Council Regulation (EC) No 2222/2004 of 19 November 2004 on administering imports of certain steel products from UkraineText with EEA relevance
Council Regulation (EC) No 2222/2004of 19 November 2004on administering imports of certain steel products from Ukraine(Text with EEA relevance)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the proposal from the Commission,Whereas:(1)The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other partOJ L 49, 19.2.1998, p. 3., entered into force on 1 March 1998.(2)Article 22(1) of the Partnership and Cooperation Agreement provides that trade in certain steel products shall be governed by Title III, save for Article 14 thereof, and by the provisions of an agreement.(3)Such an Agreement on trade in certain steel products was concluded between the European Community and the Government of Ukraine on 22 November 2004See page 23 of this Official Journal..(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 that appropriate methods of administrative cooperation are set up to this end.(6)The effective application of the Agreement requires the introduction of a requirement for 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 Ukraine and the Community with the aim of preventing circumvention by means of transhipment, rerouting or other means. 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. Ukraine has also agreed to take the necessary measures to ensure that any adjustments can be rapidly applied. 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)As from 1 January 2004 imports of products covered by this Regulation have been subject to a licence in pursuance of Council Decision 2003/893/EC of 15 December 2003 on trade in certain steel products between the European Community and UkraineOJ L 333, 20.12.2003, p. 84.. The Agreement provides that those quantities are to be counted against the limits established for 2004 in this Regulation.(11)The Agreement that this Regulation is implementing enters into force on the day of its publication in the Official Journal of the European Union. Therefore, this Regulation must enter into force on that same day,HAS ADOPTED THIS REGULATION: