shall also be applied as of the above date.The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Republic of Hungary to the European Communities the assurance of its highest consideration.Agreed Minute N° 3 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled in Brussels on 10 December 1992, the Parties agreed that Hungary 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 the Republic of Hungary further agree to hold consultations, should the need arise, in order to avert any problems which might occur in this repect.For the Government of the Republic of HungaryFor the Council of the European CommunitiesAgreed Minute N° 4 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled in Brussels on 10 December 1992, the Republic of Hungary agreed that, from the date of the request for and pending the consultations referred to in Article 12 (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 HungaryFor the Council of the European CommunitiesAgreed Minute N° 5 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled in Brussels on 10 December 1992, the Parties agreed that all references in the Protocol to the period of application of the Protocol or to the period at the end of which all quantitative restrictions shall be abolished, are understood to mean a five-year period starting from 1 January 1993 unless the Uruguay Round multilateral negotiations are concluded and their results enter into force in 1992. In this case the periods referred to above shall be equal to half the period for the integration of textile and clothing products into the GATT as decided in those negotiations, but it shall in any case not be shorter than five years starting from 1 January 1993.For the Government of the Republic of HungaryFor the Council of the European CommunitiesAgreed Minute N° 6 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled in Brussels on 10 December 1992, the Parties agreed that carry-over to the corresponding quantitative limit for 1993 of amounts not used during 1992 under the Agreement on trade in textile products initialled in Brussels on 11 July 1986, as amended by the Protocol initialled on 24 September 1991, is authorized up to 9 % of the corresponding quantitative limits for 1992.For the Government of the Republic of HungaryFor the Council of the European CommunitiesAgreed Minute N° 7 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled on 10 December 1992, the Parties agreed that Hungary would furnish the Community with fifteen copies containing photographs of the products listed in the Annex to Appendix C of the Protocol, for identification and verification purposes.For the Government of the Republic of HungaryFor the Council of the European CommunitiesDeclaration of the Community The Community declares that the implementation by Hungary of the Community combined nomenclature, for classification purposes, shall be an issue taken into account during the consultations foreseen in Article 1 (3) of the Protocol.Exchange of Notes The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Republic of Hungary to the European Communities and has the honour to refer to the Protocol on textile products between the Republic of Hungary and the Community initialled on 10 December 1992.The Directorate-General wishes to inform the Mission of the Republic of Hungary that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Protocol, the Community is prepared to allow the provisions of the Protocol to apply de facto from 1 January 1993. This is on the understanding that either party may at any time terminate this de facto application of the Protocol provided that 120 days' notice is given.The Directorate-General for External Relations would be grateful if the Mission would confirm its agreement to the foregoing.The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Republic of Hungary to the European Communities the assurance of its highest consideration.Exchange of Notes The Mission of the Republic of Hungary to the European Communities presents its compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Director General's Note of . . . regarding the Protocol on textile products between the Republic of Hungary and the Community initialled on 10 December 1992.The Mission of the Republic of Hungary 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 Protocol, the Government of the Republic of Hungary is prepared to allow the provisions of the Protocol to apply de facto from 1
into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.Article 121. The competent authorities of the Community shall issue the import authorization or document referred to in Article 11 above, automatically within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence.2. The import authorizations 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 7 and 8 in accordance with the provisions of Agreed Minute N° 1, or to Agreed Minute N° 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 competent authorities of the Community shall cancel the authorization or import document 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 Hungary for a particular category in any year exceed the quantitative limit established for that category established in Annex II for that category as may be modified in accordance with the provisions of this Protocol, or any quantitative limit established in accordance with Article 8 of this Protocol, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent authorities of the Community shall immediately inform the authorities of Hungary and the special consultation procedure set out in Article 14 of this Protocol shall be initiated forthwith.2. Exports of products of Hungarian origin subject to quantitative limits or a surveillance system not covered by Hungarian export licences issued in accordance with the 31. 12. 92provisions of this Appendix may be refused an import authorization or document by the competent Community authorities.However, 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 in Annex II, or established by virtue of Article 8 of the Protocol, without the express agreement of the competent authorities of Hungary, save as provided for in Article 11 of the Protocol.TITLE IV FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITYArticle 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 block capitals.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 te original, shall be printed with the guilloche pattern background. This copy shall be clearly marked as 'original` and the other copies as 'copies`. Only the original shall be accepted by the competent authorities of the Community as being valid for the control of export to the Community in accordance with the provisions of this Protocol.2. Each document shall bear a standardized serial number, whether or not printed, by which it can be identified.This number shall be composed of the following elements:- two letters identifying the exporting country as follows: HU,- two letters identifying intended member State of customs clearance as follows:BL = Benelux,DE = Federal Republic of Germany,DK = Denmark,EL = Greece,ES = Spain,FR = France,GB = United Kingdom,IE = Ireland,IT = Italy,PT = Portugal,- a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 7 for 1997,- a two-digit number from 01 to 99, indentifying the particular issuing office concerned in exporting country,- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.Article 15The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement 'délivré a posteriori` or the endorsement 'issued retrospectively`.Article 161. In the event of theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent governmental authority which issued the document for 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 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 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 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 be applied by Hungary, as appropriate.Article 81. Exports of textile products to either Party which are not subject to quantitative limits, may be made subject to quantitative limits in accordance with the following paragraphs.2. Should one Party consider that imports of textile products originating in the other Party and covered by this Protocol take place in such increased quantities, or under such conditions, so as to cause serious damage or actual threat thereof, to the importing Party's production of like or directly competitive products, it may request consultations under Article 14 of this Protocol with a view to reaching agreement on an appropriate quantitative limit for the textile category in question.The quantitative limits agreed upon may in no case be lower than 110 % of the level of the importing Party's imports during the 12-month period terminating two months, or, where data is not available, three months, preceding the month in which the request for consultation is made, of products in that category originating in the other Party.3. In critical circumstances where delay would cause damage difficult to repair, action may be taken provisionally by the importing Party on the condition that the request for consultations shall be effected immediately afterwards. This action shall take the form of a quantitative restraint on Hungarian exports to, or imports from, the Community, for a provisional three-month period starting from the date of the request. Such a provisional limit shall be set at 25 %, at least, of the level of imports or exports during the 12-month period terminating two months, or, where data is not available, three months, preceding the month in which the request for consultation is made.4. Should the consultations not lead to an agreed solution within one month then the provisional restraint referred to in paragraph 3 can be either renewed for a further three-month period pending further consultations, or made definitive at an annual level not lower than 100 % of the imports for the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultation is made.5. Where paragraphs 2, 3 or 4 are applied, either Party shall authorize imports belonging to the textile category of products in question, which were shipped from the other Party before the submission of the request for consultation.Where paragraphs 2, 3 or 4 are applied, the Party concerned undertakes to issue export or import licences for products covered by contracts effectively concluded before the introduction of the quantitative limit, but up to the volume of the quantitative limit fixed.6. The duration of the measure and the annual growth rates to be applied to any quantitative limit introduced under this Article shall be decided when introducing the measure.7. The provisions of this Protocol which concern exports of products subject to the quantitative limits established in Annex II or Annex III shall also apply to products for which quantitative limits are introduced under this Article.8. Measures invoked pursuant to the provisions of this Article can in no case remain in force after the period for the elimination of all quantitative restrictions, and measures of equivalent effect, laid down in this Protocol, has elapsed.Article 91. Nothing in this Protocol prevents a Party from unilaterally removing a quantitative limitation or increasing the level of access under a limitation, should the conditions in its market so permit.Article 101. Hungary undertakes to supply the Community with precise statistical information on all export and import licences issued by the Hungarian authorities for all categories of textile products subject to the quantitative limits established under this Protocol, and on all certificates issued by the Hungarian authorities for all products referred to in Article 5 (3) which are covered by the provisions of Appendix C to this Protocol.The Community shall similarly transmit to the Hungarian authorities precise statistical information on import authorizations issued by the Community authorities in connection with the export licences and the certificates issued by Hungary.2. For all categories of products, the information referred to in paragraph 1 shall be transmitted by the end of the month following the month to which the statistics relate as regards Hungarian export licences, and by the end of the second month as regards Hungarian import licences.3. The Parties undertake to provide each other's authorities, by 15 April of each calendar year, with the preceding year's statistics on imports of all textile products covered by this Protocol.Either Party shall, at the other Party's request, transmit available statistical information on all exports of textile products covered by this Protocol.The Parties shall transmit to each other's authorities statistical information on the products covered by Article 5 (1).4. For all categories of products the information referred to in paragraph 3 above shall be transmitted by the end of the third month following the quarter of the year to which the statistics relate.5. Should it be found, on analysis of the information exchanged, that there are significant discrepancies in the statistics between the returns for exports and those for