31989R3726
No L 368 / 60 Official Journal of the European Communities 18 . 12 . 89
COMMISSION REGULATION ( EEC ) No 3726 / 89 of 11 December 1989 on the monitoring by the Community of exports of steel tubes and pipes to the United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES , 2 . Export certificates shall be drawn up as follows:
( a ) each certificate may refer to only one licence or to only Having regard to the Treaty establishing the European one extract from a licence ; Economic Community , ( b ) the words 'category 35 pipes and tubes other than OCTG' or , as appropriate , 'category 36 OCTG', as Having regard to Council Regulation ( EEC ) No 3723 / 89 provided for in Annex I , should be inserted in box 5 of of 6 November 1989 on the restriction of exports of steel each certificate ; tubes and pipes to the United States of America (*), and in particular Article 4 thereof, (c) the product description in box 5 of the copies of the certificates must include the CN codes; Whereas : ( d ) the quantity in tonnes must be indicated by means of a 1 . the application of the Arrangement concluded with the letter T after the figures representing the tonnes and United States of America , hereinafter referred to as 'the before any fractions of tonnes ; Arrangement' ( 2), particularly as regards the phasing of exports , makes it necessary to provide for fixed periods (e) no more than one total may be indicated on each during which licences may be issued ; certificate ; 2 . to allow for optimum utilization of all the export opportunities provided for in the Arrangement, the (f) the stamp affixed by the customs office which accepted licensing system should be designed so that the the export declaration must show legibly , on the original and the copies of the certificate* the name of development of exports can be monitored as closely as possible ; the office and the date of acceptance;
3 . it is necessary to authorize the competent authorities of (g) the number of each certificate must be indicated in box the Member States to take the appropriate measures in 13 of the licence or the extract of the licence to which cases of loss , theft or destruction of a licence or the certificate refers . certificate ,
3 . The export licence must be issued within 15 working days of the day of receipt of the exporter's application . The HAS ADOPTED THIS REGULATION : licence may be issued only until the end of the second month of each calendar quarter .
Article 1 4 . The licence shall be valid for three months from the 1 . For the products originating in the Community and date of issue . However , each export licence shall be valid listed in Annex I , export licences as provided for in only for exports to be effected during the quota year Article 4 of Regulation ( EEC) No 3723 / 89 shall be issued indicated in box 4 of the licence . free of charge by the competent authorities in the Member States ^hereinafter referred to as 'the issuing authorities') subject to the conditions laid down in the abovementioned Where, however , the Commission decides to apply Article 4 . Licences shall be made out on forms conforming Article 2 ( 3 ) of Regulation ( EEC ) No 3723 / 89 , and where to the specimen set out in Annex II and respecting the supplementary allocations are made in cases of shortage, provisions laid down in Annex IV . licences with a period of validity exceeding three months may be issued ; the words 'special issue' shall be entered on For each export of these products, the exporter must make such licences and on the certificates relating thereto . out a certificate on a form conforming to the specimen set out in Annex III and respecting the provisions laid down in Annex IV . Article 2
At the request of the titular holder of the export licence and (*) See page 16 of this Official Journal . upon production of the licence , the competent authorities ( 2) See page 126 of this Official Journal . of the Member States may issue one or several extracts
18 . 12 . 89 Official Journal of the European Communities No L 368 / 61
from the export licence. These extracts shall be made out 2 . Unused or partially used licences shall be returned at on forms conforming to the specimen set out in Annex II the latest on the eighth working day following expiry of and respecting the provisions of Annex IV. their period of validity to the authority in the Member State which issued them . Extracts may not be used as a basis for issuing further extracts . Article 6 At the time the extracts are issued , the quantities of products covered by the said extracts shall be deducted 1 . The original and the necessary copies of the export from the quantities indicated on the licence from which it licences and of the certificate must be presented in support has been issued . of the export declarations to the customs office in the Community in which formalities regarding exports of steel Extracts shall have the same legal effects as the export products to the United States of America are completed. licences from which they have been issued and to which they refer . This office shall :
Article 3 ( a ) deduct the quantity to be exported from the original of the licence ; 1 . Export licences may be transferred in whole or in part by their titular holder (hereinafter referred to as 'the ( b ) endorse the original and copy of the certificate, return transferer') to other steel undertakings or distribution the original to the titular holder of the licence or to his undertakings ( hereinafter referred to as 'the transferees') representative so that it may be presented to the customs authorities of the United States of America on subject to the conditions laid down in Article 4 ( 3 ) of Regulation ( EEC ) No 3723 / 89 . importation , keep its own copy and send to the authority which issued the export licence and to the Commission the copies intended for them . 2 . The authority which issued the licence must be informed of such transfer by both the transferer and transferee . That authority shall , without delay , certify the 2 . The copies of the certificates must reach the transfer on the export licence or on the extract and inform Commission within three working days following the week the Commission . Transfer shall take effect from the date of in which the abovementioned customs office endorsed this certification . them .
3 . In cases where only a part of an export licence is transferred , an extract from the export licence should be 3 . Where certificates are amended or cancelled with the issued in respect of this part . authorization of the customs office which endorsed them , that office shall also forward copies of the amended or 4 . Where a licence has been transferred to a transferee in a cancelled certificates to the authority which issued the Member State other than that which issued the licence , the export licence and to the Commission , within three authority which certified the transfer shall , without delay , working days following the week in which it authorized the amendment or the cancellation . inform the competent authority of the Member State in which the transferee is situated . 4 . Member States may provide for the forwarding of 5 . Each licence may be transferred only once . copies to the Commission to take place through a central organization appointed for this purpose . Article 4
Licences or extracts from licences issued by the authorities Article 7 of a Member State , as well as certificates , declarations and certifications accompanied by the stamp of these 1 . Licence applications must include the following authorities , shall have the same legal value in each of the information : other Member States as such documents issued by the authorities of these Member States as well as certificates , — a description of the products, specifying the category declarations and certifications accompanied by the stamp and the CN code, in accordance with Annex I; of these authorities . however, the CN code is not required if the applicant declares that he wishes to transfer the requested licence, in which case the code must be given by the Article 5 transferee ,
1 . Fully used licences shall be returned at the latest on the — the quantity of products ( in tonnes ), eighth working day following their complete use to the competent authority in the Member State which issued — the exporter's name or trade-name , address and them . telephone and telex numbers ,
No L 368 / 62 Official Journal of the European Communities 18 . 12 . 89
— the consignee's name or trade-name and address; ( b ) a breakdown by licence-holder ; however, this information is not required if the applicant declares that he wishes to transfer the licence ( c) an indication of the amounts for each product to be requested , in which case this information must be temporarily imported into the United States of America provided by the transferee, for re-export in the same state or without having undergone substantial processing there or having been — scheduled date(s) of export , subject to double substantial transformation as defined in Appendix D of the Arrangement. — where appropriate, an indication that the products are intended for temporary importation into the United States of America and re-export in the same state or 3 . Within the first 15 days of each month Member States without having undergone substantial processing or shall inform the Commission of the amounts in respect of having been subject to double substantial which licences expired in the preceding month . transformation as defined in Appendix D of the Arrangement ( 1 ).
4 . The Member States shall forward to the Commission , 2. The exporter must declare that the goods are of within eight days, a copy of each licence and any extracts Community origin and that the information on his licence once they have been issued . application is accurate .
They shall also forward a copy of each amended or Article 8 cancelled licence and of amended or cancelled extracts as soon as they have been amended or cancelled. In the case of loss , theft or destruction of the original of an export licence or certificate , the competent authorities which issued or endorsed the said documents may issue or 5 . Where the Commission ascertains that a Member State endorse a duplicate. had issued licences in excess of its allocation for a specific category, it shall notify the State in question that such Licences issued and certificates endorsed in this way shall licences are in breach of the requirements in force and that bear the endorsement "Duplicata" in red. the certificates issued on the basis of those licences cannot be considered as certificates within the meaning of Article 4 of the Arrangement. Article 9
1 . Within the first 10 days of each month the Member 6 . At the same time as they submit the monthly States shall notify the Commission of: notifications provided for in paragraph 1 , Member States shall send to the Commission all relevant information ( a) the amounts in respect of which licences were issued concerning infringements of Regulation (EEC ) No during the preceding month ; 3723 / 89 and of this Regulation and any penalties thereby (b) the amounts exported in the month preceding that imposed. referred to in point ( a ) above .
2 . The notification from the Member States shall Article 10 include : ( a) a breakdown of the products by category in accordance This Regulation shall enter into force on the day following with Annex I , and in respect of the information referred its publication in the Official Journal of the European to in paragraph 1 ( b ), by CN code also ; Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 11 December 1989
For the Commission Martin BANGEMANN Vice-President
( J ) See page 99 of this Official Journal .
18 . 12 . 89 Official Journal of the European Communities No L 368 / 63
ANNEX I
List of Products
Product HTS (*) Combined Nomenclature
— Category 35: Pipe and tube 7304.10 0 ) 7304 10 other than OCTG 7304.31 H 7304 31 (») 7304.39 (») 7304 39 (!) 7304.41 (M 7304 41 0 ) 7304.49 0 ) 7304 49 7304.51 (») 7304 51 (>) 7304.59 0 ) 7304 59 (») 7304.90 0 ) 7304 90 ■(»•)
7305.11 7305 11 00 7305.12 7305 12 00 7305.19 7305 19 00 '7305.31.40 C 1 ) 7305 31 00 (2 ) l 7305.31.60 (») 7305 39 00 0 ) 7305.39 ' (») 7305 90 00 (») 7305.90 (») I \ 7306 10 7306.10 7306 30 (*) ( 2 ) 7306.30.10 H 7306 40 (») 7306.30.50 (») 7306 50 ( M (2 ) 7306.40 (») 7306 60 (») 7306.50.10 H 7306 90 00 (») I 7306.50.50 i 1 ) 7306.60 (») 8547 90 00 ( 3) 7306.90 ( J )
8547.90.0020
— Category 36: OCTG 7304.20 7304 20
7305.20 7305 20
7306.20 7306 20 00
(*) The subheadings and item numbers referred to above are subject to revision when the European Community or the United States adopt modifications to their respective import nomenclatures. When such modifications are adopted, prior notification shall be given to the other party. HTS represents the Harmonized Tariff Schedule of the United States. 0 ) Excluded if drill pipe of a kind used in drilling for earth , minerals or ores. (2) Excluded if tapered pipes and tubes principally used as parts of illuminating articles. (3 ) Covered if conduit tubing.
EUROPEAN COMMUNITY ANNEX II
1 Exporter (full name and address) EXPORT LICENCE
EXPORT OF IRON AND STEEL PRODUCTS TO THE UNITED STATES OF AMERICA
No ORIGINAL
2 EXTRACT 3 Period of validity ( Quota year from ot export licence No
5 Licence transferred to (full name and address) until included
6 AUTHORITY ISSUING THE LICENCE OR THE EXTRACT
with effect from
Signature : Stamp of competent authority : NOTE This licence and a certificate for the export of iron and steel products must be produced at the customs office at which customs formalities for export to the United States of America are completed .
7 Category and detailed description of iron and steel products 8 CN codes 9 Quantity (metric tonnes)
10 Place of issue : 11 Period of validity extended
Date of issue : until included
Signature : Stamp of competent authority : Signature : Stamp of competent authority : .
ATTRIBUTION OF QUANTITIES EXPORTED OR FOR WHICH AN EXTRACT IS ISSUED
12 Quantities (metric tonnes) 13 Customs export document (type, number and date) 14 Name, Member State, signature and stamp of attributing or extract (number and date) authority
Available
Attributed
Available
Attributed
Available
Attributed
Available
Attributed
Available
Attributed
Available
Attributed
EUROPEAN COMMUNITY
1 Exporter (full name and address) EXPORT LICENCE
EXPORT OF IRON AND STEEL PRODUCTS TO THE UNITED STATES OF AMERICA
No COPY
2 EXTRACT 3 Period of validity 4 Quota year of export licence No / from ill
S Licence transferred to (full name and address) until included
6 AUTHORITY ISSUING THE LICENCE OR THE EXTRACT
with effect from
Signature : Stamp of competent authority : NOTE This licence and a certificate for the export of iron and steel products must be produced at the customs office at which customs formalities for export to the United States of America are completed .
7 Category and detailed description of iron and steel products 8 CN codes 9 Quantity (metric tonnes)
10 Place of issue : 11 Period of validity extended
Date of issue : until included
Signature : Stamp of competent authority : Signature : Stamp of competent authority :
EUROPEAN COMMUNITY ANNEX III
1 Exporter (full name and address) CERTIFICATE
FOR THE EXPORT OF IRON AND STEEL PRODUCTS TO THE UNITED STATES OF AMERICA
No ORIGINAL
2 Consignee (full name and address) 3 Export licence No I issued in (Member State)
4 Extract No I issued in (Member State) of export licence No issued in (Member State) NOTES A. This certificate must be completed on a typewriter and in English . B. This certificate and the export licence or the extract thereof to which it refers must be produced at the customs office at which customs formalities for export to the United States of America are completed . C. This certificate , duly endorsed by the customs office shown in box 7 . must be produced to the competent authorities in the United States of America at the time of importation .
S Marks and numbers - Number and kind of packages - Category and detailed description of iron and steel products 6 Quantity (metric tonnes)
7 ENDORSEMENT BY THE COMPETENT CUSTOMS OFFICE IN THE EUROPEAN COMMUNITY The quantity (metric tonnes) of iron and steel products shown above has been attributed to the export licence shown in box 3 f~ I to the extract shown in box 4.*)
Customs export document : Signature : Stamp ; type :
number :
date :
Customs office :
Member State :
(*) The appropriate box to be indicated like this
EUROPEAN COMMUNITY
1 Exporter (full name and address) CERTIFICATE
FOR THE EXPORT OF IRON AND STEEL PRODUCTS TO THE UNITED STATES OF AMERICA
No COPY
2 Consignee (full name and address) 3 Export licence No / issued in (Member State)
4 Extract No / issued in (Member State) of export licence No / issued in (Member State)
NOTES A. This certificate must be completed on a typewriter and in English . B. . This certificate and the export licence or the extract thereof to which it refers must be produced at the customs office at which customs formalities for export to the United States of America are completed . C. This certificate , duly endorsed by the customs office shown in box 7 . must be produced to the competent authorities in the United States of America at the time of importation .
5 Marks and numbers- Number and kind of packages - Category and detailed description of iron and steel products 6 Quantity (metric tonnes)
7 ENDORSEMENT BY THE COMPETENT CUSTOMS OFFICE IN THE EUROPEAN COMMUNIW The quantity (metric tonnes) of iron and steel products shown above has been attributed | | to the export licence shown in box 3 | | to the extract shown in box 4.*)
Customs export document : Signature : Stamp : type :
numte '
date : | | . | |
Customs office :
MemberState . (') The appropriate box to be indicated like this : [x]
18 . 12 . 89 Official Journal of the European Communities No L 368 / 73
ANNEX IV
Technical provisions relating to export licences, extracts thereof, and certificate forms
1 . Licences, extracts thereof including any extensions and forms shall be made up in sets containing at least one original , a copy for the issuing authority and a copy for the Commission .
Certificate forms shall be made up in sets containing at least one original , a copy for the customs, a copy for the authority issuing the export licence or the extract thereof and a copy for the Commission .
2 . Forms referred to in point 1 shall be printed on white paper dressed for writing and weighing at least 40 g / m2 . Their size shall be 210 x 297 mm .
3 . The Member States shall be responsible for having the forms referred to in point 1 printed. These 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 indication of the printer's name and address , or a mark enabling the printer to be identified, and an individual serial number.
The number which shall be composed of six digits shall be preceded by the following letters according to the country in which the forms are utilized: 'BE' for Belgium , 'DK' for Denmark , 'DE' for the Federal Republic of Germany , 'ES' for Spain , 'FR' for France, 'GR' for Greece , 'IE' for Ireland , 'IT' for Italy , 'LU' for Luxembourg, 'NL' for the Netherlands , 'PO' for Portugal and 'GB' for the United Kingdom . It may be followed by additional numbers which Member States may deem necessary for statistical purposes .
4 . Licences , extracts thereof including any extensions and forms shall be printed in one of the official languages of the Community, as specified by the competent authorities of the issuing Member State .
Certificates shall be printed in English .