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
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 in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Hong Kong origin conforming to the model annexed to this Protocol.2. The certificate of Hong Kong origin shall be issued by the competent governmental authorities of Hong Kong 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. Certificates of Hong Kong origin shall contain a full and detailed description of the goods. In particular, certificates of Hong Kong origin shall indicate:- in respect of clothing, shipments where the articles in question are incomplete or unfinished;- in respect of fabrics, including knitted or crocheted fabric and products of categories 95 and 96, shipments where the products in question are dyed, printed, impregnated or coated,- and in respect of products of categories 19, 20, 38B, 39, 40 and 84, shipments where the articles in question are embroidered.4. The certificate of Hong Kong origin referred to in paragraph 1 shall not be required for import of goods covered by a certificate of origin Form A completed in accordance with the relevant Community rules in order to qualify for generalized tariff preferences.Article 3The 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 product shall not ipso facto cast doubt upon the statements in the certificate.TITLE IIIDOUBLE-CHECKING SYSTEM FOR CATEGORIES OFPRODUCTS WITH QUANTITATIVE LIMITSSection IExportationArticle 4The competent authorities of Hong Kong shall issue an export licence in respect of all consignments from Hong Kong of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Articles 6, 12 and 14 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Article 7 of the Agreement.Article 51. The export licence shall conform to the model annexed to this Protocol. It must certify, inter alia, that the quantity of the product in question has been set off against the quantitative limit prescribed for the category of the product in question.2. Each export licence shall only cover one of the categories of products listed in Annex II of the Agreement.Article 6The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued.Article 71. Exports shall be set off against the quantitative limits established for the year in which shipment of the goods has been effected, even if the export licence is isued after such shipment.2. For the purposes of applying paragraph 1, shipment of the goods is considered to have taken place on the date of their loading on to the exporting aircraft, vehicle or vessel.Article 8The presentation of an export licence, in application of Article 10 below, shall be effected not later than 31 March of the year following that in which the goods covered by the export licence have been shipped.Section IIImportation Article 9Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.Article 101. The competent Community authorities shall issue such import authorization or document automatically within five working days of the presentation by the importer of the original of the corresponding export licence.The import authorization or document shall be valid for six months.2. The competent Community authorities shall cancel the already issued import authorization or document if the corresponding export licence has been withdrawn.However, if the competent Community authorities have not been notified about the withdrawal or cancellation of the export licence until after the products have been imported into the Community, the quantities involved shall be set off against the quantitative limit for the category and the quota year in question and Hong Kong shall be informed as soon as possible.Article 111. If the competent Community authorities find that the total quantities covered by export licences issued by Hong Kong for a particular category in any Agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 6, 12 and 14 of the Agreement, or any definitive or provisional limit established under Article 7 of the Agreement, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent Community authorities shall immediately inform the authorities of Hong Kong and the special consultation procedure set out 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 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 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.