Avis juridique important|21994A0517(17)Acordo entre a Comunidade Europeia e a República da Eslovénia sobre o comércio de produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Actas aprovadas - Troca de notas Tradução não oficial Jornal Oficial nº L 123 de 17/05/1994 p. 0608 - 0662 Edição especial finlandesa: Capítulo 11 Fascículo 31 p. 0610 Edição especial sueca: Capítulo 11 Fascículo 31 p. 0610
to the provisions of Articles 8 and 11 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 2, the textile products covered by the export licences can only be put into free circulation in the region(s) of the Community indicated in those licences.2. Where quantitative limits have been introduced pursuant to this Agreement, each export licence must certify inter alia that the quantity of the product in question has been set off against the quantitative limit established for the category of the products concerned and shall only cover one category of products subject to quantitative limits. It may be used for one or more consignments of the products in question.3. For products subject to a double-checking system without quantitative limits the export licence shall conform to Model 2 annexed to this Protocol. It shall only cover one category of products and may be used for one or more consignments of the products in question.Article 8The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.Article 91. Exports of textile products subject to quantitative limits pursuant to this Agreement shall be set off against the quantitative limits established for the year in which the shipment of the goods has been effected even if the export licence 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 onto the exporting aircraft, vehicule or vessel.Article 10The presentation of an export licence, in application of Article 12 hereafter, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.Section II Importation Article 11Importation into the Community of textile products subject to quantitative limits or to a double-checking system pursuant to this Agreement shall be subject to the presentation of an import authorization.Article 121. The competent authorities of the Community shall issue the import authorization referred to in Article 11 above, within five working days of the presentation by the importer of the original of the corresponding export licence.2. The import authorizations concerning products subject to quantitative limits under this Agreement shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Economic Community is applied. However, where the Community has recourse to the provisions of Articles 8 and 11 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 2, the products covered by the import licences can only be put into free circulation in the region(s) of the Community indicated in those licences.3. The import authorizations for products subject to a double-checking system without quantitative limits shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Economic Community is applicable.4. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn.However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation of the products into the Community, the relevant quantities shall be set off against the quantitative limits established for the category and the quota year concerned.Article 131. If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Slovenia for a particular category in any year exceed the quantitative limit established in accordance with Article 8 of the Agreement for that category, as may be modified by Articles 7, 10 and 12 of the Agreement, the said authorities may suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authorities of Slovenia and the special consultation procedure set out in Article 14 of the Agreement shall be initiated forthwith.2. Exports of products of Slovenian origin subject to quantitative limits or a double-checking system and not covered by Slovenian export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities.However, without prejudice to Article 10 of the Agreement if the import of such products is allowed into the Community by the competent authorities of the Community, the quantities involved shall not be set off against the appropriate quantitative limits established pursuant to this Agreement, without the express agreement of the competent authorities of Slovenia.TITLE IV FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY Article 141. The export licence 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 printed script.These documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². If the documents have several copies only the top copy, which is the original, shall be printed with the necessary procedures for the conclusion and the coming into force of the Agreement, the Government of the Republic of Slovenia is prepared to allow the provisions of the Agreement to apply de facto from the date of entry into force of the Cooperation Agreement between the European Economic Community and the Republic of Slovenia signed on 5 April 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.The Ministry of Economic Relations and Development of the Republic of Slovenia avails itself of this opportunity to renew to the Directorate-General for External Economic Relations of the Commission of the European Communities the assurance of its highest consideration.Agreed Minute No 5 In the course of the negotiations for the conclusion of the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile and clothing products held in Brussels on 14 and 15 July 1993, the two Parties agreed to hold consultations during the last quarter of 1993 in order to assess, on the ground of available import statistics, the opportunity to extend the double-checking provisions and the tariff regime provided for by Annexes II and V of the Agreement to categories 1, 2, 3, 15, 16 and 67.For the Government of the Republic of SloveniaFor the Council of the European CommunitiesAgreed Minute No 6 In the context of the negotiations of the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile and clothing products held in Brussels on 14 and 15 July 1993, it was agreed that, should a cumulation of origin be introduced by the Community for the territories and Republics of the former Yugoslavia, the Parties will hold consultations to review the relevant provisions of the Agreement.For the Government of the Republic of SloveniaFor the Council of the European Communities administrative system of control which exists within the Community.However, the release for home use of products imported into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the authorities of Slovenia, and to proof of origin in accordance with the provisions of Protocol A.2. Where the Community authorities ascertain that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported outside the Community, the authorities shall inform the Slovenian 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, as appropriate.Article 7Should quantitative limits be introduced under Article 8, the following provisions shall apply:1. 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. Carry-over 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 9 % 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 1, 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 10 % 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 Slovenian authorities in the event of recourse to the provisions of paragraphs 1, 2 and 3 above, at last 15 days in advance.Article 81. Exports of textile products listed in Annex I to this Agreement may be made subject to quantitative limits 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 listed in Annex I originating in Slovenia 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 % for categories of products in Group I,- 5 % for categories of products in Group II,- 10 % for categories of products in Groups III,it may request the opening of consultations in accordance with the procedure described in Article 14 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category.3. Pending a mutually satisfactory solution, Slovenia undertakes to limit exports of the products concerned to the Community or to the region or 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 Contracting Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 14, 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 refferred to in Article 14, 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 annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol C.6. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in limits introduced under this Article shall be determined in accordance with the provisions of Protocol C.6. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in Slovenia.7. In the event the provisions of paragraphs 2, 3 and 4, the Community shall authorize the imports of products of the category concerned shipped from Slovenia before the request for consultation was submitted.Should the provisions of paragraph 2 or 4 be applied, Slovenia undertakes to issue export licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed.8. 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.Article 91. Slovenia shall supply the Commission with precise statistical information on all export licences issued for categories of textile products subject to quantitative limits established under this Agreement or to a double-checking system, expressed in quantities and in terms of value and broken down by Member States of the Community, as well as on all certificates issued by the competent Slovenian authorities for products referred to in Article 5 and subject to the provisions of Protocol B.2. The Community shall likewise transmit to the Slovenian authorities precise statistical information on import authorizations issued by the Community authorities and import statistics for products covered by the system referred to in Article 8 (2).3. The information referred to above shall, for all categories of products, be forwarded before the end of the month following the month to which the statistics relate.4. Upon request by the Community, Slovenia shall supply import statistics for all products covered by Annex I.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 14 of this Agreement.6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Slovenian 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 101. In view of ensuring the effective functioning of this Agreement, the Community and Slovenia agree to cooperate fully in order to prevent, to investigate and to take any necessary legal and/or administrative action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning fibre content, quantities, description or classification of merchandise and by whatever other means. Accordingly, Slovenia and the Community agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.2. Should the Community believe on the basis of information available that the present Agreement is being circumvented, the Community will consult with Slovenia with a view to reaching a mutually satisfactory solution. These consultations will be held as early as possible and at the latest within 30 days from the date of request.3. Pending the results of the consultations referred to in paragraph 2, Slovenia shall, as a precautionary measure, if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of quantitative limits established under Article 8 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.4. Should the Parties be unable, in the course of the consultation referred to in paragraph 2, to reach a mutually satisfactory solution, the Community shall have the right:(a) where there is sufficient evidence that products originating in Slovenia have been imported in circumvention of the present Agreement, to set off the relevant quantities against the quantitative limits established under Article 8;(b) where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in Slovenia has occured, to refuse to import the products in question;(c) Should it appear that the territory of Slovenia is involved in transhipment or re-routing of products not originating in Slovenia, to introduce quantitative limits against the same products originating in Slovenia if they are not already subject to quantitative limits, or to take any other appropriate measures.5. The Parties agree to establish a system of administrative cooperation to prevent and to address effectively all problems arising from circumvention in accordance with the provisions of Protocol A to this Agreement.Article 111. The quantitative limits established under this Agreement on imports into the Community of textile products of Slovenian origin will not be broken down by the Community into regional shares.2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows resulting in