current or the following year.Article 71. 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. Carryover 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 India in the event of recourse to the provisions of paragraphs 1, 2 and 3 above.Article 81. Exports of textile products not listed in Annex II to this Agreement may be made subject to quantitative limits by India 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 India exceeds, in relation to the preceding year's total imports into the Community from all sources of products in that category, the following rates:- 1,0 % for categories of products in Group I,- 5,0 % for categories of products in Group II,- 10,0 % 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 India before the date on which the request for consultations was submitted.3. Pending a mutually satisfactory solution, India 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 of the Agreement, 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 4 may in no case be lower than the level of imports of products in that category originating in India in 1986.6. Quantitative limits may also be established by the Community on a regional basis in accordance with the provisions of Protocol C.7. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of fall in total imports into the Community, and not as a result of an increase in exports of products originating in India.8. In the event of the provisions of paragraph 2, 3 or 4 being applied, India undertakes to issue export certificates for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed.9. Up to the date of communication of the statistics referred to in Article 9 (6), the provisions of paragraph 2 of this Article shall apply
Avis juridique important|21988A0927(01)Acordo entre a Comunidade Económica Europeia e a República da Índia sobre o comércio de produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Actas aprovadas - Troca de notas Tradução não oficial Jornal Oficial nº L 267 de 27/09/1988 p. 0002 - 0041 L 301 30/10/1990 P. 0047 this Agreement between India and other countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of India prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation.5. Where it is established that the provisions of this Agreement have been contravened, India and the Community may agree to take such measures as are necessary to prevent a recurrence of such contravention.>POSIÇÃO NUMA TABELA>PROTOCOL B1. The exemption provided for in Article 5 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 in the cottage industry of India;(b) hand-made textile products made in the cottage industry of India from fabrics referred to in (a) above;(c) hand-made garments made in the cottage industry of India from fabrics referred to in (a);(d) traditional folklore textile products of India made in the cottage industry of India as defined in the list agreed between both the Parties and annexed to this Protocol.2. Exemption shall be granted only for products accompanied by a certificate issued by the competent Indian authorities in accordance with the specimen annexed to this Protocol. Such certificates shall state the ground on which exemption is based. Certificates covering products referred to in (d) shall bear a stamp 'FOLKLORE'.3. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products referred to in paragraph 1 of this Protocol.4. The application of the provisions of Article 5 of the Agreement with respect to the products referred to in paragraph 1 (c) of this Protocol is subject to the arrangements set out in Agreed Minute number 7.AGREED LIST OF TRADITIONAL FOLKLORE HANDICRAFT TEXTILE PRODUCTS OF INDIAIndian items are traditional folklore handicraft textile products, uniquely and historically Indian, made in the cottage industry. They cover the products enumerated below (clothes and clothing accessories, decorative furnishings) and such other items as may be agreed upon from time to time.I. CLOTHES AND CLOTHING ACCESSORIESAll the garments and accessories listed below are uniquely and historically Indian traditional folklore textile products on account of their similarity in shape and design with those of clothes and accessories traditionally worn in India.The products listed below must have the following characteristics:- they are produced in cottage industry units,- they do not include zip fasteners,- they are ornamented in the characteristic Indian folk styles, using any one or more of the following methods: the garments called Churidar Pyjama, Salwar and Gararra need not be ornamented,- hand-painting or hand-printing or hand-decoration, or handicraft batik or handicraft tie and dye or kalamkari,- embroidery or crocheted ornamentation,- appliqué work of sequins, glass or wooden beads, shells, mirrors or ornamental motifs of textile,- extra-weft or extra-warp ornamentation.>POSIÇÃO NUMA TABELA> II. DECORATIVE FURNISHINGS >POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>PROTOCOL CUnder Article 8 (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 8 exceed the following regional percentage:Germany // 25,5 %Benelux // 9,5 %France // 16,5 %Italy // 13,5 %Denmark // 2,7 %Ireland // 0,8 %United Kingdom // 21,0 %Greece // 1,5 %Spain // 7,5 %Portugal // 1,5 %Agreed Minute 5With reference to Article 14 (3) of the Agreement on trade in textiles between the European Economic Community and the Republic of India, initialled on 31 October 1986, it is understood that the percentage for the fifth year of the application of the Agreement will be at least equal to the percentage applicable in the fourth year. Head of Delegation of the Republic of IndiaHead of Delegation of the European Economic CommunityAgreed Minute 7In the context of the Agreement between the Community and the Republic of India on trade in textile products initialled on 31 October 1986, the following was agreed:1. Exports of hand-made garments made in the cottage industry of India from fabrics referred to in paragraph 1 (a) of Protocol B (i.e. those categories 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 in accordance with the arrangements established by this Agreement.2. Each export certificate and certificate of origin shall bear a serial number, whether or not printed, by which it can be identified.This number for the export certificate shall be standardized and composed of the following elements:- two letters identifying India as follows: IN,- two letters identifying country of destinations as follows:BL = BeneluxDE = Federal Republic of GermanyDK = DenmarkES = SpainFR = FranceUK = United KingdomGR = GreeceIE = IrelandIT = ItalyPT = Portugal,- a one-digit number identifying quota year, corresponding to the last figure in year, e.g. 7 for 1987,- a two-digit number running consecutively from 01 to 99 identifying the issuing office in India,- a five-digit number running consecutively from 00001 to 99999 allocated to the country of destination.Article 14The export certificate 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 'délivré a posteriori' or the endorsement 'Issued retrospectively'.Article 151. In the event of theft, loss or destruction of an export certificate or a certificate or 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 his possession. The duplicate of any such certificate so issued shall bear the endorsement 'duplicata'.2. The duplicate must bear the date of the original export certificate or certificate of origin.TITLE VADMINISTRATIVE COOPERATIONArticle 16The Community and India shall cooperate closely to implement the Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both parties, in particular to establish the authenticity and accuracy of documentation required under the provisions of the Agreement.Article 17India shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export certificates and certificates of origin together with specimens of the stamps used by these authorities. India shall also notify the Commission of any change in this information.Article 181. Subsequent verification of documentation required under the Agreement shall be carried out at random, or whenever the competent authorities of either Party have reasonable doubt as to the authenticity or accuracy of such documentation.2. In such cases the competent authorities shall make available relevant documentation or a copy thereof to the competent governmental authority of the other Party, giving the reasons of form or substance for an enquiry. If the invoice has beens submitted, such invoice or a copy thereof shall be attached to the relevant document(s) or its copy. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said documentation are inaccurate.3. The results of the subsequent verifications carriedout in accordance with paragraphs 1 and 2 shall be communicated to the competent authorities of the other Party within three months at the latest together with any other pertinent information.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.4. 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 two years by the competent governmental authority in India.5. 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 191. Where the verification procedure referred to in Article 18 or where information available to the Community or to India indicates that the provisions of this Agreement are being contravened, both Parties shall cooperate closely and with appropriate urgency to prevent such contravention.2. To this end appropriate enquiries shall be carried out, if necessary, concerning operations which are or appear to be in contravention of the Agreement. The results of these enquiries shall be communicated together with other pertinent information.3. Subject to agreement between the Community and India, officials designated by the Community may cooperate with the authorities designated by India in the enquiries referred to in paragraph 2.4. Pursuant to the cooperation referred to in paragraph 1, India and the Community shall exchange any information considered by either Party to be of use in preventing the contravention of the provisions of the Agreement. These exchanges may include information on textile production in India and on trade in textile products of a kind covered by this Agreement between India and other countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of India prior to their importation into the Community. This information may include at the request of the Community copies of all relevant documentation.5. Where it is established that the quantitative limits established under this Agreement amounts equivalent to the products of Indian origin.Article 12India shall endeavour to ensure that exports of textile products subject to quantitative limits are spaced out as evenly as possible over an Agreement year, due account being taken, in particular, of seasonal factors.Article 13Should recourse be had to the denunciation provisions of Article 18 (4), the quantitative limits established in Annex II shall be adapted on a pro rata basis.Article 141. Portions of the quantitative limits established in Annex II not used in one Member State of the Community may be reallocated to another Member State.The Community undertakes to examine with care and shall reply within four weeks to any request made for reallocation by India. In the event of agreement on such reallocation, the flexibility provisions set out in Article 7 shall continue to be applicable to the levels of the original allocation.If, in the course of the application of this Agreement, India finds that the break-down of a limit established in Annex II causes particular difficulties, it may request the opening of consultations in accordance with Article 16 with a view to reaching a mutually satisfactory solution.2. After 1 June of each year of application of the Agreement, India may transfer, subject to prior notification to the Community, the unused quantities of the regional quota-shares of a Community quantitative limit, set out in Annex II, to the quota-shares of the same limit of other regions of the Community provided that the regional quota-share from which the transfer is made is utilized by less than 80 %, and up to the amount of the following percentages of the quota-share to which the transfer is made:- 2 % in the first year of the application of the Agreement,- 4 % in the second year of the application of the Agreement,- 8 % in the third year of the application of the Agreement,- 12 % in the fourth year of the application of the Agreement.The percentage in the fifth year of the application of the agreement shall be determined following consultations between the 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 1 are inadequate to cover those requirements, authorize the importations of amounts greater than those stipulated in Annex II.Article 15India and the Community undertake to refrain from discrimination in the allocation of export certificates and import authorizations or documents referred to in Protocols A and B.Article 161. The special 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 or a mutually acceptable conclusion within one further month at the latest.2. The Community may request consultations in accordance with paragraph 1 of this Article and of paragraph 11 of the Protocol of Extension of the Geneva Arrangement when it ascertains that during a particular year of application of the Agreement, real 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 II.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 be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.Article 17This 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 India.SECTION IITransitional and final provisionsArticle 181. This Agreement shall enter 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 1991, except that, for the period 1 August to 31 December 1991, this Agreement is subject to both Parties being free to request, at any time, consultations with a view to proposing revisions in the light of any successor arrangement to the Geneva Arrangement.2. This Agreement shall apply with effect from 1 January 1987.3. Either Party may at any time propose modifications to the Agreement.4. Either Party may at any time donounce this Agreement provided that at least 60 days' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice.5. The Annexes, Protocols and Agreed Minutes to this