this Agreement are being contravened, both parties shall cooperate closely and with appropriate urgency to prevent such contravention.2. To this end China shall, on this own initiative or at the request of the Community, carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to the Community to be in contravention of this Agreement. China shall communicate the results of these enquiries to the Community together with any other pertinent information enabling the true origin of the goods to be determined.3. By agreement between the competent Community authorities and the competent Chinese authorities, officials designated by the Community may be present at the enquiries referred to above.4. In pursuance of the cooperation referred to in paragraph 1, China and the Community shall exchange any information considered by either Party to be of use in preventing the provisions of the Agreement. These exchanges may include information on textile production in China and on trade in textile products of a kind covered by this Agreement between China and other countries, particulary where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of China prior to their importation into the Community. This information shall 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, China and the Comunity may agree to take such measures as are necessary to prevent a recurrence of such contravention.>REFERÊNCIA A UMA IMAGEN>>REFERÊNCIA A UMA IMAGEN>PROTOCOL B 1. The exemption provided for in Article 4 (3) of the Agreement in respect of the 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 China;(b) garments or other textile articles of a kind traditionally made in the cottage industry of China obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore textile products of China made by hand in the cottage industry of China as defined in the list agreed between both Parties and annexed to this Protocol.2. Exemption shall be granted only for products accompanied by a certificate issued by the competent Chinese authorities in accordance with the specimen annexed to this Protocol. Such certificates shall 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. Certificates covering the products referred to in paragraph (c) above shall bear a conspicuous stamp: 'FOLKLORE'. In case of divergent opinion between China and the competent Community authorities at the point of entry into the Community as to the nature of such products, consultations shall be held within one month with a view to resolving such divergences. 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 16 of the Agreement with a view to finding a quantitative solution to the problem.3. The provisions of Title IV and V of Protocol A shall apply 'mutatis mutandis' to the products referred to in paragraph 1 of this Protocol.Annex to Protocol B TRADITIONAL FOLKLORE TEXTILE PRODUCTS OBTAINED IN THE COTTAGE INDUSTRY OF CHINA ARE IDENTIFIED IN THE ANNEXED LIST This list covers the following kinds of products (and other items as may be agreed upon by both parties from time to time):A. Products of hand-made lace traditional of China 1. Crochet lace:Simply by means of a crochet hook, different products are obtained (piano covers, scarves, tablecloths, bedspreads, doilies, shawls, traycloths, curtains, lace in the piece, bedcovers, sofa covers, cushion covers and insertions for these articles) with traditional designs of Shandong (Shantung), Shanghai and Shantou (Swatow). 2. Tsimou lace:This is a traditional and a special characteristic craft produced in Tsimou county, Shandong (Shantung) province. Cotton or man-made fibre threads are worked by hand according to paper sketches of flora, vases, fishes, birds and other traditional Chinese designs, joined and sewn on to a piece of cotton or man-made fibre woven fabrics, thus producing articles such as traycloths, cushion covers, piano covers, tablecloths, bedspreads, doilies, shawls, lace in the piece, bed covers, sofa covers and insertions for these articles. 3. Gou-gou lace:This is another traditional type of heavy-work hand-made lace typical of Shandong (Shantung), made
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 Categories 18, 23, 26, 67, 73, 76 and 83, contains a sub-ceiling amounting to 19 % of the quantitative limit in question for use exclusively at the Berlin Fair.Community limits>POSIÇÃO NUMA TABELA>Regional Limits>POSIÇÃO NUMA TABELA>ANNEX IV referred to in Article 11 ASSURED PROVISION BY CHINA OF TEXTILE RAW MATERIALS Minimum quantities which China undertakes to reserve for the Community each year: Silk Raw silk (CN code 5002 00 00): 3 000 tonnes Waste silk (CN codes 5003 10 00 and 5003 90 00): (¹) Fine animal hair Angora (CN code 5102 10 10): 700 tonnes Cashmere (CN code ex 5102 10 50): 500 tonnes(¹) China will accord favorable consideration to Community economic operators, within the limits of availability.PROTOCOL A TITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform China of any changes in the combined nomenclature (CN) before the date of their entry into effect in the Community.2. The competent authorities of the Community undertake to inform China 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 and the related CN codes;(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 is put into effect. Products shipped before the date of application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date.4. Where a Community decision on classification resulting in a change of classification practice or a change of categorization of any product subject to the Agreement affects a category subject to restraint, the two Parties agree to enter into consultations in accordance with the procedures described in Article 16 paragraph 1 of the Agreement with a view to honouring the obligation under the second subparagraph of Article 14 paragraph 1 of the Agreement and mitigating any disruptive effects which might arise from such a Community decision.Article 2In case of divergent opinions between China 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.TITLE IIORIGINArticle 31. Products originating in China for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Chinese origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be issued by the competent governmental authorities of China if the products in question can be considered products originating in that 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 that the products in question originated in China within the meaning of the relevant rules in force in the Community.4. The certificate of origin referred to in paragraph 1 shall not be required for import of goods covered by a certificate of origin Form A or Form APR completed in accordance with the relevant Community rules in order to qualify for generalized tariff preferences.Article 4Where 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 5The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the product shall ipso facto cast doubt upon the statements in the certificate.TITLE 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 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 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 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:-two letters identifying China as follows: CN, two letters identifying countries of destination as follows:BL: BeneluxDE: Federal Republic of GermanyDK: DenmarkEL: GreeceES: SpainFR: FranceGB: United KingdomIE: IrelandIT: ItalyPT: Portugal- a one-digit number identifying quota year, corresponding to the last figure in year, e.g. 9 for 1989,- a two-digit number running consecutively from 01 to 99 identifying the issuing office,- a five-digit number running consecutively from 00001 to 99999 allocated to the country of destination.3. The competent authorities in China shall satisfy themselves that the goods exported correspond to the statements given in the export licence and certificate of origin.Article 15The 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 'délivré a posteriori' or the endorsement 'Issued retrospectively'.Article 161. 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 his 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 VADMINISTRATIVE COOPERATIONArticle 17The Community and China shall cooperate closely to implement the provisions of this Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both Parties.Article 18In order to ensure that the Agreement is properly applied, the Community and China assist each other in checking the authenticity and accuracy of export licences and certificates of origin isued or declarations made under this Protocol.Article 19China 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. China shall also notify the Commission of any change in this information.Article 201. Subsequent verification of certificates of origin or export licences shall be carried out at random, or wheneverthe 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 China 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 shall be applicable to subsequent verifications of the declarations of origin referred to in Article 3 of this Protocol.4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 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 applied to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by this 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 3 paragraph 1 and 2 of this Protocol.5. For the purpose of subsequent verification of certificates of origin, copies of the certification as well as any export documents referring to them shall be kept for at least a period of two years by the competent governmental authority in China.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 211. Where the verification procedure referred to in Article 20 or where information available to the Community or to China indicates or appears to indicate 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 China shall, on this own initiative or at the request of the Community, carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or 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