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shall cancel the authorization or import document already issued whenever the corresponding export licence has been withdrawn.However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation of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
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. 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 the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.2. If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the application of this Protocol. Any consultations held under this Article shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.Article 151. This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. This Protocol shall apply with effect from 1 January 1993. It shall expire at the end of the period referred to in Agreed Minute N° 5.2. Either Party may at any time propose consultations in accordance with Article 14, with a view to agreeing amendments to this Protocol.3. Either Party may, at any time, denounce this Protocol by notifying the other Party. This Protocol shall cease to apply six months after the date of such notification and the quantitative limits established under this Protocol shall be reduced proportionately.4. The Annexes, Appendices, Agreed Minutes and joint memoranda attached to this Protocol shall form an integral part thereof.5. This Protocol shall form a integral part of the Europe Agreement between the Community and Hungary, signed on 16 December 1991 and of the Interim Agreement signed between the Parties on the same date.Article 16This Protocol shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Hungarian languages, each of those texts being equally authentic.ANNEX I A PRODUCTS REFERRED TO IN ARTICLE 1 (1) 1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres.2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.3. Where the expression 'babies` garments' is used, this is meant to cover garments up to and including commercial size 86.>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>ANNEX I B Products referred to in Article 1 (1) >POSIÇÃO NUMA TABELA>ANNEX II COMMUNITY QUANTITATIVE LIMITS FOR HUNGARY (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)>POSIÇÃO NUMA TABELA>ANNEX III HUNGARIAN CEILINGS ON COMMUNITY EXPORTSPART 1 (The full product descriptions are to be found in Annex III, Part 2, to the Protocol)COMMUNITY CEILINGS WITHIN THE HUNGARIAN GLOBAL QUOTAAmounts are given in millions of US dollars >POSIÇÃO NUMA TABELA>PART 2 (List of products to annex III Part 1) >POSIÇÃO NUMA TABELA>Appendix A TITLE I CLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Hungary of any changes in the combined nomenclature (CN) before the date of their entry into force in the Community.2. The competent authorities of the Community shall inform the competent authorities of Hungary of any decisions relating to he classification of products subject to the present Protocol, within one month of their adoption at the latest. Such communication shall include:(a) a description of the products concerned;(b) the relevant category, related CN codes;(c) the reasons which have led to the decision.3. Where a classification decision results in a change of classification practice or a change in category of any product subject to the present Protocol, the affected products shall follow the trade regime applicable to the practice or category they fall into after such change, as provided for in this Protocol. Any such decision shall enter into force 30 days after it has been notified to the other Party.The Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 14 of the Protocol with a view to honouring the obligation under Article 2 (2) of the 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 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