Agreement in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Kazakhs


Published: 2004-06-08

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22004A0806(02)
 
Agreement in the form of an Exchange of Letters between the European
Community and the Republic of Kazakhstan establishing a
double-checking system without quantitative limits in respect of the
export of certain steel products from the Republic of Kazakhstan to
the European Community
 
Official Journal L 261 , 06/08/2004 P. 0049 - 0062 
 
Dates:
end of validity:   99/99/9999
 
Author:
European Community ; Kazakhstan
 
Subject matter: External relations ; Commercial policy ; Steel
industry
Directory code: 11401030 ; 11604030
EUROVOC descriptor: Kazakhstan ; iron and steel product ; EC trade
agreement ; customs document ; customs inspection ; monitoring of
exports
 
Legal basis:
102E133................... Adoption
102E300-P2FR1............. Adoption
Amended by:
Adopted by.... 304D0577.......... from 29/04/2004
 
 
 
 
Agreement in the form of an Exchange of Letters between the European
Community and the Republic of Kazakhstan establishing a
double-checking system without quantitative limits in respect of the
export of certain steel products from the Republic of Kazakhstan to
the European Community
 
A. Letter from the European Community
 
Sir,
1. I have the honour to refer to the Agreement between the European
Coal and Steel Community and the Government of the Republic of
Kazakhstan on trade in certain steel products concluded on 22 July
2002 . Furthermore, consultations took place with regard to problems
concerning certain steel products which fall outside the scope of
the abovementioned Agreement.
2. Following these consultations the Parties hereby agree to
establish a double-checking system, without quantitative limits, in
respect of certain steel products in order to improve transparency
and to avoid possible diversions of trade. The details of the
double-checking system are annexed to this letter.
3. This Exchange of Letters is without prejudice to the application
of the relevant provisions of the bilateral agreements on trade and
trade-related matters, in particular those relating to anti-dumping
and safeguard measures.
4. Either Party may at any time propose amendments to the Annex or
the Appendices thereto, which shall require the mutual consent of
the Parties and shall take effect as agreed by them. Should
anti-dumping or safeguard investigations be initiated or measures
introduced in the European Community concerning a product under the
double-checking system, Kazakhstan will decide whether to exclude
the product in question from the double-checking system. Such a
decision shall not affect the entry into free circulation of the
product in question into the Community.
5. In conclusion, I have the honour to propose that if this letter,
the Annex and the Appendices thereto are acceptable to your
Government, this letter and your confirmation shall together
constitute an agreement between the European Community and
Kazakhstan, which shall enter into force on the date of your reply.
Please accept, Sir, the assurance of my highest consideration,
On behalf of the European Community
 
>REFERENCE TO A GRAPHIC>
 
B. Letter from the Government of the Republic of Kazakhstan
 
Sir,
I have the honour to acknowledge receipt of your letter of
.......... which reads as follows:
ė1. I have the honour to refer to the Agreement between the European
Coal and Steel Community and the Government of the Republic of
Kazakhstan on trade in certain steel products concluded on 22 July
2002 . Furthermore, consultations took place with regard to problems
concerning certain steel products which fall outside the scope of
the abovementioned Agreement.
2. Following these consultations the Parties hereby agree to
establish a double-checking system, without quantitative limits, in
respect of certain steel products in order to improve transparency
and to avoid possible diversions of trade. The details of the
double-checking system are annexed to this letter.
3. This Exchange of Letters is without prejudice to the application
of the relevant provisions of the bilateral agreements on trade and
trade-related matters, in particular those relating to anti-dumping
and safeguard measures.
4. Either Party may at any time propose amendments to the Annex or
the Appendices thereto, which shall require the mutual consent of
the Parties and shall take effect as agreed by them. Should
anti-dumping or safeguard investigations be initiated or measures
introduced in the European Community concerning a product under the
double-checking system, Kazakhstan will decide whether to exclude
the product in question from the double-checking system. Such a
decision shall not affect the entry into free circulation of the
product in question into the Community.
5. In conclusion, I have the honour to propose that if this letter,
the Annex and the Appendices thereto are acceptable to your
Government, this letter and your confirmation shall together
constitute an agreement between the European Community and
Kazakhstan, which shall enter into force on the date of your reply.»
 
I have the honour to confirm that the above is acceptable to my
Government and that your letter, this reply and the attached Annex
and Appendices together constitute an agreement, in accordance with
your proposal.
Please accept, Sir, the assurance of my highest consideration,
For the Government of the Republic of Kazakhstan
 
>REFERENCE TO A GRAPHIC>
 
ANNEX
 
1.1. For the period running from the date on which this Agreement is
applied between the Parties to 31 December 2004 , unless both
Parties agree to terminate the system earlier, imports into the
Community of the products listed in Appendix I originating in
Kazakhstan shall be subject to the presentation of a surveillance
document conforming to the model shown in Appendix II issued by the
authorities in the Community.
1.2. For the period running from the date on which this Agreement is
applied to 31 December 2004 , unless both Parties agree to terminate
the system earlier, imports into the Community of the products
listed in Appendix I and which originate in Kazakhstan shall, in
addition, be subject to the issue of an export document by the
competent Kazakhstan authorities. The importer must present the
original of the export document not later than 31 March of the year
following that in which the goods covered by the document were
shipped.
1.3. Shipment is considered to have taken place on the date of
loading on to the exporting means of transport.
1.4. The export document shall conform to the model shown in
Appendix III. It shall be valid for exports throughout the customs
territory of the Community.
1.5. Kazakhstan shall notify the Commission of the European
Communities of the names and addresses of the appropriate Kazakhstan
governmental authorities which are authorised to issue and verify
export documents together with specimens of the stamps and
signatures they use. Kazakhstan shall also notify the Commission of
any change in these particulars.
1.6. The classification of the products covered by this Agreement is
based on the tariff and statistical nomenclature of the Community
(hereinafter called CN). The origin of the products covered by this
Agreement shall be determined in accordance with the rules in force
in the Community.
1.7. The competent authorities of the Community undertake to inform
Kazakhstan of any changes in the CN in respect of products covered
by this Agreement before their date of entry into force in the
Community.
1.8. Certain technical provisions on the implementation of the
double-checking system are set out in Appendix IV.
2.1. Kazakhstan undertakes to supply the Community with precise
statistical information on the export documents issued by the
Kazakhstan authorities pursuant to 1.2. Such information shall be
transmitted to the Community by the end of the month following the
month to which the statistics relate.
2.2. The Community undertakes to supply the Kazakhstan authorities
with precise statistical information on surveillance documents
issued by Member States in respect of the export documents issued by
the Kazakhstan authorities pursuant to 1.1. Such information shall
be transmitted to the Kazakhstan authorities by the end of the month
following the month to which the statistics relate.
3. If necessary, at the request of either of the Parties,
consultations shall be held on any problems arising from the
operation of this Agreement. Such consultations shall be held
promptly. Any consultations held under this paragraph shall be
approached by both Parties in a spirit of cooperation and with a
desire to reconcile the difference between them.
4. Any notices to be given hereunder shall be given:
in respect of the Community, to the Commission of the European
Communities,
in respect of Kazakhstan, to the Mission of the Republic of
Kazakhstan to the European Communities.
 
Appendix I
 
List of products subject to double-checking without quantitative
limits
KAZAKHSTAN
ex 72112330 (TARIC code 7211233099)
ex 72112380 (TARIC code 7211238099)
ex 72112900 (TARIC code 7211290091)
ex 72112900 (TARIC code 7211290099)
ex 72119000 (TARIC code 7211900090)
ex 72112320 (TARIC code 7211232090)
ex 72251910 (TARIC code 7225191000)
ex 72251990 (TARIC code 7225199000)
ex 72261910 (TARIC code 7226191000)
ex 72261980 (TARIC code 7226198010)
ex 72261980 (TARIC code 7226198090)
ex 72261100 (TARIC code 7226110090)
Appendix II
 
EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT
 
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>REFERENCE TO A GRAPHIC>
EUROPEAN COMMUNITY SURVEILLANCE DOCUMENT
 
>REFERENCE TO A GRAPHIC>
 
>REFERENCE TO A GRAPHIC>
Appendix III
 
 
>REFERENCE TO A GRAPHIC>
 
>REFERENCE TO A GRAPHIC>
Appendix IV
 
KAZAKHSTAN
Technical provisions on the implementation of the double-checking
system
1. The export documents shall measure 210 × 297 mm. The paper used
shall be white writing paper, sized, not containing mechanical pulp,
and weighing not less than 25 g/m2. They shall be made out in
English. If they are completed by hand, entries must be in ink and
in printed script. These documents may comprise additional copies
duly indicated as such. If the documents have several copies only
the top copy is the original. This copy shall be clearly marked as
ėoriginal» and other copies as ėcopies» . Only the original shall be
accepted by the competent authorities of the Community as being
valid for the control of export to the Community in accordance with
the provisions of the double-checking system.
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: KZ =
Kazakhstan,
two letters identifying the intended Member State of customs
clearance as follows:
BE = Belgium DK = Denmark DE = Germany EL = Greece ES = Spain FR =
France IE = Ireland IT = Italy LU = Luxembourg NL = Netherlands AT =
Austria PT = Portugal FI = Finland SE = Sweden GB = United Kingdom
CZ = Czech Republic(1) EE = Estonia(2) CY = Cyprus(3) LV = Latvia(4)
LT = Lithuania(5) HU = Hungary(6) MT = Malta(7) PL = Poland(8) SI =
Slovenia(9) SK = Slovak Republic(10)
a one-digit number identifying the year, corresponding to the last
figure in the respective year, e.g. ė4» for 2004,
a two-digit number from 01 to 99, identifying the particular issuing
office concerned in the exporting country,
a five-digit number running consecutively from 00001 to 99999
allocated to the intended Member State of customs clearance.
 
3. The export documents shall be valid for the calendar year during
which they are issued, as shown in Box No 3 of the export document.
4. Since the importer needs to present the original export document
when requesting an import document, export documents should, as far
as possible, be issued in respect of individual commercial
transactions, not global contracts.
5. Kazakhstan need not show price information on the export
document, but that information is available to the Commission
authorities on request.
6. Export documents may be issued after the shipment of the products
to which they relate. In such cases they must bear the endorsement
ėissued retrospectively» .
7. In the event of a theft, loss or destruction of an export
document, the exporter may apply to the competent governmental
authority which issued the document for a duplicate to be made out
on the basis of the export documents in his possession. The
duplicate of any such document so issued shall bear the endorsement
ėduplicate» . The duplicate shall bear the date of the original
export document.
8. The competent authorities of the Community shall be informed
immediately of the withdrawal or modification of any export
documents already issued and, where relevant, of the basis for such
action.
(1) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(2) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(3) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(4) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(5) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(6) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(7) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(8) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(9) These references of these Member States and the associated codes
shall apply as of their accession to the European community.
(10) These references of these Member States and the associated
codes shall apply as of their accession to the European community.