Avis juridique important

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32002D0087

2002/87/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Hungary

Official Journal L 044 , 14/02/2002 P. 0037 - 0044

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Hungary(2002/87/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Hungary's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Hungary should continue to update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Hungary needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Hungary are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Hungary was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Hungary. The present revision is based on a proposal by the Commission following consultation with Hungary, and draws on the analysis of the Commission's 2001 regular report on progress made by Hungary towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Hungary towards membership of the Union, the financial means available to help Hungary implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include inter alia, the updated national programme for the adoption of the acquis prepared by Hungary, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development plans, a national employment strategy in line with the European employment strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Hungary. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Hungary can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Hungary submitted an updated version of its national programme for the adoption of the acquis (NPAA) in July 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Hungary's membership preparations. Hungary will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Hungary fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's 2001 regular report, the following priorities and intermediate objectives have been identified for Hungary. These priorities are presented in accordance with the structure of the Regular Report(1).Political criteriaDemocracy and the rule of law- take measures to reduce further the backlog of cases at the Supreme Court, in order to allow it to carry out its main functions, i.e. the unification of court practice and the provision of judicial guidance to the lower courts; maintain efforts to modernise the judiciary, in particular ensuring adequate funding; widen the availability of free legal aid; continue training of judges in Community legislation,- ensure implementation of the newly adopted anti-corruption strategy.Human rights and the protection of minorities- improve the integration of the Roma minority in the Hungarian society through more efficient implementation and impact assessment of the medium-term Roma action programme, with particular emphasis on promoting access to mainstream education, fighting discrimination in society (including within the police services), fostering employment, and improving the housing situation,- ensure that an effective system for addressing complaints of police misconduct is in place.Economic criteria- develop and implement a comprehensive public health care reform that ensures a high level of health protection at a sustainable cost to the government budget, with a view to ensuring medium-term sustainability of public finances,- improve government accounting at local level and improve timeliness of data provision to central authorities,- accelerate railway restructuring to reduce the medium-term impact on public finances,- create the necessary conditions for an efficient agricultural land market,- continue to promote the development of small and medium-sized enterprises, in particular by improving access to credit.Ability to assume the obligations of membershipFree movement of goods- complete implementation of "New approach" directives and alignment of traditional sectoral legislation; transpose legislation on the provision of information on technical standards and regulations; implement protection of pharmaceutical test data ("data exclusivity"),- continue implementation of the food acquis, and develop and implement an action plan to promote HACCP (Hazard Analysis and Critical Control Points) for the entire food industry.- complete reinforcement of market surveillance and conformity assessment structures, also in the food industry; ensure effectiveness of implementing structures in all sectors,- increase transparency of public procurement at all levels, including at lower levels of government, and in all sectors, including major public infrastructure works such as road construction,- proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement of persons- complete alignment of mutual recognition of professional qualifications and diplomas and further develop the required administrative structures, education and training,- with respect to professional qualifications obtained before harmonisation, Hungary should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the directives,- reinforce the administrative structures for the coordination of social security.Free movement of capital- in need of particularly urgent action: implement the recommendations of the financial action task force on money laundering; bring forward the phasing out of anonymous saving books, and strengthen the police's financial intelligence unit.Company law- continue to strengthen the protection and enforcement of intellectual property rights by all relevant law enforcement bodies, including customs; intensify training for enforcement bodies including judges and prosecutors.Competition policy- complete the legislative framework and ensure the full enforcement of the rules in both anti-trust and State aid including the alignment of incompatible aid schemes, in particular fiscal aids. Increase awareness of the rules among all market participants and aid granters. Intensify the training of the judiciary on competition matters.Agriculture- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community-funded rural development programmes,- continue to upgrade the capacity of the agricultural administration and complete the preparations for the practical implementation and the enforcement of the management mechanisms of the common agricultural policy, in particular market information systems (including price reporting), the integrated administration and control system and the Paying Agency for the management of funds within the common agricultural policy, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- complete the establishment of a vineyard register,- continue the overall upgrading of food processing establishments with a view to meeting Community food safety standards, in particular in the dairy and meat sector,- complete transposition of legislation in the veterinary and phytosanitary field (legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition) and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis,- implement the identification and registration systems for sheep, goats, swine and horses, and adopt the secondary legislation for swine and horses; ensure effective functioning of the bovine identification and registration system,- complete developments in the veterinary and phytosanitary border inspection posts, in particular at the future external borders,Transport policy- complete legal alignment and reinforce administrative capacity in road transport (in particular control of driving time restrictions and taxation with a view to respecting the minimum levels foreseen by the acquis, as well as harmonisation with acquis on weights and dimensions),- continue the alignment in the railway sector and proceed with the restructuring of MÁV in order to allow for the implementation of the revised railway acquis,- align further with the air transport acquis, notably concerning market access,- in all subsectors, and particularly in rail and air transport, set up the required administrative and management bodies and strengthen the existing ones, notably the General Transport Inspectorate,Taxation- complete legislative alignment, with particular regard to VAT zero-rating and reduced rates, including the transitional VAT regime; continue gradual alignment of excise duty rates,- strengthen further the administrative capacity in order to ensure effective application of the acquis, including the upgrading of equipment, administrative cooperation and, as a matter of particular urgency, the development of IT systems so as to allow for the exchange of electronic data with the Community and its Member States,- ensure that existing and future legislation comply with the principles of the Code of Conduct for Business Taxation.Social policy and employment- complete alignment and ensure proper implementation of the social acquis, in particular in the field of health and safety at work. Strengthen the related administrative and enforcement structures, including labour inspectorates. Continue adopting legislation in line with the anti-discrimination acquis and prepare for its implementation,- ensure transposition and implementation of the public health acquis and continue measures with regard to surveillance and control of communicable diseases and the health monitoring and information system,- continue to support social partners' capacity-building efforts, in particular with a view to their future role in the development and implementation of Community employment and social policy, including the European Social Fund. Particular attention should be paid to enhancing the social partners' capacity to conduct social dialogue and to ensuring due process also in the tripartite social dialogue,- prepare a national strategy, including data collection, with a view to future participation in the European strategy on social inclusion.Energy- complete the alignment process for the internal energy market (electricity and gas); eliminate remaining price distortions; strengthen the regulator (Hungarian Energy Office),- further enhance energy efficiency and promotion of renewable energy sources, and strengthen the relevant institutions in this area,- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard to the priorities assigned in the report,- continue to ensure a high level of nuclear safety at the Paks nuclear power plant.Telecommunications and information technologies- complete transposition and implementation of the acquis including local loop unbundling. Ensure effective functioning of the liberalised market through effective interconnection and leased lines regulation, and availability of carrier selection facilities and number portability.Culture and audiovisual policy- align legislation with the acquis on "television without frontiers",Regional policy and coordination of structural instruments- ensure effective interministerial coordination and appropriate partnership at central and regional level with a view to both programming and future implementation of Structural and Cohesion Funds assistance,- complete the preparation of a development plan in line with the Structural Funds Regulations and establish the structures required for implementing Structural and Cohesion Funds assistance,- prepare operational programmes in line with the Structural Funds Regulations, including an ex ante evaluation,- put in place the necessary legislative and normative framework to allow early commitments of the necessary national co-financing of Structural and Cohesion Funds assistance; revise and streamline the system of payments of national and Community funding to final beneficiaries so as to ensure efficient and timely utilisation of Funds,- align financial management and control procedures with the specific requirements of the Structural Funds Regulations,- ensure that the designated managing and paying authorities will progressively build up their capacity in order to be able, upon accession, to fulfil their responsibilities and deliver the tasks assigned to each of them according to the Structural Funds Regulations,- define the tasks to be performed by line ministries and other bodies on behalf and under the responsibility of the managing authorities,- set up evaluation and monitoring systems and establish a system for the computerised exchange of data required to fulfil the management, monitoring and evaluation requirements of the Structural Funds Regulations,- develop the technical preparation of projects eligible for Structural and Cohesion Funds (project pipeline).Environment- complete transposition of the acquis, in particular as regards hazardous waste, packaging and packaging waste, and control of major accident hazards involving dangerous substances,- continue implementation of the acquis, in particular as regards air quality (by ensuring air monitoring in accordance with the acquis), management of municipal waste, and the discharge of dangerous substances in the aquatic environment (by establishing pollution reduction programmes),- continue strengthening the administrative capacity and coordination, in particular concerning the environmental inspectorates (both the central and regional ones). Also, particular attention should be paid to increasing human resources of the competent authorities in the sector of chemicals,- continue integration of environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Justice and Home Affairs- ensure due implementation of the Schengen action plan,- continue to strengthen border management, paying special attention to the Union's future external borders by continuously upgrading equipment, training and enhanced cooperation between the different services involved,- continue preparation for future participation in the Schengen Information System by developing national databases and registers,- improve the internal cooperation between police, other law enforcement agencies and the judiciary (from prevention to prosecution), in particular to strengthen the fight against organised crime and money laundering,- strengthen the administrative capacity of, and coordination between, bodies involved in the implementation of a national drug strategy,- take the necessary steps in order to ensure the implementation of the most recent Community instruments adopted in the area of judicial cooperation in civil matters.Customs union- harmonise the Hungarian system of customs-free zones with the provisions of the acquis,- further strengthen the administrative capacity in order to ensure the effective application of the acquis, including continued training of customs officers,- in need of particularly urgent action: continue the computerisation process of the Hungarian customs administration; develop IT systems so as to allow for the exchange of computerised data between the Community and Hungary.Financial control- define and strengthen the managerial accountability in budget spending centres,- strengthen the administrative framework for internal audits at the level of internal audit services in budget spending centres and ensure their functional independence,- specify the role and functions of the designated contact point for the protection of the financial interests of the Community and effectively start cooperating with OLAF through this contact point,- establish adequate functional independence of the decentralised internal audit capabilities,- strengthen the fight against fraud, notably in the area of VAT,- continue efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession funding as a key indicator of Hungary's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Hungary comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87), and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, Hungary can also fund part of its participation in community programmes including the research and technological development framework programmes and programmes in the areas of education and enterprise. In addition Hungary will have access to funding from multicountry and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard, is conditional on respect by Hungary of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used as from the 2000 regular reports.


Avis juridique important

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32002D0602

Commission Decision of 8 July 2002 on administering certain restrictions on imports of certain steel products from the Russian Federation (Text with EEA relevance) (notified under document number C(2002) 2480)

Official Journal L 195 , 24/07/2002 P. 0038 - 0053

Commission Decisionof 8 July 2002on administering certain restrictions on imports of certain steel products from the Russian Federation(notified under document number C(2002) 2480)(Text with EEA relevance)(2002/602/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community and in particular the first paragraph of Article 95 thereof,Having consulted the Consultative Committee and with the unanimous assent of the Council,Whereas:(1) For the years 1995 to 2001 trade in certain products covered by the Treaty establishing the European Coal and Steel Treaty was the subject of agreements between the Parties(1).(2) The Community has concluded a further ECSC steel agreement with the Russian Federation concerning trade in certain steel products covered by the European Coal and Steel Community Treaty which take account of developments in the relationship between the Parties(2).(3) This agreement establishes quantitative limits for the entry into free circulation in the Community of certain steel products between 2002 to 2004 and provides a framework for the removal of quantitative restrictions provided that certain conditions are met and in particular when compatible disciplines in respect of competition, state aid and environmental protection have been established in respect of the steel products covered by the Agreement.(4) It is necessary to provide the means to administer this agreement within the Community, taking into account the experience gained during the previous agreements.(5) It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end.(6) The effective application of the agreement requires the introduction of a requirement of a Community import licence for the entry into free circulation in the Community of the products in question together with a system for administering the grant of such Community import licences.(7) Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question.(8) In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States will not issue import licences before obtaining prior confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question.(9) The agreement provides for a system of cooperation between the Russian Federation and the Community with the aim of preventing circumvention by means of transhipment, rerouting or other means; whereas a consultation procedure is established under which an agreement can be reached with the country concerned on an equivalent adjustment to the relevant quantitative limit when it appears that the agreement has been circumvented; whereas the Russian Federation also agreed to take the necessary measures to ensure that any adjustments could be rapidly applied; whereas, in the absence of agreement with a supplier country within the time limit provided, the Community may, where clear evidence of circumvention is provided, apply the equivalent adjustment.(10) Imports of products covered by this Decision as from 1 January 2002 have been subjected to a licence in pursuance of Decision 2002/385/ECSC(3), as amended, that the ECSC steel agreement foresees that those quantities are to be counted against the limits established for 2002 in this Decision,HAS DECIDED AS FOLLOWS:Article 1Scope1. This Decision applies to imports of the steel products listed in Annex I, originating in the Russian Federation.2. For the purposes of paragraph 1, the steel products shall be classified in product groups as set out in Annex I.3. The classification of products listed in Annex I shall be based on the Combined Nomenclature (CN). The procedures for the application of this paragraph are laid down in Part I of Annex II.4. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.5. The procedures for verification of the origin of the products referred to in paragraph 1 are laid down in Annexes II and III and in the relevant Community legislation in force.Article 2Quantitative limits1. The importation into the Community of the steel products listed in Annex I originating in the Russian Federation shall be subject to the annual quantitative limits laid down in Annex IV. The release for free circulation in the Community of the products set out in Annex I originating in the Russian Federation shall be subject to the presentation of an import authorization issued by the Member States' authorities in accordance with the provisions of Article 4.The authorized imports shall be counted against the quantitative limits laid down for the year in which the products are shipped in the exporting country.2. In order to ensure that quantities for which import authorizations are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities shall issue import authorizations only upon confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant product group of steel products in respect of the supplier country, for which an importer or importers have submitted applications to the said authorities.3. Imports of products as from 1 January 2002, for which a licence was required pursuant to Commission Decision 2001/932/ECSC, as amended, shall be counted against the relevant limits for 2002 laid down in Annex IV.4. For the purposes of this Decision and as from the date of its application, shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport.Article 3Suspensive arrangements1. The quantitative limits referred to in Annex IV shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system).2. Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the relevant quantitative limit set out in Annex IV.Article 4Specific rules for the administration of Community quantitative limits1. For the purpose of applying Article 2(2), the competent authorities of the Member States, before issuing import authorizations, shall notify the Commission of the amounts of the requests for import authorizations, supported by original export licences, which they have received. By return, the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been received ("first come, first served basis").2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product group concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.3. The notifications referred to in paragraphs 1 and 2 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.4. As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each product group of products. Moreover, the Commission shall contact the Russian authorities immediately in cases where requests notified exceed the limits in order to seek clarification and a rapid solution.5. The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorization. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.6. The import authorizations or equivalent documents shall be issued in accordance with Annex II.7. The competent authorities of the Member States shall notify the Commission of any cancellation of import authorizations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent Russian authorities. However, if the Commission or the competent authorities of a Member State have been informed by the competent Russian authorities of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the quantitative limit for the year during which shipment of products took place.8. The Commission may take any measure necessary to implement the provisions of this Article.Article 5Statistics1. In respect of the steel products listed in Annex I, Member States shall notify the Commission monthly, within one month of the end of each month, of the total quantities that have entered into free circulation during that month, indicating the combined nomenclature code and using the statistical units and, where appropriate, supplementary units used in that code. Imports shall be broken down in accordance with the statistical procedures in force.2. In order to enable market trends in the products covered by this Decision to be monitored, Member States shall communicate to the Commission, before 31 March each year, statistical data on the imports of the preceding year.Article 6Circumvention1. Where, following the enquiries carried out in accordance with the procedures set out in Annex III, the Commission notes that the information in its possession constitutes proof that products listed in Annex I originating in the Russian Federation have been transhipped, rerouted or otherwise imported into the Community through circumvention of such quantitative limits and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the Russian Federation to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out for the year in which the request for consultations was lodged or for the following year, if the quantitative limits for the current year is exhausted, where there is clear evidence of circumvention.3. If the Community and the Russian Federation fail to arrive at a satisfactory solution and if the Commission notes that there is clear evidence of circumvention, it shall deduct from the quantitative limits an equivalent volume of products originating in the Russian Federation.Article 7Final provisionsAmendments to the Annexes which may be necessary to take into account the conclusion, amendment or expiry of agreements with the Russian Federation, adjustments to the quantitative limits made in accordance with the relevant provisions of the ECSC steel agreement with the Russian Federation, or amendments made to Community rules on statistics, customs arrangements or common rules for imports, shall be adopted by the European Commission.Article 8This Decision shall not constitute in any way a derogation from the provisions of the bilateral ECSC steel agreement on trade in certain steel products which the Community has concluded with the Russian Federation and which, in all cases of conflict, shall prevail.Article 9This Decision shall enter into force and shall apply on the day following that of its publication in the Official Journal of the European Communities.This Decision shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 July 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 5, 8.1.96, p. 24, OJ L 45, 15.2.97, p. 40, OJ L 300, 4.11.1997, p. 51(2) See page 54 of this Official Journal.(3) OJ L 345, 29.12.2001, p. 71.ANNEX IRUSSIAN FEDERATIONSA FLAT-ROLLED PRODUCTSSA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA1a. Hot rolled coils for re-rolling7208 37 107208 38 107208 39 10SA2. Heavy plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat-rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80SA4. Alloyed products7226 20 207226 91 107226 91 907226 99 20SB. LONGS PRODUCTSSB1. Beams7207 19 317207 20 717216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 90SB2. Wire rod7213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907221 00 107221 00 907227 10 007227 20 007227 90 107227 90 507227 90 95SB3. Other longs7207 19 117207 19 147207 19 167207 20 517207 20 557207 20 577214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 99 207222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 90 317224 90 397228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 00ANNEX IIPART ICLASSIFICATIONArticle 1The classification of the steel products covered by the Decision is based on the Combined Nomenclature (CN).Article 2On the initiative of the Commission or of a Member State, the tariff and statistical nomenclature section of the Customs Code Committee, which was established by Council Regulation (EEC) No 2658/87(1), as amended by Article 252 of Council Regulation (EEC) No 2913/92(2), will examine urgently, in accordance with the provisions of the abovementioned Regulations, all questions concerning the classification of products covered by this Decision within the Combined Nomenclature in order to classify them in the appropriate product groups.Article 3The Commission shall inform the Russian Federation of any changes in the Combined Nomenclature (CN) affecting products covered by this Decision on their adoption by the competent authorities of the Community.Article 4The Commission shall inform the competent Russian authorities of any decisions adopted in accordance with the procedures in force in the Community relating to classification of products covered by this Decision, within one month at the latest of their adoption. Such communication shall include:(a) a description of the products concerned;(b) the relevant product group, and the Combined Nomenclature code (CN code);(c) the reasons which have led to the decision.Article 51. Where a classification decision adopted in accordance with Community procedures in force results in a change of classification practice or a change in the product group of any product covered by this Decision, the competent authorities of the Member States shall provide 30 days' notice, from the date of the Commission's notification, before the decision is put into effect.2. Products shipped before the date of application of the decision shall remain subject to earlier classification practice, provided that the goods in question are entered to importation within 60 days of that date.Article 6Where a classification decision adopted in accordance with the Community procedures in force referred to in Article 5 of this Annex involves a product group subject to a quantitative limit, the Commission shall, where necessary, initiate consultations without delay in accordance with Article 9 of this Decision, in order to reach agreement on any necessary adjustments to the corresponding quantitative limits provided for in Annex IV.Article 71. Without prejudice to any other provision on this subject, where the classification indicated in the documentation necessary for importation of the products covered by this Decision differs from the classification determined by the competent authorities of the Member State into which they are to be imported, the goods in question shall be provisionally subject to the import arrangements which, in accordance with the provisions of this Decision, are applicable to them on the basis of the classification determined by the abovementioned authorities.2. competent authorities of the Member States shall inform the Commission of the cases referred to in paragraph 1, indicating in particular:- the quantities of products involved;- the product group shown on the import documentation and that retained by the competent authorities;- the number of the export licence and the category shown.3. The competent authorities of the Member States shall not issue a new import authorization for steel products subject to a Community quantitative limit laid down in Annex IV following re-classification until they have obtained confirmation from the Commission that the amounts to be imported are available in accordance with the procedure laid down in Article 4 of the Decision.4. The Commission shall notify the exporting countries concerned of the cases referred to in this Article.Article 8In the cases referred to in Article 7, as well as in those cases of a similar nature raised by the competent Russian authorities, the Commission, if necessary, shall enter into consultations with Russia, in order to reach agreement on the classification definitively applicable to the products involved in the divergence.Article 9The Commission, in agreement with the competent authorities of the importing Member State or States and of Russia, may, in the cases referred to in Article 8, determine the classification definitively applicable to the products involved in the divergence.Article 10When a case of divergence referred to in Article 7 cannot be resolved in accordance with Article 9, the Commission shall adopt, in accordance with the provisions of Article 10 of Regulation (EEC) No 2658/87, a measure establishing the classification of the goods in the Combined Nomenclature.PART IIDOUBLE-CHECKING SYSTEM(for administering quantitative limits)Article 111. The competent Russian authorities shall issue an export licence in respect of all consignments of steel products subject to the quantitative limits laid down in Annex IV up to the level of the said limits.2. The original of the export licence shall be presented by the importer for the purposes of the issue of the import authorization referred to in Article 14.Article 121. The export licence for quantitative limits shall conform to the specimen set out in Appendix I of this Annex and shall certify, inter alia, that the quantity of goods in question has been set off against the quantitative limit established for the product group concerned.2. Each export licence shall cover only one of the product groups listed in Annex I.Article 13Exports shall be set off against the quantitative limits established for the year in which the products covered by the export licence have been shipped within the meaning of Article 2 (5) of the Decision.Article 141. To the extent that the Commission pursuant to Article 4 of the Decision has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import authorization within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Import authorizations shall be issued by the competent authorities of any Member State irrespective of the Member State indicated on the export licence, to the extent that the Commission, pursuant to Article 4 of the Decision, has confirmed that the amount requested is available within the quantitative limit in question.2. The import authorizations shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding two months. Such extensions shall be notified to the Commission. In exceptional circumstances, an importer may request a second period of extension. These exceptional requests may be granted only by a decision taken in accordance with the procedure laid down in Article 7 of the Decision.3. Import authorizations shall be drawn up in the form set out in Appendix II of this Annex and shall be valid throughout the customs territory of the Community.4. The declaration or request made by the importer in order to obtain the import authorization shall contain:(a) the full name and address of the exporter;(b) the full name and address of the importer;(c) the exact description of the goods and the CN code(s);(d) the country of origin of the goods;(e) the country of consignment;(f) the appropriate product group and the quantity in the appropriate unit as indicated in Annex IV of the Decision for the products in question;(g) the net weight by CN heading;(h) the cif value of the products at Community frontier by CN heading (as indicated in box 13 of the export licence);(i) whether the products concerned are seconds or of substandard quality;(j) where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;(k) date and number of the export licence;(l) any internal code used for administrative purposes;(m) date and signature of importer.5. Importers shall not be obliged to import the total quantity covered by an import authorization in a single consignment.Article 15The validity of import authorizations issued by the authorities of the Member States shall be subject to the validity of and the quantities indicated in the export licences issued by the competent Russian authorities on the basis of which the import authorizations have been issued.Article 16Import authorizations or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2(2) and without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with other conditions required under current rules.Article 171. If the Commission finds that the total quantities covered by export licences issued by Russia for a particular product group in any agreement year exceed the quantitative limit established for that product group, the competent licence authorities in the Member States shall be informed immediately to suspend the further issue of import authorizations. In this event, consultations shall be initiated forthwith by the Commission.2. The competent authorities of a Member State shall refuse to issue import authorizations for products originating in Russia which are not covered by export licenses issued in accordance with the provisions of this Annex.PART IIICOMMON PROVISIONSArticle 181. The export licence referred to in Article 11 of this Annex and the certificate of origin (specimen attached) may include additional copies duly indicated as such. They shall be made out in English.2. If the documents referred to above are completed by hand, entries must be in ink and in block letters.3. The export licences or equivalent documents and certificates of origin shall measure 210 x 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.4. Only the original shall be accepted by the competent authorities in the Community as being valid for import purposes in accordance with the provisions of this Decision.5. Each export licence or equivalent document and the certificate of origin shall bear a standardized serial number, whether or not printed, by which it can be identified.6. This number shall be composed of the following elements:- two letters identifying the exporting country as follows:RU= Russian Federation- two letters identifying the Member State of intended destination as follows:B= BelgiumDK= DenmarkDE= GermanyEL= GreeceES= SpainFR= FranceIE= IrelandIT= ItalyLU= LuxembourgNL= NetherlandsAT= AustriaPT= PortugalFI= FinlandSE= SwedenGB= United Kingdom- a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. "2" for 2002;- a two-digit number identifying the issuing office in the exporting country;- a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of destination.Article 19The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear the endorsement 'issued retrospectively'.Article 20In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate licence or certificate issued in this way shall bear the endorsement "duplicate".The duplicate shall bear the date of the original licence or certificate.PART IVCOMMUNITY IMPORT LICENCE - COMMON FORMArticle 211. The forms to be used by the competent authorities of the Member States (list attached to this Annex) for issuing the import authorizations referred to in Article 14 shall conform to the specimen of the import licence set out in Appendix II to this Annex.2. Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked "Holder's copy" and bearing the number 1 to be issued to the applicant, and the other, marked "Copy for the issuing authority" and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 x 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an identification of the printer's name and address or a mark enabling the printer to be identified.5. At the time of their issue the import licences or extracts shall be given an issue number determined by the competent authorities of the Member State. The import licence number shall be notified to the Commission electronically within the integrated network set up under Article 4.6. Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.7. In. box 10 the competent authorities shall indicate the appropriate steel product group.8. The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references (e.g. EUR 1000).9. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued.If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall so place their stamp that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.10. Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.11. The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one or the official languages of that Member State.>PIC FILE= "L_2002195EN.004701.TIF">>PIC FILE= "L_2002195EN.004801.TIF">>PIC FILE= "L_2002195EN.004901.TIF">>PIC FILE= "L_2002195EN.005001.TIF">LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES/LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER/LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN/ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ/LIST OF THE COMPETENT NATIONAL AUTHORITIES/LISTE DES AUTORITÉS NATIONALES COMPÉTENTES/ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI/LIJST VAN BEVOEGDE NATIONALE INSTANTIES/LISTA DAS AUTORIDADES NACIONAIS COMPETENTES/LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA/FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETERBELGIQUE/BELGIËMinistère des affaires économiques Administration des relations économiquesServices LicencesRue Général Leman 60 B - 1040 Bruxelles Fax (32-2) 230 83 22 Ministerie van Economische Zaken Bestuur van de Economische BetrekkingenDienst VergunningenGeneraal Lemanstraat 60 B - 1040 Brussel Fax (32-2) 230 83 22DANMARKErhvervsfremme Styrelsen Økonomi- og Erhvervsministeriet Vejlsøvej 29 DK - 8600 Silkeborg Fax: (45) 35 46 64 01DEUTSCHLANDBundesamt für Wirtschaft und Ausfuhrkontrolle, (BAFA) Frankfurter Straße 29-35 D - 65760 Eschborn 1 Fax (49-6196) 942 26ΕΛΛΑΔΑΥπουργείο Εθνικής Οικονομίας Γενική Γραμματεία Διεθνών ΣχέσεωνΔιεύθυνση Διεθνών Οικονομικών ΡοώνΚορνάρου 1 GR - 105 63 Αθήνα Φαξ: (30 10) 328 60 94ESPAÑAMinisterio de Economía Secretaría General de Comercio Exterior Paseo de la Castellana 162 E - 28046 Madrid Fax: +34-1-563 18 23/349 38 31FRANCESetice 8, rue de la Tour-des-Dames F - 75436 Paris Cedex 09 Fax (33) 155 07 46 69IRELANDDepartment of Enterprise, Trade and Employment Import/Export Licensing, Block C Earlsfort CentreHatch StreetDublin 2 Ireland Fax (353-1) 631 28 26ITALIAMinistero delle Attività produttive Direzione generale per la Politica commerciale e per la gestione del regime degli scambi Viale America, 341 I - 00144 Roma Fax (39-06) 59 93 22 35/59 93 26 36LUXEMBOURGMinistère des affaires étrangères Office des licences BP 113 L - 2011 Luxembourg Fax (352) 46 61 38NEDERLANDBelastingdienst/Douane centrale dienst voor in- en uitvoer Postbus 30003, Engelse Kamp 2 9700 RD Groningen Nederland Fax (31) 505 26 06 98 m.i.v. 18.1.2002Fax (31) 505 23 23 41ÖSTERREICHBundesministerium für Wirtschaft und Arbeit Aussenwirtschaftsadministration Landstrasser Hauptstraße 55-57 A - 1030 Wien Fax + 43-1-711 00/8386PORTUGALMinistério da Economia Direcção-Geral das Relações Económicas Internacionais Alfândega de Lisboa, Largo do Terreiro do Trigo P - 1100 Lisboa Fax: (351-21) 881 42 61SUOMITullihallitus PL 512 FIN - 00101 Helsinki Faksi (358-9) 614 28 52SVERIGEKommerskollegium Box 6803 S - 113 86 Stockholm Fax: (46-8) 30 67 59UNITED KINGDOMDepartment of Trade and Industry Import Licensing Branch Queensway House, West Precinct Billingham Cleveland TS23 2NF United Kingdom Fax (44) 1642 533 557(1) OJ L 256, 7.9.1987, p. 1.(2) OJ L 302, 19.10.1992, p. 1.ANNEX IIIADMINISTRATIVE COOPERATIONArticle 1The Commission shall supply the Member States' authorities with the names and addresses of authorities in Russia competent to issue certificates of origin and export licences together with specimens of the stamps used by these authorities.Article 2For the steel products subject to a double-checking system Member States shall notify the Commission within the first ten days of each month of the total quantities, in the appropriate units and by country of origin and group of products, for which import authorizations have been issued during the preceding month.Article 31. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent authorities of the Community have reasonable doubt as to the authenticity of the certificate of origin or export licence or as to the accuracy of the information regarding the true origin of the products in question.In such cases the competent authorities of the Community shall return the certificate of origin or the export licence or a copy thereof to the competent Russian governmental authority, giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate of origin or export licence or copy thereof. The competent authorities shall also forward any information that has been offered suggesting that the particulars given on the said certificate or the said licence are inaccurate.2. The provisions of paragraph 1 shall also apply to subsequent verifications of declarations of origin.3. The results of the subsequent verifications carried out in accordance with paragraph 1 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 the goods are eligible for export to the Community under this Decision. The competent authorities of the Community may also request copies of all documentation necessary to determine the facts fully, including, in particular, the origin of the goods(1).4. Should such verifications reveal abuse or major irregularities in the use of declarations of origin, the Member State concerned shall inform the Commission of this fact. The Commission shall pass the information on to the other Member States. The Community may decide that imports of the products in question to the Community shall be accompanied by a certificate of Russian origin referred to in Article 18(1) of Annex II.5. Random recourse to the procedure specified in this Article shall not constitute an obstacle to the release for free circulation of the products in question.Article 41. Where the verification procedure referred to in Article 2 or where information available to the competent authorities of the Community indicates that the provisions of this Decision are being contravened, the said authorities shall request Russia to carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to be in contravention of the provisions of this Decision. The results of these enquiries shall be communicated to the competent authorities of the Community together with any other pertinent information enabling the true origin of the goods to be determined.2. In pursuance of the action taken under the terms of this Annex, the competent authorities of the Community may exchange any information with the competent governmental authorities of Russia which is considered to be of use in preventing the contravention of the provisions of this Decision.3. Where it is established that the provisions of this Decision have been contravened, the Commission, acting in accordance with the procedure laid down in Article 7 of the Decision, may take, with the agreement of Russia, such measures as are necessary to prevent recurrence of such contravention.Article 5The Commission shall coordinate the action undertaken by the competent authorities of the Member States under the provisions of this Annex. The competent authorities of the Member States shall inform the Commission and the other Member States of action which they have undertaken and the results obtained.(1) 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 for at least two years by the competent governmental authority in each exporting country.ANNEX IVQUANTITATIVE LIMITSRUSSIAN FEDERATION>TABLE>Note:SA and SB are product categoriesSA1 to SA4 and SB1 to SB3 are product groups


title: 2014/857/EU: Council Decision of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC

text:
               1.12.2014

               EN

               Official Journal of the European Union

               L 345/1

         COUNCIL DECISION
   of 1 December 2014
   concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC

      (2014/857/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol No 36 on transitional provisions (hereinafter ‘Protocol No 36’), annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, and in particular to Article 10(5) thereof,
   Having regard the Protocol No 19 on the Schengen acquis integrated into the framework of the European Union (hereinafter ‘the Schengen Protocol’), annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular to Article 4 thereof,
   Having regard to the notification, under Article 10(4) of Protocol No 36, by the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter ‘the United Kingdom’), by its letter to the President of the Council of 24 July 2013,
   Having regard to the notification, under Article 10(5) of Protocol No 36, by the Government of the United Kingdom, by its letter to the President of the Council and to the President of the Commission taking effect on 1 December 2014, of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters,
   Whereas:

               (1)

               Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period after the entry into force of the Treaty of Lisbon, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36.

               (2)

               By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility by notifying the Council that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters would cease to apply to the United Kingdom on 1 December 2014.

               (3)

               Article 10(5) of Protocol No 36 allows the United Kingdom to notify the Council of its wish to participate in the above acts, including those acts which are part of the Schengen acquis, in which case the relevant provisions of the Schengen Protocol should apply.

               (4)

               By letter to the President of the Council and to the President of the Commission taking effect on 1 December 2014, the United Kingdom made use of the above possibility by notifying the Council of its wish to participate in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters to which it was already taking part in accordance with Council Decision 2000/365/EC (1), Council Decision 2004/926/EC (2) and Article 5(1) of the Schengen Protocol.

               (5)

               It is therefore necessary to identify the acts and provisions in the field of police cooperation and judicial cooperation in criminal matters which are part of the Schengen acquis in which the United Kingdom will continue to participate following the above notification of its wish to do so and therefore to amend Decision 2000/365/EC and Decision 2004/926/EC.

               (6)

               Decision 2000/365/EC and Decision 2004/926/EC, as amended, will thus continue to apply, in particular concerning those provisions of the Schengen acquis in which the United Kingdom was authorised to take part and which are not acts and provisions in the field of police cooperation and judicial cooperation in criminal matters as referred to in Article 10(1) of Protocol No 36.

               (7)

               Likewise, the United Kingdom will continue to participate in those acts and provisions of the Schengen acquis for which it was authorised to take part, which although they are acts and provisions in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon, have been amended by an act, applicable to the United Kingdom, adopted after that entry into force and which therefore fall under Article 10(2) of Protocol No 36. This is the case with regard to the Decision of the Executive Committee of 16 September 1998 (3) on the Schengen Evaluation Mechanism, which was amended by Council Regulation (EU) No 1053/2013 (4), and to Articles 48 to 53 of the 1990 Convention implementing the Schengen Agreement of 14 June 1985 as well as the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (5) and its Protocol (6), which were amended by Directive 2014/41/EU of the European Parliament and of the Council (7). This is also the case with regard to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (8), which was amended by the Protocol on the accession of the Principality of Liechtenstein to that Agreement (9) (hereinafter ‘the Agreement of 2008 on Switzerland's association with the Schengen acquis’).

               (8)

               As recalled in Decision 2000/365/EC, the United Kingdom has a special position in respect of matters covered by Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), as recognised in the Schengen Protocol, as well as in Protocol No 20 on the application of certain aspects of Article 26 of the TFEU to the United Kingdom and to Ireland (hereinafter ‘Protocol No 20’) and Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice (hereinafter ‘Protocol No 21’), annexed to the Treaty on European Union and to the TFEU. Due to this special position, the Schengen Protocol provides for the possibility of the United Kingdom to participate in some of the provisions of the Schengen acquis.

               (9)

               In accordance with Article 10(5) of Protocol No 36, the participation of the United Kingdom in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters as provided in this Decision re-establishes the widest possible measure of participation of the United Kingdom in the Schengen acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.

               (10)

               As recalled in Decision 2000/365/EC, the Schengen acquis was conceived and functions as a coherent ensemble which has to be fully accepted and applied by all States supporting the principle of the abolition of checks on persons at their common borders.

               (11)

               The implementing power to adopt the decisions under Articles 5(1) and 6(1) of Decision 2000/365/EC, whereby the Schengen acquis will be applied to the Channel Islands and the Isle of Man and the relevant acquis on the Schengen Information System will be put into effect for the United Kingdom, should be conferred on the Council. This is in view of the specific role entrusted to the Council by the Schengen Protocol when it comes to unanimously agreeing on new participants into the Schengen acquis, but also in view of the high level of mutual trust between the Member States which is required when examining that the preconditions for the implementation of the provisions on the Schengen Information System have been fulfilled and when taking the subsequent decision by which those provisions will be put into effect for the United Kingdom. The Council should act with the unanimity of its members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom.

               (12)

               In accordance with Article 2 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States (10), the Mixed Committee established pursuant to Article 3 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application, and development of the Schengen acquis
                   (11) has been consulted in accordance with Article 4 thereof about the preparation of this Decision.

               (13)

               In accordance with Article 5 of the Agreement of 2008 on Switzerland's association with the Schengen acquis, the Mixed Committee established pursuant to Article 3 thereof has been informed about the preparation of this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   As from 1 December 2014, the United Kingdom shall continue to participate in the provisions of the Schengen acquis as provided in this Decision, including in accordance with Decision 2000/365/EC and Decision 2004/926/EC, as amended by this Decision.
   This Article shall be without prejudice to acts and provisions of the Schengen acquis adopted since 1 December 2009 by which the United Kingdom is bound in accordance with Article 5(1) of the Schengen Protocol and Article 8(2) of Decision 2000/365/EC.
   Article 2
   Decision 2000/365/EC is amended as follows:

               (1)

               Article 1 is amended as follows:

                           (a)

                           point (a) is amended as follows:

                                       (i)

                                       in point (i):

                                                   —

                                                   the reference to Article ‘27’ is replaced by ‘27(1)’;

                                                   —

                                                   the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;

                                       (ii)

                                       points (ii) and (iii) are replaced by the following:

                                                   ‘(ii)

                                                   the following provisions concerning the Schengen Information System:

                                                               —

                                                               Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (12);

                                                               —

                                                               Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (13);

                                             ;

                           (b)

                           in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:

                                       ‘(i)

                                       the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;

                                       (ii)

                                       the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;

                                       (iii)

                                       the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5;’

                                 ;

                           (c)

                           in point (c), points (i) and (ii) are replaced by the following:
                           ‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);
                           SCH/Com-ex (98) 26 def (setting up the Schengen implementing Convention Standing Committee), subject to an internal arrangement specifying the modalities of participation of United Kingdom experts in missions carried out under the auspices of the relevant Council Working Party.’;

                           (d)

                           point (d) is deleted.

               (2)

               Articles 2, 3 and 4 are deleted.

               (3)

               Article 5 is amended as follows:

                           (a)

                           in paragraph 1, in the second sentence, the words ‘A decision on this request shall be taken by the Council …’ are replaced by ‘An implementing decision on this request shall be taken by the Council …’;

                           (b)

                           paragraph 2 is amended as follows:

                                       (i)

                                       in point (a):

                                                   —

                                                   the reference to Article ‘27’ is replaced by ‘27(1)’;

                                                   —

                                                   the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;

                                       (ii)

                                       in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:

                                                   ‘(i)

                                                   the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;

                                                   (ii)

                                                   the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;

                                                   (iii)

                                                   the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5.’

                                             ;

                                       (iii)

                                       in point (c), the list of acts is replaced by the following:
                                       ‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances).’;

                                       (iv)

                                       point (d) is deleted.

               (4)

               Article 6 is amended as follows:

                           (a)

                           paragraphs 1 and 2 are replaced by the following:
                           ‘1.   The provisions referred to in Article 1(a)(ii), as well as the other relevant provisions concerning the Schengen Information System adopted since 1 December 2009, but not yet put into effect, shall be put into effect, between the United Kingdom and the Member States and other States for which these provisions have already been put into effect, when the preconditions for the implementation of those provisions have been fulfilled, by an implementing decision taken by the Council.’;

                           (b)

                           paragraphs 3, 4 and 5 are renumbered as 2, 3 and 4, respectively;

                           (c)

                           in paragraph 4, renumbered 3, the words ‘Any decision under paragraphs 1, 2 and 3’ are replaced by ‘Any implementing decision under paragraphs 1 and 2’.

               (5)

               In Article 7, paragraph 1 is deleted and paragraph 2 becomes a single paragraph.

         Article 3
   Decision 2004/926/EC is amended as follows:

               (1)

               In Article 1, the following paragraph is added:
               ‘As from 1 December 2014, the United Kingdom shall continue to apply the provisions referred to in Articles 1(a)(i), (b) and (c) and 5(2) of Decision 2000/365/EC, as amended by Council Decision 2014/857/EU (14), as well as the provisions of the acts listed in Annexes I and II to this Decision, as amended by Decision 2014/857/EU..

               (2)

               In Annex I:

                           (a)

                           point 4 is deleted;

                           (b)

                           the following points are added:

                                       ‘8.

                                       Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

                                       9.

                                       Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 50).

                                       10.

                                       Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating in particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1).’

                                 .

         Article 4
   This Decision shall enter into force on 1 December 2014.

      Done at Brussels, 1 December 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (2)  Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (OJ L 395, 31.12.2004, p. 70).

      (3)  Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/Com-ex (98) 26 def.) (OJ L 239, 22.9.2000, p. 138).

      (4)  Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

      (5)  Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3).

      (6)  Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).

      (7)  Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters,(OJ L 130, 1.5.2014, p. 1).

      (8)  OJ L 53, 27.2.2008, p. 52.

      (9)  Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 160, 18.6.2011, p. 3).

      (10)  OJ L 15, 20.1.2000, p. 2.

      (11)  OJ L 176, 10.7.1999, p. 36.

      (12)  OJ L 205, 7.8.2007, p. 63.

      (13)  OJ L 79, 20.3.2007, p. 29.’

      (14)  Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC (OJ L 345, 1.12.2014, p. 1).’