established for the year in which shipment of the goods has Agreement shall be initiated forthwith .been effected , even if the export certificate is issued after suchshipment . 2. Exports of Thai origin not covered by export licences issued in accordance with the provisions of this Protocol may2. For the purposes of applying paragraph 1 , shipment of be refused the issue of import authorizations or documentsthe goods is considered to have taken place on the date of by the competent Community authorities .their loading on to the exporting aircraft , vehicle orvessel . However, if the import of such products is allowed into the Community by the competent Community authorities , the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a Article 10 result of the application of Articles 8 or 9 of the Agreement , without the express agreement of Thailand , save as providedThe presentation of an export licence , in application of for in Article 12 of the Agreement .Article 12 below , shall be effected not later than 31 March ofthe year following that in which the goods covered by thelicence have been shipped . TITLE IV Section II
accordance with the provisions of Protocol D. 4. Should the Parties be unable in the course of8. The provisions of this Article shall not apply where thepercentages specified in paragraph 2 have been reached as a consultations to reach a satisfactory solution within the period specified in Article 17 , Thailand undertakes , if soresult of a fall in total imports into the Community , and notas a result of an increase in exports of products originating in requested by the Community:Thailand . — to suspend wholly or in part the provisions of Article 7 in respect of the Community or any of its regions for the9. Should the provisions of paragraphs 2 , 3 or 4 be category concerned , orapplied , Thailand undertakes to issue export licences forproducts covered by contracts concluded before the — to modify the quantitative limit set out in Annex II for theintroduction of the quantitative limit, up to the volume of the category concerned so as to restrain exports to thequantitative limit fixed . Community or any of its regions to 125% of imports attained during the preceding calendar year , or to the10 . Up to the date of communication of the statistics level of exports up to the date of the request forreferred to in Article 10 ( 5 ), the provisions of paragraph 2 consultations plus the level of exports provided forshall apply on the basis of the annual statistics previously during the consultation period under paragraph 2 ,communicated by the Community . whichever is the higher. ---pagebreak--- N ? L 245 / 294 Jornal Oficial das Comunidades Europeias 29 . 8 . 86Should the provisions of this paragraph be applied , the The Community shall transmit to the Thai authorities import 72 ' 60.05 Outer garments and other articles , knitted or 9,7 103 A II b ) 2 crocheted , not elastic or rubberized : A. Outer garments and clothing accessories : II . Other : 60.06 Knitted or crocheted fabric and articles thereof, B I elastic or rubberized ( including elastic knee-caps and elastic stockings ): B. Other : 60.05-11 , 13 , 15 Knitted swimwear 60.06-91 61.01 Men's and boys' outer garments : B II 61.02 Women's , girls' and infants' outer garments : B II b ) B. Other : 61.01-22 , 23 Woven swimwear , of wool , of cotton or of man-made textile fibres 61.02-16 , 18 8. The provisions of this Article also apply where the levelreferred to in paragraph 1 is exceeded in any of the 1. Should there be divergent opinions between ThailandCommunity's regions . In such a case the compensation and the competent Community authorities at the point ofreferred to in paragraphs 1 and 4 will concern the region or entry into the Community on the classification of productsregions of the Community indicated in the Community's covered by this Agreement , classification shall provisionallyrequest for consultations . be based on indications provided by the Community , pending consultations in accordance with Article 17 with a9. With a view to limiting recourse to paragraph 1 of this view to reaching agreement on definitive classification of theArticle , Thailand undertakes to inform the Community of product concerned .any sharp and substantial increases in the issue of exportlicences for any category which is likely to lead to the 2. The authorities of Thailand shall be informed of anyfulfilment of the conditions required for the application of amendment to the Common Customs Tariff or NIMEXE orthis Article . any decision , made in accordance with the procedures in force in the Community , relating to the classification of products covered by this Agreement . Article 10 Any amendment to the Common Customs Tariff or1. Thailand undertakes to supply the Community with NIMEXE or any decision which results in a modification ofprecise statistical information on all export licences issued by the classification of products covered by this Agreement shallthe Thai authorities for all categories of textile products not have the effect of reducing any quantitative limit established in Annex II .subject to the quantitative limits established under thisAgreement as well as on all certificates issued by the Thaiauthorities for all products referred to in Article 5 and subject The procedures for the application of this paragraph are set N ? L 245 / 290 Jornal Oficial das Comunidades Europeias 29 . 8 . 86 ACORDO entre a Comunidade Económica Europeia e o Reino da Tailândia sobre o Comércio de Produtos Têxteis í 1 ) ( ! ) Por razões materiais, o presente Acordo é publicado no Jornal Oficial das Comunidades Europeias na língua em que foi negociado . A versão nas outras línguas será publicada posteriormente . ---pagebreak--- 29 . 8 . 86 Jornal Oficial das Comunidades Europeias N ? L 245 / 291 AGREEMENT between the European Economic Community and the Kingdom of Thailand on trade in textile products THE COUNCIL OF THE EUROPEAN COMMUNITIES , of the one part , and THE GOVERNMENT OF THE KINGDOM OF THAILAND , 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 Kingdom of Thailand ( hereinafter referred to as 'Thailand'), 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 , and , in particular , to eliminate real risks of market disruption on the market of the Community and real risks of disruption to the textile trade of Thailand , HAVING REGARD to the Arrangement regarding International Trade in Textiles ( hereinafter referred to as 'the