PROTOCOL on trade in textile products between the European Community and the Republic of Slovenia

THE COUNCIL OF THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA,

of the other part,

DESIRING 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 Community (hereinafter referred to as 'the Community`) and the Republic of Slovenia (hereinafter referred to as 'Slovenia`);

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 the real danger or damage to both the Community and Slovenian markets for textile products,

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 SLOVENIA,

WHO HAVE AGREED AS FOLLOWS:

Article 1

1. The further development of trade and industrial cooperation between the textile and clothing industries in the Community and in the Republic of Slovenia is an underlying principle of this Protocol which establishes the quantitative arrangements applicable to trade in textile and clothing products (hereinafter 'textile products`) originating in the Republic of Slovenia and in the Community, which are listed in Annex I.

2. Subject to 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 on the date of entry into force of this Protocol, except where otherwise provided for therein.

Article 2

1. The classification of the products covered by this Protocol 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.

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 the restrictions introduced 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 in force in the Community.

Any amendment to these rules of origin shall be communicated to Slovenia and shall not have the effect of reducing any quantitative limit established pursuant to this Protocol.

The procedures for control of the origin of the products referred to above are laid down in Appendix A.

Article 3

1. Subject to the provisions of this Protocol, exports from Slovenia to the Community of products listed in Annex I and originating in Slovenia shall, at the time of entry into force of this Agreement, be free from quantitative limits and measures of equivalent effect. Quantitative limits may subsequently be introduced under conditions specified in Article 8.

2. Should quantitative limits be introduced, exports of the textile products made subject to quantitative limits shall be subject to a double-checking system as specified in Appendix A.

3. At the time of entry into force of this Protocol, exports of products listed in Annex II, not subject to quantitative limits, shall be subject to the double-checking system referred to in paragraph 2.

4. Following consultations in accordance with the procedures set out in Article 13, exports of products in Annex I other than those listed in Annex II, may be subject, subsequently to the entry into force of this Protocol, to the double-checking system referred to in paragraph 2 or to a prior surveillance system.

Article 4

The Community and Slovenia recognize the special and differential character of reimports of textile products into the Community after processing, manufacturing or working in Slovenia as a specific form of industrial and trade cooperation.

Should quantitative limits be established under Article 8, provided that they are effected in accordance with the Regulations on economic outward processing in force in the Community, these reimports shall not be subject to these quantitative limits if they are subject to the specific arrangements laid down in Annex III.

No restrictions apply to imports into Slovenia of textile products of Community origin destined for re-export after having undergone inward processing operations in Slovenia.

Article 5

Exports of both Parties of cottage-industry fabrics woven on hand- or foot-operated looms, garments or other made-up articles obtained manually from such fabrics and of traditional folklore handicraft products shall not be subject to the quantitative limits established under this Protocol, provided that these products originating in Slovenia meet the conditions laid down in Appendix B.

Article 6

1. Imports into either of the Parties of textile products covered by this Protocol shall not be subject to the quantitative limits established under this Protocol, provided that they are declared to be for re-export from the importing Party in the same state or after processing, within the framework of the administrative system of control which exists in the Parties.

However, the release for home use of products imported into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the authorities of Slovenia, and to proof of origin in accordance with the provisions of Appendix A.

2. Where the competent authorities in one Party ascertain that imports of textile products have been set off against a quantitative limit established under this Protocol, but that the products have subsequently been re-exported from that Party, the authorities concerned shall inform the authorities of the other Party 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 Protocol for the current or the following year, as appropriate.

Article 7

Should quantitative limits be introduced under Article 8, the following provisions shall apply:

1. In any Protocol year advance use of a portion of the quantitative limit established for the following Protocol year is authorized for each category of products up to 6 % of the quantitative limit for the current Protocol year.

Amounts delivered in advance shall be deducted from the corresponding quantitative limits established for the following Protocol year.

2. Carry-over to the corresponding quantitative limit for the following Protocol year of the amounts not used during any Protocol year is authorized for each category of products up to 10 % of the quantitative limit for the current Protocol 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 limits 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 10 % 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 Protocol.

5. The increase in any category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 above during a Protocol year shall not exceed 17 %.

6. Prior notification shall be given by the exporting Party in the event of recourse to the provisions of paragraphs 1, 2 and 3 above, at least 15 days in advance.

Article 8

1. Exports of textile products to either Party may be made subject to quantitative limits in accordance with the following paragraphs.

2. Should one Party consider that imports of textile products originating in the other Party and covered by this Protocol take place in such increased quantities, or under such conditions, so as to cause serious damage or actual threat thereof, to the importing Party's production of like or directly competitive products, it may request consultations under Article 13 of this Protocol with a view to reaching agreement on an appropriate quantitative limit for the textile category in question.

The quantitative limits agreed upon may in no case be lower than 110 % of the level of the importing Party's imports during the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultation is made, of products in that category originating in the other Party.

3. In critical circumstances where delay would cause damage difficult to repair, action may be taken provisionally by the importing Party on the condition that the request for consultations shall be effected immediately afterwards. This action shall take the form of a quantitative restraint on Slovenian exports to, or import from, the Community, for a provisional three-month period starting from the date of the request. Such a provisional limit shall be set at 25 %, at least, of the level of imports or exports during the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultation is made.

4. Should the consultations not lead to an agreed solution within one month then the provisional restraint referred to in paragraph 3 can be either renewed for a further three-month period pending further consultations, or made definitive at an annual level not lower than 110 % of the imports for the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultation is made.

5. Where paragraphs 2, 3 or 4 are applied, either Party shall authorize imports belonging to the textile category of products in question, which were shipped from the other Party before the submission of the request for consultations.

Where paragraphs 2, 3 or 4 are applied, the Party concerned undertakes to issue export or import licences for products covered by contracts effectively concluded before the introduction of the quantitative limit, by up to the volume of the quantitative limit fixed.

6. The duration of the measure and the annual growth rates to be applied to any quantitative limit introduced under this Article shall be decided when introducing the measure in accordance with the procedure set out in Appendix C.

7. The provisions of this Protocol which concern exports of products subject to the quantitative limits established in Annex II or Annex III shall also apply to products for which quantitative limits are introduced under this Article.

8. Measures invoked pursuant to the provision of this Article can in no case remain in force after the period for the elimination of all quantitative restrictions and measures of equivalent effect, laid down in this Protocol, has elapsed.

Article 9

1. Slovenia undertakes to supply the Commission with precise statistical information on all export and import licences issued by the Slovenian authorities for all categories of textile products subject to the quantitative limits established under this Protocol or to a double-checking system expressed in quantities and in terms of value and broken down by Member States of the Community, and on all certificates issued by the Slovenian authorities for all products referred to in Article 5, which are covered by the provisions of Appendix B to this Protocol.

The Community shall similarly transmit to the Slovenian authorities precise statistical information on import authorizations issued by the Community authorities in connection with the export licences and the certificates issued by Slovenia.

2. For all categories of products, the information referred to in paragraph 1 shall be transmitted by the end of the month following the month to which the statistics relate.

3. The Parties undertake to provide each other's authorities, by 15 April of each calendar year, with the preceding year's statistics on imports of all textile products covered by this Protocol.

Either Party shall, at the other Party's request, transmit available statistical information on all exports of textile products covered by this Protocol.

The Parties shall transmit to each other's authorities statistical information on the products covered by Article 5.

4. For all categories of products the information referred to in paragraph 3 above shall be transmitted by the end of the third month following the quarter of the year to which the statistics relate.

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 13 of this Protocol.

Article 10

1. In view of ensuring the effective functioning of this Protocol, the Community and Slovenia agree to cooperate fully in order to prevent, to investigate and to take any necessary legal and/or administrative action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning fibre content, quantities, description or classification of merchandise and by whatever other means. Accordingly, Slovenia and the Community agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.

2. Should either Party believe on the basis of information available that the present Protocol is being circumvented, that Party will consult with the other Party with a view to reaching a mutually satisfactory solution. These consultations will be held as early as possible and at the latest within 30 days from the date of request.

3. Pending the results of the consultations referred to in paragraph 2, either Party shall, as a precautionary measure, if so requested by the other Party, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of quantitative limits established under Article 8 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.

4. Should the Parties be unable, in the course of the consultation referred to in paragraph 2, to reach a mutually satisfactory solution, either Party shall have the right:

(a) where there is sufficient evidence that products originating in the other Party have been imported in circumvention of the present Protocol, to set off the relevant quantities against the quantitative limits established under Article 8;

(b) where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in the other Party has occurred, to refuse to import the products in question;

(c) should it appear that the territory of the other Party is involved in transhipment or re-routing of products not originating in that Party, to introduce quantitative limits against the same products originating in the other Party if they are not already subject to quantitative limits, or to take any other appropriate measures.

5. Without prejudice to the relevant Protocol on mutual assistance in customs matters, the Parties agree to establish a system of administrative cooperation to prevent and to address effectively all problems arising from circumvention in accordance with the provisions of Appendix A of this Protocol.

Article 11

1. The quantitative limits established under this Protocol on imports into the Community of textile products of Slovenian origin will not be broken down by the Community into regional shares.

2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows resulting in regional concentration of direct imports into the Community.

3. Slovenia shall monitor its exports of products under restraint or surveillance into the Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community will be entitled to request consultations in order to find a satisfactory solution to those problems. Such consultations must be held within 15 working days of their being requested by the Community.

4. Slovenia shall endeavour to ensure that exports of textile products subject to quantitative limits into the Community are spaced out as evenly as possible over the year, due account being taken in particular of seasonal factors.

Article 12

1. Slovenia and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Appendices A and B.

2. Should either Party find that the application of this Protocol or the commercial practices of either Party are disturbing existing commercial relations between the Community and Slovenia, consultations shall be started promptly in accordance with the procedure specified in Article 13 with a view to remedying this situation.

Article 13

1. Save where it is otherwise provided for in this Protocol, the consultation procedures referred to in this Protocol shall be governed by the following provisions:

- any request for consultations shall be notified in writing to the other Contracting 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 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 to reaching agreement or a mutually acceptable conclusion within one month at the latest,

- the period of one month referred to above for the purpose of reaching agreement or a mutually acceptable conclusion may be extended by common accord.

2. At the request of either of the Contracting 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 Contracting Parties.

Article 14

1. Should one Party consider that imports of textile products not subject to quantitative limits, originating in the other Party and covered by this Protocol take place in such increased, absolute or relative, quantities or under such conditions, so as to threaten to cause:

- injury to the importing Party's production of like or directly competitive products, or

- where the economic interests of the importing Party so require,

it may impose a prior or retrospective surveillance system on the category of products concerned for a period that it considers appropriate.

2. The Party that is intended to introduce a surveillance system under paragraph 1 shall inform at least one working day in advance of its introduction the other Party, and consultations may be requested by either Party under Article 13 of this Protocol.

3. Where a surveillance system is established under this Article by the Community, the relevant provisions on double-checking, classification and certification of origin laid down in Appendix A shall be applied by Slovenia, as appropriate.

Article 15

This Protocol shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Slovenia.

Article 16

1. 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 from 1 January 1996. It shall be applicable until 31 December 1997.

2. Either Party may at any time propose consultations in accordance with Article 13, 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 proportionally.

4. The Annexes, Appendices, Protocols and notes exchanged or attached to this Protocol, shall form an integral part thereof.

Article 17

This Protocol shall be drawn up in two copies in Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Slovenian and Swedish languages, each of these texts being equally authentic.

For the Government of the Republic of Slovenia

For the Council of the European Communities

ANNEX I

PRODUCTS REFERRED TO IN ARTICLE 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.

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ANNEX II

Products without quantitative limits subject to the double-checking system referred to in Article 3 (3) of this Protocol (The full product descriptions of the categories listed in this Annex are to be found in Annex I of this Protocol)

Categories 5, 6, 7, 8, 9.

ANNEX III

Reimports into the Community, within the meaning of Article 4 of this Protocol, of products listed in Annex IV shall be subject to the provisions of this Protocol, unless the special provisions below provide otherwise:

1. Without prejudice to paragraph 2, only reimports into the Community of products affected by the specific quantitative limits laid down in Annex IV shall be considered reimports within the meaning of Article 4 of the Protocol.

2. Reimports of products not covered by Annex IV may be made subject to specific quantitative limits following consultations in accordance with the procedures set out in Article 13 of the Protocol, provided the products concerned are subject to quantitative limits pursuant to the Protocol, 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 13 of the Protocol examine and give effect to:

(a) 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 within the following limits:

(a) transfers between categories may not exceed 25 % of 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 13,5 % 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 Slovenia of any measure 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 (EC) No 3036/94 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 Slovenian law shall be issued, in accordance with Appendix A to the Protocol, for all products covered by this Annex. 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 Slovenia.

8. The Community shall provide Slovenia with the names and addresses of, and specimens of the stamps used by, the competent authorities of the Community which issue the prior authorizations referred to in paragraph 6.

ANNEX IV

(The product descriptions of the categories listed in this Annex are to be found in Annex I of the Protocol)

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Appendix A

TITLE I

CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform Slovenia 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 undertake to inform the competent authorities of Slovenia of any decisions relating to the 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 and the 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 of 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 a 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 13 of the Protocol with a view to honouring the obligation under Article 2 (2) of the Protocol.

Products shipped before the date of entry into effect 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. In case of divergent opinions between the Republic of Slovenia 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 13 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 tariff and statistical nomenclature section of the Customs Code Committee for a definitive classification in the combined nomenclature.

TITLE II

ORIGIN

Article 2

1. Products originating in Slovenia for export to the Community in accordance with the arrangements set out in Title I of this Protocol shall be accompanied by a certificate of Slovenian 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 Slovenia in accordance with the relevant provisions in force in the Community.

3. The certificate of origin referred to in paragraph 1 is not required for import of goods covered by a certificate of circulation EUR 1 or a form EUR 2 issued in accordance with the provisions of Protocol 1 of the Cooperation Agreement.

Article 3

The 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 Slovenian authorities 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 4

Where 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 on the basis of which the certificate was issued or the declaration drawn up.

Article 5

The 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

Section I

Exportation

Article 6

The competent authorities of Slovenia shall issue an export licence in respect of all consignments from Slovenia of textile products subject to any definitive or provisional quantitative limits established under Article 8 of this Protocol, up to the relevant quantitative limits as may be modified by Articles 7, 10 and 16 of this Protocol, as well as of all consignments of textile products subject to a double-checking system without quantitative limits as provided for in Article 3 (3) and (4) of this Protocol.

Article 7

1. For products subject to quantitative limits under this Protocol the export licence shall conform to model 1 annexed to this Appendix and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Community applies.

2. Where quantitative limits have been introduced pursuant to this Protocol, 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.

3. For products subject to a double-checking system without quantitative limits, the export licence shall conform to model 2 annexed to this Appendix. It shall only cover one category of products and may be used for one or more consignments of the products in question.

Article 8

The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.

Article 9

1. Exports of textile products subject to quantitative limits pursuant to this Protocol 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, vehicle or vessel.

Article 10

The 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 11

Importation into the Community of textile products subject to quantitative limits or to a double-checking system pursuant to this Protocol shall be subject to the presentation of an import authorization.

Article 12

1. The competent authorities of the Community shall issue the import authorization referred to in Article 11, within five working days of the presentation by the importer of the original of the corresponding export licence.

2. The import authorizations shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Community is applied.

3. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn.

However, if, without prejudice to Article 10 of this Protocol, the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation of the products into the Community, the relevant quantities shall be set off against the quantitative limits established for the category and the quota year concerned.

Article 13

1. If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Slovenia for a particular category in any year exceed the quantitative limit established for this category in accordance with Article 8 of this Protocol, as may be modified by Articles 7, 10 and 16 of the Protocol, the said authorities may suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authorities of Slovenia and the special consultation procedure set out in Article 13 of the Protocol shall be initiated forthwith.

2. Exports of products of Slovenian origin subject to quantitative limits or the double-checking system and not covered by Slovenian export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities.

However, if the import of such products is allowed into the Community by the competent authorities of the Community, the quantities involved shall not be set off against the appropriate quantitative limits established pursuant to this Protocol, without the express agreement of the competent authorities of Slovenia.

TITLE IV

FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY

Article 14

1. The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English or French. If they are completed by hand, entries must be in ink and in printed script.

These documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked as 'original` and the other copies as 'copies`. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Protocol.

2. Each document shall bear a standardized serial number, whether or not printed, by which it can be identified.

This number shall be composed of the following elements:

- two letters identifying the exporting country as follows: SL for Slovenia

- two letters identifying the intended Member State of customs clearance as follows:

AT= Austria

BL = Benelux

DE = Germany

DK = Denmark

EL = Greece

ES = Spain

FI = Finland

FR = France

GB = United Kingdom

IE = Ireland

IT = Italy

PT = Portugal

SE = Sweden

- a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 6 for 1996,

- a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country,

- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

Article 15

The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement 'délivré a posteriori` or the endorsement 'issued retrospectively`.

Article 16

1. In the event of theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent Slovenian 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

PROVISIONS CONCERNING COMMUNITY EXPORTS TO THE REPUBLIC OF SLOVENIA

Article 17

Should it be necessary, either Party may request consultations in accordance with Article 13 of the Protocol, in order to establish specific administrative provisions concerning European Community exports to Slovenia.

Such provisions shall afford the same or equivalent degree of protection to Community exporters as is provided for Slovenian exporters under this Protocol.

TITLE VI

ADMINISTRATIVE COOPERATION

Article 18

The Community and Slovenia shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.

Article 19

In order to ensure the correct application of this Appendix, the Community and Slovenia shall 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 Appendix.

Article 20

Slovenia shall transmit to the European Commission the names and addresses of the authorities competent to issue and verify the export licences and the certificates of origin, together with specimens of the stamps used by these authorities and specimen signatures of officials responsible for signing the export licences. Slovenia shall also notify the Commission of any change in this information.

Article 21

1. 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 Slovenian authorities, giving, where appropriate, the reasons of form or substance which justify an inquiry. 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 Appendix.

4. The results of the subsequent verifications carried out in accordance with paragraphs 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 to the goods actually exported and whether these goods are eligible for export under the arrangements established by this Protocol. 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 Appendix.

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 three years by the competent Slovenian 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 22

1. Where the verification procedure referred to in Article 21 or where information available to the competent authorities of the Community or of Slovenia indicates or appears to indicate that the provisions of this Protocol 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 Slovenia 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. Slovenia 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 Slovenia, officials designated by the Community may be present at the inquiries referred to in paragraph 2.

4. In pursuance of the cooperation referred to in paragraph 1, the competent authorities of the Community and Slovenia shall exchange any information considered by either Contracting Party to be of use in preventing circumvention or infringement of the provisions of this Protocol. These exchanges may include information on the production of textile products in Slovenia and on the trade in the type of products covered by this Protocol between Slovenia 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 Slovenia 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 Slovenia and the Community may agree to take the measures set out in Article 10 (4) of the Protocol, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement.

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Appendix B referred to in Article 5

Cottage industry and folklore products originating in Slovenia

1. The exemption provided for in Article 5 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 Slovenia;

(b) garments or other textile articles of a kind traditionally made in the cottage industry of Slovenia obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;

(c) traditional folklore products of Slovenia made by hand, in a list to be agreed between the Community and Slovenia.

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 issuance. 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 Slovenia 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 13 of this Protocol.

2. The provisions of Titles IV and VI of Appendix A shall apply mutatis mutandis to the products covered by paragraph 1 of this Appendix.

Appendix C

The annual growth rate for the quantitative limits which may be introduced under Article 8 of this Protocol for the products covered by this Protocol shall be fixed by agreement between the Parties in accordance with the consultation procedures established in Article 13 of the Protocol.