AGREEMENT between the European Economic Community and the Republic of Slovenia on trade in textile productsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF SLOVENIA,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 Republic of Slovenia (hereinafter referred to as 'Slovenia'),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 Slovenia,HAVING regard to the Cooperation Agreement between the Community and Slovenia, signed on 5 April 1993, and in particular Article 16 thereof,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 REPUBLIC OF SLOVENIA,WHO HAVE AGREED AS FOLLOWS:Article 1The present Agreement established the regime applicable to trade of textile products originating in Slovenia listed in Annex I.TITLE I QUANTITATIVE REGIME Article 21. The classification of the products covered by this Agreement 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.Where any decision on classification results in a change of classification practice or a change of category of any product subject to this Agreement the affected products shall follow the trade regime applicable to the practice or category they fall into after such changes.Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning categories of products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing quantitative limits introduced pursuant to this Agreement.2. 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 Slovenia and shall not have the effect of reducing any quantitative limit established pursuant to this Agreement.The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 31. Subject to the provisions of this Agreement, exports from Slovenia to the Community of products listed in Annex I and originating in Slovenia shall, at the time of entry into force of this Agreement, be free from quantitative limits and measures of equivalent effect. Quantitative limits may subsequently be introduced under conditions specified in Article 8.2. Should quantitative limits be introduced, exports of the textile products made subject to quantitative limits shall be subject to a double-checking system as specified in Protocol A.3. At the time of entry into force of this Agreement, exports of products listed in Annex II, not subject to quantitative limits, shall be subject to the double-checking system referred to in paragraph 2.4. Following consultations in accordance with the procedures set out in Article 14, exports of products in Annex I not subject to quantitative limits, other than those listed in Annex II, may be subject, subsequently to the entry into force of the Agreement, to the double-checking system referred to in paragraph 2 or to a prior surveillance system introduced by the Community.Article 4The Community and Slovenia recognize the special and differential character of re-imports of textile products into the Community after processing in Slovenia as a specific form of industrial and trade cooperation.Should quantitative limits be established under Article 8, provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports shall not be subject to these quantitative limits if they are subject to the specific arrangements laid down in Annex III.Article 5Slovenian exports 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 the quantitative limits established under this Agreement, provided that these products originating in Slovenia 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 under this Agreement, 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 into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the authorities of Slovenia, and to proof of origin in accordance with the provisions of Protocol A.2. Where the
IMPORTS >POSIÇÃO NUMA TABELA>OPT QUOTAS >POSIÇÃO NUMA TABELA>PROTOCOL A TITLE I CLASSIFICATION Article 11. The competent authorities of the Community undertake to inform Slovenia 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 undertake to inform the competent authorities of Slovenia of any decisions relating to the classification of products subject to the present Agreement, within one month of their adoption at the latest. Such communication shall include:(a) a description of the products concerned;(b) the relevant category and the related CN codes;(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 days' notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in the 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 quantitative limits, the Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 14 of the Agreement with a view to honouring the obligation under the second subparagraph of Article 2 (1) of the Agreement.5. In case of divergent opinions between Slovenia and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 14 with a view to reaching agreement on definitive classification of the product concerned.TITLE II ORIGIN Article 21. Products originating in Slovenia for export to the Community in accordance with the arrangements set out in Title I of this Agreement shall be accompanied by a certificate of Slovenian origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be certified by the competent Slovenian authorities if the products in question can be considered products originating 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 Slovenia 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 circulation EUR 1 or a form EUR 2 issued in accordance with the provisions of Protocol 1 of the Cooperation Agreement.Article 3The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. The competent Slovenian authorities 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, the certificates or declarations of origin must contain a sufficiently detailed description of the goods 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 products shall not ipso facto cast doubt upon the statements in the certificate.TITLE III DOUBLE-CHECKING SYSTEM Section I Exportation Article 61. The competent authorities of Slovenia shall issue an export licence in respect of all consignments from Slovenia of textile products subject to any definitive or provisional quantitative limits established under Article 8 of the Agreement, up to the relevant quantitative limits as may be modified by Articles 7, 10 and 12 of the Agreement, as well as of all consignments of textile products subject to a double-checking system without quantitative limits as provided for in Article 3 (3) and (4) of the Agreement.Article 71. For products subject to quantitative limits under this Agreement the export licence shall conform to Model 1 annexed to this Protocol and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Economic Community applies. However, where the Community has made recourse to the provisions of Articles 8 and 11 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the 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. to the provisions of Articles 8 and 11 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the 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. Where quantitative limits have been introduced pursuant to this Agreement, each export licence must certify inter alia that the quantity of the product in question has been set off against the quantitative limit established for the category of the products concerned and shall only cover one category of products subject to quantitative limits. It may be used for one or more consignments of the products in question.3. For products subject to a double-checking system without quantitative limits the export licence shall conform to Model 2 annexed to this Protocol. It shall only cover one category of products and may be used for one or more consignments of the products in question.Article 8The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.Article 91. Exports of textile products subject to quantitative limits pursuant to this Agreement shall be set off 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 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, vehicule 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 have been shipped.Section II Importation Article 11Importation into the Community of textile products subject to quantitative limits or to a double-checking system pursuant to this Agreement shall be subject to the presentation of an import authorization.Article 121. The competent authorities of the Community shall issue the import authorization referred to in Article 11 above, within five working days of the presentation by the importer of the original of the corresponding export licence.2. The import authorizations concerning products subject to quantitative limits under this Agreement 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 8 and 11 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 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 import authorizations for products subject to a double-checking system without quantitative limits 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 applicable.4. The competent authorities of the Community shall cancel the import authorization 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 the competent authorities of Slovenia for a particular category in any year exceed the quantitative limit established in accordance with Article 8 of the Agreement for that category, as may be modified by Articles 7, 10 and 12 of the Agreement, the said authorities may suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authorities of Slovenia and the special consultation procedure set out in Article 14 of the Agreement shall be initiated forthwith.2. Exports of products of Slovenian origin subject to quantitative limits or a double-checking system and not covered by Slovenian export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities.However, without prejudice to Article 10 of the Agreement 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 pursuant to this Agreement, without the express agreement of the competent authorities of Slovenia.TITLE IV FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY Article 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 printed script.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 the original, shall be printed with the limits introduced under this Article shall be determined in accordance with the provisions of Protocol C.6. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in Slovenia.7. In the event the provisions of paragraphs 2, 3 and 4, the Community shall authorize the imports of products of the category concerned shipped from Slovenia before the request for consultation was submitted.Should the provisions of paragraph 2 or 4 be applied, Slovenia undertakes to issue export licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed.8. 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.Article 91. Slovenia shall supply the Commission with precise statistical information on all export licences issued for categories of textile products subject to quantitative limits established under this Agreement or to a double-checking system, expressed in quantities and in terms of value and broken down by Member States of the Community, as well as on all certificates issued by the competent Slovenian authorities for products referred to in Article 5 and subject to the provisions of Protocol B.2. The Community shall likewise transmit to the Slovenian authorities precise statistical information on import authorizations issued by the Community authorities and import statistics for products covered by the system referred to in Article 8 (2).3. The information referred to above shall, for all categories of products, be forwarded before the end of the month following the month to which the statistics relate.4. Upon request by the Community, Slovenia shall supply import statistics for all products covered by Annex I.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 14 of this Agreement.6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Slovenian 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. In view of ensuring the effective functioning of this Agreement, the Community and Slovenia agree to cooperate fully in order to prevent, to investigate and to take any necessary legal and/or administrative action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning fibre content, quantities, description or classification of merchandise and by whatever other means. Accordingly, Slovenia and the Community agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.2. Should the Community believe on the basis of information available that the present Agreement is being circumvented, the Community will consult with Slovenia with a view to reaching a mutually satisfactory solution. These consultations will be held as early as possible and at the latest within 30 days from the date of request.3. Pending the results of the consultations referred to in paragraph 2, Slovenia shall, as a precautionary measure, if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of quantitative limits established under Article 8 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.4. Should the Parties be unable, in the course of the consultation referred to in paragraph 2, to reach a mutually satisfactory solution, the Community shall have the right:(a) where there is sufficient evidence that products originating in Slovenia have been imported in circumvention of the present Agreement, to set off the relevant quantities against the quantitative limits established under Article 8;(b) where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in Slovenia has occured, to refuse to import the products in question;(c) Should it appear that the territory of Slovenia is involved in transhipment or re-routing of products not originating in Slovenia, to introduce quantitative limits against the same products originating in Slovenia if they are not already subject to quantitative limits, or to take any other appropriate measures.5. The Parties agree to establish a system of administrative cooperation to prevent and to address effectively all problems arising from circumvention in accordance with the provisions of Protocol A to this Agreement.Article 111. The quantitative limits established under this Agreement on imports into the Community of textile products of Slovenian origin will not be broken down by the Community into regional shares.2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows resulting in Avis juridique important|21994A0517(17)Acordo entre a Comunidade Europeia e a República da Eslovénia sobre o comércio de produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Actas aprovadas - Troca de notas Tradução não oficial Jornal Oficial nº L 123 de 17/05/1994 p. 0608 - 0662 Edição especial finlandesa: Capítulo 11 Fascículo 31 p. 0610 Edição especial sueca: Capítulo 11 Fascículo 31 p. 0610