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
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 latest, with a view to reaching agreement or a mutually acceptable conclusion within a further 15 days 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 due to 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 differences between them.Article 15This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Hong Kong.Article 161. This Agreement shall enter into force on the first day of the month following its signature. It shall be applicable until 31 December 1991.2. This Agreement shall apply with effect from 1 January 1987.3. Either Party may at any time propose amendments to this Agreement.4. Either Party may at any time denounce this Agreement, provided that at least 120 days' notice is given. In that event the Agreement shall come to an end on the expiry of the period of notice.5. The Annexes and Protocols, as well as Exchanges of Letters, Agreed Minutes and Declarations to this Agreement shall form an integral part thereof.Article 17This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each of those texts being equally authentic.ANNEX I LIST OF PRODUCTS 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 animal hair, of cotton or of man-made fibres.2. Garments which are not recognizable as being garments for men or boys or as garments for women or girls are classified with the latter.3. Where the expression 'babies' garments' is used, this is meant also to cover girls' 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 II (*) >POSIÇÃO NUMA TABELA>PROTOCOL A TITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Hong Kong of any changes in the Common Customs Tariff, the NIMEXE or the HS based nomenclatures before the date of their entry into effect in the Community.2. The competent authorities of the Community undertake to inform Hong Kong of any decisions relating to the classification of products subject to the 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 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 days' 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 Community undertakes to enter into consultations without delay in accordance with the procedures described in Article 14 (1) of this Agreement with a view to agreeing necessary adjustments to the appropriate quantitative limits established in Annex II and mitigating any disruptive effects which might arise from such a Community decision.TITLE IIORIGINArticle 21. Products originating in Hong Kong for export to the Community 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 of Hong Kong, take appropriatemeasures to avoid any possible consequent reduction of Hong Kong's ability to use the quantitative limits established in Annex II of the present Agreement.The Community further declares that any amendment made to the abovementioned rules shall continue to be based on criteria not requiring, in order to confer originating status, more extensive operations than those constituting a single complete process.Agreed MinuteWith reference to Article 12 (3) of the Agreement on trade in textiles between the European Economic Community and Hong Kong initialled on 2 October 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 Hong KongHead of Delegation of theEuropean Economic CommunityAgreed MinuteThe Community and Hong Kong agree that:- carryover to the quantitative limits for the year 1987 of quantities not used in 1986 is authorized up to 2 % on the corresponding quantitative limits for 1987 for Group I and up to 3 % for other Groups,- advance use of a portion of quantitative limits for 1987 is authorized for any quantitative limit for the year 1986 up to 2 % for Group I and up to 3 % for other Groups, subject to an agreement of the two Parties establishing the de facto-application of the new bilateral agreement.Head of Delegation of Hong KongHead of Delegation of theEuropean Economic CommunityExchange of notesThe Minister for Hong Kong Commercial Relations with the European Communities and the Member States presents his compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Agreement in textile products negotiated between Hong Kong and the Community and initialled on 2 October 1986.The Ministers 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 Governmentof Hong Kong 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. This is on the understanding that either party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.The Minister would be grateful if the Community would confirm its agreement to the foregoing.The Minister for Hong Kong Commercial Relations with the European Communities and the Member States avails himself of this opportunity to renew to the Directorate-General for External Relations the assurance of his highest consideration.Exchange of notesThe Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Minister for Hong Kong Commercial Relations with the European Communities and the Member States and has the honour to refer to the Minister's Note of regarding the Agreement in textile products negotiated between Hong Kong and the Community and initialled on 2 October 1986.The Directorate-General wishes to confirm to the Minister that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Community is prepared to allow the provisions of the agreement to apply de facto from 1 January 1987. This is on the understanding that either party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.The Directorate-General for External Relations avails itself of this opportunity to renew to the Minister of Hong Kong Commercial Relations with the European Communities and the Member States the assurance of its highest consideration. in Article 14 (1) of the Agreement shall be initiated forthwith.2. Exports of Hong Kong origin not covered by Hong Kong export licences issued in accordance with the provisional of this Protocol may be refused the issue of import authorization 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 7 of the Agreement, without the express agreement of Hong Kong.TITLE IVFORM AND PRODUCTION OF THE EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONSArticle 121. The export licence and the certificate of Hong Kong 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 printscript.These documents shall measure 210 × 297 mm. The paper used must be white writing paper weighing not less than25 g/m².Only the original, clearly marked 'original', shall be accepted by the competent authorities in the Community as being valid for the purpose of export to the Community in accordance with the arrangements established by the Agreement.2. Each export licence and certificate of Hong Kong origin shall bear a serial number, whether or not printed, by which it can be identified.The number for the export licence shall be standardized and composed of the following elements:- two letters identifying Hong Kong as follows: HK,- two letters identifying Member State of destination as follows:BL = BeneluxDK = DenmarkDE = Federal Republic of GermanyES = SpainFR = FranceGB = United KingdomGR = GreeceIE = IrelandIT = ItalyPT = Portugal,- a one-digit number identifying quota year, corresponding to the last figure in the respective Agreement year, e.g.7 for 1987,- two spaces identifying the particular issuing office concerned in Hong Kong,- a five-digit number running consecutively from 00001 to 99999 allocated to the respective country of destination.Article 13The export licence and certificate of origin may be issued after shipment of the products to which they relate. In such cases they shall bear either the endorsement 'delivré a posteriori' or the endorsement 'issued retrospectively'.Article 141. 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 15The Community and Hong Kong shall cooperate closely to implement the provisions of this Agreement. To this end,contacts and exchanges of view (including on technical matters) shall be facilitated by both parties, in particular to established the authenticity and accuracy of documentation required under the provisions of the Agreement.Article 16Hong Kong shall send the Commission of the European Comuinities the names and addresses of the governmental authorities competent for the issue and verification of export licences and certificates of origin together with specimens of the stamps used by these authorities. Hong Kong shall also notify the Commission of any change in this information.Article 171. Verification of certificates of Hong Kong origin or export licences shall be carried out at random by the Hong Kong authorities.2. The Competent Community authorities may request subsequent verification of certificates of Hong Kong origin or export licences at random or whenever they have reasonable doubt as to the authenticity of such certificates or licences or as to the accuracy of the information regarding the products in question.In such cases the competent authorities in the Community shall return the certificate of Hong Kong origin or export licence, or a copy therof to the Hong Kong authorities, giving, where appropriate, the reasons for an enquiry. If the invoice has been submitted, such invoice shall be attached to the certificate or licence or its copy. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.3. Should the results of the random verification referred to in paragraph 1 above reveal serious contravention of the provisions of this Agreement, the Hong Kong authorities shall notify the competent Community authorities of the results.Where the competent Community authorities have requested verification under paragraph 2 above, the results of such verification shall be communicated to the competent Community authorities within three months at the latest. The information communicated shall indicate whether the disputed certificate or licence applies to the goods actually exported and whether 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 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 not to invoke the provisions of this Article on a regional basis before the level of export authorizations for textile products mentioned in paragraph 2 in any category exceeds the following regional percentages of the levels referred to in paragraph 8: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 %.10. Up to the date of communication of the statistics referred to in Article 9 (6) the provisions of paragraph 2 as qualified by paragraphs 7 and 8 of this Article shall apply on the basis of the annual statistics previously communicated by the Community.11. In order to facilitate forecasts of Hong Kong's future export trends, Hong Kong undertakes to supply the Community with half-monthly statistical returns showing the quantities covered by the export authorizations mentioned in paragraph 1 which are issued under the system to Hong Kong exporters. Such data on export authorizations shall be provided by the Hong Kong authorities promptly in such detail and as frequently as the Community may reasonably request.12. In the implementation of the provisions of the Article, Hong Kong shall notify the Community immediately upon receipt of any application for an export authorization in an exceptionally large amount.13. The Hong Kong authorties undertake to notify the Community of any changes to the export authorization system having a direct effect on the implementation of this Agreement. Where necessary, consultations may be requested under Article 14 (1) of this Agreement.14. 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 81. Hong Kong undertakes to supply the Community with precise statistical information on all export licences issued by the Hong Kong authorities for all categories of textile products subject to the quantitative limits established under this Agreement.Hong Kong shall set out in its periodical statistical reports the maximum export levels for each category subject to a quantitative limit and the rate of utilization of these levels.2. The Community shall likewise supply to the Hong Kong authorities precise statistical information on import documents issued by the Community authorities in respect of export licenses issued by Hong Kong.3. The information referred to in paragraphs 1 and 2 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate.4. For the purpose of applying provisions of Article 8, the Community may ask Bulgaria to transmit available statistical information on textiles exports of products covered by this Agreement by country of destination.The Community shall transmit to the Hong Kong authorities import statistics for all products covered by Article 7, and for products covered by Article 5 (1).5. The information referred to in paragraph 4 shall, for all categories of products, be transmitted before the end of the third month following the quarter to which the statistics relate.6. For the purpose of applying the provisions of Article 7, the Community undertakes to provide the Hong Kong 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.7. 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.Any such consultations shall be resolved on the basis of the agreed descriptions of the products contained in Annex I.8. Hong Kong also undertakes to supply the Community with statistical information on all textile exports by country of destination. This information shall be transmitted before the end of the third month following the quarter to which the statistics refer.Article 91. The authorities of Hong Kong shall be informed of any amendment to the Common Customs Tariff, the NIMEXE or the HS based nomenclatures of 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 such amendment or any decision which results in a modification of the classification of products covered by this Agreement shall not have the effect of reducing Hong Kong's ability to use the quantitative limits established 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)