the Community or to the regions of the Community market specified by the Community.4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 16 of the Agreement, 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 referred to in Article 16 (1), 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 limits introduced under paragraph 2 or paragraph 4 may in no case be lower than the level of imports of products in that category originating in the Republic of Korea in 1986.6. Quantitative limits may also be established by the Community on a regional basis in accordance with the provisions of Protocol C.7. The annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol D.8. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as aresult of fall in total imports into the Community, and not as a result of an increase in exports or products originating in the Republic of Korea.9. In the event of the provisions of paragraph 2, 3 or 4 being applied, the Republic of Korea undertakes to issueexport licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed.10. 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.11. The provisions of this Agreement which concern exports of products subject to the quantitative limits established in Annex II shall also apply to products for which quantitative limits are introduced under this Article.Article 91. The Republic of Korea undertakes to supply the Community with precise statistical information on all export licences issued by the Korean authorities for all categories of textile products subject to the quantitative limits established under this Agreement as well as on all certificates issued by the Korean authorities for all products referred to in Article 5 and subject to the provisions of Protocol B. The Community shall likewise transmit to the Korean authorities precise statistical information on import authorizations or documents issued by the Community authorities in respect of export licences and certificates issued by the Republic of Korea.2. The information referred to in paragraph 1 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate.3. The Republic of Korea also undertakes to supply the Community with available statistical information on all textile exports by country of destination.The Community shall supply the Korean authorities with import statistics for all products covered by the system of administrative control referred to in Article 8 (2) and for products covered by Article 6 (1).4. The information referred to in paragraph 3 shall, for all categories of products, be transmitted before the end of the third month following the quarter to which the statistics relate.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 16.6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Korean 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. Should there be divergent opinions between the Republic of Korea and the competent Community authorities at the point of entry into the Community on the classification of products covered by this Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 16 with a view to reaching agreement on definitive classification of the product concerned.2. If the above provisional classification results in provisional debit against a quantitative limit for a category of products other than the category indicated on the export documents issued by the competent Korean authorities, the Community shall inform the Republic of Korea of such provisional debit within 30 days.3. The authorities of the Republic of Korea shall be informed of any amendment to the tariff and statistical nomenclatures in force in the Community or any decision, made in accordance with the procedures in force in the Community, relating to the classification of products covered by this Agreement.Any amendment to the tariff and statistical nomenclatures in force in the Community or any decision which results in a modification of the classification of products covered by this Agreement shall not have the effect of reducing any quantitative limit established
of cottage industry products shall apply only to the following products:(a) fabrics woven on hand- or foot-operated looms, being fabrics of a kind traditionally made in the cottage industry of the Republic of Korea;(b) garments or other textile articles of a kind traditionally made in the cottage industry of the Republic of Korea obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore textile products of the Republic of Korea made by hand in the cottage industry of the Republic of Korea as defined in a list to be agreed between both Parties, and Korean items as listed in paragraph (f) below;(d) tackwondo suits being hand-sewn, specialist sportwear garments, whose characteristics include looseness of fit and the absence of any other than tie fastenings;(e) fabrics, not exceeding 24×48 inches in size, containing hand-embroidered or hand-painted Korean scenes and used primarily as decorations or art objects;(f) traditional Korean items as listed below:Woman's JogoriA traditional Korean short blouse for women extending to just below the bust with a tight bodice and long loose sleeves whose width at the elbow is greater than at the armhole and at the wrist. It has a V-shaped neck with a white fixed collar, about 1,5 to 2,5 cm wide and a full-length front opening from the bottom of the V-shaped neck opening. The Jogori has no buttons, but sometimes has fixed ties for closure of front opening. The garment is lined.ChimaA traditional Korean long skirt for everyday wear. It is loose fitting and extends from above the bust to the ground or ankle. It has a full-length side opening without buttons and extends above the bust without shoulder straps.It has a pleated breast band and two fixed fastening ties about 2 to 3 cm wide, made of the same fabric as the breast band and attached at either side of the vertical opening. The garment is lined. The Chima has no pockets.DurumagiA traditional Korean woman's dress for everyday wear. It is an ankle length, ample, formless garment with long and very wide sleeves which are wider at the elbow than at the armhole and at the wrist. It has a V-shaped neck with a fixed about 1,5 to 2,5 cm wide collar, made of a fabric different from the fabric of the dress itself and always white. The Durumagi has a full length front opening, without buttons. For closure of the dress it has two about 5 to 7 cm wide ties fixed to the outside just below the neck, on either side of the front opening. These ties are made of the same fabric as the dress and they are so long that they reach the bottom of the dress, one being slightly longer than the other. The Durumagi may have two inset side pockets at waist level. The dress is fully lined with a fabric different from the outside fabric.Man's JogoriThis is a short traditional Korean man's jacket for everyday wear. It is loose fitting, has a central front opening and long, loose sleeves which are wider in diameter at the elbow than at the armhole and at the wrist. It has a V-shaped neck with an about 1,5 to 2,5 cm wide, white collar of a fabric different from that of the garment. It has two attached ties for fastening it. These are about 5 to 7 cm wide, made of the same material as the jacket and fixed on either side of the front opening just below the V-shaped collar. The Jogori has no pockets and is always fully lined with a fabric different from the outside fabric.BajeeTraditional Korean men's long trousers. They are very loose, the width of the legs being smalled at the ankle and gradually increasing upward. The Bajee have a waistband approximately 20 cm wide. They have no front or side openings and no pockets. The trousers are fully lined with a fabric different from the outside fabric. The space between the outer fabric and the lining may be filled with cotton. The Bajee have no buttons.MagojaThis is a traditional Korean man's jacket for elegant use. It is approximately waist length, loose fitting, has a V-shaped neck opening without a collar, a central front opening the entire length of the jacket fastened by one or two buttons both placed immediately below the bottom of the V-shaped opening. It has no pockets and no buttons, whether on the sleeves or elsewhere, other than those already mentioned. It is lined with a fabric different from the main fabric.JokiThis is a traditional Korean man's waistcoat. It is sleeveless with a collarless V-shaped neck opening. The front opens from the neck to the bottom of the waistcoat. It has four to six buttons, and an outside front pocket on each side; these pockets have neither flaps nor buttons. is a traditional Korean man's waistcoat. It is sleeveless with a collarless V-shaped neck opening. The front opens from the neck to the bottom of the waistcoat. It has four to six buttons, and an outside front pocket on each side; these pockets have neither flaps nor buttons. It is lined with a fabric different from the outside fabric.2. Exemption shall be granted only for products accompanied by a certificate issued by the competent Korean authorities in accordance with the specimen annexed to this Protocol. Such certificates shall state the ground on which exemption is based and shall be accepted by the competent Community authorities provided that they are satisfied that the products concerned conform to the conditions set out in this Protocol. Certificates covering the products referred to in paragraph (c) above shall bear a conspicuous stamp: 'FOLKLORE'. In case of divergent opinion between Korea and the competent Community authorities at the point of entry into the Community as to the nature of such products, consultations shall be held within one month with a view to resolving such divergences. Should imports of any of the above products reach such proportions as to cause difficulties to the Community, the two Parties shall open consultations forthwith in accordance with the procedure laid down in Article 16 of the Agreement with a view to finding a quantitative solution to the problem.3. The provisions of Title IV and V of Protocol A shall apply mutatis mutandis to the products referred to in paragraph 1 of this Protocol.>INÍCIO DE GRÁFICO>>FIM DE GRÁFICO>PROTOCOL C Under Article 8 (6) of the Agreement, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community in relation to the amounts determined in accordance with paragraph 2 of the said Article 8 exceed the following regional percentage:Germany // 25,5 %Benelux // 9,5 %France // 16,5 %Italy // 13,5 %Denmark // 2,7 %Ireland // 0,8 %United Kingdom // 21,0 %Greece // 1,5 %Spain // 7,5 %Portugal // 1,5 %PROTOCOL D The annual growth rate for the quantitative limits introduced under Article 8 of the Agreement shall be determined as follows: For products in categories falling within Group I, II, III, the growth rate shall be fixed by Agreement between the Parties in accordance with the consultation procedure established in Article 16 of the Agreement. Such growth rate may in no case be lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of the Republic of Korea.Agreed Minute With reference to Article 14 (3) of the Agreement on trade in textiles between the European Economic Community and the Republic of Korea, initialled on 7 August 1986, it is understood that the percentage for the fifth year of the application of the Agreement will be at least equal to the percentage applicable in the fourth year.Head of Delegation of the Republic of KoreaHead of Delegation of the European Economic CommunityAgreed Minute In the context of the Agreement between the Community and the Republic of Korea on trade in textile products initialled on 7 August 1986 it was agreed that advance use of a portion of the quantitative limits for 1987 for each Group I category of products is authorized up to 2 % and for each Group II and III category of products up to 3 % of the corresponding quantitative limit for 1986.It was further agreed that carryover to the quantitative limits for the year 1987 for each Group I category of products is authorized up to 3 % and for each Groups II and III categories of products up to 4 % of the corresponding quantitative limit for 1987.Head of Delegation of the Republic of KoreaHead of Delegation of the European Economic CommunityExchange of Notes The Mission of the Republic of Korea 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 Agreement on trade in textile products between the Republic of Korea and the Community initialled on 7 August 1986.The Mission wishes to inform 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 Korea is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1987 if the Community is disposed to do likewise.The Mission would be grateful if the Community would confirm its agreement to the foregoing.The Mission of the Republic of Korea to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations of the Commission of the European Communities the assurance of its highest consideration.Exchange of Notes The Directorate-General for External Relations of the Commission of presentation of an export licence, in application of Article 12, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.Section IIImportationArticle 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 Community authorities shall issue such import authorization or document automatically within fiveworking days of the presentation by the importer of the original of the corresponding export licence.The import authorization or document shall be valid for six months.2. The competent Community authorities shall cancel the already issued import authorization or document if the corresponding export licence has been withdrawn.However, if the competent Community authorities have not been notified about the withdrawal or cancellation of the export licence until after the products have been imported into the Community, the quantities involved shall be set off against the quantitative limit for the category and the quota year in question.Article 131. If the competent Community authorities find that the total quantities covered by export licences issued by the Republic of Korea for a particular category in any Agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 7, 13 and 14 of the Agreement, or any definitive or provisional limit established under Article 8 of the Agreement, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent Community authorities shall immediately inform the authorities of the Republic of Korea and the special consultation procedure set out in Article 16 of the Agreement shall be initiated forthwith.2. Exports of Korean origin not covered by Korean export licences issued in accordance with the provisions of this Protocol may be refused the issue of import authorizations or documents by the competent Community authorities.However, if the import of such products is allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Article 8 of the Agreement, without the express agreement of the Republic of Korea save as provided for in Article 11 of the Agreement.TITLE IVFORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONSArticle 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 must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m$. Eachpart shall have a printed guilloche-pattern background making any falsification by mechanical or chemical means apparent to the eye.If the documents have several copies only the top copy which is the original shall be printed with the guilloche-pattern background. This copy shall be clearly marked as 'original' and the other copies as 'copy'. Only the original shall be accepted by the competent authorities in the Community as being valid for the purposes of export to the Community in accordance with the arrangements established by this Agreement.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 Republic of Korea as follows: KR,-two letters identifying the country of destination as follows:BL = BeneluxDE = GermanyDK = DenmarkES = SpainFR = FranceGB = United KingdomGR = GreeceIE = IrelandIT = ItalyPT = Portugal-a one-digit number identifying quota year, corresponding to the last figure in year, e.g. 7 for 1987,-a two-digit number running consecutively from 01 to 99 identifying the issuing office,-a five-digit number running consecutively from 00001 to 99999 allocated to the country of destination.Article 15The export licence and certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either 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'.2. The duplicate must bear the date of the original export licence or certificate of origin.TITLE VADMINISTRATIVE COOPERATIONArticle 17The Community and the Republic of Korea shall cooperate closely to implement the provisions of this Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both Parties.Article 18In order to ensure the proper application of this Agreement, the Community and the Republic of Korea shall assist each other in checking the authenticity and a description of the products concerned;(b) the relevant category and the related tariff and statistical references;(c) the reasons which have led to the decision.3. Where a decision on classification results in a change of classification practice or a change of category of any product subject to the Agreement, the competent authorities of the Community shall provide 30 day's notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date.4. Where a Community decision on classification resulting in a change of classification practice or a change of categorization of any product subject to the Agreement affects a category subject to restraint, the two Parties agree to enter into consultations in accordance with the procedures described in Article 16 (1) of the Agreement with a view to honouring the obligation under the second subparagraph of Article 10 (3) of the Agreement.TITLE IIORIGINArticle 21. Products originating in the Republic of Korea for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Korean origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be issued by the competent governmental authorities of the Republic of Korea if the products in question can be considered productsoriginating in that country within the meaning of the relevant rules in force in the Community.3. However, the products in Group III may be imported into the Community in accordance with the arrangements established by this Agreement on production of a declaration by the exporter on the invoice or other commercial document relating to the products to the effect that the products in question originate in the Republic of Korea within the meaning of the relevant rules in force in the Community.4. The certificate of origin referred to in paragraph 1 shall not be required for import of goods covered by a certificate of origin Form A or Form APR completed in accordance with the relevant Community rules in order to qualify for generalized tariff preferences.Article 3The certificate of origin shall be issued only on application by the exporter or, under the exporter's responsibility, by his authorized representative. The competent governmental authorities of the Republic of Korea shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary 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, certificates or declarations of origin shall contain a sufficiently detailed description of the goods 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 the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the product shall not ipso facto cast doubt upon the statements in the certificate.TITLE IIIDOUBLE CHECKING SYSTEM FOR CATEGORIES OF PRODUCTS WITH QUANTITATIVE LIMITSSection IExportationArticle 6The competent authorities of the Republic of Korea shall issue an export licence in respect of all consignments from theRepublic of Korea of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Articles 7, 13 and 14 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Article 8 of the Agreement.Article 71. The export licence shall conform to the model annexed to this Protocol. It must certify inter alia that the quantity of the product in question has been set off against the quantitative limit prescribed for the category of the product in question.2. Each export licence shall only cover one of the categories of products listed in Annex II of this Agreement. It may 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 Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued.Article 91. Exports shall be set off against the quantitative limits established for the year in which shipment of the goods has been effected, even if the export licence is issued 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 on to the exporting aircraft, vehicle or vessel.Article 10The presentation of an export licence, in application of Article 12, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.Section IIImportationArticle 11Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an