CELEX: 21977A0218(04)
Language: en
Date: 1977-02-08 00:00:00
Title: Agreement between the European Economic Community and the Republic of Colombia on trade in textile products

18 . 2. 77                           Official Journal of the European Communities                            No L 47/31
                                                      AGREEMENT
             between the European Economic Community and the Republic of Colombia on trade
                                                    in textile products
             THE COUNCIL OF THE EUROPEAN COMMUNITIES
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
             of the other part,
             DESIRING to ensure the orderly and equitable development of trade in textiles between the
             European Economic Comunity (hereinafter referred to as 'Community') and Colombia,
             HAVING regard to the provisions of the Arrangement regarding international trade in textiles
             (hereinafter referred to as 'the Geneva Arrangement') and in particular Article 4 thereof,
             HAVE DECIDED, in a spirit of mutual cooperation and in conformity with the said Geneva
             Arrangement, to conclude this Agreement and to this end have designated as their Pleni­
             potentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
                  Camillo PAOLI,
                  Head of Division in the Directorate-General for External Relations of the Commission
                  of the European Communities ;
             THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA :
                  German BULA-HOYOS,
                  Ambassador Extraordinary and Plenipotentiary,
                  Head of the Mission of the Republic of Colombia to the European Communities;
             WHO HAVE AGREED AS FOLLOWS :
                        Article 1                                Annex I. Both Parties recognize that the quantitative
                                                                 limits agreed in the present negotiations are without
1 . The parties recognize and confirm that, subject              prejudice to the possible future application of Article
to the provisions of this Agreement and without                  5 of this Agreement.
prejudice to their rights and obligations under the
General Agreement on tariffs and trade, the conduct
of their mutual trade in textile products shall be                                        Article 2
governed by the provisions of the Geneva
Arrangement.                                                     1 . The Community undertakes, in respect of the
                                                                 categories of textile products to which this Agreement
2. This Agreement shall apply to trade in those                  applies, and subject to the satisfactory operation of
categories of textile products originating in and                this Agreement, not to introduce new quantitative
dispatched from Colombia set out in Annex I.                     restrictions and to refrain from invoking the
                                                                 provisions of Article 3 of the Geneva Arrangement
3 . Quantitative limits for the said products have               provided that exports to the Community of such
been agreed between the Parties. Details of the                  textile products originating in and dispatched from
quantities and regions of the Community to which                 Colombia do not exceed the quantitative limits
such limits presently apply are likewise set out in              established under the provisions of this Agreement.
 ---pagebreak---  No L 47/32                          Official Journal of the European Communities                               18 . 2. 77
 2 . The Government of Colombia undertakes to take               (i)    cotton handloom fabrics of the cottage industry,
 the appropriate measures to ensure that the quanti­                    containing not more than 5% by weight of man­
 tative limits established under this Agreement are not                 made fibres, being fabrics which are both
 exceeded .                                                             traditionally of the kind woven on a loom and
                                                                        actually woven on a loom for which the motive
                                                                        power is provided entirely by the operators (that
 3 . The Community shall not object to the aforemen­                    is, where the three primary movements of
 tioned quantitative limits being exceeded in the event                 weaving, namely shedding, -picking and beating,
 of additional demand developing on the market of                       are induced by hand or foot and no other source
 the Community, on the understanding that any                           of power is used);
 additional quantities shall be fixed by common
 agreement between both Parties.
                                                                 (ii) goods made up by the cottage industry from
                                                                        such cotton handloom fabrics ;
 4. Both Parties undertake to cooperate in implemen­
 ting the measures necessary for the purpose of this             ( iii) traditional Colombian folklore handicraft textile
 Article.                                                               products cut, sewn or otherwise fabricated by
                                                                        hand in cottages which are units of the cottage
                                                                        industry.
                         Article 3
                                                                2. Admission into the Community of these products
 1 . Imports into the Community of those textile                without quantitative limit shall ibe subject to the
products to which this Agreement applies which are              satisfactory operation of agreed arrangements for
for immediate re-export or for inward processing                 certification .
and subsequent re-export outside the Community
shall not be subject to quantitative limits established
 under this Agreement, provided that they are entered                                     Article 5
as such under an administrative system of control in
 force for this purpose within the Community.
                                                                 1 . Both Parties agree to enter promptly into
2. In any case where Community authorities                       consultations with each other, at the request of either
 ascertain that imports as described in paragraph 1             and in conformity with the provisions of the Geneva
have been retained for consumption within the Com­              Arrangement, on any matter concerning their trade
munity, the latter shall notify the Government of               in textile products and in particular on any problems
Colombia on a quarterly basis of the amounts                    arising from the application of this Agreement.
involved . Colombia shall in siuch cases and at the             Consultations held under the provisions of this
request of the Community, charge such amounts                   Article shall be approached by both Parties in a spirit
against the quantitative limit or limits in question for        of compromise and with a view to the conciliation
the current Agreement year or for the following                 of differences existing between them.
Agreement year.
                                                                2. In view of the desire of the Community and
3 . In any case where the competent authorities                 Colombia to avoid real risks of market disruption
within the Community ascertain under an adminis­                on the one hand, and disruption of the Colombian
trative system of control in force that imports of              textile trade on the other, and having full regard to
textile products to which this Agreement applies have           the need for equitable treatment of participating
been charged against quantitative limits established            countries in the Geneva Arrangement, the following
under this Agreement but subsequently re-exported               specific consultation procedure shall apply to the
outside the Community, the competent authority                  products set out in Annex I to this Agreement.
concerned shall inform the Colombian authorities of
the quantities involved and authorize imports of the
same quantities which shall not be charged to the               3 . The Community may request consultations with
quantitative limits under this Agreement.                       a view to reaching agreement on an appropriate level
                                                                of restraint, where such does not already exist, for
                                                                any product set out in Annex I whenever, in the
                         Article 4
                                                                view of the Community, conditions in any of its
                                                                markets are such that a limitation on further trade
                                                                in any such product may be necessary to eliminate
1 . The following Colombian textile products shall,             real risks of market disruption ( as defined in Annex A
subject to the conditions indicated hereafter, be               to the Geneva Arrangement). The consultation
admitted into the Community without quantitative                procedure referred to in this paragraph will be
limit :                                                         resorted to only sparingly and will be implemented
 ---pagebreak--- 18 . 2 . 77                         Official Journal of the European Communities                           No L 47/33
in a manner consistent with the principles and                                          Article 6
objectives of the Geneva Arrangement.
                                                               If, having regard to the provisions of the Geneva
                                                               Arrangement, Colombia considers that as a result
4. The request for such a consultation shall be                of the quantitative limits established under this Agree­
accompanied, within a reasonable period of time, by            ment, it is being placed in an inequitable position as
a statement of the market conditions in the Com­               compared with a third country, Colombia may
munity which, in the opinion of the Community,                 request consultations with the Community with a
make necessary the request for consultations.                  view to taking appropriate action consistent with
                                                               both Parties' international rights and obligations.
5 . Until such time as a mutually satisfactory solution
 has been reached, Colombia undertakes, if so                                           Article 7
 requested by the Community, to limit the issue of
 export licences for the products in question to the           1 . Portions of any quantitative limit established
 region or regions of the Community market indicated           under this Agreement which are not used during any
 by the Community, in order not to exceed, at an               Agreement year may be carried over and added to
 annual rate, the level of 107% of the imports recorded        the corresponding quantitative limit in the following
 in the 12 months ending three months before the date          Agreement year, within a limit of 10% of the latter.
 on which the request for consultations was made.
                                                               2. Within a limit of 10% of each of the quantitative
 6. In order to ensure the satisfactory operation of           limits established under this Agreement, advance
 this Agreement and in particular Article 5 thereof,           deliveries shall be authorized from the corresponding
 Colombia agrees to inform the Community immedi­               quantitative limit established for the following Agree­
 ately upon receipt of any applications for export              ment year.
 licences covering exceptionally large amounts or
 which are concentrated in particular product cate­            3 . Within any one Agreement year, unused portions
 gories or subcategories. In judging what constitute           of quantitative limits established under this Agree­
 exceptionally large amounts Colombia shall have               ment in respect of any region of the Community
 regard to recent levels of trade and shall ensure that        market may be transferred to another quantitative
  the quantities covered by the issue of the export            limit established for that same region of the
 licences in question will not be such as to cause a            Community market within a ceiling of 7% of the
 sharp and substantial increase of imports of the               recipient quantitative limit.
 products in question into the Community or any
 region thereof.
                                                               4. The preceding flexibility provisions shall not, in
                                                                any given Agreement year, result in a quantitative
 7. Both parties shall consult as soon as possible             limit for any category tbeing exceeded by more than
 within 30 days following communication of the state­          20% of the quantitative limit for that category for
 ment referred to in paragraph 4 and shall make their           that Agreement year.
 best efforts to complete such consultations within
 30 days of their commencement.                                5 . The flexibility provisions contained in this Article
                                                                may be applied by Colombia only following written
                                                                notification to the Community by the Colombian
 8 . If the Parties are unable to reach a satisfactory          authorities .
 solution during the consultation provided for in this
 Article within a reasonable period of time, either
 Party may refer the matter to the Textiles Surveillance                                Article 8
 Body in accordance with Article 11 (4) of the Geneva
 Arrangement.                                                   Colombia shall endeavour to ensure that exports of
                                                                all textile products for which quantitative limits may
 Either Party choosing to adopt such a course of action         be established under this Agreement are spaced out
 shall notify the other in advance of its intention .           as evenly as possible over each of the Agreement
                                                                years, due account being taken, in particular, of
                                                                seasonal factors .
 9 . At the request of Colombia, consultations will
 take place in order to review the need for the main­
 tenance or modification of any quantitative limit                                      Article 9
 established under this Article whenever the market
 conditions which led to the establishment of such              Both Parties agree to exchange all useful information
 quantitative limits no longer prevail.                         concerning their mutual trade in textile products in
 ---pagebreak--- No L 47/34                         Official Journal of the European Communities                               18 . 2. 77
order to ensure the successful implementation of this                                 Article 12
Agreement.
                                                              This Agreement shall apply to the territories where
                       Article 10
                                                              the Treaty establishing the European Economic
                                                              Community applies, on the conditions established in
                                                              the said Treaty, and to the territories of the Republic
1 . The Parties agree that the quantitative limits             of Colombia.
established under this Agreement shall be managed
under a system of double checking, the details of
which are set out in Annex II to this Agreement.                                     Article 13
2. Colombia therefore agrees to furnish the                    1 . This Agreement shall enter into force on the first
Community, on a quarterly basis, with precise stat­           day of the month fallowing the date on which the
istical information on all export licences issued by          Contracting Parties have notified each other of the
the authorities of Colombia for all categories of             completion of the procedures necessary for the pur­
textile exports to the Community to which this Agree­         pose. It shall remain in force until 31 December 1977.
ment applies.
                                                              2. This Agreement shall have effect from 1 January
3 . The Community shall likewise forward to the                1976 .
authorities of Colombia, on a quarterly basis, precise
statistical information on imports of such products
into the Community.                                           3 . Either Party may at any time propose amendments
                                                              to this Agreement or denounce it provided that notice
                                                              is given at least 120 days before the expiry of any
                       Article 11                             12-month period ; in the latter event, the Agreement
                                                               will come to an end at the expiry of the said 12-month
1 . Both Parties shall take all possible measures to          period.
ensure that traditional channels and methods of trade
between the Community and Colombia are main­                  4 . The Annexes to this Agreement shall form an
tained.                                                       integral part thereof.
2. Should the Community inform Colombia that the
application of this Agreement has given rise to diffi­                               Article 14
culties regarding the maintenance of existing
commercial relations between importers in the                 This Agreement shall ibe drawn up in two copies in
Community and their suppliers in Colombia, the                the Danish, Dutch, English, French, German, Italian
Parties agred to consult in accordance with the pro­          and Spanish languages, each of these texts being
cedure set out in Article 5(1 ).                              equally authentic.
 ---pagebreak--- 18.2 . 77                               Official Journal of the European Communities                                                  No L 47/35
                                                                  ANNEX 1
                                         Quantitative limits established under Article 1
           1 . Colombia shall limit exports of the products listed below to the regions of the Community
           market and to the quantitative limits indicated.
                                                                                                             Annual quantity­
                CCT                                                                                         tin tonnes, unless
                                                                               Community
              heading                       Description                           region                  otherwise indicated)
                 No
                                                                                                        1976                1977
                55.05      Cotton yarn not put up for retail                         BNL                 1 000               1 070
                           sale                                                        I                 2 600               2 782
           ex 55.0.9       Woven fabrics of cotton :
                           — Unbleached or bleached                                    I                 1 9 80              2 119
           ex 55.09        Woven fabrics of cotton :
                           — Other than unbleached or                               BNL                    500                 535
                               bleached                                               I                  1 050               1 124
               55.09       Other woven fabrics of cotton                          UK o             2 050 000           2 193 500
                                                                                                        m2                  m2
               51.04       Woven fabrics of man-made fibres
                           (continuous) including woven
                           fabrics of monofil or strip of
                           heading No 51.01 or 51.02 :
                           A. Woven fabrics of synthetic
                               textile fibres                               ■     UK (*)                   300                 321
               56.07       Woven fabrics of man-made fibres
                           (discontinuous or waste) :
                           A. Of synthetic textile fibres
          (') For the purpose of the application of Article 7 of this Agreement in respect of the quantitative limits provided for in
              this Annex for the United Kingdom, an equivalence of 2 500 square metres per tonne has been agreed between the
              Parties .
          2. Should the quantitative limits referred to above remain in force for a further period, or
          periods, of 12 months, the level for that period shall not be lower than the level specified for
          the preceding 12-month period, increased by not less than 7%.
 ---pagebreak--- No L 47/36                           Official Journal of the European Communities                            18 . 2. 77
                                                           ANNEX II
                                                  System of double checking
           As agreed between the Parties in Article 10 of the Agreement, the administration of exports of
           textile products from Colombia and imports into the Community will be based on a system
           of double checking. The details of this system have been agreed between the Parties and are
           set out below.
           The competent authorities within the Community will, automatically and without delay, accept
           imports of textile products on submission of the importer's application together with a certi­
           fied copy of the export licence. The competent authorities within the Community shall be
           entitled to require the presentation of an export licence in respect of goods originating in
           Colombia of the categories in respect of which the provisions of Article 5 have been invoked.
           These export licences will be issued by the Colombian authorities (*) up to the total amount of
           the agreed ceilings.
           The export licences issued by the Colombian authorities shall be applicable to the products
           subject to restraint under the Agreement.
           The export licence must specify:
            1 . destination (relevant Member State),
           2. serial number,
           3 . importer's name and address,
           4. exporter's name and address,
           5. net weight (in kilograms or tonnes, or other units designated in the Agreement),
            6. category and description of product,
            7. certification by the Colombian authorities that the quantity has been debited against the
                  agreed ceiling for exports to the Community (relevant Member State) or, where appropriate,
                  is for immediate re-export or for inward processing and subsequent re-export outside the
                  Community.
            The competent authorities within the Community will not raise difficulties in the event of a
            discrepancy between the weight indicated in the export licence and the shipment or import
            weight provided that it is within reasonable limits, while the Colombian authorities, for their
            part, will endeavour to keep any discrepancies to a minimum.
            In the event of total or partial withdrawal of an export licence, the Colombian authorities will
            notify the competent authorities within the Community thereof. The authorities of the Member
            States of the Community will take the appropriate measures in accordance with their existing
            administrative provisions.
            The Colombian authorities will forward to the competent authorities within the Community,
            via the representatives of the Member States of the Community and to the Commission,
            quarterly returns showing the total quantity covered by the export licences issued against the
            quantitative limits for exports to the Member States of the Community, for all categories of
            exports of textile products to the Community to which this Agreement applies.
            The Community will forward to the Colombian authorities, on a quarterly basis, precise sta­
            tistical information on imports of such products into the Community.
             (*) INCOMEX (Instituto Colombiano de Comercio Exterior).
 ---pagebreak--- 18 . 2. 77                            Official Journal of the European Communities                            No L 47/37
                                                         ANNEX III
                                          Handloom and textile handicraft articles
           1 . In accordance with Article 12 (3 ) of the Geneva Arrangement, the Community and Colombia
               have agreed in Article 4 of the Agreement that, subject to certain conditions, Colombian
               exports of certain handloom and textile handicraft products would be admitted into the
               Community without quantitative limit. The conditions set out in Article 4 (2) of the Agree­
               ment specify that admission of such products into the Community without quantitative
               limit shall be subject to the satisfactory operation of agreed arrangements for certification.
           2. The Community and Colombia hereby agree that in carrying out the provisions of Article 4
                of the Agreement the following form of certificate shall be used.
                'Certificate in regard to cotton handloom fabrics and products thereof
               name and address of manufacturer,
               name and address of exporter,
               name and address of importer within the Community,
               description of goods,
               quantity (tonnes),
               name of ship or flight number,
               port or airport of destination.
               This is to certify that the above shipment consists of:
                (i) cotton handloom fabrics of the cottage industry, containing not more than 5%> by weight
                      of man-made fibres, being fabrics which are both traditionally of the kind woven on
                      handlooms and actually woven on a loom for which the motive power is provided
                      entirely by the operators (that is, where the three movements of weaving, namely
                      shedding, picking and beating, are induced by hand or foot and no other source of
                      power is used );
                (ii) goods made up by the cottage industry from such cotton handloom fabrics;
                (iii) traditional Colombian folklore handicraft textile products cut, sewn, or otherwise
                      fabricated by hand in cottages which are units of the cottage industry.
                                                                              Signed                   '
           3. The body which shall be authorized to issue the above certificates is INCOMEX (Instituto
           Colombiano de Comercio Exterior).
 ---pagebreak--- No L 47/38                           Official Journal of the European Communities                            18 . 2 . 77
                                                        ANNEX IV
           Exchange of letters concerning the Agreement between the European Economic Community
                              and the Republic of Colombia on trade in textile products
           Sir,
           In concluding the negotiations held between the Government of Colombia and the European
           Economic Community which have led this day to the signing of an Agreement on trade in
           textile products, I have the honour to confirm the following record of understanding:
           In the view of the Colombian delegation the quantitative limit for Italy for woven cotton fabrics
           other than unbleached or bleached (ex 55.09) for the year 1976 as shown in Annex I, did not
           take fully into account the potential of Colombian exports to this Community market.
           A review may be held, at the request of Colombia, in order to assess the position and to
           determine, on a mutually agreed basis, whether and to what extent an upward revision of the
           quantitative limit in question should be made.
           I should be grateful for your confirmation that the above correctly represents our understanding
           in the matter.
           Please accept, Sir, the assurances of my highest consideration.
                                                                                For the Government
                                                                           of the Republic of Colombia
           Sir,
           I have the honour to refer to your letter of today's date in the following terms :
                 'In concluding the negotiations held between the Government of Colombia and the
                 European Economic Community which have led this day to the signing of an Agreement
                 on trade in textile products, I have the honour to confirm the following record of under­
                 standing:
                 In the view of the Colombian delegation the quantitative limit for Italy for woven cotton
                 fabrics other than unbleached or bleached (ex 55.09) for the year 1976 as shown in Annex I,
                 did not take fully into account the potential of Colombian exports to this Community
                 market.
                 A review may be held, at the request of Colombia, in order to assess the position and to
                 determine, on a mutually agreed basis, whether and to what extent an upward revision
                 of the quantitative limit in question should be made.
                 I should be grateful for your confirmation that the above correctly represents our under­
                 standing in the matter.'
            I confirm that this correctly sets out our understanding in the matter.
            Please accept, Sir, the assurance of my highest consideration.
                                                                                  For the Council
                                                                           of the European Communities
 ---pagebreak--- 18 . 2 . 77                         Official Journal of the European Communities                              No L 47/39
                                                        ANNEX V
                           Letter from the Colombian Delegation concerning Italian imports
                                                                                      Brussels, 29 April 1976
            Sir,
            With reference to the Agreement between Colombia and the European Economic Community
            on trade in textile products initialled on 29 April 1976, I have the honour to confirm that, in
            view of the level of Italian imports of unbleached and bleached cotton cloth from Colombia
            effected in the period from 1 January 1976 to 31 December 1976 under the quantitative limit
            laid down in the Agreement, the Colombian authorities will take the measures necessary to
            avoid Colombian exports of the above products exceeding the quantitative limit laid down for
            the period concerned.
            The Colombian delegation understands that the quantitative limit of 1 980 tonnes, as laid down
            by the Agreement for 1976, may be reduced by the quantities imported up to 1 May 1977, i.e.
            700 tonnes .
            Please accept, Sir, the assurance of my highest consideration.
                                                                               Alberto GALEANO
                                                                                   Head of the
                                                                              Colombian delegation
 ---pagebreak--- No L 47/40                          Official Journal of the European Communities                                18 . 2 . 77
                                                       ANNEX VI
           Letter from the Delegation of the European Economic Community concerning imports by the
                                            Federal Republic of Germany
                                                                                         Brussels, 3 May 1976
           Sir,
           I have the honour to refer to the negotiations between our respective delegations for an Agree­
           ment on trade in textile products which has been initialled on 29 April 1976, in particular, to
           my statement regarding the situation on the Community market in the Federal Republic of
           Germany as regard the imports of cotton yarn and grey bleached cotton cloth from
           Colombia.
           I wish to stress again to the Colombian authorities the serious concern with which the
           Community views the developments in this trade.
           Import data for the products in question for a period of three years until the end of 1975 is as
           follows :
                                            1973                       1974                        1975
           Cotton yarn                       1512 tonnes               2 596 tonnes               4 206 tonnes
           Cotton cloth                       —                          248 tonnes                1 145 tonnes
           The Community does not wish, on this specific question, at present to seek consultations with
           the Colombian authorities in the framework of the provisions of our bilateral agreement.
            The Community is convinced that the Colombian authorities, in the same spirit in which the
           negotiations have been conducted, will give due consideration to the difficulties mentioned
            above and that they will take appropriate steps in order to effect, in the immediate future, a
           stabilization in this trade, thus avoiding the necessity for recourse to the consultation procedure
           contained in the bilateral agreement between the Community and Colombia.
            Yours faithfully,
                                                                                   C. PAOLI