Proposal for a COUNCIL DECISION on the provisional application of a bilateral textile agreement between the European Community and the Former Yugoslav Republic of Macedonia

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. In accordance with the Council directive of 2 December 1999, the Commission has negotiated a bilateral agreement with the Former Yugoslav Republic of Macedonia on trade in textile products.

2. The Commission has initialled an agreement on trade in textile products with the Former Yugoslav Republic of Macedonia on 2 December 1999.

3. Consequently, it is proposed that the Council approves the attached proposal for a Council Decision concerning the provisional application of this bilateral agreement pending the formal conclusion.

1999/0281 (ACC)

Proposal for a

COUNCIL DECISION

on the provisional application of a bilateral textile agreement between the European Community and the Former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with Article 300, second paragraph, first sentence thereof,

Having regard to the proposal from the Commission,

(1) Whereas the Commission has negotiated on behalf of the European Community an Agreement on trade in textile products with the Former Yugoslav Republic of Macedonia;

(2) Whereas, this Agreement should be applied on a provisional basis from 1 January 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Former Yugoslav Republic of Macedonia;

HAS DECIDED AS FOLLOWS:

Sole Article

The Agreement on trade in textile products with the Former Yugoslav Republic of Macedonia shall be applied on a provisional basis from 1 January 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Former Yugoslav Republic of Macedonia. [1]

[1] The date from which the agreement will apply on a provisional basis will be published in the Official Journal of the European Communities, C-series.

The text of the Agreement is attached to this decision.

Done at Brussels,

For the Council

The President

ANNEX

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY

AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

ON TRADE IN TEXTILE PRODUCTS

THE COUNCIL OF THE EUROPEAN UNION,

of the one part,

and

THE GOVERNMENT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

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 Former Yugoslav Republic of Macedonia ;

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 Former Yugoslav Republic of Macedonia markets for textile products.

HAVING REGARD to the Cooperation Agreement entered into force on 1 January 1998, and in particular to Article 15 thereof;

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN UNION

THE GOVERNMENT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

WHO HAVE AGREED AS FOLLOWS:

Article 1

This agreement establishes the regime applicable to trade of textile products originating in the Former Yugoslav Republic of Macedonia listed in Annex I.

TITLE I - QUANTITATIVE REGIME

Article 2

1. 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 form "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 the Former Yugoslav Republic of Macedonia and shall not have the effect of reducing any quantitative limit established pursuant to this Agreement.

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 Agreement, exports from the Former Yugoslav Republic of Macedonia to the Community of products listed in Annex I and originating in the Former Yugoslav Republic of Macedonia 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 Agreement, 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 14, exports of products in Annex I not subject to quantitative limits, other than those listed in Annex II, may be subject, subsequently to the entry into force of this Agreement, to the double-checking system referred to in paragraph 2 or to a prior surveillance system introduced by the Community.

Article 4

The Community and the Former Yugoslav Republic of Macedonia recognise the special and differential character of re-imports of textile products into the Community after processing in the Former Yugoslav Republic of Macedonia 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 re-imports shall not be subject to these quantitative limits if they are subject to the specific arrangements laid down in Annex III.

Article 5

The Former Yugoslav Republic of Macedonia's exports 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 Agreement, provided that these products originating in the Former Yugoslav Republic of Macedonia meet the conditions laid down in Appendix B.

Article 6

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

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

2. Where the Community authorities ascertain that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported outside the Community, the authorities shall inform the Former Yugoslav Republic of Macedonia authorities within four weeks of the quantities involved and authorise 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, as appropriate.

Article 7

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

1. In any Agreement year advance use of a portion of the quantitative limit established for the following Agreement year is authorised 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 authorised for each category of products up to 10% 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 12% 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 12% 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 12% of the quantitative limit for the category to which the transfer is made.

4. The table of equivalence applicable to the transfers referred to above is given in Annex I to this Agreement.

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

6. Prior notification shall be given by the Former Yugoslav Republic of Macedonia authorities 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 listed in Annex I may be made subject to quantitative limits 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 listed in Annex I originating in the Former Yugoslav Republic of Macedonia exceeds, in relation to the preceding year's total imports into the Community from all sources of products in that category, the following rates:

- 2% for categories of products in Group I,

- 8% for categories of products in Group II,

- 15% for categories of products in Group III,

it may request the opening of consultations in accordance with the procedure described in Article 14 , with a view to reaching agreement on an appropriate restraint level for the products in such category.

3. Pending a mutually satisfactory solution, the Former Yugoslav Republic of Macedonia undertakes to limit exports of the products concerned to 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 Contracting Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 14, 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 14, 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 annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Appendix C.

6. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in the Former Yugoslav Republic of Macedonia.

7. Where the provisions of paragraph 2, 3 and 4 are applied, the Community shall authorise the imports of products of the category concerned shipped from the Former Yugoslav Republic of Macedonia before the request for consultations was submitted.

Should the provisions of paragraphs 2 or 4 be applied, the Former Yugoslav Republic of Macedonia undertakes to issue export licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed.

8. Up to the date of communication of the statistics referred to in Article 9(6), the provisions of paragraph 2 of this Article shall apply on the basis of the annual statistics previously communicated by the Community.

Article 9

1. The Former Yugoslav Republic of Macedonia shall supply the Commission with precise statistical information on all export licences issued for categories of textile products subject to the quantitative limits established under this Agreement or to a double-checking system, 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 Former Yugoslav Republic of Macedonia authorities for products referred to in Article 5 and subject to the provisions of Appendix B.

2. The Community shall likewise transmit to the Former Yugoslav Republic of Macedonia authorities precise statistical information on import authorisations issued by the Community authorities and import statistics for products covered by the system referred to in Article 8(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, the Former Yugoslav Republic of Macedonia 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 14 of this Agreement.

6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Former Yugoslav Republic of Macedonia 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 10

1. With a view to ensuring the effective functioning of this Agreement, the Community and the Former Yugoslav Republic of Macedonia 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, the Former Yugoslav Republic of Macedonia 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 the Community believe on the basis of information available that this Agreement is being circumvented, the Community will consult with the Former Yugoslav Republic of Macedonia 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, the Former Yugoslav Republic of Macedonia shall, as a precautionary measure, if so requested by the Community, 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 Contracting Parties be unable, in the course of the consultation referred to in paragraph 2, to reach a mutually satisfactory solution, the Community shall have the right:

(a) Where there is sufficient evidence that products originating in the Former Yugoslav Republic of Macedonia have been imported in circumvention of this Agreement, 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 Former Yugoslav Republic of Macedonia has occurred, to refuse to import the products in question;

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

5. The Contracting 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 Agreement.

Article 11

1. The Former Yugoslav Republic of Macedonia 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.

2. The Former Yugoslav Republic of Macedonia 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

In the event of denunciation of this Agreement as provided for in Article 17(3), the quantitative limits established pursuant to this Agreement shall be reduced on a pro rata temporis basis unless the Contracting Parties decide otherwise by common agreement.

Article 13

The Former Yugoslav Republic of Macedonia and the Community undertake to refrain from discrimination in the allocation of export licences and import authorisations or documents referred to in Appendixes A and B.

Article 14

1. Save where it is otherwise provided for in this Agreement, the consultation procedures referred to in this Agreement 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 Contracting 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 further 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. 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 due to a sharp and substantial increase, by comparison to the preceding year, in imports of a given category of group I.

3. At the request of either of the Contracting Parties, consultations shall be held on any problems arising from the application of this Agreement. 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.

TITLE II - FINAL PROVISIONS

Article 15

The operation of this agreement shall be reviewed prior to the accession of the Former Yugoslav Republic of Macedonia to the World Trade Organisation (WTO).

Article 16

This Agreement 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 Former Yugoslav Republic of Macedonia.

Article 17

1. This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties notify each other of the completion of the procedures necessary for that purpose. It shall apply as from 1 January 2000 until 31 December 2002. Thereafter, the application of all the provisions of this Agreement shall be extended automatically for a period of one more year up to 31 December 2003, unless either Contracting Party notifies the other at least six months before 31 December 2002 that it does not agree with this extension.

2. Either Contracting Party may at any time propose modifications to this Agreement.

3. Either Contracting 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.

4. The Contracting Parties agree to enter into consultations not later than six months before this Agreement expires with a view to possibly concluding a new Agreement.

5. The Annexes, Appendixes, and the Protocol of understanding on market access and letters exchanged or attached to this Agreement, shall form an integral part thereof.

Article 18

This Agreement shall be drawn up in duplicate in each of the official languages of the Contracting Parties, each of these texts being equally authentic.

For the Government of the For the Council of the

Former Yugoslav Republic of Macedonia European Union

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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GROUP I A

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GROUP I B

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GROUP II A

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GROUP II B

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GROUP III A

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GROUP III B

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GROUP IV

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ANNEX II

Products without quantitative limits subject to the double-checking system referred to in Article 3(3), of the Agreement.

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

CATEGORIES

Categories 6, 7, 15, 16 and 67 are submitted to automatic surveillance level system. Once the levels of Article 8(2) are reached, these Categories will be automatically submitted to the double-checking system.

ANNEX III

Reimports into the Community, within the meaning of Article 4 of this Agreement, shall be subject to the provisions of this Agreement, unless the special provisions below provide otherwise,

1. Reimports into the Community within the meaning of Article 4 of this Agreement may be made subject to specific quantitative limits following consultations in accordance with the procedures set out in Article 14 of this Agreement, provided the products concerned are subject to quantitative limits pursuant to this Agreement, to a double-checking system or to surveillance measures.

2. Having regard to the interests of both Parties, the Community may at its discretion, or in response to a request under Article 14 of this 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.

3. However, the Community may apply automatically the flexibility rules set out in paragraph 2 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 utilisation;

(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 utilisation.

4. The Community shall inform the Former Yugoslav Republic of Macedonia of any measures taken pursuant to the preceding paragraphs.

5. 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 authorisation required by Council Regulation (EC) N° 3036/94 which governs economic outward processing arrangements. A specific quantitative limit shall be debited for the year in which a prior authorisation is issued.

6. A certificate of origin made out by the organisations authorised to do so under the Former Yugoslav Republic of Macedonia law shall be issued, in accordance with Appendix A to this Agreement, for all products covered by this Annex. This certificate shall bear a reference to the prior authorisation mentioned in paragraph 5 as evidence that the processing operation it describes has been carried out in the Former Yugoslav Republic of Macedonia.

7. The Community shall provide the Former Yugoslav Republic of Macedonia with the names and addresses of, and specimens of the stamps used by, the competent authorities of the Community which issue the prior authorisations referred to in paragraph 5 above.

APPENDIX A

TITLE I

CLASSIFICATION

Article 1

1. The competent authorities of the Community undertake to inform the Former Yugoslav Republic of Macedonia 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 the Former Yugoslav Republic of Macedonia of any decisions relating to the classification of products subject to the present 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 CN codes;

(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 this 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 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. Where a Community decision on classification resulting in a change of classification practice or a change of categorisation of any product subject to this Agreement affects a category subject to quantitative limits, the Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 14 of this Agreement with a view to honouring the obligation under the third subparagraph of Article 2(1) of this Agreement.

5. In case of divergent opinions between the Former Yugoslav Republic of Macedonia and the competent Community authorities at the point of entry into the Community on the classification of products covered by this Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 14 with a view to reaching agreement on definitive classification of the product concerned.

TITLE II

ORIGIN

Article 2

1. Products originating in the Former Yugoslav Republic of Macedonia for export to the Community in accordance with the arrangements set out in Title I of this Agreement shall be accompanied by a Former Yugoslav Republic of Macedonia certificate of origin conforming to the model annexed to this Appendix.

2. The certificate of origin shall be certified by the competent Former Yugoslav Republic of Macedonia authorities 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 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 the Former Yugoslav Republic of Macedonia 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 imports of goods covered by a movement certificate EUR.1 issued in accordance with the relevant provisions 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 authorised representative. The competent Former Yugoslav Republic of Macedonia 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

1. The competent authorities of the Former Yugoslav Republic of Macedonia shall issue an export licence in respect of all consignments from the Former Yugoslav Republic of Macedonia of textile products subject to any definitive or provisional quantitative limits established under Article 8 of this Agreement, up to the relevant quantitative limits as may be modified by Articles 7, 10 and 12 of this Agreement, 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 Agreement.

Article 7

1. For products subject to quantitative limits under this Agreement the export licence shall conform to the 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 Agreement, 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 the 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 this Agreement 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 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 Agreement, shall be subject to the presentation of an import authorisation.

Article 12

1. The competent authorities of the Community shall issue the import authorisation 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 authorisations concerning products subject to quantitative limits under this Agreement 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 import authorisations for products subject to a double-checking system without quantitative limits shall be valid for six months from the date of issue for imports throughout the customs territory to which the Treaty establishing the European Community is applicable.

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

However, if 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 the Former Yugoslav Republic of Macedonia for a particular category in any year exceed the quantitative limit established in accordance with Article 8 of this Agreement for that category, as may be modified by Articles 7, 10 and 12 of this Agreement, the said authorities may suspend the further issue of import authorisations. In this event, the competent authorities of the Community shall immediately inform the authorities of the Former Yugoslav Republic of Macedonia and the special consultation procedure set out in Article 14 of this Agreement shall be initiated forthwith.

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

However, without prejudice to Article 10 of this Agreement, 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 Agreement, with the express agreement of the competent authorities of the Former Yugoslav Republic of Macedonia.

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 x 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 this Agreement.

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

This number shall be composed of the following elements:

- a two-digit number identifying the exporting country as follows: 96

- two digits identifying the intended Member State of customs clearance as

follows:

01 = France

02 = Belgium and Luxembourg

03 = Netherlands

04 = Germany

05 = Italy

06 = United Kingdom

07 = Ireland

08 = Denmark

09 = Greece

10 = Portugal

11 = Spain

30 = Sweden

32 = Finland

38 = Austria

- a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 0 for 2000,

- a two-digit number from 01 to 99, identifying the particular issuing office concerned in 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 a theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent Former Yugoslav Republic of Macedonia 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 17

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

Article 18

In order to ensure the correct application of this Appendix, the Community and the Former Yugoslav Republic of Macedonia 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 19

The Former Yugoslav Republic of Macedonia shall transmit to the Commission of the European Communities 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 and the certificates of origin. The Former Yugoslav Republic of Macedonia shall also notify the Community of any change in this information.

Article 20

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 Former Yugoslav Republic of Macedonia authorities, 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 Appendix.

4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 shall be communicated to the competent authorities of the Community within three months at the latest. The information communicates 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 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 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 two years by the competent Former Yugoslav Republic of Macedonia 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 21

1. Where the verification procedure referred to in Article 20 of this Appendix or where information available to the competent authorities of the Community or of the Former Yugoslav Republic of Macedonia 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 the Former Yugoslav Republic of Macedonia 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 Appendix. The Former Yugoslav Republic of Macedonia 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 the Former Yugoslav Republic of Macedonia, 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 the Former Yugoslav Republic of Macedonia 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 the Former Yugoslav Republic of Macedonia and on the trade in the type of products covered by this Agreement between the Former Yugoslav Republic of Macedonia 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 the Former Yugoslav Republic of Macedonia 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 Appendix have been circumvented or infringed, the competent authorities of the Former Yugoslav Republic of Macedonia and the Community may agree to take the measures set out in Article 10(4) of the Agreement, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement.

Specimen of Certificate of Origin referred to in Article 2(1) of Appendix A

>TABLE>

(1) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight - Indiquer le poids net en kilogrammes ainsi que la quantité dans l'unité prévue pour la catégorie si cette unité n'est pas le poids net.

(2) In the currency of the sale contract - Dans la monnaie du contrat de vente.

Specimen of Export Licence referred to in Article 7(1) of Appendix A, Model 1

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(1) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight - Indiquer le poids net en kilogrammes ainsi que la quantité dans l'unité prévue pour la catégorie si cette unité n'est pas le poids net.

(2) In the currency of the sale contract - Dans la monnaie du contrat de vente.

Specimen of Export Licence referred to in Article 7(3) of Appendix A, Model 2

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(1) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight - Indiquer le poids net en kilogrammes ainsi que la quantité dans l'unité prévue pour la catégorie si cette unité n'est pas le poids net.

(2) In the currency of the sale contract - Dans la monnaie du contrat de vente.

APPENDIX B

COTTAGE INDUSTRY AND FOLKLORE PRODUCTS

ORIGINATING IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

1. The exemption provided for in Article 5 of this Agreement 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 the Former Yugoslav Republic of Macedonia;

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

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

Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen annexed to this Appendix and issued by the competent authorities in the Former Yugoslav Republic of Macedonia. 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 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 the Former Yugoslav Republic of Macedonia 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 14 of this Agreement.

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

Annex to Appendix B

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(1) In the currency of the sale contract - Dans la monnaie du contrat de vente.

(2) Delete as appropriate - Biffer la (les) mention(s) inutile(s).

APPENDIX C

The annual growth rate for the quantitative limits which may be introduced under Article 8 of this Agreement for the products covered by this Agreement shall be fixed by agreement between the Parties in accordance with the consultation procedures established in Article 14 of this Agreement.

PROTOCOL OF UNDERSTANDING ON MARKET ACCESS

In the context of the Agreement on trade in textile products between the European Community and the Former Yugoslav Republic of Macedonia initialled in Brussels on 2 December 1999, the Parties recorded their mutual understanding on the following matters:

1. Customs duties applicable in the Former Yugoslav Republic of Macedonia to textile and clothing products shall not be increased during the validity of the Agreement.

2. The Parties agree not to introduce any non-tariff barriers during the validity of the Agreement.

NOT FOR PUBLICATION

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// EUROPEAN COMMISSION

DIRECTORATE GENERAL FOR TRADE

Directorate D - Sectoral trade questions, market access

Negotiation and management of textile agreements; footwear and other industries

Brussels, 2 December 1999

D1/RP/nf D(99) 39.054

H.E. Mr Jovan Tegovski Ambassador, Head of the Mission of the Former Yugoslav Republic of Macedonia to the European Union Av. de Tervuren, 128 B - 1150 Brussels

Dear Mr Ambassador,

In respect of the recent negotiations for the renewal of the existing Agreement on trade in textile products between the European Community and the Former Yugoslav Republic of Macedonia, the undersigned, negotiator on behalf of the European Commission, has the honour to inform you as follows:

Negotiations for the renewal of the existing Agreement on trade in textile products between the European Community and the Former Yugoslav Republic of Macedonia have been successfully concluded. The Agreement includes Annexes I, II and III, Appendixes A, B and C as well as a Protocol of Understanding on Market access.

This text, agreed upon by both sides, is attached to this letter.

I would appreciate if you would acknowledge receipt of this letter and confirm that the text attached hereto corresponds to what was agreed and can therefore be deemed to be established as authentic and definitive.

I avail myself of this opportunity to renew to you, Mr. Ambassador, the assurances of my highest consideration.

Fernando Perreau de Pinninck Head of Unit

NOT FOR PUBLICATION

MISSION OF THE REPUBLIC OF MACEDONIA TO THE EUROPEAN COMMUNITIES BRUSSELS

Brussels, December 2, 1999

Dear Sir,

I have the honour to acknowledge the receipt of your letter dated December, 2, 1999, which reads as follows:

Negotiations for the renewal of the existing Agreement on trade in textile products between the European Community and the Republic of Macedonia have been successfully concluded. The Agreement includes Annexes I, II and III, Appendixes A, B and C as well as a Protocol of Understanding on Market access.

This text, agreed upon by both sides, is attached to this letter.

I hereby confirm the content of your letter. I also confirm that the text attached to your letter correspond to what was agreed and can therefore be deemed to be established as authentic and definitive.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the above mentioned documents having in view that the constitutional name of my country is the Republic of Macedonia.

I avail myself of this opportunity to renew to you the assurances of my highest consideration.

Head of Mission Jovan Tegovski Ambassador

Mr. Fernando Perreau de Pinninck European Commission Directorate-General for Trade