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 of products falling within Groups I (B), II (B) and III (B) in Annex I of the initialled Agreement) will be included in the quantitative limits established under the Agreement. These products will be covered by export certificates.2. In addition, for such products belonging to categories 6, 8, 15 and 27, the following global quantities:1987: 3 350 000 pieces1988: 3 481 000 pieces1989: 3 619 000 pieces1990: 3 763 000 pieces1991: 3 912 000 piecesmay be exported to the Community, provided they are accompanied by the certificate referred to in paragraph 2 of Protocol B bearing the following reference in box 7: 'Hand-made garments'. The category of the product in question, as well as the quota year, must also be indicated in the same box.For each of the categories in question the total quantity exported to the Community shall not exceed the following levels:>POSIÇÃO NUMA TABELA>These quantities are broken down into shares for each of the regions of the Community. The breakdown for 1987 is set out in the annex to this Agreed Minute.3. The provisions of Articles 7 and 14 (2) of the Agreement shall apply to the above quantities, except that there shall be no inter-category or inter-regional transfers between the quantitative limits referred to above and those set out in Annex II to the Agreement.4. The provisions of Title III, IV and V of Protocol A shall apply mutatis mutandis to the above products. Head of Delegation of the Republic of IndiaHead of Delegation of the European Economic Community Annex to Agreed Minute 7Regional breakdown for 1987>POSIÇÃO NUMA TABELA>Exchange of NotesThe Mission of the Republic of India 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 trade in textile products between the Republic of India and the Community initialled on 31 October 1986.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 Republic of India is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1987 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 Republic of India to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations of the European Communities 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 Republic of India to the European Communities and has the honour to refer to the Note regarding the Agreement on trade in textile products between the Republic of India and the Community initialled on 31 October 1986.The Directorate-General wishes to confirm that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1987.The Directorate-General for External Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of the Republic of India to the European Communities the assurance of its highest consideration.
OF PRODUCTS WITH QUANTITATIVE LIMITSSection IExportationArticle 5The competent authorities of India shall issue an export certificate in respect of all consignments from India of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Articles 7, 13 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 Article 8 of the Agreement.Article 61. The export certificate shall conform to the model annexed to this Protocol. It must certify inter alia that thequantity 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 certificate shall only cover one of the categories of products listed in Annex II to 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 II 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'.Article 7The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export certificate already issued.Article 81. 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 certificate 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 9The presentation of an export certificate, pursuant to Article 11, shall be effected not later than 31 March of the year following that in which the goods covered by the certificate have been shipped.Section I IImportationArticle 10Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.Article 111. The competent Community authorities shall issue the import authorization or document referred to in Article 10 automatically within five working days of the presentation by the importer of the original of the corresponding export certificate.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 certificate has been withdrawn.However, if the competent Community authorities are notified about the withdrawal or cancellation of the export certificate only 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 121. If the competent Community authorities find that the total quantities covered by export certificates issued by India 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 7, 13 and 14 of the Agreement, or any definitive or provisional limit established under Article 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 India and the special consultation procedure set out in Article 16 of the Agreement shall be initiated forthwith.2. Exports of products of Indian origin subject to quantitative limits not covered by Indian export certificates 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 II or established as a result of the application of Article 8 of the Agreement, without the express agreement of India, save as provided for in Article 11 of the Agreement.TITLE IVFORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONSArticle 131. The export certificate 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. Where the export certificate and the certificate of origin are issued at the same time, the certificate of origin may be a carbon copy of the export certificate.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/m$. 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 in accordance with the arrangements established by this Agreement.2. Each export certificate and certificate of origin shall bear a serial number, whether or 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 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 on the basis of the annual statistics previously communicated by the Community.10. The provisions of this Agreement which concern exports of products subject to the quantitative limits established in Annex II shall also apply to products for which quantitative limits are introduced under this Article.Article 91. India shall supply the Community with precise statistical information on all export certificates issued by the Indian authorities for all categories of textile products subject to the quantitative limits established under this Agreement as well as on all certificates issued by the Indian authorities for all products referred to in Article 5 and subject to the provisions of Protocol B.The Community shall likewise transmit to the Indian authorities precise statistical information on import authorizations or documents issued by the Community authorities in respect of export certificates issued by India.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. The Community shall supply to the Indian authorities import statistics for all products covered by the system of administrative control referred to in Article 8 (2) and for products covered by Article 6 (1).4. The information referred to in paragraph 3 shall, for all categories of products, be forwarded 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 16.6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Indian 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.7. India and the Community will exchange to the extent possible available statistical information on trade in textile products.Article 101. Should there be divergent opinions between India 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 16 with a view to reaching agreement on definitive classification of the product concerned.2. If the above provisional classification results in provisional debit against a quantitative limit for a category of products other than the category indicated on the export documents issued by the competent Indian authorities, the Community shall inform India of such provisional debit within 30 days.3. The authorities of India shall be informed of any amendment to the tariff and statistical nomenclatures in force in the Community or any decision, made in accordance with the procedures in force in the Community, relating to the classification of products covered by this Agreement.Any amendment to the tariff and statistical nomenclatures in force in the Community or any decision which results in a modification of 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 111. India and the Community agree to cooperate fully in preventing the circumvention of the present Agreement.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 Indian origin subject to quantitative limits established under this Agreement have been transhipped, rerouted 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 16 of this Agreement, with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under the Agreement.3. Pending the result of the consultations referred to in paragraph 2, India 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 consultations to reach a satisfactory solution within the period specified in Article 16 of the 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 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 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