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
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 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 day's notice is given.The Mission of the Republic of Hungary to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations the assurance of its highest consideration. 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 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 Protocol.Products shipped before the date of the application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation within 60 days of that date.4. In case of divergent opinions between Hungary and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Protocol, classification shall provisionally be based on indications provided by importing parties, pending consultations in accordance with Article 14 with a view to reaching agreement on the classification concerned. In case no agreement can be reached, the classification of the goods is to be submitted to the Nomenclature Committee for a definitive classification in the combined nomenclature.TITLE II ORIGINArticle 21. Products originating in Hungary for export to the Community in accordance with the arrangements established by this Protocol shall be accompanied by a certificate of Hungarian origin conforming to the model annexed to this Protocol.2. However, products in Group III can be imported into the Community under the regime established by this Protocol on the presentation of a declaration of the exporter on the invoice or another commercial document, attesting that the products in question originate in Hungary in accordance with the relevant provisions in force in the Community.3. The certificate of origin referred to in paragraph 1 above is not required for the importation of goods covered by a movement certificate EUR 1 or a form EUR 2 issued in conformity with Protocol 4 of the Europe Agreement.Article 3The certificate of origin is issued to the exporter only on receipt of a written request from either him or his representatie. The competent authorities of Hungary are obliged to ensure that the certificates of origin are correctly filled out; to this end they shall call for any necessary document, any evidence or carry out any check which they consider appropriate.Article 4Where different criteria for determining origin are laid down for products falling within the same category, the certificates or declarations of origin must contain a sufficiently detailed description of the goods so as to enable the criterion to be determined, on the basis of which the certificate was issued or the declaration drawn up.Article 5The discovery of slight discrepancies between details on the cetificate of origin and those on the documents produced at the customs office when going through the import formalities for the goods, does not, ipso facto, cast doubt upon the statements in the certificate.TITLE III DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF PRODUCTS SUBJECT TO COMMUNITY QUANTITATIVE LIMITSSection I ExportationArticle 61. The competent authorities of Hungary shall issue an export licence in respect of all consignments from Hungary 31. 12. 92of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified under the provisions of this Protocol and of textile products subject to any quantitative limits or surveillance system established as a result of the application of Articles 7 and 8 of the Protocol.Article 71. The export licence shall conform to the model annexed to this Appendix and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Economic Community is applied. However, where the Community has made recourse to the provisions of Articles 7 and 8 in accordance with the provision of Agreed Minute No 1, or to Agreed Minute No 2, the textile products covered by the export licences can only be put into free circulation in the region(s) of the Community indicated in those licences.2. Each export licence must certify, inter alia, that the quantity of product in question has been set off against the quantitative limit established for the category of the product concerned and shall only cover one of the categories of products listed in Annex II to the Protocol. It is to be used for one or more consignments of the products in question.3. Where the conversion rate provided for in Annex II is applied, the following note must be inserted in box 9 of the export licence: 'Conversion rate for garments of a commercial size not exceeding 130 cm is to be applied`.Article 8The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already delivered.Article 91. Exports shall be set of against the quantitative limits established for the year in which the shipment of the goods has been effected even if the export licence is issued in accordance with this Protocol after such shipment.2. For the purpose of applying paragraph 1, shipment of the goods is considered to have taken place on the date of their loading onto the exporting aircraft, vehicle or vessel.Article 10The presentation of an export licence, in application of Article 12 hereafter, shall be effected not later than 31 March of the year following that in which the goods covered by the licence were shipped.Section II ImportationArticle 11Importation 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