Protocol.Products shipped before the date of the application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation within 60 days of that date.4. In case of divergent opinions between Hungary and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Protocol, classification shall provisionally be based on indications provided by importing parties, pending consultations in accordance with Article 14 with a view to reaching agreement on the classification concerned. In case no agreement can be reached, the classification of the goods is to be submitted to the Nomenclature Committee for a definitive classification in the combined nomenclature.TITLE II ORIGINArticle 21. Products originating in Hungary for export to the Community in accordance with the arrangements established by this Protocol shall be accompanied by a certificate of Hungarian origin conforming to the model annexed to this Protocol.2. However, products in Group III can be imported into the Community under the regime established by this Protocol on the presentation of a declaration of the exporter on the invoice or another commercial document, attesting that the products in question originate in Hungary in accordance with the relevant provisions in force in the Community.3. The certificate of origin referred to in paragraph 1 above is not required for the importation of goods covered by a movement certificate EUR 1 or a form EUR 2 issued in conformity with Protocol 4 of the Europe Agreement.Article 3The certificate of origin is issued to the exporter only on receipt of a written request from either him or his representatie. The competent authorities of Hungary are obliged to ensure that the certificates of origin are correctly filled out; to this end they shall call for any necessary document, any 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 so as to enable the criterion to be determined, on the basis of which the certificate was issued or the declaration drawn up.Article 5The discovery of slight discrepancies between details on the cetificate of origin and those on the documents produced at the customs office when going through the import formalities for the goods, does not, ipso facto, cast doubt upon the statements in the certificate.TITLE III DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF PRODUCTS SUBJECT TO COMMUNITY QUANTITATIVE LIMITSSection I ExportationArticle 61. The competent authorities of Hungary shall issue an export licence in respect of all consignments from Hungary 31. 12. 92of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified under the provisions of this Protocol and of textile products subject to any quantitative limits or surveillance system established as a result of the application of Articles 7 and 8 of the Protocol.Article 71. The export licence shall conform to the model annexed to this Appendix and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Economic Community is applied. However, where the Community has made recourse to the provisions of Articles 7 and 8 in accordance with the provision of Agreed Minute No 1, or to 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. Each export licence must certify, inter alia, that the quantity of product in question has been set off against the quantitative limit established for the category of the product concerned and shall only cover one of the categories of products listed in Annex II to the Protocol. It is to be used for one or more consignments of the products in question.3. Where the conversion rate provided for in Annex II is applied, the following note must be inserted in box 9 of the export licence: 'Conversion rate for garments of a commercial size not exceeding 130 cm is to be applied`.Article 8The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already delivered.Article 91. Exports shall be set of 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 in accordance with this Protocol 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, vehicle 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 were shipped.Section II ImportationArticle 11Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.Article 121. The competent authorities of the Community shall issue the import authorization or document referred to in Article 11 above, automatically within a maximum of five working days of the presentation by the importer of the
on 10 December 1992.The Mission of the Republic of Hungary wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Protocol, the Government of the Republic of Hungary is prepared to allow the provisions of the Protocol to apply de facto from 1 January 1993. This is on the understanding that either party may at any time terminate this de facto application of the Protocol provided that 120 day's notice is given.The Mission of the Republic of Hungary to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations the assurance of its highest consideration. the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.2. If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the application of this Protocol. Any consultations held under this Article shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.Article 151. This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. This Protocol shall apply with effect from 1 January 1993. It shall expire at the end of the period referred to in Agreed Minute N° 5.2. Either Party may at any time propose consultations in accordance with Article 14, with a view to agreeing amendments to this Protocol.3. Either Party may, at any time, denounce this Protocol by notifying the other Party. This Protocol shall cease to apply six months after the date of such notification and the quantitative limits established under this Protocol shall be reduced proportionately.4. The Annexes, Appendices, Agreed Minutes and joint memoranda attached to this Protocol shall form an integral part thereof.5. This Protocol shall form a integral part of the Europe Agreement between the Community and Hungary, signed on 16 December 1991 and of the Interim Agreement signed between the Parties on the same date.Article 16This Protocol shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Hungarian languages, each of those texts being equally authentic.ANNEX I A PRODUCTS REFERRED TO IN ARTICLE 1 (1) 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 hair, of cotton or of man-made fibres.2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.3. Where the expression 'babies` garments' is used, this is meant to cover 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 I B Products referred to in Article 1 (1) >POSIÇÃO NUMA TABELA>ANNEX II COMMUNITY QUANTITATIVE LIMITS FOR HUNGARY (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)>POSIÇÃO NUMA TABELA>ANNEX III HUNGARIAN CEILINGS ON COMMUNITY EXPORTSPART 1 (The full product descriptions are to be found in Annex III, Part 2, to the Protocol)COMMUNITY CEILINGS WITHIN THE HUNGARIAN GLOBAL QUOTAAmounts are given in millions of US dollars >POSIÇÃO NUMA TABELA>PART 2 (List of products to annex III Part 1) >POSIÇÃO NUMA TABELA>Appendix A TITLE I CLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Hungary 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 shall inform the competent authorities of Hungary of any decisions relating to he classification of products subject to the present Protocol, within one month of their adoption at the latest. Such communication shall include:(a) a description of the products concerned;(b) the relevant category, related CN codes;(c) the reasons which have led to the decision.3. Where a classification decision results in a change of classification practice or a change in category of any product subject to the present Protocol, the affected products shall follow the trade regime applicable to the practice or category they fall into after such change, as provided for in this Protocol. Any such decision shall enter into force 30 days after it has been notified to the other Party.The Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 14 of the Protocol with a view to honouring the obligation under Article 2 (2) of the Protocol.Products shipped before the date of the application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation within 60 days of that date.4. In case of divergent opinions between Hungary and the competent Community authorities at the point of entry into the Community on Hungary;(b) garments or other textile articles of a kind traditionally made in the cottage industry of Hungary obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore products of Hungary made by hand, as in the attached list agreed between the Community and Hungary.Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen attached to this Appendix and issued by the competent authorities in the supplying Party. These certificates must indicate the reasons justifying their issue; the competent authorities of the importing Party will accept them after having checked that the products concerned have fulfilled the conditions established in this Appendix. The certificates concerning the products envisaged in indent (c) above must bear a stamp 'FOLKLORE` marked clearly. In the case of a difference of opinion between the Parties concerning the nature of these products, consultations shall be held within one month in order to resolve these differences.Should imports of any product covered by this Appendix reach proportions liable to cause problems within the Community, consultations with Hungary shall be initiated as soon as possible, with a view to resolving the situation by the adoption if necessary of a quantitative limit, in accordance with the procedure laid down in Article 14 of this Protocol.2. The provisions of Parts IV and V of Appendix A shall apply mutatis mutandis to the products covered by paragraph 1 of this Appendix.Annex to Appendix C Agreed list of traditional Hungarian folklore textile handicraftsThis list covers only those textile products linked historically and uniquely with traditional Hungarian folklore.They are garments in the style of blouses, shirt-blouses and tunics as well as waistcoats, aprons, table linen, shawls and scarves.These products, of which the names, descriptions and styles are shown below, have the following characteristics:- they are produced in Hungarian handicraft workshops,- they are embellished in the Hungarian folklore styles with embroidery executed entirely by hand,- they do not include products with appliqued embroidery,- they do not include garments with zips. >POSIÇÃO NUMA TABELA> >INÍCIO DE GRÁFICO>>FIM DE GRÁFICO>Agreed Minute N° 1 In the context of the Protocol between the European Economic Community and the Republic of Hungary on trade in textile and clothing products, initialled on 10 December 1992, the Parties agreed that Articles 7 and 8 of the Protocol do not preclude the Community, if the conditions are fulfilled, from applying the surveillance system or the safeguard measures for one or more of its regions in conformity with the principles of the internal market.In such an event, the Republic of Hungary shall be informed in advance of the relevant provisions of Appendix A to this Protocol to be applied, as appropriate.For the Government of the Republic of HungaryFor the Council of the European CommunitiesAgreed Minute N° 2 Nothwithstanding Article 12 (1) of this Protocol, for imperative technical or administrative reasons or to find a solution to economic problems from regional concentration of imports, or in order to combat circumvention and fraud of the provisions of this Protocol, the Community will establish for a limited period of time a specific management system in conformity with the principles of the internal market.However, if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article 12 (3), Hungary undertakes, if so requested by the Community, to respect temporary export limits for one or more of regions of the Community. In such a case, these limits shall not preclude the importation into the region(s) concerned of products which were shipped from Hungary on the basis of export licences obtained before the date of formal notification to Hungary by the Community about the introduction of the above limits.The Community shall inform Hungary of the technical and administrative measures, such as defined in the attached note verbale, that need to be introduced by both Parties in order to implement the above paragraphs in conformity with the principles of the internal market.For the Government of the Republic of HungaryFor the Council of the European CommunitiesNote verbale The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Republic of Hungary to the European Communities and has the honour to refer to the Protocol on textile products negotiated between the Republic of Hungary and the Community initialled on 10 December 1992.The Directorate-General wishes to inform the Mission of the Republic of Hungary that the Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute No 2 to the Protocol initialled on 10 December 1992. Consequently, the corresponding provisions of Articles 7 and 12 of Appendix A to the Protocol shall also be applied as of the above date.The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Republic of Hungary to the European Communities the assurance of its highest consideration.Agreed Minute N° 3 In the context of the Protocol between the European Economic Community and the Republic ADDITIONAL PROTOCOL to the Europe Agreement on trade in textile products between the European Economic Community and the Republic of HungaryTHE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF HUNGARY,of the other part,DESIRING to promote, with a view to permanent cooperation and in conditions providing the utmost security for trade, the mutual expansion and orderly and equitable development of trade in textile products between the European Economic Community (hereinafter the 'Community`) and the Republic of Hungary (hereinafter 'Hungary`),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, in particular in order to eliminate the real dangers of damage to both the Community and Hungarian markets for textile products,BEARING IN MIND the objectives of the Europe Agreement between the Community and Hungary signed in Brussels on 16 December 1991 and, in particular, those referred to in Article 1 thereof,HAVING REGARD to the Europe Agreement and in particular Article 15 thereof,HAVING REGARD to the Interim Agreement between the Community and Hungary signed in Brussels on 16 December 1991 and in particular to Article 9 thereof,HAVING REGARD to Protocol 1 on textile and clothing products to the Europe Agreement and to the Interim Agreement, and in particular to Article 3 thereof,HAVE DECIDED to conclude this Protocol and to this end have designated as their Plenipotentiaries:THE COUNCIL OF THE EUROPEAN COMMUNITIES:THE GOVERNMENT OF THE REPUBLIC OF HUNGARY:WHO HAVE AGREED AS FOLLOWS:Article 11. The further development of trade and industrial cooperation between the textile and clothing industries in the Community and in Hungary is an underlying principle of this Protocol which establishes the quantitative arrangements applicable to trade in textile and clothing products (hereinafter 'textile product`) originating in Hungary and in the Community, which are listed in Annex I A and I B to this Protocol.2. Under the terms of this Protocol, all quantitative restrictions and measures of equivalent effect on imports in both Parties on textile products originating in the other Party, shall be eliminated at the end of the period referred to in Agreed Minute No 5.3. Consultations will be held during the third year of application of this Protocol on the global situation and progress towards final liberalization.Article 21. The classification of the products covered by this Protocol and imported into the Community 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. The Hungarian customs tariff shall be applied to the classification of goods for imports into Hungary.2. The Parties agree that the introduction of changes, such as changes in practices, rules, procedures and categorization of textile products, including those changes relating to the Harmonized System and the combined nomenclature, in the implementation or administration of those restrictions applied under this Protocol, should not affect the balance of rights and obligations between the Parties under this Protocol; adversely affect the access available to a Party; impede the full utilization of such access; or disrupt trade under this Protocol. The Party initiating any such changes shall inform the other Party before their entry into force.The procedures for implementation of classification changes are set out in Appendix A.3. The origin of the products covered by this Protocol shall be determined in accordance with the rules of origin in force in the Community.Hungary shall be notified of any amendments to the said rules of origin.The procedures for checking the origin of the textile products are laid down in Appendix A.Article 31. Hungary hereby agrees for each of the years of the Protocol's application to restrain its exports to the Community of the products included in Annex II to the limits set out therein.2. The number and level of quantitative restrictions applied to direct imports of textile products, expressed in terms of Harmonized System ('HS`) codes, of Community origin into Hungary for each year of the Protocol's application are listed in Annex III to this Protocol.3. Unless it is otherwise provided for in this Protocol, Hungary and the Community hereby agree not to introduce new quantitative restrictions or measures of equivalent effect, on trade in textile products between the two Parties, and not to increase the number of existing ones as compared to those in force on 31 December 1992.4. Exports to the Community of textile products listed in Annex II and originating in Hungary shall be subject to a double-checking system as specified in Appendix A.Article 41. Hungary and the Community recognize the special and differential character of reimports of textile products into the Community after processing, manufacturing or working in Hungary as a specific form of industrial and trade cooperation.2. Save where it is otherwise provided for in Appendix B, such reimports into the Community shall not be subject to the quantitative limits of the products