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
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 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. AGREEMENT between the European Economic Community and the Republic of India on Trade in textile products Done at Brussels on 31 October 1986THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF INDIA,of the other part,DESIRING to ensure the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as 'the Community') and India.ON THE BASIS of the Arrangement regarding international trade in textiles (hereinafter referred to as 'the Geneva Arrangement'), and in particular Article 4 thereof, as renewed under the Protocol and the conclusions adopted by the Textiles Committee on 31 July 1986,HAVE DECIDED in a spirit of mutual cooperation to conclude this Agreement and to this end have designated as their Plenipotentiaries:THE COUNCIL OF THE EUROPEAN COMMUNITIES:THE GOVERNMENT OF THE REPUBLIC OF INDIA:WHO HAVE AGREED AS FOLLOWS:SECTION ITrade arrangementsArticle 11. The Parties recognize and confirm that, subject to the provisions of this Agreement and without prejudice to their rights and obligations under the General Agreement on Tariffs and Trade, the conduct of their mutual trade in textile products shall be governed by the provisions of the Geneva Arrangement and the Protocol of Extension dated 31 July 1986.2. In respect of the products covered by this Agreement, the Community undertakes not to introduce quantitative restrictions under Article XIX of the General Agreement on Tariffs and Trade or Article 3 of the Geneva Arrangement.3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products covered by this Agreement shall be prohibited.Article 21. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres originating in India which are listed in Annex I.2. The classification of the products covered by this Agreement is based on the nomenclature of the Common Customs Tariff and on the nomenclature of goods for the external trade statistics of the Community and statistics of trade between Member States (NIMEXE).From the entry into force of the International Convention on the Harmonized Commodity Description and Coding System (HS) this classification will be based on the Harmonized System and on the Community nomenclatures derived from that system.3. 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 to India and shall not have the effect of reducing any quantitative limit established in Annex II.The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 3India agrees for each Agreement year to restrain its exports to the Community of the products described in Annex II to the limits set out therein.Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.Article 4India and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in India.Such re-imports may be agreed outside the quantitative limits established under this Agreement provided that they are effected in accordance with the regulations on economic outward processing in force in the Community.Article 5With reference to Article 12 (3) of the Geneva Arrangement, the limitations set out in this Agreement will not apply to handloom fabrics of the cottage industry, hand-made cottage industry products made of such handloom fabrics and traditional folklore handicraft textile products provided that these products meet the conditions laid down in Protocol B.Article 61. Imports into the Community of textile products covered by this Agreement shall not be subject to the quantitative limits established in Annex II, provided that they are declared to be for re-export outside the Community in the same state or after processing, within the framework of the administrative system of control which exists within the Community.However, the release for home use of products imported under the conditions referred to above shall be subject to the production of an export certificate issued by the Indian authorities, and to proof of origin in accordance with the provisions of Protocol A.2. Where the Community authorities have evidence that imports of textile products have been set off against aquantitative limit established under this Agreement, but that the products have subsequently been re-exported outside the Community, the authorities concerned shall inform the Indian authorities within four weeks of the quantities involved and authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit established under this Agreement for 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 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