its agreement to the foregoing.The Mission of the Republic of Korea to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations of the Commission of the European Communities the assurance of its highest consideration.Exchange of Notes The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Republic of Korea to the European Communities and has the honour to refer to the Note of 7 August 1986 regarding the Agreement on trade in textile products between the Republic of Korea and the Community initialled on 7 August 1986.The Directorate-General wishes to confirm 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.The Directorate-General for External Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of the Republic of Korea to the European Communities the assurance of its highest consideration.
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. The Republic of Korea and the Community agree to cooperate fully in preventing the circumvention of this 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 Korean 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 (1), with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under this Agreement.3. Pending the result of the consultations referred to in paragraph 2, the Republic of Korea 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, 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 Korean origin.Article 121. The Republic of Korea 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. Should there be an excessive concentration of imports on any product within a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 16 of this Agreement with a view to remedying this situation. Article 13Should recourse be had to the denunciation provisions of Article 18 (4), the quantitative limits established in Annex II shall be adapted on a pro rata basis. Article 141. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down by the Community into shares for each of its Member States.2. Portions of the quantitative limits established in Annex II not used in one Member State of the Community may be reallocated to another Member State in accordance with the procedures in force in the Community.The Community undertakes to examine with care and reply within four weeks to any request made for reallocation by the Republic of Korea. In the event of agreement on such reallocation, the flexibility provisions set out in Article 7 shall continue to be applicable to the levels of the original allocation.If, in the course of the application of this Agreement, the Republic of Korea 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 Article 16 with a view to reaching a mutually satisfactory solution.3. After the first of June of each year of application of the Agreement, the Republic of Korea may transfer, subject to prior notification to the Community, the unused quantities of 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 thefollowing percentages of the quota-share to which the transfer is made:- 1 % in the first year of the application of the Agreement,- 2 % in the second year of the application of the Agreement,- 4 % in the third year of the application of the Agreement,- 6 % in the fourth year of the application of the Agreement.The percentage in the fifth year of application of the Agreement shall be determined following consultation 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 are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.Article 151. The Republic of Korea and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocol A.2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and the Republic of Korea.3. Should either Party find that Avis juridique important|21987A0914(02)Acordo entre a Comunidade Económica Europeia e a República da Coreia sobre o comércio internacional de têxteis - Protocolo A - Protocolo B - Protocolo C - Protocolo D - Actas aprovadas - Trocas de notas Tradução não oficial Jornal Oficial nº L 263 de 14/09/1987 p. 0038 - 0079 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 the Republic of Korea;(b) garments or other textile articles of a kind traditionally made in the cottage industry of the Republic of Korea obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore textile products of the Republic of Korea made by hand in the cottage industry of the Republic of Korea as defined in a list to be agreed between both Parties, and Korean items as listed in paragraph (f) below;(d) tackwondo suits being hand-sewn, specialist sportwear garments, whose characteristics include looseness of fit and the absence of any other than tie fastenings;(e) fabrics, not exceeding 24×48 inches in size, containing hand-embroidered or hand-painted Korean scenes and used primarily as decorations or art objects;(f) traditional Korean items as listed below:Woman's JogoriA traditional Korean short blouse for women extending to just below the bust with a tight bodice and long loose sleeves whose width at the elbow is greater than at the armhole and at the wrist. It has a V-shaped neck with a white fixed collar, about 1,5 to 2,5 cm wide and a full-length front opening from the bottom of the V-shaped neck opening. The Jogori has no buttons, but sometimes has fixed ties for closure of front opening. The garment is lined.ChimaA traditional Korean long skirt for everyday wear. It is loose fitting and extends from above the bust to the ground or ankle. It has a full-length side opening without buttons and extends above the bust without shoulder straps.It has a pleated breast band and two fixed fastening ties about 2 to 3 cm wide, made of the same fabric as the breast band and attached at either side of the vertical opening. The garment is lined. The Chima has no pockets.DurumagiA traditional Korean woman's dress for everyday wear. It is an ankle length, ample, formless garment with long and very wide sleeves which are wider at the elbow than at the armhole and at the wrist. It has a V-shaped neck with a fixed about 1,5 to 2,5 cm wide collar, made of a fabric different from the fabric of the dress itself and always white. The Durumagi has a full length front opening, without buttons. For closure of the dress it has two about 5 to 7 cm wide ties fixed to the outside just below the neck, on either side of the front opening. These ties are made of the same fabric as the dress and they are so long that they reach the bottom of the dress, one being slightly longer than the other. The Durumagi may have two inset side pockets at waist level. The dress is fully lined with a fabric different from the outside fabric.Man's JogoriThis is a short traditional Korean man's jacket for everyday wear. It is loose fitting, has a central front opening and long, loose sleeves which are wider in diameter at the elbow than at the armhole and at the wrist. It has a V-shaped neck with an about 1,5 to 2,5 cm wide, white collar of a fabric different from that of the garment. It has two attached ties for fastening it. These are about 5 to 7 cm wide, made of the same material as the jacket and fixed on either side of the front opening just below the V-shaped collar. The Jogori has no pockets and is always fully lined with a fabric different from the outside fabric.BajeeTraditional Korean men's long trousers. They are very loose, the width of the legs being smalled at the ankle and gradually increasing upward. The Bajee have a waistband approximately 20 cm wide. They have no front or side openings and no pockets. The trousers are fully lined with a fabric different from the outside fabric. The space between the outer fabric and the lining may be filled with cotton. The Bajee have no buttons.MagojaThis is a traditional Korean man's jacket for elegant use. It is approximately waist length, loose fitting, has a V-shaped neck opening without a collar, a central front opening the entire length of the jacket fastened by one or two buttons both placed immediately below the bottom of the V-shaped opening. It has no pockets and no buttons, whether on the sleeves or elsewhere, other than those already mentioned. It is lined with a fabric different from the main fabric.JokiThis is a traditional Korean man's waistcoat. It is sleeveless with a collarless V-shaped neck opening. The front opens from the neck to the bottom of the waistcoat. It has four to six buttons, and an outside front pocket on each side; these pockets have neither flaps nor buttons. AGREEMENT between the European Economic Community and the Republic of Korea on trade in textile products Done at Brussels on 7 August 1986THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF KOREA,of the other part,DESIRING to achieve the expansion of the trade and 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 Korea,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 the Republic of Korea,HAVING REGARD to the Arrangement regarding International Trade in Textiles (hereinafter referred to as 'the Geneva Arrangement'), and in particular Article 4 thereof, and to the conditions set out in the Protocol extending the 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 THE REPUBLIC OF KOREA: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 the Republic of Korea which are listed in Annex I.2. The classification of the products covered by this Agreement is based on the Nomenclature 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 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.Any amendment to these rules of origin shall be communicated to the Republic of Korea and shall not have the effect of reducing any quantitative limit established in Annex II.The procedures for control of the origin of the products referred to above are laid down in Protocol A.Article 3The Republic of Korea agrees for each Agreement year to restrain its exports to the Community of the products described in Annex II to the limits set out therein.Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.Article 4The Republic of Korea and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in the Republic of Korea.Such re-imports may be agreed 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 5Exports of cottage industry fabrics woven on hand- or foot-operated looms, garments or other articles obtained manually from such fabrics and traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products 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 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 Korean authorities, and to proof of origin in accordance with the provisions of Protocol A.2. Where the Community authorities have evidence that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported outside the Community, the authorities concerned shall inform the Korean authorities within four weeks of the quantities involved and authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit