limits for the year 1987 is authorized up to 5 % for any quantitative limit for the year 1986. Head of Delegation of the Islamic Republic of PakistanHead of Delegation of the European Economic CommunityAgreed Minute With reference to Article 14 (3) of the Agreement on trade in textiles between the European Economic Community and the Islamic Republic of Pakistan, initialled on 12 September 1986, it is understood that the percentage for the fifth year of the application of the Agreement will be at least equal to the percentage applicable in the fourth year. Head of Delegation of the Islamic Republic of PakistanHead of Delegation of the European Economic CommunityExchange of Notes The Mission of the Islamic Republic of Pakistan 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 the Islamic Republic of Pakistan and the Community initialled on 12 September 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 Islamic Republic of Pakistan 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 Islamic Republic of Pakistan to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations 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 Islamic Republic of Pakistan to the European Communities and has the honour to refer to the Note regarding the Agreement on trade in textile products between the Islamic Republic of Pakistan and the Community initalled on 12 September 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 Islamic Republic of Pakistan to the European Communities the assurance of its highest consideration.
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 origin.Article 121. Pakistan 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 Pakistan. 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, Pakistan 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, Pakistan 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 the followingpercentages of the quota-share to which the transfer is made:- 2 % in the first year of the application of the Agreement,- 4 % in the second year of the application of the Agreement,- 8 % in the third year of the application of the Agreement,- 12 % in the fourth year of the application of the Agreement.The percentage in the fifth year of the 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. Pakistan 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 Pakistan.3. Should either Party find that the application of this Agreement is disturbing existing commercial relations between importers in the Community and suppliers in Pakistan consultations shall be started promptly, in accordance with the procedure specified in Article 16 with a view to remedying this situation.Article 161. 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,- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the 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 one month at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within one further month 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 from 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 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 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 Pakistani 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 1, 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 %.Prior notification shall be given by the authorities of Pakistan 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 Pakistan 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 Pakistan 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 Pakistan before the date on which the request for consultations was submitted.3. Pending a mutually satisfactory solution, Pakistan 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 Pakistan 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 Community, and not as a result of an increase in exports 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 unwoven threads. 4.SHISHA EMBROIDERED BALUCHI SHIRT OR DRESSTraditional mirror embroidery on plain, printed or striped material, worn by the people of Sindh and Baluchistan. Short, medium or long according to the areas from which they come. 5.CIMMARBANDAntique and embroidered wide belts worn around the waist, with heavy mirrored embroidery. 6.QUETTA JACKETSLoose vest worn over kurta by men and women. Made either of printed material or of embroidered material with mirror on plain colours. 7.AJRAK KAFTAN (maxi)Traditional Sindhi printed dress of ankle length (blue and red prints), worn by women in the Sindh region. Ajrak short dress/shirts are also worn by men in this area. 8.PUSHTOON STAR KHATCotton printed, dyed or plain long dress, ankle length with extra wide or simple sleeves. Women of North-West Frontier Province wear this dress. 9.BURQALoose tunic or dress with hood attached, worn by ladies when going out of the house. Worn as an outer covering and often gaily embroidered or handprinted.10.MULTANI CHOLIShort bodice with or without sleeves.11.EMBROIDERED KURTA-SHIRTType of shirt or loose tunic worn throughout Pakistan over loose trousers. Embroidered in different colours. Adapted from Angarkha by King Ahmad Shah Abdali. Worn short or long; triangular inserts at the armpits.12.SINDHI KAMEEZ (shirt)Cotton, plain dyed and printed shirt with extra wide sleeves (long) worn with shalwar by women in Sindh.13.PESHAWARI WAISTCOATSmall jacket type of dress worn over kameez (shirt) by the women and men in the North-West Frontier Province. Heavily embroidered with or without mirror and golden embroidery.14.MOHENJODARO JULABA/SINDHI SHIRTShort or full-length printed dress worn with shalwar (trousers), mostly by men and women in the qreqs of Mohenjodaro valley.15.MULTANI KURTA SHIRTCrocheted worked short or long tunic worn by the peasants in Punjab. Crocheted work located at the neck and front; triangular inserts at the armpits.16.RILLI KURTA SHIRTKurta (shirt) of heavy fabric patchworked decorations appliqued by hand, worn by women of Sindh.17.SINDHI JULABAVery loose ankle-length dress in handloom or hand-blocked material with a hook attached at lower part. Extending to lowest hem. Worn in the villages of Sindh. Can also be embroidered.18.BATWADrawstring pouches, bags, purses or a string bag. Gaily printed or hand-embroidered or with mirrors or made with coloured strings.19.SWATI SMOCKING DRESSLarge and short dress with or without sleeves (maroon colour), worn with smocking by the ladies of Swat and other areas of North West Frontier Province.20.BALUCHI KAMEEZ (shirt)Embroidered top worn by the women of Baluchistan over shalwar or Turkish trousers. Flared tunic with extra wide sleeves tapering to a buttoned cuff.21.COTTON EMBROIDERED KAFTANKaftan in the traditional embroidery of Multan, Makran, Dera Ghazi Khan and Nuchki - long, loose-fitting dress with embroidery around top and bottom with side slits of about 28 inches to the lower hem.22.GHAGRAAnkle-length, loose-fitting skirt with drawstring around the waist or hooks, worn with either a fitted or loose chooli (blouse), with traditional colours embroidered or hand-printed. Worn in the Tharparker area of Sindh.PROTOCOL C Under Article 8 (6) of the Agreement, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community in relation to the amounts determined in accordance with paragraph 2 of the said Article 8 exceed the following regional percentage:Germany // 25,5 %Benelux // 9,5 %France // 16,5 %Italy // 13,5 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