these goods are eligible for export in accordance with the arrangements established by this Agreement. Where the competent Community authorities so request, the information communicated shall also include copies of such other available documentation as may facilitate the full determination of the facts and, in particular, the true origin of the goods.4. For the purpose of subsequent verification of certificates of Hong Kong origin and export licences, copies of these together with relevant supporting documentation required to be lodged with the Hong Kong authorities for the issue of such certificates or licences shall be kept for a period of at least two years by the Hong Kong authorities.Article 181. Where the verification procedure referred to in Article 17 or where information available to the Community or to Hong Kong indicates or appears to indicate that the provisions of this Agreement are being contravened, both parties shall cooperate closely and with the appropriate urgency to prevent such contravention.2. To this end, Hong Kong shall, on its own initiative or at the request of the Community, carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to be in contravention of this Agreement. Hong Kong shall communicate the results of these enquiries to the Community together with any other pertinent information enabling the true origin of the goods to be determined.3. By agreement between the Community and Hong Kong, officials designated by the Community may be present at the enquiries referred to in paragraph 2.4. In pursuance of the cooperation referred to in paragraph 1, Hong Kong and the Community shall exchange any information considered by either Party to be of use in preventing the contravention of the provisions of this Agreement. These exchanges may include information on textile production in Hong Kong and on trade in textile products of a kind covered by this Agreement between Hong Kong and other countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Hong Kong prior to their importation into the Community. This information shall include, at the request of the Community, copies of all relevant documentation.5. Where it is established to the satisfaction of both Parties that the provisions of this Agreement have been contravened, Hong Kong and the Community agree to take all reasonable measures to prevent a recurrence of such contravention.ANNEX I to Protocol A (Article 2) >TABLE>PROTOCOL BThe annual growth rate for the quantitative limits introduced under Article 7 of the Agreement shall be determined as follows:For products in categories falling within Group I, II or III, the growth rate shall be fixed by agreement between the Parties in accordance with the consultation procedure established in Article 14 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 Hong Kong.Joint Declaration concerning Article 101. The Community and Hong Kong note the well-established and close cooperation which exists between the two parties in preventing and dealing with problems relating to the contravention throughcircumvention of the provisions of previous Agreements between the Community and Hong Kong, and, in particular, the mutually satisfactory solutions which have been reached on equivalent debiting of the corresponding quantitative limits established under those previous Agreements.2. The two parties reaffirm their willingness to strengthen this cooperation in all its aspects having regard to the administrative and technical procedures in force in the Community and Hong Kong for the implementation of this Agreement.3. Hong Kong confirms that its export control system permits the prompt debiting of circumvented amounts to the appropriate quantitative limits established under this and previous Agreements between the Community and Hong Kong.4. In agreeing to the provisions of Article 10, the Community and Hong Kong also agree, in the light of the foregoing, that for practical and specific reasons, paragraph 3 of that Article shall, as a general rule, be implemented in the following manner:- where the evidence provided clearly establishes that the provisions of this Agreement have been circumvented, Hong Kong undertakes, at the request of the Community, to debit the circumvented amounts to the appropriate quantitative limits for the year in which the circumvention took place or for subsequent years, the timing and apportioning of such debiting being decided in consultation with the Community, to ensure that, where appropriate, such debiting may be satisfactorily implemented.5. In respect of circumvention arising from imports into the Community before 1 January 1987, the following shall apply:- requests concerning imports from 1 January 1983 shall be dealt with under the terms of Article 10 of this Agreement and this Joint Declaration.6. Should the consultation period provided for in Article 14 (1) be insufficient to complete the examination of the evidence adduced the parties may agree to extend that period.Declaration concerning Article 2 (3) of the AgreementThe Community declares that, if any amendment is made to the rules of origin referred to in Article 2 (3) of the Agreement, the Community shall, with the agreement
in Annex II.The procedures for the application of this paragraph are set out in Protocol A.2. In case of divergent opinions between Hong Kong and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, consultations in accordance withArticle 14 (1) shall be held with a view to reaching agreement on the appropriate classification of the products concerned and to resolving any difficulties arising therefrom.For this purpose, the authorities of Hong Kong shall be informed by the competent authorities of the Community as soon as a case of divergent opinions on the classification of products arises.Pending agreement on the appropriate classification and in order to avoid disruption to trade, the products in question shall be imported on the basis of the classification indicated by the competent Community authorities at the point of entry, in conformity with the provisions of this Agreement.Article 101. Hong Kong and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, re-routing or whatever other means.2. Where information available to the Community as a result of the investigation carried out in accordance with the procedures set out in Protocol A constitutes evidence that products of Hong Kong origin subject to quantitative limits established under this Agreement have been transhipped, re-routed 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 14 (1) of this Agreement, with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under the Agreement.3. Should the parties be unable in the course of consultation to reach a satisfactory solution within the period specified in Article 14 (1) of the Agreement, the Community 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 Hong Kong origin.Article 111. Hong Kong 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. Export data shall be provided by the Hong Kong authorities promptly in such detail and as frequently as the Community may reasonably request. If, on the basis of such data, the Community has evidence that there is a sharp and substantial increase in the concentration of exports, other than a concentration attributable to normal seasonal factors, of particular products in any one category subject to quantitative limits established in Annex II, the Community may request consultations in accordance with the procedure specified in Article 14 of this Agreement with a view to remedying this situation.Article 121. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down into shares for each of the Community's regions as set out in Annex II.2. The Community undertakes to examine with care and reply within four weeks to any request by Hong Kong for a portion of any quantitative limit established in Annex II not used in one region of the Community to be re-allocated to another region.If, in the course of the application of the Agreement Hong Kong 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 the procedure specified in Article 14 with a view to reaching a mutually satisfactory solution.3. After the first of June of each year of application of the Agreement, Hong Kong may transfer, subject to prior notification to the Community, unused quantities within 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 following percentages of the quota-share to which the transfer is made:1 % in the first year of application of the Agreement.2 % in the second year of application of the Agreement,4 % in the third year of application of the Agreement,6 % in the fourth year of application of the Agreement.The percentage in the fifth year of the application of the Agreement shall be determined following consultations 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 above are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.Article 131. Hong Kong and the Community undertake to refrain from discrimination in the allocation of export licences and import documents respectively.Artikel 141. 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, together with a statement setting outthe 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 15 days of notification of the request at the AGREEMENT between the European Economic Community and Hong Kong on trade in textile products Done at Brussels on 2 October 1986THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF HONG KONG,of the other part,RECOGNIZING the importance of trade in textile products between the European Economic Community (hereinafter referred to as the 'Community', and Hong Kong,HAVING REGARD to the Arrangement regarding International Trade in Textiles, and in particular Article 4 thereof, and to the Protocol adopted on 31 July 1986 in accordance with the Conclusions of the Textiles Committee forming an integral part of the Protocol, which Arrangement and Protocol are hereinafter referred to as the 'Geneva 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 HONG KONG: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 Hong Kong which are listed in Annex I.2. The classification of the products covered by this Agreement is based on the nomendature 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 in the Community of the International Convention on the Harmonized 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 and the procedures for control of the origin of the products set out in Protocol A.Article 3Hong Kong agrees to restrain its exports to the Community of the products described in Annex II to the limits set out therein for each Agreement year.Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.Article 4Hong Kong and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in Hong Kong.Such re-imports may be provided for outside the quantitative limits established under this Agreement provided that they are effected in accordance with the regulations on economic outward processing in force in the Community.Article 51. Exports to 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 Hong Kong authorities and to proof of origin, in accordance with the provisions of Protocol A.2. Where the competent authorities in the Community have evidence that products exported from Hong Kong and set off by Hong Kong against a quantitative limit established in Annex II have been subsequently re-exported outside the Community, the authorities concerned shall notify Hong Kong of the quantities involved. Upon receipt of such notification, Hong Kong may authorize exports for the current or the following Agreement year of identical quantities of products, within the same category, which shall not be set off against the quantitative limits established in Annex II.Article 61. In any one Agreement year advance use of a portion of the quantitative limit established for the following Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 14 (1) for each category of products between 1 % and 5 % of the quantitative limit for the current Agreement year. Amounts delivered in advance shall be deducted from the corresponding quantitative limits established for the following Agreement year.2. Carryover to the corresponding quantitative limit for the following Agreement year of amounts not used duringany one Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 14 (1) for each category of product between 2 % and 7 % of the quantitative limit for the current Agreement year.3. Carryover to the corresponding quantitative limit for the following Agreement year of amounts not used duringany one Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 14 (1) for each category of product between 2 % and 7 % of the quantitative limit for the current Agreement year.3. Transfers in respect of categories in Group I shall not be made from any categories except as follows:- transfers between categories 2 and 3 may be made for any Agreement year up to 4 % of the quantitative limit for the category to which the transfer is made,- transfers between categories 4, 5, 6, 7 and 8 may be made for any Agreement year up to 4 % of the quantitative limit for the category to which the transfer is made.Transfers into any category in Groups II and III may be made from any category or categories in Groups I, II and III for any Agreement year up to 5 % of the quantitative limit for the category to which the transfer is made.The table of equivalence applicable to such transfers is given in Annex I to this Agreement.4. The increase in any category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 above during an Agreement year shall not exceed 12 %.5. Prior notification shall be given by the authorities of Hong Kong in the event of recourse to the provisions of paragraphs 1, 2 and 3 above.6. Hong Kong shall provide the Community with export data showing the amounts of carryover available in any Agreement year. If substantial statistical differences exist between the export data from which the amount to be carried over is calculated and the Community's data, the Community may, within the first 120 days of the following Agreement year, request consultations in accordance with the procedures referred to in Article 14 (1) on the amounts involved. Any such request shall be accompanied by full particulars of the alleged statistical differences. Where such a request is made, the portions carried over shall not be used until the parties have completed consultations. If no such request is made within a 120-day period, the portion carried over shall be presumed to have been calculated correctly.Article 71. Given the desire of both parties to eliminate real risks of market disruption, and in view of the well-established and effective Hong Kong system of export authorization, the following procedures shall apply.2. Exports of textile products described in the categories listed in Annex I which are not subject to quantitative limits in Annex II shall be subject to the issue of export authorizations.3. In respect of textile products covered by export authorizations mentioned in paragraph 2 above, theCommunity may request consultations in accordance with the procedure described in Article 14 (1) with a view to establishing a quantitative limit.4. Until a mutually acceptable conclusion has been arrived at by means of such consultation, Hong Kong undertakes, if so requested, to suspend from the date of receipt of the request for consultation, the issue of export authorizations for the product or products in any category concerned, and to inform the Community forthwith of the level of quantities covered by export authorizations issued at the time of suspension. The Community shall accept exports from Hong Kong of the product or products concerned in respect of export authorizations issued prior to the receipt of the request for suspension.5. Should the parties be unable in the course of consultations held in accordance with the provisions of paragraph 3 to reach a mutually acceptable solution, Hong Kong undertakes, if so requested by the Community, to limit exports of the product or products in the category in question for the Agreement year in which the request for consultations is made to an annual level not lower than the highest of the following:(a) the level of imports into the Community in 1985 of products originating in Hong Kong in that category;(b) the level resulting from the application of paragraph 8 below;(c) the level resulting from the application of paragraph 9 below;(d) 106 % of the level of exports reached during the calendar year preceding that in which the level of export authorizations issued by Hong Kong exceeded the level resulting from the application of paragraphs 8 and 9 and gave rise to the request for consultations; or(e) the level of export authorizations already issued at the time of suspension.6. The annual growth rate for the quantitative limits introduced under this Article shall be determined during the course of the consultations referred to in paragraph 3 above.7. The provisions of this Article may be invoked by the Community at a regional level.8. The Community undertakes not to invoke the provisions of paragraph 3 of this Article before the level of export authorizations for textile products mentioned in paragraph 2 in any category exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates:- for categories of products in Group I:0,4 %,- for categories of products in Group II:2,0 %,- for categories of products in Group III:6,0 %.9. The Community further undertakes Avis juridique important|21988A0414(01)Acordo entre a Comunidade Económica Europeia e Hong Kong sobre o comércio internacional de têxteis Tradução não oficial Jornal Oficial nº L 097 de 14/04/1988 p. 0002 - 0040