21995D1230(04)
Decision No 3/95 of the Association Council, association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part of 20 December 1995 concerning the export of certain ECSC steel products from the Republic of Bulgaria to the Community
Official Journal L 325 , 30/12/1995 P. 0037 - 0050
DECISION No 3/95 OF THE ASSOCIATION COUNCIL,
association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
of 20 December 1995
concerning the export of certain ECSC steel products from the Republic of Bulgaria to the Community
(95/573/ECSC)
THE ASSOCIATION COUNCIL,
Whereas the Contact Group referred to in Article 11 of Protocol 2 of the Europe Agreement establishing an association between the European Communities and their Member States of the one part and the Republic of Bulgaria of the other part, (1) which entered into force on 1 February 1995, met on 30 October 1995 to discuss trends in imports of ECSC products from the Republic of Bulgaria into the Community and recognized the need for an administrative procedure, having as its purpose the rapid provision of information on the trend of trade flows, in order to ensure that the attainment of the objectives of the Agreement will not be jeopardized;
Whereas such an administrative procedure would help to increase transparency and avoid possible diversions of trade;
Whereas the Contact Group therefore agreed to recommend to the Association Council established under Article 105 of the Agreement that the double-checking system introduced in 1995 by Association Council Decision No 2/95 (2) should be renewed for the period between 1 January and 31 December 1996;
Whereas the Parties are desirous to promote the orderly and equitable development of trade in steel between the Community and the Republic of Bulgaria;
Whereas the Association Council, having been supplied with all relevant information, has determined that the solution acceptable to the two Parties which least disturbs the functioning of the Agreement is the renewal of a double-checking system, without quantitative limits, for the import into the Community of certain steel products covered by the ECSC Treaty between 1 January and 31 December 1996,
HAS DECIDED AS FOLLOWS:
Article 1
1. For the period 1 January to 31 December 1996, imports into the Community of the products listed in Annex I originating in the Republic of Bulgaria shall be subject to the presentation of an import document conforming the model shown at Annex II issued by the authorities in the Community.
2. The classification of the products covered by this decision is based on the tariff and statisticalnomenclature of the Community (hereinafter called the 'combined nomenclature', or in abbreviated from 'CN'). The origin of the products covered by this Decision shall be determined in accordance with the rules in force in the Community.
3. For the period 1 January to 31 December 1996, imports into the Community of the iron and steel products listed in Annex I and which originate in the Republic of Bulgaria shall, in addition, be subject to the issue of an export document by the competent Bulgarian authorities. Presentation by the importer of the original of the export document must be effected not later than 31 March of the year following that in which the goods covered by the document were shipped. Shipment is considered to have taken place on the date of loading onto the exporting means of transport.
4. The export document shall conform to the model shown in Annex III. It shall be valid for exports throughout the customs territory of the Community.
5. The Republic of Bulgaria shall notify the Commission of the European Communities of the names and addresses of the appropriate Bulgarian governmental authorities which are authorized to issue and to verify export documents together with specimens of the stamps and signatures they use. The Republic of Bulgaria shall also notify the Commission of any change in these particulars.
6. Certain technical provisions on the implementation of the double-checking system are set out in Annex IV.
Article 2
1. The Republic of Bulgaria undertakes to supply the Community with precise statistical information on the export licences issued by the Bulgarian authorities pursuant to Article 1. Such information shall be transmitted to the Community by the end of the period following the month to which the statistics relate.
2. The Community undertakes to supply the Bulgarian authorities with precise statistical information on import authorizations issued by Member States in respect of the products listed in Annex I. Such information shall be transmitted to the Bulgarian authorities by the end of the period following the month to which the statistics relate.
Article 3
If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the operation of this Decision. Such consultations shall be held promptly. Any consultations held under this Article shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.
Article 4
Any notices to be given hereunder shall be given:
- in respect of the Community, to the Commission of the European Communities (DG I.D.2 and DG III.C.2),
- in respect of the Republic of Bulgaria, to the Mission of the Republic of Bulgaria to the European Communities; and the Ministry of Trade and Foreign Economic Cooperation of the Republic of Bulgaria.
Article 5
This Decision shall be binding on both the Community and the Republic of Bulgaria which shall take the measures necessary to implement it.
Article 6
This Decision shall enter into force on the date of signature.
It shall apply with effect from 1 January 1996.
Done at Brussels, 20 December 1995.
For the Association Council
The President
L. ATIENZA SERNA
(1) OJ No L 358, 31. 12. 1994, p. 3.
(2) See page 27 of this Official Journal.
ANNEX I
REPUBLIC OF BULGARIA List of products subject to double-checking (1996)
7202 11 20
7202 11 80
7202 99 11
7203 90 00
7206 10 00
7206 90 00
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
7208 40 10
7208 40 90
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
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 13 00
7211 14 10
7211 14 90
7211 19 20
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
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
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 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
7216 40 10
7216 40 90
7216 50 10
7216 50 91
7216 50 99
7216 99 10
7219 11 00
7219 12 10
7219 12 90
7219 13 10
7219 13 90
7219 14 10
7219 14 90
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
7219 90 10
7220 11 00
7220 12 00
7220 20 10
7220 90 11
7220 90 31
7221 00 10
7221 00 90
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
7225 11 00
7225 19 10
7225 19 90
7225 20 20
7225 30 00
7225 40 20
7225 40 50
7225 40 80
7225 50 00
7225 91 10
7225 92 10
7225 99 10
7226 11 10
7226 19 10
7226 19 30
7226 20 20
7226 91 10
7226 91 90
7226 92 10
7226 93 20
7226 94 20
7226 99 20
7227 10 00
7227 20 00
7227 90 10
7227 90 50
7227 90 95
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
>REFERENCE TO A FILM>
ANNEX III
>REFERENCE TO A FILM>
ANNEX IV
REPUBLIC OF BULGARIA TECHNICAL ANNEX ON 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 printed 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 'original' and other copies as 'copies'. 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 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: BG,
- 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, corresponding to the last figure in the respective year, e. g. 6 for 1996,
- 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 four months from the date of their issue. Export documents may be renewed or prolonged.
4. Each export document may be used for one or more consignments of the products in question. However, 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. The Republic of Bulgaria need not show price information on the export document if there is a genuine need to protect commercial confidentiality. In such cases, box 9 of the export document should indicate the reason for not showing the price information and that it is available to the competent authorities of the Community 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 'issued 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 'duplicate'. 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.
9. The Republic of Bulgaria intends to include a description of the classification of the goods (i.e. first or second choice or other sub-standard products) in box 10 of the export document.
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