the trade in the type of products covered by this Protocol between Hungary and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Hungary prior to their importation into the Community. This information may include at the request of the Community copies of all available relevant documentation.5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Hungary and the Community may agree to take the measures set out in Article 11 (4) of the Protocol, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement. >INÍCIO DE GRÁFICO>>FIM DE GRÁFICO>>INÍCIO DE GRÁFICO>>FIM DE GRÁFICO> Appendix B Reimports into the Community, within the meaning of Article 4 (2) of this Protocol, of products listed in the Annex to this Appendix shall be subject to the provisions of this Protocol, unless the special provisions below provide otherwise:1. Subject to paragraph 2, only reimports into the Community of products affected by the specific quantitative limits laid down in the Annex to this Appendix shall be considered reimports within the meaning of Article 4 (2) of the Protocol.2. Reimports not covered by the Annex to this Appendix may be made subject to specific quantitative limits following consultations in accordance with the procedures set out in Article 14 of the Protocol, provided the products concerned are subject to quantitative limits under Annex II to the Protocol or to surveillance measures.3. Having regard to the interests of both Parties, the Community may at its discretion, or in response to a request from Hungary under Article 14 of the Protocol, examine and give effect to:(a) the possibility of transferring from one category to another, using in advance or carrying over from one year to the next, portions of specific quantitative limits;(b) the possibility of increasing specific quantitative limits.4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above within the following limits:(a) transfers between categories may not exceed 25 % of the quantity for the quantity to which the transfer is made;(b) carry-over of a specific quantitative limit from one year to the next may not exceed 13,5 % of the quantity set for the year of actual utilization;(c) advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the quantity set for the year of actual utilization;5. The Community shall inform Hungary of any measures taken pursuant to the preceding paragraphs.6. The competent authorities in the Community shall debit the specific quantitative limits referred to in paragraph 1 at the time of issue of the prior authorization required by Council Regulation (EEC) No 636/82 which governs economic outward processing arrangements. A specific quantitative limit shall be debited for the year in which a prior authorization is issued.7. Transfers from one category to another and combined debits from the quantitative limit for products of Groups II and III will be calcultated in accordance with the table of equivalence in Annex I to the Agreement.8. A certificate of origin made out by the organizations authorized to do so under Hungarian law shall be issued, in accordance with Appendix A to the Protocol, for all products covered by this Appendix. 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 Hungary.9. The Community shall provide Hungary 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.10. Without prejudice to the provisions of paragraphs 1 to 9 above, Hungary and the Community shall continue consultations with a view to reaching a mutually acceptable solution enabling both Parties to benefit from the Protocol's provisions on outward processing traffic and so ensure the effective development of trade in textile products between Hungary and the Community.Annex to Appendix B OPT QUANTITATIVE LIMITS FOR HUNGARY(For practical reasons the product descriptions used in the Annex are given in abbreviated form) >POSIÇÃO NUMA TABELA>Appendix C referred to in Article 5 (3)COTTAGE INDUSTRY AND FOLKLORE PRODUCTS ORIGINATING IN HUNGARY1. The exemption provided for in Article 5 (3) in respect of cottage-industry products shall apply to the following types of product only:(a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made in the cottage industry of Hungary;(b) garments or other textile articles of a kind traditionally made in the cottage industry of Hungary obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore products of Hungary made by hand, as in the attached list agreed between the Community and
ADDITIONAL PROTOCOL to the Europe Agreement on trade in textile products between the European Economic Community and the Republic of HungaryTHE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF HUNGARY,of the other part,DESIRING to promote, with a view to permanent cooperation and in conditions providing the utmost security for trade, the mutual expansion and orderly and equitable development of trade in textile products between the European Economic Community (hereinafter the 'Community`) and the Republic of Hungary (hereinafter 'Hungary`),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, in particular in order to eliminate the real dangers of damage to both the Community and Hungarian markets for textile products,BEARING IN MIND the objectives of the Europe Agreement between the Community and Hungary signed in Brussels on 16 December 1991 and, in particular, those referred to in Article 1 thereof,HAVING REGARD to the Europe Agreement and in particular Article 15 thereof,HAVING REGARD to the Interim Agreement between the Community and Hungary signed in Brussels on 16 December 1991 and in particular to Article 9 thereof,HAVING REGARD to Protocol 1 on textile and clothing products to the Europe Agreement and to the Interim Agreement, and in particular to Article 3 thereof,HAVE DECIDED to conclude this Protocol and to this end have designated as their Plenipotentiaries:THE COUNCIL OF THE EUROPEAN COMMUNITIES:THE GOVERNMENT OF THE REPUBLIC OF HUNGARY:WHO HAVE AGREED AS FOLLOWS:Article 11. The further development of trade and industrial cooperation between the textile and clothing industries in the Community and in Hungary is an underlying principle of this Protocol which establishes the quantitative arrangements applicable to trade in textile and clothing products (hereinafter 'textile product`) originating in Hungary and in the Community, which are listed in Annex I A and I B to this Protocol.2. Under the terms of this Protocol, all quantitative restrictions and measures of equivalent effect on imports in both Parties on textile products originating in the other Party, shall be eliminated at the end of the period referred to in Agreed Minute No 5.3. Consultations will be held during the third year of application of this Protocol on the global situation and progress towards final liberalization.Article 21. The classification of the products covered by this Protocol and imported into the Community is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature` or, in abbreviated form, 'CN`) and any amendments thereof. The Hungarian customs tariff shall be applied to the classification of goods for imports into Hungary.2. The Parties agree that the introduction of changes, such as changes in practices, rules, procedures and categorization of textile products, including those changes relating to the Harmonized System and the combined nomenclature, in the implementation or administration of those restrictions applied under this Protocol, should not affect the balance of rights and obligations between the Parties under this Protocol; adversely affect the access available to a Party; impede the full utilization of such access; or disrupt trade under this Protocol. The Party initiating any such changes shall inform the other Party before their entry into force.The procedures for implementation of classification changes are set out in Appendix A.3. The origin of the products covered by this Protocol shall be determined in accordance with the rules of origin in force in the Community.Hungary shall be notified of any amendments to the said rules of origin.The procedures for checking the origin of the textile products are laid down in Appendix A.Article 31. Hungary hereby agrees for each of the years of the Protocol's application to restrain its exports to the Community of the products included in Annex II to the limits set out therein.2. The number and level of quantitative restrictions applied to direct imports of textile products, expressed in terms of Harmonized System ('HS`) codes, of Community origin into Hungary for each year of the Protocol's application are listed in Annex III to this Protocol.3. Unless it is otherwise provided for in this Protocol, Hungary and the Community hereby agree not to introduce new quantitative restrictions or measures of equivalent effect, on trade in textile products between the two Parties, and not to increase the number of existing ones as compared to those in force on 31 December 1992.4. Exports to the Community of textile products listed in Annex II and originating in Hungary shall be subject to a double-checking system as specified in Appendix A.Article 41. Hungary and the Community recognize the special and differential character of reimports of textile products into the Community after processing, manufacturing or working in Hungary as a specific form of industrial and trade cooperation.2. Save where it is otherwise provided for in Appendix B, such reimports into the Community shall not be subject to the quantitative limits of the products Community recognize the special and differential character of reimports of textile products into the Community after processing, manufacturing or working in Hungary as a specific form of industrial and trade cooperation.2. Save where it is otherwise provided for in Appendix B, such reimports into the Community shall not be subject to the quantitative limits of the products established in Annex II, provided that they are effected in accordance with the regulations on economic outward processing traffic in force in the Community and are eligible for the specific arrangements laid down in Appendix B to this Protocol.3. No restrictions apply to imports into Hungary of textile products of Community origin destined for re-export after having undergone inward processing operations in Hungary.Article 51. Imports into either of the Parties of textile products covered by this Protocol shall not be subject to the quantitative limits established in Annex II or Annex III, provided that they are declared to be for re-export from the importing Party in the same state or after processing, under the administrative system of control existing in the Parties.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 competent authorities, and to proof of origin in accordance with Appendix A.2. Where the competent authorities in one Party have evidence that imports of textile products have been set off against a quantitative limit established under this Protocol, but that the products have subsequently been re-exported from that Party, the authorities concerned shall inform the authorities of the other Party within four weeks of the quantities involved and shall authorize imports of the same quantities of identical category of product, which shall not be set off against the quantitative limit established under this Protocol for the current or following year, as appropriate.3. Exports of both Parties 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. However, exports of these products originating in Hungary must meet the conditions laid down in Appendix C to this Protocol.Article 61. In any year, advance use of a portion of the quantitative limit established in Annex II for the following year shall be authorized for each category of products up to 6 % of the quantitative limit for the current year.Amounts delivered in advance shall be deducted from the corresponding quantitative limit established for the following year.2. Carry-over to the corresponding quantitative limit for the following year of amounts not used during any given Protocol year shall be authorized up to 10 % of the quantitative limit for the current year for the quantitative limits established in Annex II.3. In the case of Group I, transfers shall be allowed only in the following cases:- amounts may be transferred from category 1 to categories 2 and 3, or from categories 2 and 3 to category 1 up to 7 % of the quantitative limit for the category to which the transfer is made,- amounts may be transferred between categories 2 and 3 up to 7 % of the quantiatative limits for the category to which the transfer is made,- the total quantities transferred to categories 2 and 3 in accordance with the first two indents of this paragraph may not exceed 7 % of the category to which the transfer is made,- amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 7 % of the quantitative limit for the category to which the transfer is made.Amounts may be transferred into any category in Groups II and III from any category 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 in paragraph 3 above is given in Annex I.5. The increase in any given category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 during a single year must not exceed the limits of 17 % for categories of products in Groups I, II and III.6. The authorities of the exporting Party must notify the other Party of any recourse to the provisions of paragraphs 1, 2 and 3, at least 15 days in advance.Article 71. Should one Party consider that imports of textile products not subject to quantitative limits, originating in the other Party and covered by this Protocol take place in such increased, absolute or relative, quantities and under such conditions, so as to threaten to cause:- injury to the importing Party's production of like or directly competitive products, or- where the economic interests of the importing Party so require,it may impose a prior or retrospective surveillance system on the category of products concerned for a period that it considers appropriate.2. The Party that is intended to introduce a surveillance system under paragraph 1 shall inform at least one working day in advance of its introduction the other Party, and consultations may be requested by either Party under Article 14 of this Protocol.3. Where a surveillance system is established under this Article by the Community, the relevant provisions on double-checking, classification and certification of origin laid down in Appendix A shall Avis juridique important|21992A1231(41)Protocolo adicional do Acordo Europeu sobre o Comércio de produtos têxteis entre a Comunidade Económica Europeia e a República da Hungria - Actas aprovadas - Notas verbais - Trocas de notas Tradução não oficial Jornal Oficial nº L 410 de 31/12/1992 p. 0391 - 0460 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` or 'duplicate`.2. The duplicate shall bear the date of the original export licence or certificate of origin.TITLE V PROVISIONS CONCERNING COMMUNITY EXPORTS TO HUNGARYArticle 17Should it be necessary, either Party may request consultations in accordance with Article 14 of the Protocol, in order to establish specific administrative provisions concerning Community exports to Hungary.Such provisions shall afford the same or equivalent degree of protection to Community exporters as is provided for Hungarian exporters under this Protocol.TITLE VI ADMINISTRATIVE COOPERATIONArticle 18The Community and Hungary shall cooperate fully in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.Article 19In order to ensure the correct application of this Appendix, the Community and Hungary offer mutual assistance for the checking of the authenticity and the veracity of export licences and certificates of origin issued or of any declarations made within the terms of this Appendix.Article 20Hungary shall transmit to the Commission of the European Communities the names and addresses of the authorities competent to issue and verify the export licences and the certificates of origin, together with specimens of the stamps used by these authorities and specimen signatures of officials responsible for signing the export licences.Article 211. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the 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 true origin of the products in question.2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the competent Hungarian authority, giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. 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 above shall also apply to subsequent verifications of the declarations of origin provided for in Article 2 of this Appendix.4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 above 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, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by this Protocol. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, 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 2 (1) of this Appendix.5. 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 at least three years by the competent Hungarian authorities.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 221. Where the verification procedure referred to in Article 21 or where information available to the competent authorities of te Community or of Hungary indicates or appears to indicate that the provisions of this Protocol are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.2. To this end, the competent authorities of Hungary shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Hungary shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods, to be determined.3. By agreement between the Community and Hungary, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Hungary shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of this Protocol. These exchanges may include information on the production of textiles products in Hungary and on the trade in the type of products covered by this Protocol between Hungary and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Hungary prior to their importation into the Community. This information may include at the request of the Community copies of all available relevant