Avis juridique important|21988A1231(02)Acordo entre a Comunidade Económica Europeia e a República Popular da China sobre o comércio international de têxteis - Protocolo A - Protocolo B - Protocolo C - Protocolo D - Protocolo E - Actas aprovadas - Troca de notas Tradução não oficial Jornal Oficial nº L 380 de 31/12/1988 p. 0002 - 0073 L 352 15/12/1990 P.0002
5208 11 10 and 5208 21 10), taking into account existing currents of trade, as well as specific solutions agreed upon in Brussels.LI GUODONGDear Mr. Li Guodong,Your delegation expressed particular concern about certain problems resulting from regional breakdown of the agreed Community restraint levels.In case of difficulties concerning this problem the Community would enter into consultations in a constructive spirit with a view to finding a mutually acceptable solution.G. HOFMANNExchange of notesThe Mission of the People's Republic of China to the European Communities presents its compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Agreement on textile products between the People's Republic of China and the Community initialled on 9 December 1988.The Mission wishes to inform the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Government of the People's Republic of China is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1989 if the Community is disposed to do likewise.The Mission would be grateful if the Community would confirm its agreement to the foregoing.The Mission of the People's Republic of China to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations the assurance of its highest consideration.Exchange of NotesThe Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the People's Republic of China to the European Communities and has the honour to refer to the Note of 20 December 1988 regarding the Agreement in textile products between the People's Republic of China and the Community initialled on 9 December 1988.The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the People's Republic of China to the European Communities the assurance of its highest consideration. the provisions of Article 6, the Community undertakes to provide the Chinese 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 161. A Textile Committee (hereinafter referred to as the 'Committee') made up of representatives of the Contracting Parties shall be set up, its members being appointed by the Joint Committee provided for in Article 15 of the Trade and Economic Cooperation Agreement.The Committee shall deal with matters raised for consultation under the terms of this Agreement, in accordance with the procedure set out in paragraph 2 below, and with any problem arising from the application of the Agreement.2. The consultation procedures referred to in this Agreement shall be governed by the following rules:- any request for consultations shall be notified in writing to the other Party,- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by 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 one month at the latest of notification of the request, with a view to reaching agreement on a mutually acceptable conclusion within one further month at the latest.3. The Community may request consultations in accordance with paragraph 2 when it ascertains that during a particular year of application of the Agreement difficulties arise in the Community or one of its regions from a sharp and substantial increase, by comparison to the preceding year, in imports of a given category of Group I subject to the quantitative limits set out in Annex III.Article 17The two Contracting Parties undertake to promote the exchange of visits by persons, groups and delegations from business, trade and industry, to facilitate contracts in the industrial, commercial and technical fields connected with trade in textile products and garments and to assist in the organization of fairs and exhibitions of mutual interest.Article 18Pending the entry into force in China of national legislation on intellectual property, the two Parties, at the request of either of them, shall hold consultations in accordance with the procedure laid down in Article 16 for the purpose of finding an equitable solution in any dispute relating to the protection of marks, designs or models of articles of apparel and textile products.V. Final provisionsArticle 19As regards the Community, this Agreement shall apply to the territories in which the Treaty establishing the European Economic Community is applied under the conditions laid down in that Treaty.Article 201. This Agreement shall enter into force on the first day of the month following the date of its signature. It shall be applicable until 31 December 1992.2. This Agreement shall apply with effect from 1 January 1989.3. Either Party may at any time propose modifications to this Agreement or denounce it, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice.4. The Annexes and Protocols to this Agreement and the Agreed Minutes and letters joined thereto, shall form an integral part thereof.Article 21This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Chinese languages, each of these texts being equally authentic.ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1 (1) 1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres.2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.3. Where the expression 'babies' garments' is used, this is meant also to cover girls' garments up to and including commercial size 86.GROUP I A>POSIÇÃO NUMA TABELA>GROUP I B>POSIÇÃO NUMA TABELA>GROUP II A>POSIÇÃO NUMA TABELA>GROUP II B>POSIÇÃO NUMA TABELA>GROUP III A>POSIÇÃO NUMA TABELA>GROUP III B>POSIÇÃO NUMA TABELA>ANNEX II referred to in Article 2 (2) GROUP IV>POSIÇÃO NUMA TABELA>GROUP V>POSIÇÃO NUMA TABELA>ANNEX III COMMUNITY AND REGIONAL QUANTITATIVE LIMITS The allocation of Community limits among regions of the Community will be communicated to China in accordance with the rules in force in the Community.The product descriptions together with the relevant CN codes are reproduced in Annex I.Each quantitative limit established for Germany in this Annex, with the exception of insertions for these articles are so obtained traditionally in Shandong (Shantung).12. Hand knitted lace (Needle point lace):By means of a pair of knitting needles, lace in the piece, shawls, traycloths, curtains, sofa covers, cushion covers, piano covers, tablecloths, bed covers, bedspreads, doilies and insertions for these articles are obtained by hand in traditonal elaborate designs. It is a typical product of Shandong (Shantung), Shanghai, Tianjin (Tientsin) and Liaoning.B. Products largely embroidered by hand in the following traditional techniques of China1. Cut work and embroidery:Traditional designs of Shanghai, Shantou (Swatow), Shandong (Shantung) are embroidered by hand on to cotton or man-made woven fabrics. After embroidery, some parts of the cloth are cut away by hand, so making traditional designs on cushion covers, bed sheets, scarves, sunblinds, handkerchiefs, tablecloths, bedspreads, doilies, pillowcases, shawls, traycloths, bed covers, sofa covers, curtains, guest towels, piano covers, aprons. This type of product also presents drawn work and stuffed embroidery.2. Embroidery organdy:Various kinds of hand embroidery in traditional Chinese designs and colours, typical of Beijing (Peking) and Shantou (Swatow) are carried out on fine translucent cotton woven fabrics, thus producing traycloths, sofa covers, cushion covers, piano covers, aprons, scarves, tablecloths, bed covers, curtains, bedsheets, pillowcases, shawls, bedspreads, guest towels, handkerchiefs, doilies.3. Multi-coloured embroidery:This is a typical kind of hand-embroidered work, specially distinguished for its elaborate traditional colour combination and designs. It is further matched with various kinds of drawn and punch work. This technique is typical of Shanghai, Beijing (Peking), Guangdong (Kwangtung), Tianjin (Tientsin), Fujian and Shandong (Shantung), producing traycloths, cushion covers, bedsheets, scarves, tablecloths, bed covers, curtains, pillowcases, shawls, bedspreads, guest towels, aprons, doilies, sofa covers, piano covers, handkerchiefs.C. Products obtained by the traditional Chinese technique 'applique and embroidery'This technique involves the previous cutting by hand of coloured cloth into traditional floral or geometrical designs which are then sewn by hand on to cotton or man-made woven fabrics. Large hand embroideries in traditional colours and designs are always included in this technique, producing traycloths, handkerchiefs, place mats, cushion covers, scarves, tablecloths, bedsheets, bed covers, shawls, bedspreads, sofa covers, piano covers, guest towels, aprons, pillowcases, doilies, curtains.D. Products presenting important traditional Chinese designs obtained by hand by the 'cross stitch' echniqueCross stitches are made by hand on cotton or man-made woven fabrics with colour-fast threads without a pattern drawn on the fabric, simply by counting the numbers of weft and warp. This technique is typical of Zhejiang (Chekiang), Beijing (Peking) and Shantou (Swatow), producing bedsheets, doilies, cushion covers, handkerchiefs, scarves, tablecloths, bedspreads bed covers, shawls, sofa covers, piano covers, guest towels, aprons, pillowcases, doilies, curtains.E. Hand-made needle point tapestryThese are among the famous and traditional hand-made products of China, typical of Shanghai and Shandong (Shantung). Double ply woollen yarns are worked by hand into cotton canvas by needle point stitches to form various traditional designs frequently of a pictorial character, such as landscapes, scenic historic sites, animals, etc.F. Wax-dyeing products (Fabrics and made-up articles)Wax-dyeing is a traditional method and also a cultural heritage of long standing in Guizhou and Sichuan provinces. With special instruments beeswax is used to draw traditional designs on cotton or man-made woven fabrics. After soaking in dye, the wax melts away and the drawings are revealed. These fabrics are used for producing curtains, doilies, scarves, sofa covers, tablecloths, bedspreads, bedsheets, and aprons.G. Products made by hand paintingThese products belong to the traditional art of China. Typical largely elaborated designs are hand painted on the pillowcases, bedsheets, shawls, scarves, tablecloths, place mats, curtains, bedspreads and sofa IIIDOUBLE CHECKING SYSTEM FOR CATEGORIES OFPRODUCTS WITH QUANTITATIVE LIMITSSection IExportationArticle 6The competent authorities of China shall issue an export licence in respect of all consignments from China of textile products referred to in Annex III, up to the relevant quantitative limits as may be modified by Articles 5, 9 and 10 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Article 6 of the Agreement.Article 71. 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 cover only one of the categories of products listed in Annex III of this Agreement. It may be used for one or more consignments of the products in question.3. Where the conversion rate provided for in Annex III is applied the following note must be inserted in box 9 of the export licence: 'conversion rate for garments of a commercial size not exceeding 130 cm is to be applied'.4. Where the provisions of Article 3 (2) and Annex III of the Agreement concerning quantities reserved for industry are applied, the following note must be inserted in box 9 of the export licence: 'quantitites reserved for industry'.Article 8The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued.Article 91. 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 purpose of applying paragraph 1, shipment of the goods is considered to have taken place on the date of their loading on to the exporting aircraft, vehicle or vessel.Article 10The presentation of an export licence, in application of Article 12, 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 IIImportationArticle 11Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.Article 121. 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 of 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 131. If the competent Community authorities find that the total quantities covered by export licences issued by China for a particular category in any Agreement year exceed the quantitative limit established in Annex III for that category, as may be modified by Articles 5, 9 and 10 of the Agreement, or any definitive or provisional limit established under Article 6 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 China and the special consultation procedure set out in Article 16 of the Agreement shall be initiated forthwith.2. Exports of Chinese origin not covered by Chinese export licences issued in accordance with the provisions of this Protocol may be refused the issue of import authorizations or documents by the competent Community authorities.However, 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 III or established as a result of the application of Article 6 of the Agreement, without the express agreement of China.TITLE IVFORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONSArticle 141. 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 block capitals.These documents shall measure 210×297 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 'copy'. Only the original shall be accepted by the competent authorities in the Community as being valid for the purposes of export to the Community inaccordance with the arrangements established by this Agreement.2. Each document