Agencia Estatal Boletín Oficial del Estado

EL CONSEJO DE LAS COMUNIDADES EUROPEAS,

Visto el Tratado constitutivo de la Comunidad Económica Europea y, en particular, su artículo 113,

Vista la Recomendación de la Comisión,

Considerando que es conveniente aprobar el Acuerdo sobre el comercio de productos textiles entre la Comunidad Económica Europea y la República Socialista de Checoslovaquia,

DECIDE:

Artículo 1

Queda aprobado, en nombre de la Comunidad Económica Europea, el Acuerdo sobre el comercio de productos textiles entre la Comunidad Económica Europea y la República Socialista de Checoslovaquia.

El texto del Acuerdo se adjunta a la presente Decisión.

Artículo 2

El Presidente del Consejo procederá a la notificación prevista en el artículo 19 del Acuerdo(1).

Hecho en Luxemburgo, el 8 de abril de 1986.

Por el Consejo

El Presidente

G. M. V. van AARDENNE

ACUERDO

entre la Comunidad Económica Europea y la República Socialista de Checoslovaquia sobre el comercio de productos textiles (2)

AGREEMENT

between the European Economic Community and the Czechoslovak Socialist Republic on trade in textile products

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC,

of the other part,

DESIRING to promote, with a view to permanent cooperation and in conditions providing the utmost security for trade, the mutual expansion and orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as "the Community") and the Czechoslovak Socialist Republic (hereinafter referred to as "Czechoslovakia"),

RESOLVED to take the fullest possible account of the economic and social problems at present affecting the textile industry in both importing and exporting countries, in particular in order to eliminate the real dangers of distortion of the Community market and of disturbance of trade in Czechoslovak textile products,

HAVING REGARD to the Arrangement regarding International Trade in Textiles (hereinafter referred to as the "Geneva Arrangement"), and in particular Article 4 thereof, and to the conditions for the renewal of the said Arrangement as set out in the Protocol of Extension of the Arrangement together with the Conclusions adopted by the Textiles Committee on 22 December 1981,

Acting in their capacity as participants in the Geneva Arrangement,

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES

THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC

WHO HAVE AGREED AS FOLLOWS:

SECTION I

Trade arrangements

Article 1

1. This Agreement shall apply to trade in textile products of cotton, wool, fine animal hair or man-made fibres originating in Czechoslovakia which are listed in Annex I.

2. The classification of the products covered by this Agreement is based on the nomenclature of the Common Customs Tariff and on the Nomenclature of Goods for the External Trade Statistics of the Community and the Statistics of Trade between its Member States (NIMEXE).

3. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community.

The procedures for control of the origin of the products referred to above are laid down in Protocol A.

Article 2

1. Czechozlovakia agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community in accordance with the table in Annex II.

2. Subject to the provisions set out in Article 5, and without prejudice to the quantitative arrangements applicable to products undergoing the operations referred to in Article 3 (4), the Community undertakes in respect of products covered by this Agreement to suspend the application of quantitative restrictions on imports currently in force, and not to introduce new quantitative restrictions under the General Agreement on Tariffs and Trade of Article 3 of the Geneva Arrangement.

3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products ; covered by this Agreement shall be prohibited.

Article 3

1. Exports of cottage industry fabrics woven on hand - or foot - operated looms, articles of clothing or other, textile articles obtained or sewn manually from such fabrics and traditional, folklore handicraft products shall not be subject to quantitative limits, provided that these products meet the conditions laid down in Protocol B.

2. Imports into the Community of textile products covered by this Agreement shall not be subject to the quantitative limits established in Annex II, provided that they are declared to be for re-export from the Community in the same state or after processing, under the administrative system of control set up for this purpose within the Community.

However, the release for home use of products imported under the conditions referred toaboi e shall be subject to the production of an export licence issued by the Czechoslovak authorities, and to proof of origin in accordance with the provisions of Protocol A.

3. Where the competent authorities in the Community have evidence that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported from the Community in the same sure or after processing, the authorities concerned shall inform the Czechoslovak authorities within four weeks of the quantities involved and shall authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit established for the current or the following year.

4. Re-imports into the Community of textile products listed in Annex I which have been temporarily exported by the Community and subsequently processed in Czechoslovakia shall not be subject to the quantitative limits established under this Agreement, provided they are effected in accordance with the regulations on economic outward processing traffic in force in the Community.

Article 4

1. Advance use of a portion of the quantitative limit established for the following year shall be authorized for each category of products up to 5 % of the quantitative limit for the current year.

Amounts delivered in advance shall be deducted from the quantitative limits established for the following year.

2. Carryover to the corresponding quantitative limit for the following year of amounts not used during any given year shall be authorized up to 5 % of the quantitative limit for the current year.

3. In the case of Group I, transfers shall be allowed only in the following cases:

- amounts may be transferred between categories 2 and 3 up to 3,5 % of the quantitative limit for the category to which the transfer is made,

- amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 3,5 % of the quantitative limit for the category to which the transfer is made.

Amounts may be transferred to any category in Group II or III front any category in Group I, II or III, up to 5 % of the quantitative limit for the category to which the transfer is made.

4. The table of equivalence applicable to the transfers referred to above is given in Annex I.

5. The increase in any given category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 during a single year must not exceed the following limits:

- 11 % for categories of products in Group I,

- 12,5 % for categories of products in Group II and III.

6. Prior notification must be given by the Czechoslovak authorities to the Community of any recourse to the provisions of paragraphs 1, 2 and 3 above.

Article 5

1. Should the Community consider that a textile product covered by this Agreement is being imported into the Community from Czechoslovakia at a price abnormally lower than the normal competitive level and is for this reason causing or threatening to cause serious injury to Community producers of like or directly competing products, it may request consultations under Article 15, and in that event the following specific provisions shall be applicable.

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

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

- the prices of like national products at a comparable marketing stage on the market of the importing country,

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

- the lowest prices charged by a third country for the same product in the course of ordinary commercial dealings in the three months preceding the request for consultations, and not having led to the adoption of any measure by the Community.

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 the prices and conditions referred to in paragraph 1 above.

5. In totally exceptional and critical circumstances, where consignments of products are being imported from Czechoslovakia 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 two 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, Czechoslovakia 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.

SECTION II

Administration of the Agreement

Article 6

1. Exports of textile products covered by this Agreement which are subject to quantitative limits shall be subject to, a double-checking system, the details of which are specified in Protocol A.

2. The competent authorities in the Member States are required to issue import authorization or documents automatically within five working days of the submission of a request by an importer in accordance with Protocol A.

The said import authorization or documents shall be valid or six months.

Article 7

1. Exports of textile products not subject to the quantitative limits established in Annex II may be made subject to quantitative limits on the conditions laid down in the following paragraphs.

2. Where the Community finds, under the system, of administrative control set up, that the level of imports of products in a given category not listed in Annex II originating in Czechoslovakia exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates:

- for categories of products in Group I:......... 0,2 %,

- for categories of products in Group II:........ 1,2 %,

- for categories of products in Group III:....... 4,0 %,

it may request the opening of consultations in accordance with the procedure described in Article 15 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products ; in each category.

3. Pending a mutually - satisfactory solution, Czechoslovakia undertakes, from the date of notification of the request for consultations, to suspend or limit at the level indicated by the Community exports ; of the category of products in question to the Community or to the region or regions of the Community market specified by the Community.

The Community shall authorize the importation of products of the said category shipped from Czechoslovakia before the date on which the request for consultations was submitted.

4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 15, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 2, or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultations, whichever is the higher.

The annual level so fixed shall be revised upwards after consultations in accordance with the procedure referred to in Article 15 with a view to fulfilling ; the conditions set out in paragraph 2, should the trend of total imports into the Community of the product in question make this necessary.

5. The limits introduced pursuant to paragraph 2 or paragraph 4 may in no case be lower than the level of Community imports of products in that category originating in Czechoslovakia in 1980.

6. In accordance with the procedures set out in paragraphs 2 and 4, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community exceed the following regional percentages of the amounts determined as laid down in paragraph 2:

Federal Republic of Germany....... 28,5 %,

Benelux........................... 10,5 %,

France............................ 18,5 %,

Italy............................. 15,0 %,

Denmark........................... 3,0 %,

Ireland........................... 1,0 %,

United Kingdom.................... 23,5 %,

Greece............................ 2,0 %.

7. The annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol C.

8. The provisions of this Article shall not apply where the percentages specified in paragaph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in Czechoslovakia.

9. In the event of the provisions of paragraph 2 or paragraph 4 being applied, Czechoslovakia undertakes to issue export licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed for the current year.

10. For the purpose of applying the provisions of paragraph 2, the Community undertakes to provide the Czechoslovak authorities, before 15 April of each year, with the preceding years statistics on imports of all textile products covered by this Agreement, broken down by supplying country and Community Member State. From 1 January and up to this date the provisions of paragraph 2 shall apply on the basis of the annual statistics previously communicated.

11. The provisions of this Agreement which concern exports of products subject to, the quantitative limits established in Annex II shall also apple to products for which quantitative limits are introduced under this Article.

Article 8

1. Where the Community ascertains that the level of imports in a given category of Group I subject to quantitative limits set out in Annex II exceeds in any Agreement year the level of imports in the preceding year by 10 % of the level of the quantitative limit set out in Annex II for the current Agreement year, it may request the opening of consultations in accordance with the provisions described in Article 15 with a view to, reaching agreement on:

- the suspension, wholly or in part, of the provisions of Article 4, or

- a modification of the quantitative limit set out in Annex II by the establishment of an ad hoc limit below the existing quantitative limit,

as well as the corresponding equitable and quantifiable cooperation.

2. The Community shall authorize the importation of products of the said category shipped from Czechoslovakia before the date on which the request for consultations was submitted.

Pending a mutually satisfactory solution, Czechoslovakia undertakes for a period of one month from the date of notification of the request for consultations to restrain exports of the products in the category concerned to the Community or to the region or regions of the Community market specified by the Community to one-twelfth of the level of exports reached during the preceding calendar year.

3. A quantitative limit modified as a result of the application of paragraph 1 in any year preceding the final Agreement year shall be subject to a growth rate so as to ensure that the level of the quantitative limit set out in Annex II for the final Agreement years is regained in that year.

4. Should the parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 15 of the Agreement, Czechoslovakia undertakes, if so requested by the Community:

- to suspend wholly or in part, the provisions of Article 4 in respect of the Community or any of its regions for the category concerned, or

- to modify the quantitative limit set out in Annex II for the category concerned so as to restrain exports to the Community or any of its regions to 125 % of the level of imports attained during the preceding calendar year, or to the level of exports reached on the date on which the request for consultations is made plus the level of exports laid down in paragraph 2 during the consultation period, whichever is the higher.

In the event of the provisions of this paragraph being applied the Community undertakes to maintain an offer of equitable and quantifiable compensation.

The application of the measures provided for in this paragraph is limited to the year in which the measures are taken.

5. The provisions of paragraph 1 shall not apply to a given category unless the quantitative limits established in Annex II for the Community for that category represent at least 2,5 % of total Community imports during 1980.

6. The provisions of paragraph 1 shall not apply to a given category unless the level of imports originating in Czechoslovakia during the current Agreement year represents at least 50 % of the quantitative limit set out in Annex II for that category for the Community as a whole or for any region or regions of the Community concerned.

7. Any limit modified in accordance with the provisions of paragraphs 1 or 4 may in no case be lower than the level of imports of products in that category originating in Czechoslovakia in 1980.

8. The provisions of this Article also apply where the level referred to in paragraph 1 is exceeded in any of the Community's regions, however only if provisions stipulated in paragraphs 6 and 7 apply. In such case the compensation referred to in paragraphs 1 and 4 will concern the region or regions of the Community indicated in the Community's request for consultations.

9. With a view to limiting recourse to paragraph 1, Czechoslovakia undertakes to inform the Community of any sharp and substantial increases in the issue of export licences for any category which is likely to lead to the fulfilment of the conditions required for the application of the present Article.

Article 9

1. Czechoslovakia and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, re-routing or whatever other means.

2. Where information available to the Community as a result of the investigations carried out in accordance with the procedures set out in Protocol A constitutes evidence that products of Czechoslovak origin subject to quantitative limits established under this Agreement have been transhipped, re-routed or otherwise imported into the Community in circumvention of this Agreement, the Community may request the opening of consultations in accordance with the procedures described in Article 15 of this Agreement, with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under this Agreement.

3. Pending the result of the consultations referred to in paragraph 2, Czechoslovakia shall as a precautionary measure, if so requested by the Community, make the necessary arrangements to ensure that adjustments of quantitative limits liable to be agreed following the consultations referred to in paragraph 2, may be carried out for the quota year in which the request to open consultations in accordance with paragraph 2 was made, or for the following year if the quota for the current year is exhausted, where clear evidence of circumvention is provided.

4. Should the Parties be unable in the course of wnsultations to reach a satisfactory solution within the period specified in Article 15 of this Agreement, the Community shall have the right, where clear evidence of circumvention has been provided, to deduct from the quantitative limits established under this Agreement amounts equivalent to the products of Czechoslovak origin.

Article 10

1. Czechoslovakia shall supply the Community with precise statistical information on all export licences issued by the Czechoslovak authorities for all categories of textile products.

The Community shall likewise transmit to the Czechoslovak authorities precise statistical information on import authorizations or documents issued by the competent Community authorities, and import statistics for products covered by the system of administrative control referred to in Article 7 (2).

2. The information referred to in paragraph 1 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate.

3. For the purpose of applying the provisions of Article 9, the Community may ask Czechoslovakia to transmit available statistical information on textiles exports of products covered by this Agreement by country of destination.

The Community shall transmit to the Czechoslovak authorities import statistics for all products covered by the system of administrative control referred to in Article 7 (2) and for products covered by Article 3 (2).

4. The information referred to above shall, for all categories of products, be transmitted before the end of the third month following the quarter to which the statistics relate.

5. Should it be found on analysis of the information exchanged that there are significant discrepancies between the returns for exports and those for imports, consultations may be initiated in accordance with the procedure specified in Article 15.

6. For the purpose of applying the provisions of Article 7 and Article 8, the Community undertakes to provide the Czechoslovak authorities before 15 April of each year with the preceding year's statistics on imports of all textile products covered by this Agreement, broken down by supplying country and Community Member State.

Article 11

1. In case of divergent opinions between Czechoslovakia and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 15 with a view to reaching agreement on definitive classification of the product concerned.

2. The authorities of Czechoslovakia shall be informed of any amendment to the Common Customs Tariff or NIMEXE or any decision, made in accordance with the procedures in force in the Community, relating to the classification of products covered by this Agreement shall not have the effect of reducing any quantitative limit established in Annex II.

The procedures for the application of this paragraph are set out in Protocol A.

Article 12

Czechoslovakia shall endeavour to ensure that exports of textile products covered by this Agreement are spaced out as evenly as possible over the year, due account being taken nevertheless of seasonal factors.

However, in the event of denunciation of this Agreement as provided for in Article 19 (3), the quantitative limits established in Annex II shall be reduced on a pro rata basis.

Article 13

Should there be an excessive concentration of imports of any products belonging to a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 15 with a view to remedying this situation.

Article 14

1. For the purpose of the administration of this Agreement, the limits referred to in Article 2 are broken down by the Community into shares for each of its Member States.

2. Portions of the quantitative limits established in Annex II not used in a Member State of the Community may be allocated to another Member State in accordance with the procedures in force in the Community. The Community undertakes to examine with care and to reply within four weeks to any request made by Czechoslovakia for such reallocation. It is understood that in the event of any reallocation the flexibility provisions set out in Article 4 shall continue to be applicable to the levels of the original allocation.

3. Should it appear in any given region of the Community that additional supplies are required, the Community may, where measures taken pursuant to paragraph 1 above are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.

Article 15

1. The special consultation procedures referred to in this Agreement other than those referred to in paragraph 2 of this Article, shall be governed by the following rules.

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

- where appropriate, the request for consultations shall be followed within a reasonable period (and in anv case not later than 15 days following the notification) by a report setting out the circumstances which, in the opinion of the requesting Party, justify the submission of such a request,

- the Parties shall enter into consultations within one month of notification of the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one month at the latest,

- the period of one month referred to above for the purpose of reaching agreement or a mutually acceptable conclusion may be extended by common accord.

2. The special consultation procedures referred to in Article 8 shall be governed by the following rules:

- any request for consultations shall be notified in writing to the other Party, together with a statement setting out the reasons and circumstances which, in the opinion of the requesting Party, justify the submission of such a request,

- the Parties shall enter into consultations within 15 days at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within a further 15 days at the latest.

3. If necessary, at the request of either of the Parties and in conformity with the provisions of the Geneva Arrangement, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall take place in a spirit of coordination and with a desire to reconcile the differences between the two Parties.

Article 16

The Parties recognize and confirm that, without prejudice to their rights and obligations under the General Agreement on Tariffs and Trade, the conduct of their mutual trade in textile products as defined in Article 1 shall be governed by the provisions of this Agreement and of the Geneva Arrangement.

Article 17

1. Czechoslovakia and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations of documents referred to in Protocols A and B.

2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and Czechoslovakia.

3. Should either Party find that the application of this Agreement is disturbing existing commercial relations between importers in the Community and suppliers in Czechoslovakia, consultations shall be started promptly, in accordance with the procedure specified in Article 15, with a view to remedying this situation.

Article 18

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Czechoslovak Socialist Republic.

Article 19

1. This Agreement enters into force on the first day of the month following the date on which the Contracting Parties notify each other of the completion of the procedures necessary for this purpose. It shall be applicable until 31 December 1986.

2. This Agreement shall apply with effect from 1 January 1983.

3. Either Party may at any time propose amendments to this Agreement or denounce it provided that at least 90 days' notice is given. In the latter event the Agreement shall come to an end on the expiry of the period of notice.

4. The Annexes and Protocols to this Agreement, the Declarations and the Exchange of Letters shall form an integral part thereof.

Article 20

This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Italian, Greek and Czech languages, each of those texts being equally authentic.

ANNEX I

GROUP I A

TABLA OMITIDA

GROUP I B

TABLA OMITIDA

GROUP II A

TABLA OMITIDA

GROUP II B

TABLA OMITIDA

GROUP III A

TABLA OMITIDA

GROUP III B

TABLA OMITIDA

GROUP III C

TABLA OMITIDA

ANNEX II

For practical reasons the product descriptions used in Annex I are given in this Annex in abbreviated form

QUANTITATIVE LIMITS EEC

TABLA OMITIDA

REGIONAL RESTRAINT LEVELS

TABLA OMITIDA

PROTOCOL A

TITLE I

CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform Czechoslovakia of any changes in the Common Customs Tariff or NIMEXE before the date of their entry into effect in the Community.

2. The competent authorities of the Community undertake to inform Czechoslovakia of any decisions relating to the classification of products subject to the Agreement within one month of their adoption at the latest. Such communication shall include:

(a) a description of the products concerned ;

(b) the relevant category, tariff position or sub-position and the NIMEXE code ;

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

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

TITLE II

ORIGIN

Article 2

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

2. The certificate of origin shall be issued by the competent governmental authorities of Czechoslovakia if the products in question can be considered products originating in chat country within the meaning of the relevant rules in force in the Community.

3. However, the products in Group III may be imported into the Community in accordance with the arrangements established by this Agreement on production of a declaration by the exporter on the invoice or other commercial document relating to the products to the effect chat the products in question originate in Czechoslovakia within the meaning of the relevant rules in force in the Community.

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 competent governmental authorities of Czechoslovakia shall ensure chat 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

Where different criteria for determining origin are laid down for products falling within the same category, certificates or declarations of origin shall contain a sufficiently detailed description of the goods to enable the criterion to be determined on the basis of which the certificate was issued or the declaration drawn up.

Article 5

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

TITLE III

DOUBLE CHECKING SYSTEM FOR CATEGORIES OF PRODUCTS WITH QUANTITATIVE LIMITS

Section I

Export

Article 6

The competent: authorities of Czechoslovakia shall issue an export licence in respect of all consignments from Czechoslovakia of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Articles 4, 12 and 14 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Articles 7 and 8 of the Agreement.

Article 7

1. The export licence shall conform to the model annexed to this Protocol. It must certify inter alia that the quantity of the product in question has been set off against the quantitative limit prescribed for the category of the product in question.

2. Each export licence shall only cover one of the categories of products listed in Annex II of the Agreement. It may be used for one or more consignments of the products in question.

Article 8

The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued.

Article 9

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

2. For the purposes of applying paragraph 1, shipment of the goods is considered to have taken place on the date of their loading on the exporting aircraft, vehicle or vessel.

Article 10

The presentation of an export licence, in application of Article 12 below, 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 11

Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.

Article 12

1. The competent Community authorities shall issue such import authorization or document automatically within five working days of the presentation by the importer of the original of the corresponding export licence.

The import authorization or document shall be valid for six months.

2. The competent Community authorities shall cancel the already issued import authorization or document if the corresponding export licence has been withdrawn.

However, if the competent Community authorities have not been notified about the withdrawal or cancellation of the export licence until after the products have been imported into the Community, the quantities involved shall be set off against the quantitative limit for the category and the quota year in question.

Article 13

1. If the competent Community authorities find that the total quantities covered by export licences issued by Czechoslovakia for a particular category in any agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 4, 12 and 14 of the Agreement, or any definitive or provisional limit established under Article 7 or 8 of the Agreement, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent Community authorities shall immediately inform the authorities of Czechoslovakia and the special consultation procedure set out in Article 15 of the Agreement shall be initiated forthwith.

2. Exports of Czechoslovak origin not covered by Czechoslovak export licences issued in accordance with the provisions of this Protocol may be refused the issue of import authorizations or documents by the competent Communist authorities.

However, without prejudice to Article 9 of the Agreement, if the import of such products is allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Articles 7 or 8 of the Agreement, without the express agreement of Czechoslovakia.

TITLE IV

FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS

Article 14

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

These documents shall measure 210 x 297 mm. The paper used must be white writing paper, sized, not containing ; mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche-pattern background, making any falsification by mechanical or chemical means apparent to the eye.

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 as "original" and the other copies as "copies". Only the original shall be clearly marked as "original" and the other copies as "copies". Only the original shall be accepted by the competent authorities in the Community as being valid for the purposes of export to the Community in accordance with the arrangements established by 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:

- a number indicating the quota year,

- numbers running from 00001 to 99999 allocated to the country of destination,

- the numbering system shall also indicate the country of destination (in box 7 of the export licence), country of exportation and issuing office.

Article 15

The export licence and certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either the endorsement "deliveries a posteriori" or the endorsement "issued retrospectively".

Article 16

1. In the event of theft, loss or destruction of an export licence or a certificate of origin, 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 bis possession. The duplicate of any such certificate or licence so issued shall bear the endorsement "duplicata".

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

TITLE V

ADMINISTRATIVE COOPERATION

Article 17

The Community and Czechoslovakia shall cooperate closely to implement the provisions of the Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both Parties.

Article 18

In order to ensure the proper application of the Agreement, the Community and Czechoslovakia shall assist each other in checking the authenticity and accuracy of export licences and certificates of origin issued or declarations made under this Protocol.

Article 19

Czechoslovakia shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export licences and certificates of origin, together with specimens of the stamps used by these authorities. Czechoslovakia shall also notify the Commission of any change in this information.

Article 20

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 products in question.

2. In such cases the competent authorities in the Community shall return the certificate of origin or export licence or a copy thereof to the competent governmental authority in Czechoslovakia giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or licence or its copy. 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 be applicable to subsequent verifications of the declarations of origin referred to 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 or licence or declaration applies to the goods actually exported, and whether these goods are eligible for export in accordance with the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all documentation necessary to determine the facts fully and in particular the true origin of the goods.

Should such verifications reveal systematic irregularities in the use of declarations 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 for a period of at least three years by the competent governmental authority in Czechoslovakia.

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

Article 21

1. Where the verification procedure referred to in Article 20, or where information available to the Community or to Czechoslovakia indicates or appears to indicate that the provisions of this Agreement are being contravened, both Parties shall cooperate closely and with the appropriate urgency to prevent such contravention.

2. To this end, Czechoslovakia shall, on its 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 contravention of this Agreement. Czechoslovakia shall communicate the results of these inquiries to the Community together with any other pertinent information enabling the truc origin of the goods to be determined.

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

4. In pursuance of the cooperation referred to in paragraph 1, Czechoslovakia and the Community shall exchange any information considered by either partner to be of use in preventing the contravention of the provisions of this Agreement. Such information may include information on trade in products subject to this Agreement between Czechoslovakia and other countries and information on production of such products in Czechoslovakia.

5. Where it is established that the provisions of this Agreement have been contravened, Czechoslovakia and the Community may agree to take such measures as are necessary to prevent a recurrence of such contravention.

IMAGEN OMITIDA

PROTOCOL B

The exemption provided for in Article 3 (1) of the Agreement in respect of cottage industry products shall apply only to the following products:

(a) fabrics woven on hand- or foot-operated looms, being fabrics of a kind traditionally made in the cottage industry of Czechoslovakia ;

(b) garments or other textile articles of a kind traditionally made in the cottage industry of Czechoslovakia obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine ;

(c) traditional folklore textile products made by hand in the cottage industry of Czechoslovakia as defined in a list agreed by common accord between both Parties.

Exemption shall be granted only for products accompanied by a certificate issued by the competent Czechoslovak authorities in accordance with the specimen annexed to this Protocol. Such certificates must state the grounds on which exemption is based and shall be accepted by the competent Community authorities provided that they are satisfied that the products concerned conform, to the conditions set out in this Protocol. Should imports of any of the above products reach such proportions as to cause difficulties to the Community, the two Parties shall open consultations forthwith in accordance with the procedure laid down in Article 15 of the Agreement with a view to, finding a quantitative solution to the problem.

IMAGEN OMITIDA

PROTOCOL C

The annual growth rate for the quantitative limits introduced under Article 7 of the Agreement shall be determined as follows:

For products in categories falling within Groups II or III, the growth rate shall be fixed by agreement between the parties in accordance with the consultation procedure established in Article 15 of the Agreement. Such growth rate may in no case be lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of Czechoslovakia.

Declaration concerning Article 1 (3) of the Agreement

The Community declares that, in accordance with the Community rules on origin referred to in Article 1 (3) of the Agreement, any amendments to the said rules will remain based upon criteria not requiring, in order to confer originating status, more extensive operations than those which constitute a single complete process.

Done at Brussels,

For the European Economic Community

Declaration concerning Article 12 of Protocol A

The Community hereby declares that neither a lack of full information nor the giving of approximate information in box 8 of the export licence, nor the absence of details regarding the marks and numbers or the number and kind of packages in box 10, may constitute valid grounds for a refusal on the part of the Community authorities to issue an import authorization or document.

Done at Brussels,

For the European Economic Community

AGREEMENT

in the form of an Exchange of Letters between the Czechoslovak Socialist Republic and the European Economic Community

Sir,

I have the honour to refer to the Agreement initialled on 16 July 1982 between the European Economic Community and the Czechoslovak Socialist Republic on Trade in Textile Products.

Following the negotiations for the said Agreement, the Community and the Czechoslovak Socialist Republic, both Parties being GATT participants, also agreed on the following provisions concerning trade in certain products of flax or ramie.

During the period of validity of the bilateral Agreement referred to above, the Czechoslovak Socialist Republic shall, for each calendar year, comply with the quantitative limits on exports of products of flax or ramie to the Community, in accordance with the annexed Tables I and II (I - description of products, II - level of Czechoslovak exports).

These voluntary restraint measures and the administration thereof shaft, by analogy, be subject to the same conditions as those applying to exports of products in Group III, covered by the Agreement between the Community and the Czechoslovak Socialist Republic on Trade in Textile Products.

The entry into force and duration of the arrangements provided for by the above clauses shall be the same as those of the Agreement.

I should be obliged if you mould confirm that the foregoing is in accordance with the conclusions reached following the negotiations on this question between the European Economic Community and the Czechoslovak Socialist Republic and that this Exchange of Letters constitutes an agreement between the Czechoslovak Socialist Republic and the European Economic Community.

Please accept, Sir, the assurance of my highest consideration.

For

the European Economic Community

Sir, I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

"I have the honour to refer to the Agreement initialled on 16 July 1982 between the European Economic Community and the Czechoslovak Socialist Republic on Trade in Textile Products.

Following the negotiations for the said Agreement, the Community and the Czechoslovak Socialist Republic, both Parties being GATT participants, also agreed on the following provisions concerning trade in certain products of flax or ramie.

During the period of validity of the bilateral Agreement referred to above, the Czechoslovak Socialist Republic shall, for each calendar year, comply with the quantitative limits on exports of products of flax or ramie to the Community, in accordance with the annexed Tables I and II (I - description of products ; II - level of Czechoslovak exports).

These voluntary restraint measures and the administration thereof shall, by analogy, be subject to the same conditions as those applying to exports of products in Group III, covered by the Agreement between the Community and the Czechoslovak Socialist Republic on Trade in Textile Products.

The entry into force and duration of the arrangements provided for by the above clauses shall be the same as those of the Agreement.

I should be obliged if you would confirm that the foregoing is in accordance with the conclusions reached following the negotiations on this question between the European Economic Community and the Czechoslovak Socialist Republic and that this Exchange of Letters constitutes an agreement between the Czechoslovak Socialist Republic and the European Economic Community."

I have the honour to inform the Community that my Government confirms that the foregoing is in accordance with the conclusions reached following the negotiations on this question between the Czechoslovak Socialist Republic and the European Economic Community and that this Exchange of Letters constitutes an agreement between the Czechoslovak Socialist Republic and the European Economic Community.

Please accept, Sir, the assurance of my highest consideration.

For the Government

of the Czechoslovak Socialist Republic

ANNEX I

TABLA OMITIDA

ANNEX II

FLAX PRODUCTS

TABLA OMITIDA

____________________

(1) La fecha de entrada en vigor del Acuerdo será publicada en el Diario Oficial de las Comunidades Europeas a cargo del Secretario General del Consejo.

(2) Por razones de orden material el presente Acuerdo se publica en el Diario Oficial de las Comunidades Europeas en la lengua en que ha sido negociado. La versión en las demás lenguas será publicada ulteriormente.