and waste silk from China, concerning the implementation of commercial contracts.The Chinese authorities undertake to endeavour, in consultation with the organisations responsible for the export of these products, to find remedies to these problems, and to ensure that the quality of the products is improved in order to meet the standards required by European industry.The two delegations agreed that, in the event of any difficulties in provision and delivery of these fibres, consultations may be held with a view to finding a mutually satisfactory solution. Head of Delegation of thePeople's Republic of ChinaHead of Delegation of theEuropean Economic CommunityAgreed Minute concerning Annex IVIn the course of the negotiations on the bilateral Textile Agreement between the European Economic Community and the People's Republic of China initialled on 9 December 1988, the delegation of the Community emphasized the importance it attached to European industries' access to supplies of Chinese raw silk. These industries require improved access to a quantity based on figures corresponding to the actual trade flows in recent years.The Chinese delegation noted this request and will endeavour to supply additional quantities of raw silk to the industries in question according to the availability of supply.The two delegations have agreed that, should problems arise in connection with supplies of raw silk, consultations will be held in order to resolve these problems.Head of Delegation of thePeople's Republic of ChinaHead of Delegation of theEuropean Economic CommunityAgreed Minute1. In the course of the negotiations on the bilateral Textile Agreement between the European Economic Community and the People's Republic of China initialled on 9 December 1988, the European Economic Community delegation drew attention to the administrative and economic difficulties which had in previous years arisen due to overshipments of products in certain categories in Annex III and for which licences have been issued.2. The Chinese delegation confirmed that measures had been taken to ensure that the problems which had arisen in previous years would not be repeated under the Agreement initialled on9 December 1988 and supplied details concerning the internal procedures which have been adopted. The Chinese delegation expressed confidence that the licensing system was now operating correctly.3. The two sides agreed that should difficulties with overlicensing nevertheless arise, the consultations referred to in Article 13, paragraph 1 of Protocol A shall be initiated without delay. In order to assist the Chinese authorities to initiate the internal procedures referred to in paragraph 2 above, the competent authorities in the Community will supply data concerning excess export licences presented.Head of Delegation of thePeople's Republic of ChinaHead of Delegation of theEuropean Economic CommunityAgreed MinuteDuring the negotiations preceding the conclusion of the Textile Agreement on 9 December 1988, the delegation of the European Economic Community drew the attention of the Chinese delegation to the particular problems which have arisen in the Community markets due to imports from China of products of category 33. The Chinese delegation was unable at this stage to agree the introduction of a Community limit for these products.In consequence, the two delegations have agreed that China will accord special consideration to any specific problems raised by the Community in respect of this category, and enter promptly into consultations with a view to finding an appropriate solution.Head of Delegation of thePeople's Republic of ChinaHead of Delegation of theEuropean Economic CommunityAgreed MinuteThe People's Republic of China and the European Economic Community agree that carry-over from the quantitative limits for the year 1988 of amounts not used during the year 1988 is authorized up to 7 % of the corresponding quantitative limits for the year 1989. Anticipation of a portion of quantitative limits for the year 1989 is authorized up to 5 % for any quantitative limit for the year 1988.Head of Delegation of thePeople's Republic of ChinaHead of Delegation of theEuropean Economic CommunityDear Mr. Hofmann,I confirm that the Chinese authorities will give every assistance to European industrialists who wish to visit China in order to benefit from the access to the raw materials referred to in Annex IV to the Textile Agreement between the European Economic Community and China initialled on 9 December 1988, and in the Agreed Minute concerning Annex IV.LI GOUDONGDear Mr. Hofmann,Concerning category 2 (cotton fabrics), the two Parties have agreed that an additional quantity of 1 230 tonnes for fabrics below 115 cm in width may be exported by the People's Republic of China to the European Economic Community on the understanding that for the purposes of taking advantage of this additional facility, China will not in fact export fabrics above 100 cm in width.I hereby declare that this is the understanding of the Chinese government.LI GUODONGDear Mr. Hofmann,I have the honour to confirm that China is willing to ensure the normal development of exports to the Community in respect of fabrics for medical gauze (CN codes 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
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 this Agreement for the current or the following year.3. Exports of cottage industry fabrics woven on hand- or foot-operated looms, garments or other made-up articles obtained manually from such fabrics and of traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products meet the conditions laid down in Protocol B.4. China and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in China.Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits set out in Annex III when they are subject to the specific arrangements laid down in Protocol E.Article 51. In any Agreement year advance use of a portion of the quantitative limit established for the following Agreement year is authorized for each category of products up to 5 % of the quantitative limit for the current Agreement year.Amounts delivered in advance shall be deducted from the corresponding quantitative limits established for the following Agreement year.2. Carry-over to the corresponding quantitative limit for the following Agreement year of the amounts not used during any Agreement year is authorized for each category of products up to 7 % of the quantitative limit for the current Agreement year.3. Transfers in respect of categories in Group I shall not be made from any category except as follows:- transfers between Categories 2 and 3 and from Category 1 to Categories 2 and 3 may be made up to 7 % of the quantitative limits for the category to which the transfer is made,- transfers between Categories 4, 5, 6, 7, and 8 may be made up to 7 % of the quantitative limit for the category to which the transfer is made.Transfers into any category in Groups II and III may be made from any category or categories in Groups I, II and III up to 7 % 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 to this Agreement.5. The increase in any category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 above during an Agreement year shall not exceed 17 %.6. Prior notification shall be given by the authorities of China in the event of recourse to the provisions of paragraphs 1, 2 and 3 above.Article 61. Exports of textile products not listed in Annex III to this Agreement may be made subject to quantitative limits by China 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 III originating in China exceeds, in relation to the preceding years total imports into the Community from all sources of products in that category, the following rates:- 5 % for categories of products in Group II,- 10 % for categories of products in Group III,it may request the opening of consultations in accordance with the procedure described in Article 16 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category.The Community shall authorize the importation of products of the said category shipped from China before the date on which the request for consultations was submitted.3. Pending a mutually satisfactory solution, China undertakes to limit exports of the products in the category concerned to the Community or to the regions of the Community market specified by the Community for a provisional period of three months from the date on which the request for consultations is made. Such provisional limit shall be established at 25 % 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 consultation, or 25 % of the level resulting from the application of the formula set out in paragraph 2, whichever is the higher.4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 16, paragraph 2, 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 16, 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 under paragraph 2 or paragraph 4 may in no case be lower than the level of imports of products in that category originating in China in 1988.6. Quantitative limits may also be established by the Community on a regional basis in accordance with the provisions of Protocol 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 covers of various kinds of woven fabrics by artists. Every painting is different and completely done by hand.H. Hand-knotted carpets and rugsThese are made from wool or other animal-hair yarn. Knotsmost commonly used are Senna or Persian knots and Ghiordes or Turkish knots. Chinese hand-knotted carpets enjoy a long history. The traditional patterns used are common to China and occasionally to neighbouring regions of North and Central Asia and mainly consist of typical stylized flora, animals, popular daily necessities, Chinese characters and geometrical motifs.I. Hand-hooked carpets and rugsThese carpets are made by the insertion by hand of textile yarns by means of hooks into a pre-existing woven fabric, thus producing loops or, if the hooks are combined with a cutting device, also operated by hand, to form cut pile.J. Hand-woven carpets and rugsThese are carpets woven on a wooden or iron loom operated by hand with or without tuft piles. These carpets are essentially Chinese Kelem carpets and Tibetan rugs with traditional Chinese patterns.K. Blouses and shirt-blousesThese are woven garments largely embroidered by hand with traditional Chinese designs and colours.L. Pullovers and cardigansThese are knitted or crocheted neither elastic nor rubberized traditional Chinese textile garments. They are largely embroidered by hand with various unique Chinese floral designs and colours.M. Bed blankets, bed covers, bedsheets, bedspreads, pillowcases, tablecloths, cushion covers, doilies, shawls, sofa covers, curtains, guest towels, piano covers, aprons, scarves, handkerchiefs, traycloths and embroidery on woven fabrics in the piece intended to be made up into these articlesThese textile products are made of artificial silk or of a mixture of natural silk and rayon and are largely embroidered by hand with traditional Chinese designs and colours.N. Open-work knitted or crocheted articles entirely made by handThese are garments and other traditional textile products of China.1. The garments consist of pullovers, cardigans, waistcoats, blouses, dresses, sets of pullover plus skirt.2. The other articles consist of shawls, traycloths, curtains, sofa covers, cushion covers, piano covers, handbags,scarves, tablecloths, bedspreads, doilies and gloves.O. Patchwork cotton waistcoats and jacketsThe patchwork cotton waistcoat is a kind of traditional decorative garment which spreads far and wide among the masses of Hunghe River Valley of China. It has the following characteristics:(a) the outside is a piece of material made up of bits of cloth of various sizes, shapes and colours. The inside is of cotton or man-made fibre, padded by hand. The lining is one piece of grey cloth. The waistcoat is sleeveless, completely open at the front and fastened by means of toggles.(b) flowers, animals and insects and sometimes geometrical patterns are its main designs and all of these designs are patched by hand. Definition for jacket is the same as for the waistcoat except that it has long sleeves.P. Handicraft 'tying and dyeing' fabricsThe fabrics are tied with threads as per the desired design and dyed; the threads are cut off after the fabrics have been dyed, and the pattern comes out. The main fabrics used are made of cotton and other vegetable fibre, man-made fibre and their blend.Imports of products of category 97 made by hand are by analogy governed by the provisions set out for imports of products referred to in Protocol B, providing that they conform to the definition given below:'Hand-knotted fishing nets, nettings, net shopping bags made directly of twine, cordage or rope.Hand-knotted made-up fishing nets made of yarn, twine, cordage or rope.'>REFERÊNCIA A UMA IMAGEN>List of traditional folklore textile products obtained in the cottage industry of China >POSIÇÃO NUMA TABELA>PROTOCOL C Pursuant to Article 6 (6) of the Agreement, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community in relation to the amounts determined in accordance with paragraph 2 of the said Article 6 exceed the following regional percentage:Germany // 25,5 %Benelux // 9,5 %France // 16,5 %Italy // 13,5 %Denmark // Parties.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 2 are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex III.Article 111. China undertakes to take such measures as are required to make possible the export of the minimum annual quantities laid down in Annex IV of the products listed in that Annex. The Parties will examine each year the possibilities of increasing these quantities in the light of the needs of Community industry and China's export possibilities.2. In administering exports of the products referred to in paragraph 1, China undertakes to give favourable consideration, taking into account its export possibilities, to request from the Community textile industry with a view to meeting its needs.For this purpose, the Community may submit to the Chinese authorities before the end of each year a list of interested manufacturers and processors and, if possible, the quantities of products requested by each of the firms in question.3. The Contracting Parties are agreed that transactions in the products listed in Annex IV shall be carried out in accordance with Articles 8 and 9 of the Trade and Economic Cooperation Agreement taking account of market practice and normal trade flows.III. Imports into ChinaArticle 121. In return for the increased opportunities for the export of Chinese textile products to the Community, China shall encourage and facilitate the importation on its market of textile products originating in the Community listed in annexes I and II. To this end China will take such measures as are necessary to avoid exacerbating and if possible to reduce, during the period of application of the Agreement, the disequilibrium in its textile trade balance with the Community.2. Where a need for additional supplies arises, and in particular a need leading to the diversification of imports of textile products into China, preference will be given to imports of products originating in the Community referred to in paragraph 1 and offered on terms meeting the conditions set out in Articles 8 and 9 of the Trade and Economic Cooperation Agreement.Article 131. The two Parties agree to examine the trend of trade in textile products and garments each year, in the framework of the consultations provided for in Article 16 and on the basis of the statistics referred to in Article 15.2. If the Community finds that the provisions of Article 12 paragraph 2 of this Agreement place it in an unfavourable position as compared with a third country, it may requestconsultations with China in accordance with the procedure specified in Article 16 with a view to taking appropriate action consistent with the rights and obligations under the Trade and Economic Cooperation Agreement.IV. Common provisionsArticle 141. The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature and on the Common Customs Tariff of the Community (hereinafter called the 'combined nomenclature', or in abbreviated form 'CN').Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community, concerning categories of products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing any quantitative limit introduced pursuant to this Agreement.2. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community.Any amendment to these rules of origin shall be communicated by China and shall not have the effect of reducing any quantitative limit established in Annex III.The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 151. China shall supply the Community with precise statistical information on all export licences issued for categories of textile products subject to the quantitative limits set out in Annex III, expressed in quantities and in terms of value and broken down by Member State of the Community, as well as on all certificates issued by the Chinese authorities for products referred to in Article 4 paragraph 3 and subject to the provisions of Protocol B.2. The Community shall likewise transmit to the Chinese authorities precise statistical information on import authorizations or documents issued by the Community authorities and import statistics for products covered by the system referred to in Article 6 paragraph 2.3. The information referred to above shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate.4. Upon request by the Community, China shall supply import statistics for all products covered by Annexes I and II.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 16 of this Agreement.6. For the purpose of applying 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