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 Indonesian 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 established under this Agreement for the current or the following year.Article 71. In any Agreement year advance use of a portion of the quantitative limit established for the following Agreement year is authorized for each category of products up to 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 the amounts not used during any Agreement year is authorized for each category of products up to 7 % of the quantitative limit for the current Agreement year.3. Transfers in respect of categories in Group I shall not be made from any category except as follows:- transfers between categories 2 and 3 and from category 1 to categories 2 and 3 may be made up to 7 % of the quantitative limit for the category to which the transfer is made,- transfers between categories 4, 5, 6, 7 and 8 may be made up to 7 % of the quantitative limit for the category to which the transfer is made.Transfers into any category in Groups II and III may be made from any category or categories in Groups I, II and III up to 7 % of the quantitative limit for the category to which the transfer is made.4. The table of equivalence applicable to the transfers referred to above is given in Annex I to this Agreement.5. The increase in any category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 above during an Agreement year shall not exceed 17 %.6. Prior notification shall be given by the authorities of Indonesia in the event of recourse to the provisions of paragraphs 1, 2 and 3 above.Article 81. Exports of textile products not listed in Annex II to this Agreement may be made subject to quantitative limits by Indonesia on the conditions laid down in the following paragraphs.2. Where the Community finds, under the system of administrative control set up, that the level of imports of products in a given category not listed in Annex II originating in Indonesia exceeds, in relation to the preceding year's total imports into the Community from all sources of products in that category, the following rates:- 1 % for categories of products in Group I,- 5 % for categories of products in Group II,- 10 % for categories of products in Group III,it may request the opening of consultations in accordance with the procedure described in Article 16 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category.The Community shall authorize the importation of products of the said category shipped from Indonesia before the date on which the request for consultations was submitted.3. Pending a mutually satisfactory solution, Indonesia undertakes to limit exports of the products in the category concerned to the Community or to the regions of the Community market specified by the Community for a provisional period of three months from the date on which the request for consultations is made. Such provisional limit shall be established at 25 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2, and gave rise to the request for consultation or 25 % of the level resulting from the application of the formula set out in paragraph 2, whichever is the higher.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, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 2, or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultations, whichever is the higher.The annual level so fixed shall be revised upwards after consultations in accordance with the procedure referred to in Article 16, with a view to fulfilling the conditions set out in paragraph 2, should the trend of total imports into the Community of the product in question make this necessary.5. The limits introduced under paragraph 2 or paragraph 4 may in no case be lower than the level of imports of products in that category originating in Indonesia in 1986.6. Quantitative limits may also be established by the Community on a regional basis in accordance with the provisions of Protocol C.7. The annual growth 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
D The annual growth rate for the quantitative limits introduced under Article 8 of the Agreement shall be determined as follows: For products in categories falling within Group I, II, III, the growth rate shall be fixed by Agreement between the Parties in accordance with the consultation procedure established in Article 16 of the Agreement. Such growth rate may in no case be lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of Indonesia.PROTOCOL E Re-imports in the sense of Article 4 (2) of this Agreement into the Community of products listed in the Annex to this Protocol shall be subject to the provisions of the Agreement except as specifically provided for by the particular provisions set out below:1. Only re-imports into the Community subject to the specific quantitative limits set out in the Annex to this Protocol, as may be modified by the application of paragraphs 2 and 3, shall be considered re-imports in the sense of Article 4 (2).2. Re-imports not covered by the Annex may be submitted to specific quantitative limits following consultations in accordance with the procedures set out in Article 16 of the Agreement, provided the products concerned are subject to the quantitative limits established under Annex II to the Agreement.3. The Community may, at its own discretion, and bearing in mind the interest of both parties, or in the framework of a request set out in Article 16 of the Agreement:(a) examine the possibilities of transfers between categories and advance use or carryover of portions of specific quantitative limits from one year to another;(b) consider the scope for reallocating portions of any specific quantitative limits not used in one region of the Community to another region.4. However the Community may automatically carry out the flexibilities in the sense of paragraph 3 up to the following extent:(a) transfer between categories up to 20 % of the share established for the category to which the transfer is made;(b) carryover of specific quantitative limits from one year to another up to 10,5 % of the share for the year of actual utilization;(c) advance use of specific quantitative limits from one year to another up to 7,5 % of the share for the year of actual utilization.5. The Community shall inform Indonesia of any measures taken pursuant to the preceding paragraphs.6. Debiting against a specific quantitative limit referred to in paragraph 1 shall be carried out by the competent authorities of the Community at the time of issuing the prior authorization provided for by the Community Regulation on economic outward processing, Regulation (EEC) N° 636/82. A specific quantitative limit shall be debited for the year in which a prior authorization is issued.7. A certificate of origin shall be issued for all products covered by the present Protocol by Indonesia in accordance with the provisions of Protocol A of the Agreement, bearing a reference to the prior authorization referred to in paragraph 6 as evidence that the processing operation described in the prior authorization has been carried out in Indonesia.8. The Community shall provide Indonesia with the names, addresses and the specimens of stamps used by the competent authorities of the Community for the issue of the prior authorizations referred to in paragraph 6.9. Notwithstanding the provisions of paragraphs 1 to 8 above Indonesia and the Community will continue to consult together to seek a mutually acceptable means to enable both parties to take advantage of the OPT provisions in the Agreement with a view to effective development of trade in textiles between Indonesia and the Community.Annex to Protocol EOPT QUANTITATIVE LIMITSFor practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form>POSIÇÃO NUMA TABELA>PROTOCOL F The Community and Indonesia agree that if the Multifibre Arrangement is extended for a period going beyond 31 December 1990 then the present Agreement will be automatically prolonged for a further period of one year up to 31 December 1991 in accordance with the economic and technical terms of the existing Agreement, with the adaptations strictly necessary for the application of the Agreement for the fifth year.Joint Declaration concerning batik fabrics and products thereof A.The Community and Indonesia agree that batik fabric may not be described as having been produced by the traditional handicraft batik process unless, for each of the colours or shades applied to the fabric, each of the following three operations has been carried out by hand:(a)waxing (application of wax by hand to the fabric);(b)dyeing/painting (application of colour either by the traditional cottage method of dyeing or by hand-painting);(c)de-waxing (boiling the fabric to remove the wax).B.The parties hereby further agree to the following arrangements:1.The competent Community authorities will accept as traditional folklore handicraft textile products within the meaning of Article 1 (c) of Protocol B all by hand-painting);(c)de-waxing (boiling the fabric to remove the wax).B.The parties hereby further agree to the following arrangements:1.The competent Community authorities will accept as traditional folklore handicraft textile products within the meaning of Article 1 (c) of Protocol B all batik fabrics, irrespective of the method of manufacture of the basic fabric, and all products made or made up therefrom, whether sewn by hand or on a hand- or foot-operated sewing machine, provided that the process of applying colours and shades to the fabric has been the traditional handicraft batik process described at A above, and subject to appropriate certification by the competent Indonesian authorities.2.The competent Indonesian authorities will issue certificates conforming to the model annexed to Protocol B for batik fabrics or products thereof only when such fabrics or products have been produced by the processes, including in particular the traditional handicraft batik process, specified in the preceding paragraph.Done at Brussels, 28 June 1986.Head of Delegation of the Republic of IndonesiaEuropean Economic CommunityAgreed Minute In the context of the Agreement between the Community and Indonesia on trade in textile products initialled on 28 June 1986 the Community declared its readiness to consider in a spirit of cooperation any request made by Indonesia for advance use and carryover of a portion of any quantitative limit, as provided for in Article 7 (1) and (2) of the Agreement, beyond the extent provided for in the said Article 7.It was agreed that advance use of a portion of the quantitative limits for 1987 for each category of products is authorized up to 5 % of the corresponding quantitative limit for 1986.It was further agreed that carryover to the quantitative limits for the year 1987 of amounts not used during the year 1986 is authorized up to 7 % of the corresponding quantitative limit for 1987.Head of Delegation of the Republic of IndonesiaEuropean Economic CommunityExchange of Notes The Mission of the Republic of Indonesia to the European Communities presents its compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Agreement on trade in textile products between Indonesia and the Community initialled on 28 June 1986.The Mission 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 Government of the Republic of Indonesia 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.The Mission would be grateful if the Community would confirm its agreement to the foregoing.The Mission of the Republic of Indonesia 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 Indonesia to the European Communities and has the honour to refer to the Note of 28 June 1986 regarding the Agreement on trade in textile products between Indonesia and the Community initialled on 28 June 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 Indonesia to the European Communities the assurance of its highest consideration.Agreed Minute The Community and Indonesia agree that transfers of quantitative limits of one ASEAN country into quantitative limits of another ASEAN country into any category of Groups I, II and III may be made, after notification, up to 10 % of the regional share of a quantitative limit to which the transfer is made, provided that an equivalent quantity is deducted from the share of the corresponding quantitative limit for the same region established in the Community's Agreement with another ASEAN country.Implementation of such transfers shall be subject to receipt of a corresponding notification from the ASEAN country accepting a deduction of the quantitative limit concerned.Such transfers shall be applicable for the year during which the notification is made.Head of Delegation of the Republic of IndonesiaEuropean Economic Community 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 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 Indonesia.SECTION IITransitional and final provisionsArticle 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 1990.2. 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 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, Protocols, Agreed Minutes, the Joint Declaration and Memorandum of Understanding 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 and Spanish languages, each of these texts being equally authentic.ANNEX 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 in Annex I are given in the present Annex in abbreviated form >POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>PROTOCOL A TITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Indonesia 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 Indonesia 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 day's 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 Indonesia for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Indonesian origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be issued by the competent governmental authorities of Indonesia 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 Indonesia within the meaning Avis juridique important|21987A0819(02)Acordo entre a Comunidade Económica Europeia e a República da Indonésia sobre o comércio de produtos têxteis - Protocolo A - Protocolo B - Protocolo C - Protocolo D - Protocolo E - Protocolo F - Actas aprovadas - Trocas de notas Tradução não oficial Jornal Oficial nº L 233 de 19/08/1987 p. 0039 - 0080 L 329 28/11/1990