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
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 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 in that Treaty and, on the other hand, to the territory of Pakistan.Article 181. This Agreement shall enter into force on the first day of the month following the date of 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 modifications to the Agreement.4. Either Party may at any time denounce this Agreement provided that at least 60 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, Protocols, Agreed Minutes, Exchangesof Letters and the Declaration to this Agreement shall form an integral part thereof.Article 19This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Urdu languages, each of these 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 For practical reasons the product descriptions used Annex I are given in the present Annex in abbreviated form >POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>PROTOCOL A TITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Pakistan of any changes in the tariff and statistical nomenclatures before the date of their entry into effect in the Community.2. The competent authorities of the Community undertake to inform Pakistan 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 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 Pakistan for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Pakistani origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be issued by the competent governmental authorities of Pakistan if the products in question can be considered products originatingin 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 Pakistan 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 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 Pakistan, save as provided for in Article 11 of the Agreement.TITLE IVFORM AND PRODUCTION OF EXPORT LICENCES 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 export licence and certificate of origin 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 Pakistan as follows: PK,- two letters identifying the country of destination as follows:BL = BeneluxDE = GermanyDK = DenmarkFR = FranceGB = United KingdomGR = GreeceIE = IrelandIT = ItalyES = SpainPT = 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 issuing office in Pakistan,- 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 Pakistan 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 Pakistan shall assist each other in checking the authenticity and accuracy of export licences and certificates of origin issued or declarations made under this Protocol.Article 19Pakistan shall send the Commission of the European Communities 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. Pakistan shall also notify the Commission of any change in this information.Article 201. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to accuracy of the information regarding the products in question.2. In such cases the competent authorities in the Community shall return the certificate of origin or export licence or a copy thereof to the competent governmental authority in Pakistan giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof 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. The provisions of paragraph 1 shall be applicable to subsequent verifications of the declarations of origin referred to in Article 2 of this Protocol.4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate or licence or declaration applied to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by this Agreement. The information shall also include,at the request of the Community, copies of all documentation necessary to determine the facts fully and in particular the true information communicated shall indicate whether the disputed certificate or licence or declaration applied to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by this Agreement. The information shall also include,at the request of the Community, copies of all documentation necessary to determine the facts fully and in particular the true origin of the goods.Should such verifications reveal systematic irregularities in the use of declarations of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.5. For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept for at least three years by the competent governmental authority in Pakistan.6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for home use of the products in question.Article 211. Where the verification procedure referred to in Article 20 or where information available to the Community or to Pakistan indicates or appears to indicate that the provisions of this Agreement are being contravened, both Parties shall cooperate closely and with appropriate urgency to prevent such contravention.2. To this end Pakistan 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 the Community to be in contravention of this Agreement. Pakistan 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. Subject to agreement between the Community and Pakistan, officials designated by the Community may be present at the enquiries referred to in paragraph 2.4. Pursuant to the cooperation referred to above, Pakistan 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 Pakistan and on trade in textile products of a kind covered by this Agreement between Pakistan 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 Pakistan 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 that the provisions of this Agreement have been contravened, Pakistan and the Community may agree to take such measures as are necessary to prevent a recurrence of such contravention.PROTOCOL B 1. The exemption provided for in Article 5 of the Agreement in respect 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 Pakistan;(b) hand-made cottage industry products made of the handloom fabrics described in (a);(c) traditional folklore textile products of Pakistan made by hand in the cottage industry of Pakistan as defined in a list to be agreed between both Parties and annexed to this Protocol.Exemption shall be granted only for products accompanied by a certificate issued by the competent Pakistani 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 subparagraph (c) above shall bear a conspicuous stamp: 'FOLKLORE'. In case of divergent opinion between Pakistan 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.2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandi to the products referred to in paragraph 1 of this Protocol.Annex to Protocol BAGREED LIST OF TRADITIONAL FOLKLORE HANDICRAFT TEXTILE PRODUCTS OF PAKISTAN REFERRED TO IN PARAGRAPH 1 (c) OF PROTOCOL BList of traditional folklore handicraft textile products of Pakistan agreed between the Community and Pakistan according to subparagraph (c) of Protocol BProducts listed below are indicated by Pakistan as being uniquely and historically traditional folklore textile products made by hand in the cottage industry of Pakistan. 1.DUPATTALong scarf 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