{
  "url": "https://openlegislation.uk/eu-regulation-2005-1440/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2005-1440/introduction.json",
  "legislation": "eur/2005/1440",
  "legislation_title": "Council Regulation (EC) No 1440/2005 of 12 July 2005 on administering certain restrictions on imports of certain steel products from Ukraine and repealing Regulation (EC) No 2266/2004",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2005-1440",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Regulation (EC) No 1440/2005\nof 12 July 2005\non administering certain restrictions on imports of certain steel products from Ukraine and repealing Regulation (EC) No 2266/2004\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty establishing the European Community, and in particular Article 133 thereof,\nHaving regard to the proposal from the Commission,\nWhereas:\n(1)\nThe Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine, hereinafter referred to as ‘the PCA’, entered into force on 1 March 1998.\n(2)\nArticle 22(1) of the PCA provides that trade in certain steel products shall be governed by Title III thereof, with the exception of Article 14 thereof, and by the provisions of an Agreement on quantitative arrangements.\n(3)\nOn 29 July 2005, the European Community and the Government of Ukraine concluded such an Agreement on trade in certain steel products, hereinafter referred to as ‘the Agreement’.\n(4)\nIt is necessary to provide the means for administering the terms of the Agreement within the Community, taking into account the experience gained from previous Agreements concerning a similar regime.\n(5)\nIt is appropriate to classify the products in question on the basis of the combined nomenclature (CN) established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.\n(6)\nIt is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to that end.\n(7)\nThe effective application of the Agreement requires the introduction of a requirement of a Community import authorisation for entry into free circulation in the Community of the products in question together with a system for administering the granting of such Community import authorisations.\n(8)\nProducts 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.\n(9)\nIn 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 authorisations before obtaining prior confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question.\n(10)\nThe 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 should be 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 agreed to take the necessary measures to ensure that any adjustments could be rapidly applied. In the absence of agreement within the time limit provided, the Community should, where there is clear evidence of circumvention, have the possibility to apply the equivalent adjustment.\n(11)\nFrom 1 January 2005 imports into the Community of products covered by this Regulation have been subjected to a licence pursuant to Council Regulation (EC) No 2266/2004 of 20 December 2004 on trade in certain steel products between the Community and Ukraine. The Agreement provides that those imports are to be counted against the limits established for 2005 in this Regulation.\n(12)\nFor reasons of clarity it is therefore necessary to replace Regulation (EC) No 2266/2004 by this Regulation,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 49, 19.2.1998, p. 3."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See page 43 of this Official Journal."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 395, 31.12.2004, p. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2005/1440/introduction",
    "retrieved_at": "2026-11-01T14:54:21.259106+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}