AGREEMENT between the European Economic Community and the Russian Federation on trade in textile productsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE RUSSIAN FEDERATION,of the other part,DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as 'the Community') and the Russian Federation (hereinafter referred to as 'Russia'),RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile industry in both importing and exporting countries,HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:THE COUNCIL OF THE EUROPEAN COMMUNITIES,THE GOVERNMENT OF THE RUSSIAN FEDERATION,WHO HAVE AGREED AS FOLLOWS:Article 11. Trade in textile products listed in Annex I and originating within the Contracting Parties shall be liberalized for the duration of this Agreement under the conditions set out therein.2. Subject to the provisions of this or any successive Agreement, the Community undertakes, in respect of the products listed in Annex I, to suspend the application of quantitative import restrictions currently in force and not to introduce new quantitative restrictions.Quantitative import restrictions shall be re-introduced in case of denunciation or non-replacement of the present Agreement.3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products listed in Annex I shall be prohibited for the duration of this Agreement.Article 21. Russia agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community in accordance with Annex II. Such exports shall be subject to a double-checking system as specified in Protocol A.2. In administering the quantitative limits referred to in paragraph 1, Russia shall ensure that the Community textile industry shall benefit from utilization of the said limits.More particularly, as regards categories 1, 2, 2a and 3 Russia undertakes upon request from the Community to reserve to the Community textile industry, as a priority, 30 % of the quantitative limits concerned for industry users during a period extending between 1 January to 31 May of each year. For this purpose, contracts made with the industry during the period in question shall be taken into consideration.3. To facilitate the implementation of these provisions the Community shall provide the competent Russian authorities, before the end of each year, with a list of interested Community manufacturers and processors and, if possible, of the quantity of products requested for each firm. To this end, the firms concerned are invited to make direct contact with the relevant Russian enterprises as early as possible during the reservation period mentioned in paragraph 2, in order to make their purchasing intentions known.Article 31. 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 into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the authorities of Russia, 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 Russian authorities within four weeks of the quantities involved and authorize imports of identical quantitaties 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.3. The Community and Russia recognize the special and differential character of re-imports of textile products into the Community after processing in Russia as a specific form of industrial and trade cooperation.Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits set out in Annex II when they are subject to the specific arrangements laid down in Protocol C.Article 41. 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 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
Avis juridique important|21994A0517(15)Acordo entre a Comunidade Europeia e a Federação Russa sobre o comércio de produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Actas aprovadas - Nota verbal - Troca de notas Tradução não oficial Jornal Oficial nº L 123 de 17/05/1994 p. 0528 - 0555 Edição especial finlandesa: Capítulo 11 Fascículo 31 p. 0530 Edição especial sueca: Capítulo 11 Fascículo 31 p. 0530 and by whatever other means. Accordingly, Russia 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 Russia 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 consultation referred to in paragraph 2, Russia 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 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 Russia have been imported in circumvention of the present Agreement, to set off the relevant quantities against the quantitative limits established under the Agreement;(b) where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in Russia has occured, to refuse to import the products in question;(c) should it appear that the territory of Russia is involved in transhipment or re-routing, as referred to in paragraph 1, of products not originating in Russia, to introduce quantitative limits against the same products originating in Russia 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 71. The quantitative limits established under this Agreement on imports into the Community of textile products of Russian 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 regional concentration of direct imports into the Community.3. Russia shall monitor its exports of products under restraint or surveillance into the Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community will be entitled to request consultations in order to find a satisfactory solution to those problems. Such consultations must be held within 15 working days of their being requested by the Community.4. Russia shall endeavour to ensure that exports of textile products subject to quantitative limits into the Community are spaced out as evenly as possible over the year due account being taken in particular of seasonal factors.Article 8In the event of denunciation of this Agreement as provided for in Article 19 (3), the quantitative limits established in Annex II shall be reduced on a pro rata temporis basis unless the Contracting Parties decide otherwise by common agreement.Article 9Russia exports of cottage-industry fabrics woven on hand- or foot-operated looms, garments or other made-up articles obtained manually from such fabrics and of traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products originating in Russia meet the conditions laid down in Protocol B.Article 101. Should the Community consider that a textile product covered by this Agreement is being imported into the Community from Russia at a price abnormally lower than the normal competitive level and is for this reason causing or threatening to cause serious injury to Community producers of like or directly competing products, it may request consultations under Article 15, and in that event the following specific provisions shall be applicable.2. If following such consultations it is acknowledged by common accord that the situation described in paragraph 1 exists, Russia shall take, within the limits of its powers, the necessary steps, notably as regards the price at which the product in question will be sold, to remedy the situation.3. In order to determine whether the price of a textile product is abnormally lower than the normal competitive level, it may be compared with:- the prices generally charged for like products sold under the ordinary conditions by other exporting countries on the market of the importing country,- the prices of like national products at a comparable marketing stage on the market of the importing country,- the lowest prices charged by a third country for the same product in the course of ordinary commercial dealings in the three months preceding the request for consultations, and not having led to the adoption of any measure by the Community.4. Should the consultations referred to in paragraph 2 above fail to lead to an agreement within 30 days of the Community's request for consultations, the Community may, until these consultations have produced a mutually satisfactory solution, temporarily refuse consignments of the product in question at prices under the conditions referred to in paragraph 1 above.5. In totally exceptional and critical reasonable period (and in any case not later than 15 days following the notification) by a report setting out the circumstances which, in the opinion of the requesting Party, justify the submission of such a request,- the Contracting Parties shall enter into consultations within one month of notification of the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest,- the period of one month referred to above for the purpose of reaching agreement or a mutually acceptable conclusion may be extended by common accord.2. The Community may request consultations in accordance with paragraph 1 when it ascertains that during a particular year of application of the Agreement difficulties arise in the Community or one of its regions due to 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 II.3. At the request of either of the Contracting Parties, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Contracting Parties.Article 16The Contracting Parties undertake to promote the exchange of visits by persons, groups and delegations from business, trade and industry, to facilitate contacts in the industrial, commercial and technical fields connected with trade and cooperation in textile industry and textile products and garments, and to assist in the organization of fairs and exhibitions of mutual interest.Article 17As regards intellectual property, at the request of either Contracting Party, consultations shall be held in accordance with the procedure laid down in Article 15 with a view to finding an equitable solution to problems relating to the protection of marks, designs or models of articles of apparel and textile products.Article 18This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of the Russian Federation.Article 191. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 1994. Thereafter, the application of this Agreement shall be extended automatically for a period of one more year up to 31 December 1995, unless either Party notifies the other at least six months before 31 December 1994 that it does not agree with this extension.2. This Agreement shall apply with effect from 1 January 1993.3. Either Contracting 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 Contracting Parties agree to enter into consultations not later than six months before the expiration of the present Agreement with a view to possibly concluding a new Agreement.5. The Annexes, Protocols, Agreed Minutes and letters exchanged or attached to this Agreement, shall form an integral part thereof.Article 20This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Russian languages, each of these texts being equally authentic.For the Government of the Russian FederationFor the Council of the European CommunitiesANNEX I (The contents of this Annex I are identical to those of pages 9 to 41) ANNEX II (The full products descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement) >POSIÇÃO NUMA TABELA>PROTOCOL A TITLE I CLASSIFICATION Article 11. The competent authorities of the Community undertake to inform Russia of any changes in the combined nomenclature (CN) before the date of their entry into force in the Community.2. The competent authorities of the Community undertake to inform the competent authorities of Russia of any decisions relating to the classification of products subject to the present 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 entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in the 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 quantitative limits, the Contracting Parties agree to enter into consultation in accordance with out by the organizations authorized to do so under Russian law shall be issued, in accordance with Protocol A to the Agreement, for all products covered by this Protocol. This certificate shall bear a reference to the prior authorization mentioned in paragraph 6 above as evidence that the processing operation it describes has been carried out in Russia.8. The Community shall provide Russia with the names and addresses of, and specimens of the stamps used by, the competent authorities of the Community which issue the prior authorizations referred to in paragraph 6 above.9. Without prejudice to the provisions of paragraphs 1 to 8 above, Russia and the Community shall continue consultations with a view to seek a mutually acceptable solution enabling both Contracting Parties to benefit from the Agreement's provisions on outward processing traffic and so ensure the effective development of trade in textile products between Russia and the Community.Annex to Protocol C (The product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement) OPT QUOTAS >POSIÇÃO NUMA TABELA>Agreed Minute No 1 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993, the Parties agreed that Article 5 of the Agreement does not preclude the Community, if the conditions are fulfilled, from applying the safeguard measures for one or more of its regions in conformity with the principles of the internal market.In such an event, Russia shall be informed in advance of the relevant provisions of Protocol A to the Agreement to be applied, as appropriate.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesAgreed Minute No 2 Nothwithstanding Article 7 (1) of this Agreement, for imperative technical or administrative reasons or to find a solution to economic problems resulting from regional concentration of imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the Community will establish for a limited period of time a specific management system in conformity with the principles of the internal market.However, if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article 7 (3), Russia undertakes, if so requested by the Community, to respect temporary export limits for one or more regions of the Community. In such a case, these limits shall not preclude the importation into the region(s) concerned of products which were shipped from Russia on the basis of export licences obtained before the date of formal notification to Russia by the Community about the introduction of the above limits.The Community shall inform Russia of the technical and administrative measures, such as defined in the attached note verbale, that need to be introduced by both Parties in order to implement the above paragraphs in conformity with the principles of the internal market.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesNote verbale The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Ministry of Foreign Affairs of the Russian Federation and has the honour to refer to the Agreement between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993.The Directorate-General wishes to inform the Ministry, that the Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute No 2 to the Agreement, initialled at Brussels on 12 June 1993. Consequently, the corresponding provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be applied as of the above date.The Directorate-General for External Relations avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Russian Federation the assurance of its highest consideration.Agreed Minute No 3 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993, the Parties agreed that Russia shall endeavour not to deprive certain regions of the Community which have traditionally had relatively small shares of Community quotas of imports of products serving as inputs for their processing industry.The Community and Russia further agreed to hold consultations, should the need arise, in order to avert any problems which might occur in this respect.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesAgreed Minute No 4 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993, Russia agreed that, from the date of request for and pending the consultations referred to in Article 7 (3), it shall cooperate by not issuing export licences that would further aggravate the problems resulting from the regional concentration of direct imports into the Community.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesExchange of notes The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Russian Federation to the European Communities and has the honour to refer to the Agreement on textile products between Russian Federation on trade in textile products, initialled