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 a result of fall in total imports into the Community, and not as a result of an increase in exports or products originating in Pakistan.9. In the event of the provisions of paragraph 2, 3 or 4 being applied, Pakistan undertakes to issue export licencesfor 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. Pakistan undertakes to supply the Community with precise statistical information on all export licences issued by the Pakistani 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 Pakistani authorities for all products referred to in Article 5 and subject to the provisions of Protocol B.The Community shall likewise transmit to the Pakistani authorities precise statistical information on import authorizations or documents issued by the Community authorities in respect of export licences and certificates issued by Pakistan.2. The information referred to in paragraph 1 shall, for all categories of products, be forwarded before the end of the second month following the quarter to which the statistics relate.3. Pakistan also undertakes to supply the Community with available statistical information on all textile exports by country of destination.The Community shall forward to the Pakistani authorities 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 forwarded 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 Pakistani 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 Pakistan 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. The authorities of Pakistan 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 in Annex II.The procedures for the application of this paragraph are set out in Protocol A.Article 111. Pakistan and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, rerouting or whatever other means.2. Where information available to the Community as a result of the investigations carried out in accordance with the procedures set out in Protocol A constitutes evidence that products of Pakistani origin subject to quantitative limits established under this Agreement have been transhipped, rerouted or otherwise imported into the Community in circumvention of this Agreement, the Community may request the opening of consultations in accordance with the procedures described in Article 16 of this Agreement, with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under the Agreement.3. Pending the result of the consultations referred to in paragraph 2, Pakistan shall as a precautionary measure, if so requested by the Community, make the necessary arrangements to ensure that adjustments of quantitative limits liable to be agreed following the consultations referred to in paragraph 2, may be carried out for the quota year in which the request to open consultations in accordance with paragraph 2 was made, or for the following year if the quota for the current year is exhausted, where clear evidence of circumvention is provided.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, theCommunity shall have the right, where clear evidence of circumvention has been provided, to deduct from the quantitative limits established under this Agreement amounts equivalent to the products of Pakistani
Avis juridique important|21987A0905(01)Acordo entre a Comunidade Económica Europeia e a República Islâmica do Paquistão sobre o comércio de Produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Protocolo D - Protocolo E - Actas aprovadas - Trocas de notas Tradução não oficial Jornal Oficial nº L 255 de 05/09/1987 p. 0002 - 0041 L 352 15/12/1990 P. 0075 about four feet or more long and three feet or more wide of thin cotton fabric with colourful design worn by women to cover the head. 2.GHILAFEmbroidered decorative tubular case open at both ends with drawstring enclosures. 3.IZARBANDCotton belt in multicoloured continuous lengths of unwoven threads. 4.SHISHA EMBROIDERED BALUCHI SHIRT OR DRESSTraditional mirror embroidery on plain, printed or striped material, worn by the people of Sindh and Baluchistan. Short, medium or long according to the areas from which they come. 5.CIMMARBANDAntique and embroidered wide belts worn around the waist, with heavy mirrored embroidery. 6.QUETTA JACKETSLoose vest worn over kurta by men and women. Made either of printed material or of embroidered material with mirror on plain colours. 7.AJRAK KAFTAN (maxi)Traditional Sindhi printed dress of ankle length (blue and red prints), worn by women in the Sindh region. Ajrak short dress/shirts are also worn by men in this area. 8.PUSHTOON STAR KHATCotton printed, dyed or plain long dress, ankle length with extra wide or simple sleeves. Women of North-West Frontier Province wear this dress. 9.BURQALoose tunic or dress with hood attached, worn by ladies when going out of the house. Worn as an outer covering and often gaily embroidered or handprinted.10.MULTANI CHOLIShort bodice with or without sleeves.11.EMBROIDERED KURTA-SHIRTType of shirt or loose tunic worn throughout Pakistan over loose trousers. Embroidered in different colours. Adapted from Angarkha by King Ahmad Shah Abdali. Worn short or long; triangular inserts at the armpits.12.SINDHI KAMEEZ (shirt)Cotton, plain dyed and printed shirt with extra wide sleeves (long) worn with shalwar by women in Sindh.13.PESHAWARI WAISTCOATSmall jacket type of dress worn over kameez (shirt) by the women and men in the North-West Frontier Province. Heavily embroidered with or without mirror and golden embroidery.14.MOHENJODARO JULABA/SINDHI SHIRTShort or full-length printed dress worn with shalwar (trousers), mostly by men and women in the qreqs of Mohenjodaro valley.15.MULTANI KURTA SHIRTCrocheted worked short or long tunic worn by the peasants in Punjab. Crocheted work located at the neck and front; triangular inserts at the armpits.16.RILLI KURTA SHIRTKurta (shirt) of heavy fabric patchworked decorations appliqued by hand, worn by women of Sindh.17.SINDHI JULABAVery loose ankle-length dress in handloom or hand-blocked material with a hook attached at lower part. Extending to lowest hem. Worn in the villages of Sindh. Can also be embroidered.18.BATWADrawstring pouches, bags, purses or a string bag. Gaily printed or hand-embroidered or with mirrors or made with coloured strings.19.SWATI SMOCKING DRESSLarge and short dress with or without sleeves (maroon colour), worn with smocking by the ladies of Swat and other areas of North West Frontier Province.20.BALUCHI KAMEEZ (shirt)Embroidered top worn by the women of Baluchistan over shalwar or Turkish trousers. Flared tunic with extra wide sleeves tapering to a buttoned cuff.21.COTTON EMBROIDERED KAFTANKaftan in the traditional embroidery of Multan, Makran, Dera Ghazi Khan and Nuchki - long, loose-fitting dress with embroidery around top and bottom with side slits of about 28 inches to the lower hem.22.GHAGRAAnkle-length, loose-fitting skirt with drawstring around the waist or hooks, worn with either a fitted or loose chooli (blouse), with traditional colours embroidered or hand-printed. Worn in the Tharparker area of Sindh.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 AGREEMENTbetween the European Economic Community and the Republic of Pakistan on trade in textile productsDone at Brussels on 12 September 1986THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF PAKISTAN,of the other part,DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as 'the Community') and the Islamic Republic of Pakistan ('hereinafter referred to as 'Pakistan'),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, and in particular, to eliminate real risks of market disruption on the market of the Community and real risks of disruption to the textile trade of Pakistan,HAVING REGARD to the Arrangement regarding International Trade in Textiles (hereinafter referred to as 'the Geneva Arrangement'), and in particular Article 4 thereof and to the conditions set out in the Protocol extending the Arrangement,HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:THE COUNCIL OF THE EUROPEAN COMMUNITIES:THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN:WHO HAVE AGREED AS FOLLOWS:SECTION ITrade arrangementsArticle 11. The Parties recognize and confirm that, subject to the provisions of this Agreement and without prejudice to their rights and obligations under the General Agreement on Tariffs and Trade, the conduct of their mutual trade in textile products shall be governed by the provisions of the Geneva Arrangement.2. In respect of the products covered by this Agreement, the Community undertakes not to introduce quantitative restrictions under Article XIX of the General Agreement on Tariffs and Trade or Article 3 of the Geneva Arrangement.3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products covered by this Agreement shall be prohibited.Article 21. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres originating in Pakistan which are listed in Annex I.2. The classification of the products covered by this Agreement is based on the Nomenclature of the Common Customs Tariff and on the Nomenclature of Goods for the External Trade Statistics of the Community and the Statistics of Trade between Member States (NIMEXE).From the entry into force of the International Convention on the Harmonised Commodity Description and Coding System (HS) this classification will be based on the Harmonized System and on the Community nomenclatures derived from that system.3. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community.Any amendment to these rules of origin shall be communicated to Pakistan and shall not have the effect of reducing any quantitative limit established in Annex II.The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 3Pakistan agrees for each Agreement year to restrain its exports to the Community of the products described in Annex II to the limits set out therein.Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.Article 4Pakistan and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in Pakistan.Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits set out in Annex II when they are subject to the arrangements laid down in Protocol E.Article 5Exports of cottage industry fabrics woven on hand- or foot-operated looms, garments or other articles obtained manually from such fabrics and traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products meet the conditions laid down in Protocol B.Article 61. Imports into the Community of textile products covered by this Agreement shall not be subject to the quantitative limits established in Annex II, provided that they are declared to be for re-export outside the Community in the same state or after processing, within the framework of the administrative system of control which exists within the Community.However, the release for home use of products imported under the conditions referred to above shall be subject to the production of an export licence issued by the Pakistani authorities, and to proof of origin in accordance with the provisions of Protocol A.2. Where the Community authorities have evidence that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported outside the Community, the authorities concerned shall inform the Pakistani authorities within four weeks of the quantities involved and authorize imports of identical quantities of the same products, which shall not be set off 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, theCommunity shall have the right, where clear evidence of circumvention has been provided, to deduct from the quantitative limits established under this Agreement amounts equivalent to the products of Pakistani origin.Article 121. Pakistan shall endeavour to ensure that exports of textile products subject to quantitative limits are spaced out as evenly as possible over an Agreement year, due account being taken, in particular, of seasonal factors.2. Should there be an excessive concentration of imports on any product within a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 16 of this Agreement with a view to remedying this situation.Article 13Should recourse be had to the denunciation provisions of Article 18 (4), the quantitative limits established in Annex II shall be adapted on a pro rata basis.Article 141. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down by the Community into shares for each of its Member States.2. Portions of the quantitative limits established in Annex II not used in one Member State of the Community may be reallocated to another Member State in accordance with the procedures in force in the Community.The Community undertakes to examine with care and reply within four weeks to any request made for reallocation by Pakistan. In the event of agreement on such reallocation, the flexibility provisions set out in Article 7 shall continue to be applicable to the levels of the original allocation.If, in the course of the application of this Agreement, Pakistan finds that the break-down of a limit established in Annex II causes particular difficulties, it may request the opening of consultations in accordance with Article 16 with a view to reaching a mutually satisfactory solution.3. After the first of June of each year of application of the Agreement, Pakistan may transfer, subject to prior notification to the Community, the unused quantities of the regional quota-shares of a Community quantitative limit, set out in Annex II, to the quota-shares of the same limit of other regions of the Community provided that the regional quota-share from which the transfer is made is utilized by less than 80 %, and up to the amount of the followingpercentages of the quota-share to which the transfer is made:- 2 % in the first year of the application of the Agreement,- 4 % in the second year of the application of the Agreement,- 8 % in the third year of the application of the Agreement,- 12 % in the fourth year of the application of the Agreement.The percentage in the fifth year of the application of the Agreement shall be determined following consultation between the Parties.4. Should it appear in any given region of the Community that additional supplies are required, the Community may, where measures taken pursuant to paragraph 1 are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.Article 151. Pakistan and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocol A.2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and Pakistan.3. Should either Party find that the application of this Agreement is disturbing existing commercial relations between importers in the Community and suppliers in Pakistan consultations shall be started promptly, in accordance with the procedure specified in Article 16 with a view to remedying this situation.Article 161. The special consultation procedures referred to in this Agreement shall be governed by the following rules:- any request for consultations shall be notified in writing to the other Party,- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the opinion of the requesting Party, justify the submission of such a request,- the Parties shall enter into consultations within one month at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.2. The Community may request consultations in accordance with paragraph 1 when it ascertains that during a particular year of application of the Agreement difficulties arise in the Community or one of its regions from a sharp and substantial increase, by comparison to the preceding year, in imports of a given category of Group I subject to the quantitative limits set out in Annex II.3. If necessary, at the request of either of the Parties and in conformity with the provisions of the Geneva Arrangement, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.Article 17This Agreement shall apply, on the one hand, to the territories within which the Treaty establishing the European Economic Community is applied and under the conditions laid down