terms of reference and the action plan set out at Annexes I and II to Common Position 98/633/CFSP.Article 2The EU Special Representative shall be guided by and report under the authority of the Presidency to the Council on a regular basis, and as the need arises. The Commission shall be fully associated therewith.Article 31. The financial reference amount for the implementation of this Decision during the period 31 May 1999 to 31 May 2000 shall be EUR 550000. This amount shall cover costs related to the remuneration of the Special Representative and his team, travel expenses and communication expenditure.2. Member States and EU institutions may propose the secondment of staff to work with the EU Special Representative. The remuneration of personnel who might be seconded by a Member State or a European Union institution to the EU Special Representative shall be covered respectively by the Member State or the European Union institution concerned.3. The Council notes that the Presidency, European institutions and/or Member States as appropriate will offer logistical support to the Coordinator in the fulfilment of his tasks.Article 4This Decision shall enter into force on the date of its adoption.It shall expire on 31 May 2000.Article 5This Decision shall be published in the Official Journal.Done at Brussels, 31 May 1999.For the CouncilThe PresidentJ. FISCHER(1) OJ L 302, 12.11.1998, p. 1.


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32002D0440

2002/440/EC: Commission Decision of 27 May 2002 terminating the examination procedure concerning obstacles to trade, consisting of trade practices maintained by Brazil in relation to imports of sorbitol

Official Journal L 151 , 11/06/2002 P. 0014 - 0015

Commission Decisionof 27 May 2002terminating the examination procedure concerning obstacles to trade, consisting of trade practices maintained by Brazil in relation to imports of sorbitol(2002/440/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as amended by Regulation (EC) No 356/95(2), and in particular Article 11(1) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURAL BACKGROUND(1) On 2 October 1998 a Netherlands company, Cerestar Holding BV, lodged a complaint pursuant to Article 4 of Regulation (EC) No 3286/94.(2) The complainant alleged that Community sales of sorbitol in Brazil were hindered by a number of obstacles to trade within the meaning of Article 2(1) of Regulation (EC) No 3286/94. The alleged obstacles to trade were:(a) the introduction in December 1997 by the Brazilian Government (Departamento de Operaçoes de Comércio Exterior) in accordance with Comunicado DECEX No 20 of 8 July 1997 of a non-automatic licensing procedure for sorbitol, in contravention of the relevant provisions of the WTO Agreement on Import Licensing Procedures;(b) the alleged arbitrary and/or non-justified refusal (or otherwise withholding) by the Brazilian authorities of import licences in relation to all grades of sorbitol entering Brazil below a minimum fob price;(c) the implementation of minimum prices via de facto reference prices included in the customs valuation system.The complainant also claimed a general lack of transparency of the Brazilian import licensing system, which had not been duly notified to the WTO.(3) The Commission decided that the complaint contained sufficient evidence to justify the initiation of an examination procedure pursuant to Article 8(1) of Regulation (EC) No 3286/94. A corresponding notice was published in the Official Journal of the European Communities(3).B. FINDINGS OF THE INVESTIGATIONS(4) According to the final investigation report, the examination procedure led to the conclusion that the Brazilian minimum price system appeared to be in breach of:(a) Article XI(1) of the GATT (1994), as it is a restriction other than duties, taxes or other charges, made effective through import licences on the importation of any product of the territory of any other contracting party, without any WTO compatible justification;(b) Article 4(2) of the WTO Agreement on Agriculture, for the same reason as above;(c) Article 2 and 5 of the WTO Agreement on Sanitary and Phyto-sanitary measures, as it imposes sanitary controls more trade-restrictive than necessary, which are not applied only to the extent necessary to protect human life or health.(5) In addition, the Brazilian non-automatic import licensing system, as applied with a minimum price requirement, appeared to be also in breach of:(a) Articles 1, 3 and 5 of the WTO Agreement on Import Licensing Procedures, as it is not neutral in application, it is not administered in a fair and equitable manner, it has additional trade-restrictive and -distortive effects on imports without applying any WTO compatible restriction. Moreover, as the system does not implement any measure, so it can not be limited in scope and duration to the measure it implements. In addition, the list of products submitted to non-automatic licensing is not published and the applications for licenses for imports under the minimum price are left without official reply for several months;(b) Article X(1) and (3) of the GATT (1994), as it is not published and it is not administered in a uniform, impartial and reasonable manner.(6) As regards the Brazilian legislation on customs valuation, it appeared that the scale and scope of implementation of reference prices on a systematic basis rendered the manner in which this system was implemented incompatible with Articles 1 to 7 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade - GATT 1994 (the Customs Valuation Agreement).(7) The examination procedure also confirmed that the contested Brazilian practices caused adverse trade effects within the meaning of Article 2(4) and 10(4) of the Trade Barriers Regulation (TBR), as they impeded, inter alia, exports of sorbitol from the Community to the Brazilian market.C. DEVELOPMENTS AFTER THE END OF THE INVESTIGATION(8) On the basis of the findings of the investigation, the Commission, by its Decision of 17 March 1999(4), had decided to initiate a WTO Dispute Settlement procedure on several aspects of the Brazilian import regime found to be WTO incompatible.(9) Accordingly official WTO consultations, regarding sorbitol and other products, were held on 19 November 1999. Following these consultations, de facto minimum prices were not applied any longer on sorbitol and certain other imports.(10) As a result, the Community industry has improved its ability to enter the Brazilian market.(11) However, there were still several aspects of the Brazilian import licensing and customs valuation systems that needed to be modified in order to comply fully with Brazil's obligations under the relevant WTO Agreements.(12) By decision of 21 May 2001(5) the Commission therefore suspended the Cerestar examination procedure, while monitoring the effect of the changes in the Brazilian system for a period of six months from the date of entry into force of the Decision.(13) During the period of monitoring, the Commission services pursued contacts and exchanged letters with the Community industry affected. On the basis of the information provided by the affected industry, the Commission concluded that the disputed barriers to trade in the importation of sorbitol had been eliminated.D. CONCLUSIONS(14) In view of the above analysis, it is considered that the Cerestar examination procedure has led to a satisfactory situation with regard to the obstacles that faced the trade of sorbitol in Brazil. The examination procedure should therefore be terminated,HAS DECIDED AS FOLLOWS:Article 1The examination procedure concerning obstacles to trade, within the meaning of Regulation (EC) No 3286/94, consisting of trade practices maintained by Brazil in relation to imports of sorbitol, is hereby terminated.Article 2Article 1 shall be without prejudice to any decision which the Commission may adopt with regard to imports into Brazil of textile products.Done at Brussels, 27 May 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 361, 24.11.1998, p. 13.(4) OJ L 86, 30.3.1999, p. 22.(5) OJ L 153, 8.6.2001, p. 30.


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32003D0786

2003/786/EC: Decision of the European Parliament and of the Council of 9 October 2003 on the mobilisation of the EU Solidarity Fund in accordance with point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (fires in Portugal)

Official Journal L 290 , 08/11/2003 P. 0041 - 0041

Decision of the European Parliament and of the Councilof 9 October 2003on the mobilisation of the EU Solidarity Fund in accordance with point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (fires in Portugal)(2003/786/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 3 thereof,Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2),Having regard to the proposal from the Commission,Whereas:(1) The European Union has created a European Union Solidarity Fund (the "Fund") to show solidarity with the population of regions struck by disasters.(2) Portugal submitted an application to mobilise the Fund on 13 August 2003, concerning a fire-related disaster.(3) The Interinstitutional Agreement of 7 November 2002 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.(4) The fire-related disaster in Portugal meets the conditions for mobilising the Fund,HAVE DECIDED AS FOLLOWS:Article 1For the general budget of the European Union for the financial year 2003, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 48,539 million in commitment appropriations.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 9 October 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentF. Frattini(1) OJ C 283, 20.11.2002, p. 1.(2) OJ L 311, 14.11.2002, p. 3.