AGREEMENT between the European Coal and Steel Community and the Government of Ukraine on trade in certain steel products

THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part, and

THE GOVERNMENT OF UKRAINE,

of the other part,

Whereas the European Coal and Steel Community (hereinafter referred to as 'the Community`) and the Government of Ukraine (hereinafter referred to as 'Ukraine`) are agreed on the need to take the fullest possible account of the serious economic problems at present affecting the steel industry in both importing and exporting countries;

Whereas the Parties are desirous to promote the orderly and equitable development of trade in steel between the European Coal and Steel Community and Ukraine;

Whereas the Parties consider that this Agreement will create favourable conditions for the progress of Ukraine in its economic reforms and will facilitate the perspectives for a future free trade area as referred to in the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine signed on 14 June 1994 (hereinafter referred to as the 'Partnership and Cooperation Agreement`);

Whereas the Parties consider that an arrangement should be concluded to provide stability in respect of trade in such steel products;

Whereas such an Agreement is foreseen by Article 17 (1) of the Partnership and Cooperation Agreement; whereas that Article provides that trade in ECSC products is governed by Title III of the Partnership and Cooperation Agreement, save for Article 11 thereof;

Whereas Article 49 of the Partnership and Cooperation Agreement provides the framework for the creation of proper competitive conditions in respect of competition and public aids affecting trade between the Parties;

Whereas, by virtue of Articles 14 and 17 of the Interim Agreement on trade and trade-related matters between the Parties, which entered into force on 1 February 1996 (1), the abovementioned provisions of the Partnership and Cooperation Agreement are already being implemented between the Parties;

Whereas, for the years 1995 and 1996, trade in certain products covered by the Treaty establishing the European Coal and Steel Community was the subject of an agreement between the Parties, which it is appropriate to replace with a further agreement which takes account of developments in the relationship between the Parties;

Whereas this Agreement is designed to provide a framework permitting the removal of quantitative restrictions on trade in certain products covered by the Treaty establishing the European Coal and Steel Community provided that certain conditions are met and in particular when proper competitive conditions have been established in respect of the steel products covered by the Agreement;

Whereas this Agreement should be complemented by the cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within the ECSC Contact Group as foreseen in the Partnership and Cooperation Agreement as implemented by the Interim Agreement,

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:

THE COMMISSION OF THE EUROPEAN COMMUNITIES, AND

THE GOVERNMENT OF UKRAINE,

WHO HAVE AGREED AS FOLLOWS:

Article 1

1. Trade in the steel products covered by the ECSC Treaty set out in Annex I originating within the Parties (hereinafter called 'the products covered by this Agreement`) shall be subject to the conditions set out in this Agreement.

2. Trade in the steel products covered by the ECSC Treaty but not set out in Annex I shall not be subject to quantitative limits without prejudice to the application of the relevant provisions of the agreements on trade and trade-related matters in force between the Parties, in particular those relating to anti-dumping procedures and safeguard measures.

Article 2

1. Ukraine agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community of the steel products in accordance with Annex II. Such exports shall be subject to a double-checking system as specified in Protocol A.

2. At the request of either Party, the Parties shall consult to determine whether the competitive conditions in respect of the products covered by the Agreement are such that quantitative restrictions are no longer necessary. The consultations foreseen by paragraph 2 may be requested at any time during the application of this Agreement.

3. Without prejudice to the provisions of paragraph 2, the Parties will effect a review of progress in the development of competitive conditions beginning not later than 30 months following the entry into force of this Agreement. The Parties will in any event meet to review the operation of this Agreement and to determine whether competitive conditions in respect of the products covered by the Agreement are such that quantitative restrictions are no longer necessary, not later than six months prior to the expiry of this Agreement.

4. For the purposes of the consultations and evaluations foreseen in paragraphs 2 and 3, the Parties shall take account in particular of the implementation by Ukraine of the provisions of Protocol B concerning competition, public aid and environmental protection in respect of the products covered by the Agreement; the future development of the relationship between the Parties as foreseen by the Partnership and Cooperation Agreement; and developments in the economies of the Parties.

5. Without prejudice to paragraph 2 either Party may, at any time, request consultations concerning:

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

- the possibility of transferring unused amounts from under-utilized product groups to other groups.

6. The operation of this Agreement shall, in any event, be reviewed prior to Ukraine becoming a member of the World Trade Organization.

Article 3

1. Imports into the customs territory of the Community for free circulation of steel products covered by this Agreement shall be subject to the production of an export licence issued by the authorities of Ukraine and to a certificate of origin in accordance with the provisions of Protocol A.

2. Imports into the customs territory of the Community of steel products covered by this Agreement shall not be subject to the quantitative limits set out in Annex II provided they are declared to be for re-export outside the Community in the same state or after processing, within the administrative system of control which exists within the Community.

3. Carry over to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits not used during any calendar year is authorized up to 7 % of the relevant quantitative limit for the year in which it was not used. Ukraine shall notify the Community no later than 1 March of the following year if it intends to make use of this provision.

4. Up to 7 % of the quantitative limit for a given product group may be transferred to one or more other groups within the same product category, i.e. within SA or SB, subject to the consent of both Parties. The quantitative limit for a given product group can be reduced once in the course of a calendar year. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. At the start of the following calendar year, the quantitative limits shall be those shown at Annex II, without prejudice to the provisions of paragraph 3 above. Ukraine shall notify the Community no later than 30 June if it intends to make use of this provision.

Article 4

1. With a view to rendering the double-checking system as effective as possible and to minimize the possibilities for abuse and circumvention:

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

- the Community authorities shall inform the Ukrainian authorities by the 28th of each month of the import authorizations issued during the preceding month.

In the event of any significant discrepancy taking account of the time factors involved in respect of such information, either Party may request consultations which shall be opened immediately.

2. Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, both Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning quantities description or classification of merchandise and by whatever other means. Accordingly, the Parties agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.

3. Should the Community believe on the basis of information available that this Agreement is being circumvented, the Community may request consultations with Ukraine which shall be held immediately.

4. Pending the results of the consultations referred to in paragraph 3, and if requested by the Community and on provision of sufficient evidence, Ukraine shall ensure that any adjustments of the quantitative limits which may result from such consultations, are carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.

5. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that products covered by this Agreement originating in Ukraine have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits established under the Agreement.

6. Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.

7. The Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.

Article 5

1. The quantitative limits established under this Agreement on imports of ECSC steel products into the Community shall not be broken down by the Community into regional shares.

2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows into the Community. Should a sudden and prejudicial change in traditional trade flows arise (including regional concentration or the loss of traditional supplies), the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

3. Ukraine shall endeavour to ensure that exports into the Community of products subject to quantitative limits are spaced out as evenly as possible over the year. Should a sudden and prejudicial surge of imports arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.

4. In addition to the obligation contained in paragraph 3, and without prejudice to the consultations foreseen by Article 2 paragraph 5, where licences issued by the Ukrainian authorities have reached 90 % of the quantitative limits for the calendar year in question, either Party may request consultations concerning the quantitative limits for that year. Such consultations shall be held immediately. Pending the outcome of such consultations the Ukrainian authorities may continue to issue export licences for the products covered by this Agreement provided they do not exceed the quantities set out in Annex 2.

Article 6

1. Should the Community consider that steel products covered by this Agreement are being imported into the Community from Ukraine at a price abnormally lower than the normal competitive level and are for this reason causing or threatening to cause substantial injury to Community producers of like products, it may request consultations which shall be opened immediately.

2. If following such consultations it is acknowledged by common accord that the situation described in paragraph 1 exists, Ukraine shall take, within the limits of its powers, the necessary steps, notably as regards the price at which the product in question will be sold, to remedy the situation.

3. In order to determine whether the price of a steel product is lower than the normal competitive level, it may be compared, inter alia, with:

- the prices generally charged for like products sold under ordinary conditions by other exporting countries on the Community market,

- the prices of like Community products at a comparable marketing stage on the Community market.

4. Should the consultations referred to in paragraph 2 above fail to lead to agreement within 30 days of the Community's request for consultations, the Community may, until these consultations have produced a mutually satisfactory solution, temporarily refuse consignments of the product in question at prices under the conditions referred to in paragraph 1 above.

5. In exceptional and critical circumstances, where consignments of products covered by this Agreement are being imported from Ukraine into the Community at prices abnormally lower than the normal competitive level, such as to cause injury which it would be difficult to repair, the Community may temporarily suspend imports of the products concerned pending agreement on a solution in the course of consultations, which shall be opened immediately. The Parties shall do their utmost to reach a mutually acceptable solution within 10 working days' notice of the opening of such consultations.

6. Should the Community have recourse to the measures referred to in paragraphs 4 and 5 above, Ukraine may at any time request the opening of consultations to examine the possibility of eliminating or modifying these measures where the causes which made them necessary no longer exist.

Article 7

1. The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature`, or in abbreviated form 'CN`) and any amendments thereof. Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning the products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of this Agreement.

2. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community. Any amendment to these rules of origin shall be communicated to Ukraine and shall not have the effect of reducing the quantitative limits of this Agreement. The procedures for control of the origin of the products referred to above are laid down in Protocol A.

Article 8

1. Without prejudice to the periodic exchange of information on export licences and import authorizations pursuant to Article 4 (1), the Parties agree to exchange full statistical information relating to the products subject to the quantitative limits set out in Annex 2 at appropriate intervals taking account of the shortest periods in which the information in question is prepared which shall cover export licences and import authorizations issued pursuant to Article 3, import and export statistics in respect of the products in question.

2. Either Party may request consultations in the event of any significant discrepancy between the information exchanged.

Article 9

1. Without prejudice to provisions concerning consultations foreseen in respect of specific circumstances in preceding Articles, consultations shall be held on any problems arising from the application of this Agreement at the request of either of the Parties. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.

2. Where this Agreement provides that consultations shall be held immediately, the Contracting Parties undertake to use all reasonable means to ensure that this is achieved.

3. All other consultations shall be governed by the following provisions:

- any request for consultations shall be notified in writing to the other Party,

- where appropriate, the request shall be followed within a reasonable period by a report setting out the reasons for the consultations,

- consultations shall begin within one month from the date of the request,

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

4. Specific additional consultations may also be held by agreement between the Contracting Parties.

Article 10

1. This Agreement shall enter into force on the day of its signature. It shall be applicable until 31 December 2001 subject to any modifications agreed by the Parties following consultations pursuant to paragraph 2 of Article 2 and unless it is denounced in accordance with the provisions of paragraph 3 of this Article or terminated following the reviews foreseen in paragraphs 2, 3 and 6 of Article 2.

2. Either Party may at time propose modifications to this Agreement which at the request of either Party shall be the subject of consultations.

3. Either Party may denounce this Agreement, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice and the quantitative limits in the Community established in Annex 2 of this Agreement shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Parties decide otherwise by common agreement.

4. The Community reserves the right at all times to take all appropriate measures including, where the Parties are unable to reach a mutually satisfactory solution in the consultations foreseen in paragraph 1 or where this Agreement is denounced by either Party, the reintroduction of a system of autonomous quotas in respect of exports from Ukraine of the products set out in Annex I to this Agreement.

5. The Annexes and Protocols attached to this Agreement shall form an integral part thereof.

6. In respect of the products covered by this Agreement, the provisions of this Agreement shall prevail over provisions relating to the same subject matter contained in other bilateral agreements between the Parties.

Article 11

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic.

Done at Brussels, 15 July 1997.

For the Commission of the European Communities

For the Government of Ukraine

(1) OJ No L 311, 23. 12. 1995, p. 1.

ANNEX I

UKRAINE

SA Flat-rolled products

SA1. Coils

7208 10 00

7208 25 00

7208 26 00

7208 27 00

7208 36 00

7208 37 10

7208 37 90

7208 38 10

7208 38 90

7208 39 10

7208 39 90

7211 14 10

7211 19 20

7219 11 00

7219 12 10

7219 12 90

7219 13 10

7219 13 90

7219 14 10

7219 14 90

7225 19 10

7225 20 20

7225 30 00

SA2. Heavy Plate

7208 40 10

7208 51 10

7208 51 30

7208 51 50

7208 51 91

7208 51 99

7208 52 10

7208 52 91

7208 52 99

7208 53 10

7211 13 00

SA3. Other flat rolled products

7208 40 90

7208 53 90

7208 54 10

7208 54 90

7208 90 10

7209 15 00

7209 16 10

7209 16 90

7209 17 10

7209 17 90

7209 18 10

7209 18 91

7209 18 99

7209 25 00

7209 26 10

7209 26 90

7209 27 10

7209 27 90

7209 28 10

7209 28 90

7209 90 10

7210 11 10

7210 12 11

7210 12 19

7210 20 10

7210 30 10

7210 41 10

7210 49 10

7210 50 10

7210 61 10

7210 69 10

7210 70 31

7210 70 39

7210 90 31

7210 90 33

7210 90 38

7211 14 90

7211 19 90

7211 23 10

7211 23 51

7211 29 20

7211 90 11

7212 10 10

7212 10 91

7212 20 11

7212 30 11

7212 40 10

7212 40 91

7212 50 31

7212 50 51

7212 60 11

7212 60 91

7219 21 10

7219 21 90

7219 22 10

7219 22 90

7219 23 00

7219 24 00

7219 31 00

7219 32 10

7219 32 90

7219 33 10

7219 33 90

7219 34 10

7219 34 90

7219 35 10

7219 35 90

7225 40 80

SB. Longs

SB1. Beams

7207 19 31

7207 20 71

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

7216 33 10

7216 33 90

SB2. Wire rod

7213 10 00

7213 20 00

7213 91 10

7213 91 20

7213 91 41

7213 91 49

7213 91 70

7213 91 90

7213 99 10

7213 99 90

7221 00 10

7221 00 90

7227 10 00

7227 20 00

7227 90 10

7227 90 50

7227 90 95

SB3. Other longs

7207 19 11

7207 19 14

7207 19 16

7207 20 51

7207 20 55

7207 20 57

7214 20 00

7214 30 00

7214 91 10

7214 91 90

7214 99 10

7214 99 31

7214 99 39

7214 99 50

7214 99 61

7214 99 69

7214 99 80

7214 99 90

7215 90 10

7216 10 00

7216 21 00

7216 22 00

7216 40 10

7216 40 90

7216 50 10

7216 50 91

7216 50 99

7216 99 10

7218 99 20

7222 11 11

7222 11 19

7222 11 21

7222 11 29

7222 11 91

7222 11 99

7222 19 10

7222 19 90

7222 30 10

7222 40 10

7222 40 30

7224 90 31

7224 90 39

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 20

7228 30 41

7228 30 49

7228 30 61

7228 30 69

7228 30 70

7228 30 89

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

7301 10 00

ANNEX II

>TABLE>

Agreed minute

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, the Parties agree that:

- in pursuance of the exchange of information foreseen in Article 4 (1) concerning export licences and import authorizations the parties will supply that information by reference to the Member States in addition to the Community as a whole,

- pending the satisfactory outcome of the consultations foreseen by Article 5 (2), Ukraine will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows; and

- Ukraine will take due account of the sensitive nature of small regional markets within the Community both as regards their traditional needs for supplies and the avoidance of regional concentrations.

For the Commission of the European Communities

For the Government of Ukraine

Declaration No 1

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, and more particularly Article 6 thereof, the Parties agree that it is the understanding of the European Community that in the event that the provisions of Article 6 are fulfilled in respect of exports from Ukraine to the Community of products covered by this Agreement, European industry has no intention of making use of any procedures in respect of anti-dumping and/or countervailing duties in respect of imports of such products to the Community.

Declaration No 2

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, and more particularly Article 9 thereof, the Parties agree that Ukraine may, following experience with the management of the Agreement, propose consultations concerning the quantitative limits in respect of the categories of products in order more appropriately to take account of the utilization of the quantitative limits.

Declaration No 3

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, and more particularly the quantitative limits contained in Annex II thereof, the Parties agree that, without prejudice to the consultations foreseen by Article 5 (4), Ukraine may request consultations concerning the amounts of such limits in order to ascertain whether the possibility exists to adjust them, taking account of the needs and situation of the Community market.

Declaration No 4

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, and more particularly Article 3 thereof, the Parties confirm their understanding that this Agreement does not affect existing systems concerning the import and duties in respect of the steel products mentioned in Annex I to the Agreement which are intended for certain categories of ships, boats and other vessels and for drilling or production platforms for the purposes of their construction, repair, maintenance or conversion and in respect of goods intended for fitting to or equipping such ships, boats or other vessels.

Declaration No 5

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997 and more particularly Article 3 (3) thereof, the Parties agree that Ukraine may, in the event of exceptional circumstances relating to production of the products covered by the Agreement in Ukraine request consultations concerning the carry-over of amounts to the following year.

Declaration No 6

In the context of the Agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products signed in Brussels on 15 July 1997, the Parties agree that they shall not apply with respect to the other Party quantitative restrictions, customs duties, charges or any measures having equivalent effect on the export of ferrous waste and scrap under the combined nomenclature heading 7204.

PROTOCOL A

TITLE I CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform Ukraine of any changes in the combined nomenclature (CN) in respect of products covered by the Agreement before the date of their entry into force in the Community.

2. The competent authorities of the Community undertake to inform the competent authorities of Ukraine of any decisions relating to the classification of products covered by the Agreement within one month of their adoption at the latest.

Such a description shall include:

(a) a description of the products concerned,

(b) the relevant CN codes,

(c) the reasons which have led to the decision.

3. Where a decision on classification results in a change of classification practice of any product covered by the Agreement, the competent authorities of the Community shall provide 30 days' notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date.

4. Where a Community decision on classification resulting in a change of classification practice of any product covered by the Agreement affects a category subject to quantitative limits, the Parties agree to enter into consultations in accordance with the procedures described in Article 9 (3) of the Agreement with a view to honouring the obligation contained in Article 7 (1) of the Agreement.

5. In case of divergent opinions between the competent authorities of Ukraine and the Community at the point of entry into the Community on the classification of products covered by the Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 9 with a view to reaching agreement on the definitive classification of the products concerned.

TITLE II ORIGIN

Article 2

1. Products originating in Ukraine according to the Community Regulations in force for export to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Ukrainian origin conforming to the model annexed to this Protocol.

2. The certificate of origin shall be certified by the Ukrainian organizations authorized for such purposes under Ukrainian legislation as to whether the products in question can be considered as products originating in Ukraine.

Article 3

The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. The Ukrainian organizations authorized for such purposes under Ukrainian legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.

Article 4

The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.

TITLE III DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITS

SECTION I Exportation

Article 5

The appropriate Ukrainian governmental authorities shall issue an export licence in respect of all consignments from Ukraine of steel products covered by the Agreement up to the quantitative limits set out in Annex 2 of the Agreement.

Article 6

1. The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory of the Community.

2. Each export licence must certify inter alia that the quantity of the product in question has been set off against the relevant quantitative limit established for the product concerned in Annex 2 of the Agreement.

Article 7

The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.

Article 8

1. Exports shall be set off against the quantitative limits established for the year in which the shipment of goods has been effected even if the export licence is issued after such shipment.

2. For the purposes of applying paragraph 1, shipment of goods is considered to have taken place on the date of their loading onto the exporting transport.

Article 9

The presentation of an export licence, in application of Article 11, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.

SECTION II Importation

Article 10

The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorization.

Article 11

1. The competent authorities of the Community shall issue the import authorization referred to in Article 8 above, within 10 working days of the presentation by the importer of the original of the corresponding export licence. A list of the competent authorities is annexed to this Protocol.

2. The import authorizations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.

3. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn.

However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the release for free circulation of the products into the Community, the relevant quantities shall be set off against the limits established for the product.

Article 12

If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Ukraine exceed the relevant quantitative limit established for products covered by Annex II of the Agreement the Community authorities shall suspend the further issue of import authorizations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authorities of Ukraine and immediate consultations pursuant to Article 9 (2) of the Agreement shall be initiated.

TITLE IV FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY

Article 13

1. The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script.

These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked 'original` and the other copies 'copies`. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.

2. Each document shall bear a standardized serial number, whether or not printed, by which it can be identified.

This number shall be composed of the following elements:

- two letters identifying the exporting country as follows: UA,

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

BE= Belgium

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;

- a one-digit number identifying the year in question corresponding to the last figure in the year, e.g. '7` for 1997,

- 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.

Article 14

The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases, they must bear the endorsement 'issued retrospectively`.

Article 15

1. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Ukrainian governmental authorities competent to issue licences or to the Ukrainian organizations authorized to issue certificates of origin under Ukrainian legislation, respectively, for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement 'duplicate`.

2. The duplicate shall bear the date of the original export licence or certificate of origin.

TITLE V ADMINISTRATIVE COOPERATION

Article 16

The Parties shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.

Article 17

In order to ensure the correct application of this Protocol, the Parties shall offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.

Article 18

Ukraine shall send the Commission of the European Communities the names and addresses of the competent Ukrainian authorities which are authorized to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in this information.

Article 19

1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.

2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Ukrainian authorities giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.

3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol.

4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.

Should such verifications reveal systematic irregularities in the use of certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.

5. For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept by the appropriate Ukrainian authorities for at least one year following the end of the Agreement.

6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question.

Article 20

1. Where the verification procedure referred to in Article 19 or where information available to the competent authorities of the Community or of Ukraine indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.

2. To this end, the appropriate Ukrainian authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Ukraine shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.

3. By agreement between the Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.

4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Ukraine shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the trade in the type of products covered by the Agreement between Ukraine and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Ukraine prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation, where available.

5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Ukraine and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.

EXPORT LICENCE

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) ORIGINAL No 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT LICENCE (ECSC products) 6 Country of origin 7 Country of destination 8 Place and date of shipment - means of transport 9 Supplementary details 10 Description of goods - manufacturer 11 CN code 12 Quantity (1) 13 Fob value (2) 14 CERTIFICATION BY THE COMPETENT AUTHORITY I, the undersigned, certify that the goods described above have been charged against the quantitative limits established for the year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in ECSC products with the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

EXPORT LICENCE

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) COPY No 3 Year 4 Product group 5 Consignee (name, full address, country) EXPORT LICENCE (ECSC products) 6 Country of origin 7 Country of destination 8 Place and date of shipment - means of transport 9 Supplementary details 10 Description of goods - manufacturer 11 CN code 12 Quantity (1) 13 Fob value (2) 14 CERTIFICATION BY THE COMPETENT AUTHORITY I, the undersigned, certify that the goods described above have been charged against the quantitative limits established for the year shown in box No 3 in respect of the Product group shown in box No 4 by the provisions regulating trade in ECSC products with the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

CERTIFICATE OF ORIGIN

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) ORIGINAL No 3 Year 4 Product group 5 Consignee (name, full address, country) CERTIFICATE OF ORIGIN (ECSC products) 6 Country of origin 7 Country of destination 8 Place and date of shipment - means of transport 9 Supplementary details 10 Description of goods - manufacturer 11 CN code 12 Quantity (1) 13 Fob value (2) 14 CERTIFICATION BY THE COMPETENT AUTHORITY I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the provisions in force in the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

CERTIFICATE OF ORIGIN

>START OF GRAPHIC>

(1) Show net weight (kg) and also quantity in the unit prescribed where other than net weight.(2) In the currency of the sale contract. 1 Exporter (name, full address, country) COPY No 3 Year 4 Product group 5 Consignee (name, full address, country) CERTIFICATE OF ORIGIN (ECSC products) 6 Country of origin 7 Country of destination 8 Place and date of shipment - means of transport 9 Supplementary details 10 Description of goods - manufacturer 11 CN code 12 Quantity (1) 13 Fob value (2) 14 CERTIFICATION BY THE COMPETENT AUTHORITY I, the undersigned, certify that the goods described above originated in the country shown in box No 6, in accordance with the provisions in force in the European Community. 15 Competent authority (name, full address, country) At . on . (Signature) (Stamp)>END OF GRAPHIC>

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN ÄÉÅÕÈÕÍÓÅÉÓ ÔÙÍ ÁÑ×ÙÍ ÅÊÄÏÓÇÓ ÁÄÅÉÙÍ ÔÙÍ ÊÑÁÔÙÍ ÌÅËÙÍ 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 LISTA ÖVER KOMPETENTA NATIONELLA MYNDIGHETER

BELGIQUE/BELGIË

Administration des relations économiques

Quatrième division: Mise en oeuvre des politiques commerciales internationales - Services «Licences»

Rue Général Leman 60

B-1040 Bruxelles

Télécopieur: (32-2) 230 83 22

Bestuur van de Economische Betrekkingen

Vierde Afdeling: Toepassing van het Internationaal Handelsbeleid - Dienst Vergunningen

Generaal Lemanstraat 60

B-1040 Brussel

Fax: (32-2) 230 83 22

DANMARK

Erhvervsfremme Styrelsen

Søndergade 25

DK-8600 Silkeborg

Fax (45) 87 20 40 77

DEUTSCHLAND

Bundesamt für Wirtschaft, Dienst 01

Postfach 51 71

D-65762 Eschborn 1

Fax: (49) 6196 40 42 12

ÅËËÁÓ

Õðïõñãåßï ÅèíéêÞò Ïéêïíïìßáò

ÃåíéêÞ Ãñáììáôåßá ÄÏÓ

Äéåýèõíóç Äéáäéêáóéþí Åîùôåñéêïý ÅìðïñßïõÊïñíÜñïõ 1

GR-105 63 ÁèÞíá

ÔÝëåöáî: (301) 328 60 29/328 60 59/328 60 39

ESPAÑA

Ministerio de Economía y Hacienda

Dirección General de Comercio Exterior

Paseo de la Castellana, 162

E-28046 Madrid

Fax: (34-1) 563 18 23/349 38 31

FRANCE

Setice

8, rue de la Tour des Dames

F-75436 Paris Cedex 09

Télécopieur: (33-1) 44 63 26 59

IRELAND

Licensing Unit

Department of Tourism and Trade

Kildare Street

IRL-Dublin 2

Fax: (353-1) 676 61 54

ITALIA

Ministero del Commercio con l'estero

Direzione generale per la politica commerciale e per la gestione del regime degli scambi

Viale America 341

I-00144 Roma

Telefax: (39-6) 59 93 22 35/59 93 26 36

LUXEMBOURG

Ministère des affaires étrangères

Office des licences

Boîte postale 113

L-2011 Luxembourg

Télécopieur: (352) 46 61 38

NEDERLAND

Centrale Dienst voor In- en Uitvoer

Postbus 30003

Engelse Kamp 2

NL-9700 RD Groningen

Fax: (31-50) 526 06 98

ÖSTERREICH

Bundesministerium für wirtschaftliche Angelegenheiten

Außenwirtschaftsadministration

Landstrasser Hauptstraße 55-57

A-1030 Wien

Fax: (43-1) 715 83 47

PORTUGAL

Direcção-Geral do Comércio Externo

Avenida da República, 79

P-1000 Lisboa

Telefax: (351-1) 793 22 10

SUOMI

Tullihallitus

PL 512

FIN-00101 Helsinki

Telekopio: +358-0 614 2852

SVERIGE

Kommerskollegium

Box 6803

S-113 86 Stockholm

Fax: (46-8) 30 67 59

UNITED KINGDOM

Department of Trade and Industry

Import Licensing Branch

Queensway House, West Precinct

Billingham TS23 2NF

Cleveland

Fax: (44) 1642 533 557

PROTOCOL B

Competition, public aid and environmental protection in respect of the products covered by this Agreement

TITLE I OBJECTIVES

Article 1

The aims of this Protocol shall be:

- to facilitate the achievement of appropriate market conditions for liberalisation of trade in steel products through the progressive application of equivalent disciplines in respect of competition, public aid and environmental protection, and

- to establish a framework for measuring progress towards the removal of restrictions on competition by enterprises or caused by State intervention in so far as they may affect the trade between the Parties in the steel products covered by the Agreement.

TITLE II COMPETITION AND PUBLIC AID

Article 2

The following are incompatible with the proper functioning of the Agreement, in so far as they may affect trade between the Community and Ukraine:

(i) all agreements of cooperative or concentrative nature between undertakings, decisions by association of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;

(ii) abuse by one or more undertakings of a dominant position in the territories of the Community or of Ukraine as a whole or in a substantial part thereof;

(iii) public aid in any form whatsoever and regardless whether granted by federal, state, regional or local authorities except aid for research and development, environmental protection or for the closure of plant or for appropriately defined measures in respect of social support.

Public aid shall include, inter alia, acquisitions of shareholdings or provisions of capital or similar financing which cannot be regard as a genuine provision of risk capital according to usual investment practice in a market economy.

Article 3

1. Within 18 months of the entry into force of the agreement, the Parties will agree the necessary rules for the implementation of Article 2 in respect of the products covered by this Agreement by means of an Agreement in the Form of an Exchange of Letters.

2. The Parties agree to take full account of current or future international commitments accepted by the Community and Ukraine concerning state aid to the steel industry.

3. No later than 6 months before the expiry of the Agreement, the Parties shall apply the same disciplines in respect of competition, public aid and environmental protection, in so far as they may affect trade between the Community and Ukraine.

Article 4

1. The Parties shall ensure transparency in the area of public aid within their respective territories, inter alia, by provision of relevant information to the coal and steel Contact Group established by the Interim Agreement on trade and trade-related matters between the Parties. Either of the Parties may raise in the coal and steel Contact Group any matter relating to aid which it considers to be incompatible with this Agreement.

2. In the implementation of the provisions foreseen by Articles 2 and 3, the Parties agree to cooperate closely and to keep each other fully informed of all legislative proposals prior to their coming into force.

Article 5

1. The Parties recognize that during a transitional period expiring 5 years after the entry into force of this Agreement, and by way of derogation from Article 2 (iii) of this Protocol, Ukraine may grant public aid on an exceptional basis for restructuring purposes for individual steel firms, provided that:

- transparency is ensured by a full and continuous exchange of information concerning the implementation of the restructuring programme, such information shall include details of the amount, intensity and purposes of the aid as well as the detailed restructuring plan providing all the relevant technical and economical data concerning the restructuring, and

- the restructuring programme leads to rationalization and to a reduction of capacity in crude steel and hot-rolled production, and

- the aid leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, and

- the amount of aid granted is not out of proportion to its objectives and is strictly limited, in amount and intensity, to what is absolutely necessary to bring about or restore viability.

2. Ukraine shall inform the Community in sufficient time of any aid proposed to be granted under this Article and will provide the Community with all the necessary information which is required in order to assess whether the aid and the restructuring meet the criteria above.

TITLE III ENVIRONMENTAL PROTECTION

Article 6

1. The Parties agree to cooperate in order to combat the deterioration of the environment, in particular through improvement of laws towards Community standards and through compliance with the precautionary principle.

2. The Parties agree to keep each other fully informed of major environmental problems in the steel sector within their respective territories by way of providing the relevant information to the coal and steel Contact Group.

3. The Parties undertake to comply with the relevant international environmental agreements which apply, inter alia, to activities in the steel sector. The Parties undertake to ratify and to implement such agreements as soon as possible. These agreements include, in particular, the 1979 Convention on long range transboundary air pollution and its protocols, the 1991 Convention on environmental impact assessment in a transboundary context, the 1992 Convention on the protection and use of transboundary watercourses and international lakes, the 1992 Convention on transboundary effects of industrial accidents, and the 1992 Framework Convention on climate change.

TITLE IV TECHNICAL COOPERATION

Article 7

The Community will provide within available resources technical assistance to Ukraine for the implementation of this Protocol, in particular for the development of rules on competition and public aid and elaboration of the necessary implementation mechanisms.

Declaration by the European Coal and Steel Community on Article 3 of Protocol B

The Community declares that, until the entry into force of the rules on fair competition referred to in Article 3 (1) of Protocol B, it will measure any practices relating to Article 2 on the basis of the criteria resulting from the rules contained in Articles 85, 86 and 92 of the Treaty establishing the European Community, Articles 65 and 66 of the Treaty establishing the European Coal and Steel Community and the Community rules on State aids, including secondary legislation.