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
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 PRODUCTS >REFERÊNCIA A UMA IMAGEN>PROTOCOL C The annual growth rate for the quantitative limits which may be introduced under Article 8 of the Agreement for the products covered by the Agreement shall be fixed by Agreement between the Parties in accordance with the consultation procedures established in Article 14 of the Agreement.Agreed Minute No 1 In the context of the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile and clothing products, initialled at Brussels on 23 July 1993, the Parties agreed that Article 8 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, Slovenia shall be informed in advance of the relevant provisions of Protocol A to the Agreement to be applied, as appropriate.For the Government of the Republic of SloveniaFor the Council of the European CommunitiesAgreed Minute No 2 Notwithstanding Article 11 (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 11 (3), Slovenia 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 Slovenia on the basis of export licences obtained before the date of formal notification to Slovenia by the Community about the introduction of the above limits.The Community shall inform Slovenia 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 Government of the Republic of SloveniaFor the Council of the European CommunitiesAgreed Minute No 3 In the context of the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile and clothing products, initialled at Brussels on 23 July 1993, the Parties agreed that Slovenia 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 Slovenia further agreed to hold consultations, should the need arise, in order to avert any problems which might occur in this respect.For the Government of the Republic of SloveniaFor the Council of the European CommunitiesAgreed Minute No 4 In the context of the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile and clothing products, initialled at Brussels on 23 July 1993, Slovenia agreed that, from the date of request for and pending the consultations referred to in Article 11 (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 Government of the Republic of SloveniaFor the Council of the European CommunitiesExchange of notes The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Ministry of Economic Relations and Development of the Republic of Slovenia and has the honour to refer to the Agreement on textile products between Slovenia and the Community initialled at Brussels on 23 July 1993.The Directorate-General wishes to inform the Ministry 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 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 Directorate-General for External Economic Relations would be grateful if the Ministry would confirm its agreement to the foregoing.The Directorate-General for External Economic Relations avails itself of this opportunity to renew to the Ministry of Economic Relations and Development of the Republic of Slovenia the assurance of its highest consideration.Exchange of notes The Ministry of Economic Relations and Development of the Republic of Slovenia presents its compliments to the Directorate-General for External Economic Relations of the Commission of the European Communities and has the honour to refer to the Agreement on textile products between Slovenia and the Community initialled at Brussels on 23 July 1993.The Ministry of Economic Relations and Development of the Republic of Slovenia wishes to confirm to 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 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 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 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 two years by the competent Slovenian 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 211. Where the verification procedure referred to in Article 20 or where information available to the competent authorities of the Community or of Slovenia indicates or appears to indicate that the provisions of this Agreement are being circumvented or infringed, the two Contracting 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 Slovenia 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. Slovenia 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 Slovenia, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.4. Pursuant to the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Slovenia shall exchange any information considered by either Contracting Party to be of use in preventing circumvention or infringement of the provisions of this Agreement. These exchanges may include information on the production of textile, products in Slovenia and on the trade in the type of products covered by this Agreement between Slovenia 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 Slovenia 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 Slovenia and the Community may agree to take the measures set out in Article 10 (4) of the Agreement, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement.Annex to Protocol A, Article 2 (1) CERTIFICATE OF ORIGIN >REFERÊNCIA A UMA IMAGEN>Annex to Protocol A, Article 7 (1): Model 1 EXPORT LICENCE FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITS >REFERÊNCIA A UMA IMAGEN>Annex to Protocol A, Article 7 (3): Model 2 EXPORT LICENCE FOR PRODUCTS SUBJECT NOT TO QUANTITATIVE LIMITS BUT DOUBLE-CHECKING >REFERÊNCIA A UMA IMAGEN>PROTOCOL B referred to in Article 5 Cottage industry and folklore products originating in Slovenia1. The exemption provided for in Article 5 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 Slovenia;(b) garments or other textile articles of a kind traditionally made in the cottage industry of Slovenia obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore products of Slovenia made by hand, in a list to be agreed between the Community and Slovenia.Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen attached to this Protocol and issued by the competent authorities in Slovenia. These certificates must indicate the reasons justifying their issuance. The competent authorities of the Community will accept them after having checked that the products concerned have fulfilled the conditions established in this Protocol. The certificates concerning the products envisaged in (c) above must bear a stamp 'FOLKLORE' marked clearly. In the case of a difference of opinion between the Parties concerning the nature of these products, consultations shall be held within one month in order to resolve these differences.Should imports of any product covered by this Protocol reach proportions liable to cause problems within the Community, consultations with Slovenia shall be initiated as soon as possible, with a view to resolving the situation by the adoption if necessary of a quantitative limit, in accordance with the procedure laid down in Article 14 of this Agreement.2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products covered by paragraph 1 of this Protocol.Annex to Protocol B CERTIFICATE OF COTTAGE INDUSTRY AND FOLKLORE PRODUCTS >REFERÊNCIA A UMA IMAGEN>PROTOCOL C The annual growth rate for the quantitative limits which may be introduced under Article 8 of the Agreement for the products covered by the Agreement shall be fixed by Agreement between the Parties in accordance with the consultation procedures established in Article