CELEX: 21992A0404(04)
Language: en
Date: 1991-12-19 00:00:00
Title: PROTOCOL amending the Agreement between the Czech and Slovak Federal Republic and the European Economic Community on trade in textile products #

Avis juridique important

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21992A0404(04)

PROTOCOL amending the Agreement between the Czech and Slovak Federal Republic and the European Economic Community on trade in textile products  -   

Official Journal L 090 , 04/04/1992 P. 0021

PROTOCOL amending the Agreement  between the Czech and Slovak Federal Republic and the European Economic Community on trade in  textile products1. Delegations of the European Economic Community and the Czech and Slovak  Federal Republic met in Brussels on 17 and 18 July and on 5 and 6 September 1991. The purpose of  the consultations was to amend the Agreement between the Community and Czechoslovakia on trade in  textile products, initialled on 19 June 1986 and provisionally applied since 1 January 1987. 2. The Parties agreed to extend the period of application of the agreement provided for in Article  18 (1) until 31 December 1992. The Parties also agreed to consult five months before the expiration  of that date on the possibility of revising the period of application of this Protocol. 3. The percentages of transfers between regional quota-shares referred to in Article 13 (3) of the  Agreement and in paragraph 4 (d) of Protocol E for the sixth year of application of the Agreement  shall be determined following consultations between the Parties. 4. The Parties agreed further to amend Annex I with a view to including categories 115 to 123 in  the product coverage of the Agreement. The text of Annex I is appended to this Protocol (Appendix  1). 5. In view of the prospective association of Czechoslovakia with the Community, the Parties agreed  to replace the following provisions of the Agreement: - Article 4 concerning flexibilities, - Annex II concerning quantitative limitations for direct imports, and- Protocol E concerning the  special regime for outward processing, including its Annex on the corresponding quantitative  limitations, by the texts of Article 4 (Appendix 2), Annex II (Appendix 3), and Protocol E (Appendix 4) which  are appended to this Protocol. The Parties agreed further to delete Article 5 of the Agreement. 6. The Parties agreed that the amendments to the Agreement specified in paragraphs 2, 3 and 4 of  this Protocol shall be applied from 1 January 1992. 7. The Parties agreed that the amendments to the Agreement specified in paragraph 5 of this  Protocol shall be applied from the date of application of the trade provisions of the European  Agreement between Czechoslovakia and the Community. 8. The Parties agreed to apply the provisions of this Protocol in a way which aims at not  preventing new possibilities for increased trade resulting from industrial cooperation, including  outward processing of textile and clothing products. 9. The Parties agreed that, should the Community modify its negotiating directives with a view to  introducing amendments of the Agreement on trade in textile products going beyond the improvements  provided for in this Protocol, these improvements shall be adapted accordingly. Done at Brussels, 6 September 1991.  Delegation of theCzech and Slovak Federal RepublicDelegation of theEuropean Economic  CommunityAppendix 1 ANNEX ILIST OF PRODUCTS1. 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 also to cover girls' garments up  to and including commercial size 86. >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE  POSITION>Appendix 2 Article 41. Advance use of a portion of the quantitative limit established  for the following year shall be authorized for each category of products up to 5 % of the  quantitative limit for the current year. Amounts delivered in advance shall be deducted from the quantitative limits established for the  following year. 2. Carry-over to the corresponding quantitative limit for the following year of amounts not used  during any given year shall be authorized up to 9 % of the quantitative limit for the current  year. 3. In the case of Group I, transfers shall be allowed only in the following cases: - amounts may be transferred from category 1 to categories 2 and 3 or from categories 2 and 3 to  category 1 up to 7 % of the quantitative limit for the category to which the transfer is made, - amounts may be transferred between categories 2 and 3 up to 7 % of the quantitative limits for  the category to which the transfer is made, - the total quantities transferred to categories 2 and 3 in accordance with the first two indents  of this paragraph may not exceed 7 % of the category to which the transfer is made, - amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 7 % of the quantitative  limit for the category to which the transfer is made. Amounts may be transferred to any category in Group II or III from any category in Group I, II or  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. 5. The increase in any given category of products resulting from the cumulative application of the  provisions in paragraphs 1, 2 and 3 during a single year must not exceed the following limits: - 17 % for categories of products in Group I, - 17 % for categories of products in Group II and III. 6. Prior notification must be given by the Czechoslovak authorities to the Community of any  recourse to the provisions of paragraphs 1, 2 and 3 above. Appendix 3 ANNEX IICOMMUNITY QUANTITATIVE LIMITS FOR CZECHOSLOVAKIA(For practical reasons the  product descriptions used in the Annex are given in abbreviated form)>TABLE>Appendix 4  PROTOCOL EReimports into the Community, within the meaning of Article 3 (4) of this Agreement, of  products listed in the Annex to this Protocol shall be subject to the provisions of the Agreement,  unless the special provisions below provide otherwise: 1. Subject to paragraph 2, only reimports into the Community of products affected by the specific  quantitative limits laid down in the Annex to this Protocol shall be considered reimports within  the meaning of Article 3 (4). 2. Reimports not covered by the Annex to this Protocol may be made subject to specific quantitative  limits following consultations in accordance with the procedures set out in Article 14 of the  Agreement, provided the products concerned are subject to quantitative limits under Annex II to the  Agreement. 3. Having regard to the interests of both Contracting Parties, the Community may at its discretion,  or in response to a request from Czechoslovakia under Article 14 of the Agreement, examine: (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) the scope for allocating portions of the specific quantitative limit unused in one region of  the Community to another such region; (c) 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 (¹); (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; (d) transfers from one region to another may not exceed a certain percentage of the quantity set  for the region to which the transfer is made; this percentage shall be equal to 1,5 times the  percentage provided for in Article 13 (3), of the Agreement. 5. The Community shall inform Czechoslovakia of any measures taken pursuant to the preceding  paragraphs. 6. The competent authorities in the Community shall debit the specific quantitative limits referred  to in paragraph 1 at the time of issue of the prior authorization required by Council Regulation  (EEC) No 636/82 which governs economic outward processing arrangements. A specific quantitative  limit shall be debited for the year in which a prior authorization is issued. 7. Transfers from one category to another and combined debits from the quantitative limit for  products of groups II and III will be calculated in accordance with the table of equivalence in  Annex I to the Agreement. (¹) However, for categories in Group II or Group III, transfers between quota-shares under the  German, French, Italian and Benelux quotas shall be allowed up to 100 % of the category from which  the transfer is made. 8. A certificate of origin made out by the organizations authorized to do so under Czechoslovakian  law shall be issued, in accordance with Protocol A to the Agreement, for all products covered by  this Protocol. This certificate shall bear a reference to the prior authorization mentioned in  paragraph 6 as evidence that the processing operation it describes has been carried out in  Czechoslovakia. 9. The Community shall provide Czechoslovakia 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. 10. Without prejudice to the provisions of paragraphs 1 to 9 above, Czechoslovakia and the  Community shall continue consultations with a view to reaching a mutually acceptable solution  enabling both Contracting Parties to benefit from the Agreement's provisions on outward processing  traffic and so ensure the effective development of trade in textile products between Czechoslovakia  and the Community. ANNEX TO PROTOCOL E OPT QUANTITATIVE LIMITS FOR CZECHOSLOVAKIA(For practical reasons the  product descriptions used in the Annex are given in abbreviated form)>TABLE> Note verbale The Directorate-General for External Relations of the Commission of the European  Communities presents its compliments to the Mission of the Czech and Slovak Federal Republic to the  European Communities and has the honour to refer to the Agreement between Czechoslovakia and the  Community on trade in textile products, initialled on 19 June 1986 and applied since 1 January  1987, as amended by the Protocol initialled on 6 September 1991. With reference to paragraph 3 of the abovementioned Protocol, the Directorate-General has the  honour to inform the Mission that it is now in a position to propose the following paragraph: 'The percentage of transfers between regional quota-shares referred to in Article 13 (3) of the  Agreement for the year 1992 shall be 40 %. It is understood that if, as a result of the application of the above percentage, serious  difficulties, following significant changes in the pattern of trade, occur in certain regions of  the Community, both Parties shall hold consultations without delay with a view to reviewing the  situation.`The Directorate-General for External Relations would be grateful if the authorities of  the Czech and Slovak Federal Republic would confirm their acceptance of the above adaptation of the  Agreement, as agreed at the time of initialling of the said Protocol. The Directorate-General for External Relations of the Commission of the European Communities avails  itself of this opportunity to renew to the Mission of the Czech and Slovak Federal Republic to the  European Communities the assurance of its highest consideration. Note verbale The Mission of the Czech and Slovak Federal Republic to the European Communities  presents its compliments to the Directorate-General for External Relations of the Commission of the  European Communities and has the honour to refer to the Agreement between Czechoslovakia and the  Community on trade in textile products, initialled on 19 June 1986 and applied since 1 January  1987, as amended by the Protocol initialled on 6 September 1991 and to the Directorate-General's  Note verbale No 019049 dated 25 October 1991. With reference to the proposal of the paragraph reading as follows: 'The percentage of transfers between regional quota-shares referred to in Article 13 (3) of the  Agreement for the year 1992 shall be 40 %. It is understood that if, as a result of the application of the above percentage, serious  difficulties, following significant changes in the pattern of trade, occur in certain regions of  the Community, both Parties shall hold consultations without delay with a view to reviewing the  situation.`The Mission has the honour to confirm its acceptance of the above stated adaptation of  the Agreement as agreed at the time of initialling of the said Protocol. The Mission of the Czech and Slovak Federal Republic to the European Communities avails itself of  the opportunity to renew to the Directorate-General for External Relations of the Commission of the  European Communities the assurance of its highest consideration.