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 insertions for these articles are so obtained traditionally in Shandong (Shantung).12. Hand knitted lace (Needle point lace):By means of a pair of knitting needles, lace in the piece, shawls, traycloths, curtains, sofa covers, cushion covers, piano covers, tablecloths, bed covers, bedspreads, doilies and insertions for these articles are obtained by hand in traditonal elaborate designs. It is a typical product of Shandong (Shantung), Shanghai, Tianjin (Tientsin) and Liaoning.B. Products largely embroidered by hand in the following traditional techniques of China1. Cut work and embroidery:Traditional designs of Shanghai, Shantou (Swatow), Shandong (Shantung) are embroidered by hand on to cotton or man-made woven fabrics. After embroidery, some parts of the cloth are cut away by hand, so making traditional designs on cushion covers, bed sheets, scarves, sunblinds, handkerchiefs, tablecloths, bedspreads, doilies, pillowcases, shawls, traycloths, bed covers, sofa covers, curtains, guest towels, piano covers, aprons. This type of product also presents drawn work and stuffed embroidery.2. Embroidery organdy:Various kinds of hand embroidery in traditional Chinese designs and colours, typical of Beijing (Peking) and Shantou (Swatow) are carried out on fine translucent cotton woven fabrics, thus producing traycloths, sofa covers, cushion covers, piano covers, aprons, scarves, tablecloths, bed covers, curtains, bedsheets, pillowcases, shawls, bedspreads, guest towels, handkerchiefs, doilies.3. Multi-coloured embroidery:This is a typical kind of hand-embroidered work, specially distinguished for its elaborate traditional colour combination and designs. It is further matched with various kinds of drawn and punch work. This technique is typical of Shanghai, Beijing (Peking), Guangdong (Kwangtung), Tianjin (Tientsin), Fujian and Shandong (Shantung), producing traycloths, cushion covers, bedsheets, scarves, tablecloths, bed covers, curtains, pillowcases, shawls, bedspreads, guest towels, aprons, doilies, sofa covers, piano covers, handkerchiefs.C. Products obtained by the traditional Chinese technique 'applique and embroidery'This technique involves the previous cutting by hand of coloured cloth into traditional floral or geometrical designs which are then sewn by hand on to cotton or man-made woven fabrics. Large hand embroideries in traditional colours and designs are always included in this technique, producing traycloths, handkerchiefs, place mats, cushion covers, scarves, tablecloths, bedsheets, bed covers, shawls, bedspreads, sofa covers, piano covers, guest towels, aprons, pillowcases, doilies, curtains.D. Products presenting important traditional Chinese designs obtained by hand by the 'cross stitch' echniqueCross stitches are made by hand on cotton or man-made woven fabrics with colour-fast threads without a pattern drawn on the fabric, simply by counting the numbers of weft and warp. This technique is typical of Zhejiang (Chekiang), Beijing (Peking) and Shantou (Swatow), producing bedsheets, doilies, cushion covers, handkerchiefs, scarves, tablecloths, bedspreads bed covers, shawls, sofa covers, piano covers, guest towels, aprons, pillowcases, doilies, curtains.E. Hand-made needle point tapestryThese are among the famous and traditional hand-made products of China, typical of Shanghai and Shandong (Shantung). Double ply woollen yarns are worked by hand into cotton canvas by needle point stitches to form various traditional designs frequently of a pictorial character, such as landscapes, scenic historic sites, animals, etc.F. Wax-dyeing products (Fabrics and made-up articles)Wax-dyeing is a traditional method and also a cultural heritage of long standing in Guizhou and Sichuan provinces. With special instruments beeswax is used to draw traditional designs on cotton or man-made woven fabrics. After soaking in dye, the wax melts away and the drawings are revealed. These fabrics are used for producing curtains, doilies, scarves, sofa covers, tablecloths, bedspreads, bedsheets, and aprons.G. Products made by hand paintingThese products belong to the traditional art of China. Typical largely elaborated designs are hand painted on the pillowcases, bedsheets, shawls, scarves, tablecloths, place mats, curtains, bedspreads and sofa 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