in paragraph 2 above fail to lead to an agreement within 30 days of the Community's request for consultations, the Community may, until these consultations have produced a mutually satisfactory solution, temporarily refuse consignments of the product in question at prices under the conditions referred to in paragraph 1 above.5. In totally exceptional and critical circumstances, where consignments of products are being imported from Russia into the Community at prices abnormally lower than the normal competitive level, such as to cause injury which it would be difficult to repair, the Community may temporarily suspend imports of the products concerned pending agreement on a solution in the course of consultations, which shall be opened immediately. The Contracting Parties shall do their utmost to reach a mutually acceptable solution within 10 working days' notice of the opening of such consultations.6. Should the Community have recourse to the measures referred to in paragraphs 4 and 5 above, Russia may at any time request the opening of consultations to examine the possibility of eliminating or modifying these measures where the causes which made them necessary no longer exist.Article 111. The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the Community (hereinafter called the 'combined nomenclature', or in abbreviated for 'CN') and any amendments thereof.Where any decision on classification results in a change of classification practice or a change of category of any product subject to this Agreement the affected products shall follow the trade regime applicable to the practice or category they fall into after such changes.Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning categories of products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing quantitative limits introduced pursuant to this Agreement.2. 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 Russia 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 121. Russia shall supply the Commission with precise statistical information on all export licences issued for categories of textile products subject to the quantitative limits set out in Annex II, expressed in quantities and in terms of value and broken down by Member States of the Community, as well as on all certificates issued by the competent Russian authorities for products referred to in Article 9 and subject to the provisions of Protocol B.2. The Community shall likewise transmit to the Russian authorities precise statistical information on import authorizations issued by the Community authorities and import statistics for products covered by the system referred to in Article 5 (2).3. The information referred to above shall, for all categories of products, be forwarded before the end of the month following the month to which the statistics relate.4. Upon request by the Community, Russia shall supply import statistics for all products covered by Annex I.5. Should it be found on analysis of the information exchanged that there are significant discrepancies between the returns for exports and those for imports, consultations may be initiated in accordance with the procedure specified in Article 15 of this Agreement.6. For the purpose of applying the provisions of Article 5, the Community undertakes to provide the Russian authorities before 15 April of each year with the preceding year's statistics on imports of all textile products covered by this Agreement, broken down by supplying country and Community Member State.Article 131. Russia shall create favourable conditions for imports of textile products originating in the Community listed in Annex I and, where appropriate inter alia, accord to them non-dicriminatory treatment as regards the application of quantitative restrictions, or any measures having equivalent effect to quantitative restrictions, and the granting of import licences.Article 141. The Contracting Parties agree to examine the trend of trade in textile products and garments each year, in the framework of the consultations provided for in Article 15 and on the basis of the statistics referred to in Article 12.2. If the Community finds that in the cases foreseen in Article 13 of this Agreement it is placed in an unfavourable position as compared with a third country, it may request consultations with Russia in accordance with the procedure specified in Article 15 with a view to taking appropriate action.Article 151. Save where it is otherwise provided for in this Agreement, the consultation procedures referred to in this Agreement other than those referred to in paragraph 2 of this Article, shall be governed by the following provisions:- as far as possible consultations shall be held periodically. Specific additional consultations may also be held,- any request for consultations shall be notified in writing to the other Contracting Party,- where appropriate, 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 report setting out the circumstances which, in the opinion of the requesting Party, justify the submission of such a request,- the Contracting Parties shall enter into consultations within one month of notification of the request at the latest, with a view
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 quantitative limits, the Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 15 of the Agreement with a view to honouring the obligation under the second subparagraph of Article 11 (1) of the Agreement.5. In case of divergent opinions between Russian and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 15 with a view to reaching agreement on definitive classification of the product concerned.TITLE II ORIGIN Article 21. Products originating in Russia for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Russian origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be certified by the competent Russian organizations authorized under the Russian legislation 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. However, the products in Group III, IV and V 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 Russia 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 completed in accordance with the relevant Community rules in order to qualify for generalized tariff preferences.Article 3The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. The competent Russian organizations authorized under Russian legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary 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 Russian 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 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 products shall 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 LIMITS Section I Exportation Article 61. The competent authorities of Russia shall issue an export licence in respect of all consignments from Russia of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Article 3, 4 and 6 of this Agreement, as well as of textile products subject to any definitive or provisional quantitative limits, established as a result of the application of Article 5 of the Agreement.Article 71. The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Economic Community applies. However, where the Community has made recourse to the provisions of Articles 5 and 7 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the 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 the product in question has been set off against the quantitative limit established for the category of the products concerned and shall only cover one category of products subject to quantitative limits. It may be used for one or more consignments of the products in question.Article 8The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.Article 91. Exports shall be set off 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 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, vehicule 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 have been shipped.Section II Importation Article 11Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization.Article 121. The competent authorities of the destruction of an export licence or a certificate of origin, the exporter may apply to the competent Russian authorities which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement 'duplicata' or 'duplicate'.2. The duplicate shall bear the date of the original export licence or certificate of origin.TITLE V ADMINISTRATIVE COOPERATION Article 17The Community and Russia shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges or views, including on technical matters, shall be facilitated by both Parties.Article 18In order to ensure the correct application of this Protocol, the Community and Russia offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.Article 19Russia shall send the Commission of the European Communities the names and addresses of the competent Russian authorities or of the competent Russian organizations authorized under Russian legislation to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures used by these authorities or organizations. Russia shall also notify the Commission of any change in this information.Article 201. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the competent Russian authorities, or organizations giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the declarations of origin provided for in Article 2 of this Protocol.4. The results of the subsequent verifications carried out in accordance with paragraphe 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies tot he goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.Should such verifications reveal systematic irregularities in the use of declarations of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.5. For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept for at least two years by the competent Russian authorities.6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for home use of the products in question.Article 211. Where the verification procedure referred to in Article 20 or where information available to the competent authorities of the Community or of Russia indicates or appears to indicate that the provisions of this Agreement are being circumvented or infringed, the two Contracting Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.2. To this end, the competent authorities of Russia shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Russia shall communicate the results, of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.3. By agreement between the Community and Russia, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.4. Pursuant to the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Russia shall exchange any information considered by either Contracting Party to be of use in preventing circumvention or infringement of the provisions of this Agreement. These exchanges may include information on the production of textile, products in Russia and on the trade in the type of products covered by this Agreement between Russia and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Russia prior to their importation into the Community. This information may include at the request of the Community copies of all available relevant documentation.5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Russia and the Community may agree to in transit across the territory of Russia prior to their importation into the Community. This information may include at the request of the Community copies of all available relevant documentation.5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Russia and the Community may agree to take the measures set out in Article 6 (4) of the Agreement, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement.Annex to Protocol A, Article 2 (1) >REFERÊNCIA A UMA IMAGEN>Annex to Protocol A, Article 7 (1) >REFERÊNCIA A UMA IMAGEN>PROTOCOL B referred to in Article 9 Cottage industry and folklore products originating in Russia1. The exemption provided for in Article 9 in respect of cottage industry products shall apply to the following types of product only:(a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made in the cottage industry of Russia;(b) garments or other textile articles of a kind traditionally made in the cottage industry of Russia obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;(c) traditional folklore products of Russia made by hand, in a list to be agreed between the Community and Russia.Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen attached to this Protocol and issued by the competent authorities in Russia. These certificates must indicate the reasons justifying their issuance; the competent authorities of the Community will accept them after having checked that the products concerned have fulfilled the conditions established in this Protocol. The certificates concerning the products envisaged in (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, concultations shall be held within one month in order to resolve these differences.Should imports of any product covered by this Protocol reach proportions liable to cause problems within the Community, consultations with Russia 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 15 of this Agreement.2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products covered by paragraph 1 of this Protocol.Annex to Protocol B >REFERÊNCIA A UMA IMAGEN>PROTOCOL C Reimports into the Community, within the meaning of Article 3 (3) of this Agreement, of products listed in the Annex to this Protocol shall be subject to the provisions of this Agreement, unless the special provisions below provide otherwise:1. Subject to paragraph 2, only reimports into the Community of products affected by the specific quantitative limits laid down in the Annex to this Protocol shall be considered reimports within the meaning of Article 3 (3) of the Agreement.2. Reimports not covered by the Annex to this Protocol may be made subject to specific quantitative limits following consultations in accordance with the procedures set out in Article 15 of the Agreement, provided the products concerned are subject to quantitative limits pursuant to the Agreement, to a double-checking system or to surveillance measures.3. Having regard to the interests of both Parties, the Community may at its discretion, or in response to a request under Article 15 of the Agreement:(a) examine the possibility of transferring from one category to another, using in advance or carrying over from one year to the next, portions of specific quantitative limits;(b) consider the possibility of increasing specific quantitative limits.4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above within the following limits:(a) transfers between categories may not exceed 20 % the quantity for the category to which the transfer is made;(b) carry-over of a specific quantitative limit from one year to the next may not exceed 10,5 % of the quantity set for the year of actual utilization;(c) advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the quantity set for the year of actual utilization.5. The Community shall inform Russia of any measures taken pursuant to the preceding paragraphs.6. The competent authorities in the Community shall debit the specific quantitative limits referred to in paragraph 1 at the time of issue of the prior authorization required by Council Regulation (EEC) No 636/82 which governs economic outward processing arrangements. A specific quantitative limit shall be debited for the year in which a prior authorization is issued.7. A certificate of origin made out by the organizations authorized to do so under Russian law shall be issued, in accordance with Protocol A to the Agreement, for all products covered by this Protocol. This certificate shall bear a reference to the prior authorization mentioned in paragraph 6 above as evidence that the processing operation it describes has been carried out in Russia.8. the Delegation of the European CommunitiesExchange of notes The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Russian Federation to the European Communities and has the honour to refer to the Agreement on textile products between Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993.The Directorate-General wishes to inform the Mission 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 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.The Directorate-General for External Relations would be grateful if the Mission would confirm its Agreement to the foregoing.The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Russian Federation to the European Communities the assurance of its highest consideration.Exchange of notes The Mission of the Russian Federation 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 between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993.The Mission of the Russian Federation 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 Agreement, the Government of the Russian Federation is prepared to allow the provisions of the Agreement 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 Agreement provided that 120 days' notice is given.The Mission of the Russian Federation 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.Agreed Minute No 5 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products initialled at Brussels on 12 June 1993, the Parties agreed that, in conformity with Article 19 (2), of the Agreement, the quantities of products originating in Russia shipped during the year 1993 and falling within one of the categories of textile products subject to the quantitative limits referred to in Article 2 (1) of the Agreement shall be set off against the quantitative limits established for the year 1993 for the category concerned.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesAgreed Minute No 6 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products initialled at Brussels on 12 June 1993, the Delegation of the Russian Federation, while accepting the provisions of Article 6 of the Agreement, expressed its concern over the effect of these provisions on the legitimate trade of products of true Russian origin. This refers in particular to paragraph 4 (c) of this Article, which provides for establishment of quantitative limits on unrestricted categories of products under the Agreement should it appear that the territory of Russia is involved in re-routing or transhipment of these products originating in third countries.The Community's Delegation took note of this concern.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesAgreed Minute No 7 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products, initialled at Brussels on 12 June 1993, the Russian Delegation informed the Community Delegation that it is introducing a new foreign trade statistical system projected to take effect on 1 January 1994, and for this reason it expressed its serious concern over its ability to comply technically with its obligation to supply the Community, notably during 1993, with import statistics for all products covered by Annex I, referred to in Article 12 (4) of the Agreement.The Community took note of the concern expressed by the Russian Federation. The Contracting Parties agreed to hold consultations, should the need arise, in order to avert any problems which might occur in this respect.For the Delegation of the Russian FederationFor the Delegation of the European CommunitiesAgreed Minute No 8 In the context of the Agreement between the European Economic Community and the Russian Federation on trade in textile products initialled at Brussels on 12 June 1993, the Community will give favourable consideration, upon request of the authorities of the Russian Federation, to the application of exceptional flexibilities for the year 1993 for products falling under the following categories, in so far as those requests do not exceed the following quantities in addition to the quantitative limits established in Annex II to the Agreement:category 4 1 million pieces, category 12 2,5 million pairs, category 23 450 tonnes.The details will be fixed, after the exact quota utilizations have been established by the Community.For the Delegation of the Russian FederationFor the Delegation of the European Communities