EL CONSEJO DE LAS COMUNIDADES EUROPEAS,
Visto el Tratado constitutivo de la Comunidad Económica Europea y, en particular, su artículo 113,
Vista la recomendación de la Comisión,
Considerando que es conveniente aprobar el Acuerdo sobre el comercio de productos textiles entre la Comunidad Económica Europea y Hong Kong,
DECIDE:
Artículo 1
Queda aprobado, en nombre de la Comunidad Económica Europea, el Acuerdo sobre el comercio de productos textiles entre la Comunidad Económica Europea y Hong-Kong.
El texto del Acuerdo se adjunta a la presente Decisión.
Artículo 2
El Presidente del Consejo procederá a la notificación prevista en el artículo 17 del Acuerdo (1).
Hecho en Luxemburgo, el 8 de abril de 1986.
Por el Consejo
El Presidente
G. M. V. van AARDENNE
ACUERDO
entre la Comunidad Económica Europea y Hong-Kong sobre el comercio de productos textiles (2)
AGREEMENT
between the European Economic Community and Hong Kong on trade in textile products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
of the one part, and
THE GOVERNMENT OF HONG KONG,
of the other part,
RECOGNIZING the importance of trade in textile products between the European Economic Community (hereinafter referred to as the "Community") and Hong Kong,
HAVING REGARD to the Arrangement regarding International Trade in Textiles and in particular Article 4 thereof, and to the Protocol extending the said Arrangement together with the conclusions adopted on 22 December 1981 by the Textiles Committee, which Arrangement, Protocol and Conclusions are hereinafter referred to as the "Geneva Arrangement",
HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries,
THE COUNCIL OF THE EUROPEAN COMMUNITIES:
THE GOVERNMENT OF HONG KONG:
WHO HAVE AGREED AS FOLLOWS:
Article 1
1. The parties recognize and confirm that, subject to the provisions of this Agreement and without 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 governed by the provisions of the Geneva Arrangement.
2. In respect of the products covered by this Agreement, the Community undertakes not to introduce quantitative restrictions under Article XIX of the General Agreement on Tariffs and Trade or Article 3 of the Geneva Arrangement.
3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products covered by this Agreement shall be prohibited.
Article 2
1. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres which originate in Hong Kong and are listed in Annex I.
2. The classification of the products covered by this Agreement is based on the nomenclature of the Common Customs Tariff and on the Nomenclature of Goods for the External Trade Statistics of the Community and the Statistics of Trade between Member States (NIMEXE).
3. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community and the procedures for control of the origin of the products set out in Protocol A.
Article 3
Hong Kong agrees to restrain its exports to the Community of the products described in Annex II to the limits set out therein for each Agreement year.
Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.
Article 4
Hong Kong and the Community recognize the special and different character of reimports of textile products into the Community after processing in Hong Kong.
Such reimports may be provided for outside the quantitative limits established under this Agreement provided that they are effected in accordance with the regulations on economic outward processing in force in the Community.
Article 5
1. Exports to the Community of textile products covered by this Agreement shall not be subject to the quantitative limits established in Annex II, provided that the export licence certifies that the products concerned are for re-export outside the Community in the same state or after processing.
2. Where the competent authorities in the Community have evidence that products exported from Hong Kong and set off by Hong Kong against a quantitative limit established in Annex II have been subsequently re-exported outside the Community, the authorities concerned shall notify Hong Kong of the quantities involved. Upon receipt of such notification, Hong Kong may authorize exports for the current or the following Agreement year of identical quantities of products, within the same category, which shall not be set off against the quantitative limits established in Annex II.
Article 6
1. In any one Agreement year advance use of a portion of the quantitative limit established for the following Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 15 (1), for each category of products between 1 % and 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 amounts not used during any one Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 15 (1) for each category of product between 1 % and 5 % of the quantitative limit for the currrent Agreement year.
3. Transfers in respect of categories in Group I shall not be made from any categories except as follows:
- transfers between categories 2 and 3 may be made for any Agreement year up to 3,5 % of the quantitative limit for the category to which the transfer is made,
- transfers between categories 4, 5, 6, 7 and 8 may be made for any Agreement year up to 3,5 % 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 for any Agreement year up to 5 % of the quantitative limit for the category to which the transfer is made.
The table of equivalence applicable to such transfers is given in Annex I to this Agreement.
4. 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 the following limits:
- for categories of products in Group I 10 %
- for categories of products in Groups II and III 11 %.
5. Prior notification shall be given by the authorities of Hong Kong in the event of recourse to the provisions of paragraphs 1, 2 and 3 above.
6. Hong Kong shall provide the Community with export data showing the amounts of carryover available in any Agreement year. If substantial statistical differences exist between the export data from which the amount to be carried over is calculated and the Community's data the Community may, within the first 120 days of the following Agreement year, request consultations in accordance with the procedures referred to in Article 15 (1) on the amounts involved. Any such request shall be accompanied by full particulars of the alleged statistical differences. Where such a request is made, the portions carried over shall not be used until the parties have completed consultations. If no such request is made within a 120-day period, the portion carried over shall be presumed to have been calculated correctly.
Article 7
1. Given the desire of both parties to eliminate real risks of market disruption, and in view of the well-established and effective Hong Kong System of export authorization, the following procedures shall apply.
2. Exports of textile products described in the categories listed in Annex I which are not subject to quantitative limits in Annex II shall be subject to the issue of export authorizations.
3. In respect of textile products covered by export authorization mentioned in paragraph 2 above, the Community may request consultations in accordance with the procedure described in Article 15 (1) with a view to establishing a quantitative limit.
4. Until a mutually acceptable conclusion has been arrived at by means of such consultation, Hong Kong undertakes, if so requested, to suspend from the date of receipt of the request for consultation, the issue of export authorizations for the product or products in any category concerned, and to inform the Community forthwith of the level of quantities covered by export authorizations issued at the time of suspension. The Community shall accept exports from Hong Kong of the product or products concerned in respect of export authorizations issued prior to the receipt of the request for suspension.
5. Should the parties be unable in the course of consultations held in accordance with the provisions of paragraph 3 to reach a mutually acceptable solution. Hong Kong undertakes, if so requested by the Community, to limit exports of the product or products in the category in question for the Agreement year in which the request for consultations is made to an annual level not lower than the highest of the following:
(a) the level of imports into the Community in 1980 of products originating in Hong Kong in that category;
(b) the level resulting from the application of paragraph 8 below,
(c) the level resulting from the application of paragraph 9 below;
(d) 106 % of the level of exports reached during the calendar year preceding that in which the level of export authorizations issued by Hong Kong exceeded the level resulting from the application of paragraphs 8 and 9 and gave rise to the request for consultations; or
(c) the level of export authorizations already issued at the time of suspension.
6. The annual growth rate for the quantitative limits introduced under this Article shall be determined during the course of the consultations referred to in paragraph 3 above.
7. The provisions of this Article may be invoked by the Community at a regional level.
8. The Community undertakes not to invoke the provisions of paragraph 3 of this Article before the level of export authorizations for textile products mentioned in paragraph 2 in any category exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates:
- for categories of products in Group I 00,2 %,
- for categories of products in Group II 1,0 %,
- for categories of products in Group III 3,0 %.
9. The Community further undertakes not to invoke the provisions of this Article on a regional basis before the level of export authorizations for textile products mentioned in paragraph 2 in any category exceeds the following regional percentages of the levels referred to in paragraph 8:
Germany ...........28,5%,
Benelux ...........10,5%,
France ............18,5%,
Italy .............15,0%
Denmark ............3,0%,
Ireland ............1,0%,
United Kingdom ....23,5%,
Greece .............0 %.
10. Up to the date of communication of the statistics referred to in Article 9 (6), the provisions of paragraph 2 as qualified by paragraphs 7 and 8 of this Article shall apply on the basis of the annual statistics previously communicated by the Community.
11. In order to facilitate forecasts of Hong Kong's future export trends, Hong Kong undertakes to supply the Community with half-monthly statistical returns showing the quantities covered by the export authorizations mentioned in paragraph 1 which are issued under the System to Hong Kong exporters. Such data on export authorizations shall be provided by the Hong Kong authorities promptly in such detail and as frequently as the Community may reasonably request.
12. In the implementation of the provisions of this Article Hong Kong shall notify the Community immediately upon receipt of any application for an export authorization in an exceptionally large amount.
13. The Hong Kong authorities undertake to notify the Community of any changes to the Export Authorization System having a direct effect on the implementation of this Agreement. Where necessary, consultations may be requested under Article 15 (1) of this Agreement.
14. The provisions of this Agreement which concern exports of products subject to the quantitative limits established in Annex II shall also apply to products for which quantitative limits are introduced under this Article.
Article 8
1. Where the Community ascertains that the level of imports in a given category of Group I subject to quantitative limits set out in Annex II exceeds in any Agreement year the level of imports in the preceding year by 10 % of the level of the quantitative limit set out in Annex II for the current Agreement year, it may request the opening of consultations in accordance with the provisions described in Article 15 (1) of the Agreement with a view to reaching agreement on:
- the suspension, wholly or in part, of the provisions of Article 6, or
- a modification of the quantitative limit set out in Annex II by the establishment of an ad hoc limit below the existing quantitative limit,
- as well as the corresponding equitable and quantifiable compensation.
2. The Community shall authorize the importation of products of the said category shipped from Hong Kong before the date on which the request for consultations was submitted.
Pending a mutually satisfactory solution, Hong Kong undertakes for a period of one month from the date of notification of the request for consultations to restrain exports of the products in the category concerned to the Community or to the region or regions of the Community market specified by the Community to one-twelfth of the level of exports reached during the preceding calendar year.
3. A quantitative limit modified as a result of the application of paragraph 1 in any year preceding the final Agreement year shall be subject to a growth rate so as to ensure that the level of the quantitative limit set out in Annex II for the final Agreement year is regained in that year.
4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 15 (1) of the Agreement, Hong Kong undertakes, if so requested by the Community:
- to suspend wholly or in part, the provisions of Article 6 in respect of the Community or any of its regions for the category concerned, or
- to modify the quantitative limit set out in Annex II for the category concerned so as to restrain exports to the Community or any of its regions to 125 % of imports attained during the preceding calendar year, or to the level of exports up to the date of the request for consultations plus the level of exports provided for during the consultation period under paragraph 2, whichever is the higher.
In the event that the provisions of this paragraph are applied, the Community undertakes to maintain an offer of equitable and quantifiable compensation.
The application of the measures provided for in this paragraph is limited to the year in which the measures are taken.
5. The provisions of paragraph 1 shall not apply to a given category unless the quantitative limits established in Annex II for the Community for that category represent at least 1 % of total Community imports during 1980.
6. The provisions of paragraph 1 shall not apply to a given category unless the level of imports originating in Hong Kong during the current Agreement year represent at least 50 % of the quantitative limit set out in Annex II for that category in the Community as a whole or in any region or regions of the Community concerned.
7. Any limit modified in accordance with the provisions of paragraph 1 or 4 may in no case be lower than the level of imports of products in that category originating in Hong Kong in 1980.
8. The provisions of the Article also apply where the level referred to in paragraph 1 is exceeded in any of the Community's regions. In such a case the compensation referred to in paragraphs 1 and 4 will concern the region or regions of the Community indicated in the Community's request for consultations.
9. With a view to limiting recourse to paragraph 1 of this Article, Hong Kong undertakes to inform the Community of any sharp and substantial increases in the issue of export licences for any category which is likely to lead to the fulfilment of the conditions required for the application of the present Article.
Article 9
1. Hong Kong undertakes to supply the Community with precise statistical information on all export licences issued by the Hong Kong authorities for all categories of textile products subject to the quantitative limits established under this Agreement.
Hong Kong shall set out in its periodical statistical reports the maximum export levels for each category subject to a quantitative limit and the rate of utilization of these levels.
2. The Community shall likewise supply to the Hong Kong authorities precise statistical information on import documents issued by the Community authorities in respect of export licences issued by Hong Kong.
3. The information referred to in paragraphs 1 and 2 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics related.
4. The Community shall transmit to the Hong Kong authorities import statistics for all products covered by Article 7, and for products covered by Article 5 (2).
5. The information referred to in paragraph 4 shall, for all categories of products, be transmitted before the end of the third month following the quarter to which the statistics relate.
6. For the purpose of applying the provisions of Article 7 and Article 8, the Community undertakes to provide the Hong Kong authorities before 15 April of each year with the preceding years statistics on imports of all textile products covered by this Agreement, broken down by the supplying country and Community Member States.
7. Should it be found on analysis of the information exchanged above that there are significant discrepancies between the returns for exports and those for imports, consultations may be initiated in accordance with the procedure specified in Article 15 of this Agreement.
Any such consultations shall be resolved on the basis of the agreed descriptions of the products contained in Annex I.
8. Hong Kong also undertakes to supply the Community with statistical information on all textile exports by country of destination. This information shall be transmitted before the end of the third month following the quarter to which the statistics refer.
Article 10
1. The authorities of Hong Kong shall be informed of any amendment to the Common Customs Tariff or NIMEXE on any decision, made in accordance with the procedures in force in the Community, relating to the classification of products covered by this Agreement.
Any amendment to the Common Customs Tariff or Nimexe or any decision which results in a modification of the classification of products covered by this Agreement shall nor have the effect of reducing Hong Kong's ability to use the quantitative limits established in Annex II.
The procedures for the application of this paragraph are si out in Protocol A.
2. In case of divergent opinions between Hong Kong and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, consultations in accordance with Article 15 (1) shall be held with a view to reaching agreement on the appropriate classification of the products concerned and to resolving any difficulties arising therefrom.
For this purpose, the authorities of Hong Kong shall be informed by the competent authorities of the Community as soon as a case of divergent opinions on the classification of products arises.
Pending agreement on the appropriate classification and in order to avoid disruption to trade, the products in question shall be imported on the basis of the classification indicated by the competent Community authorities at the point of entry, in conformity with the provisions of this Agreement.
Article 11
1. Hong Kong and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, re-routeing or whatever other means.
2. Where information available to the Community as a result of the investigations carried out in accordance with the procedures set out in Protocol A constitutes evidence that products of Hong Kong origin subject to quantitative limits established under this Agreement have been transhipped, re-routed or otherwise imported into the Community in circumvention of this Agreement, the Community may request the opening of consultations in accordance with the procedures described in Article 15 (1) of this Agreement with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative limits established under the Agreement.
3. Should the parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 15 (1) of the Agreement the Community shall have the right, where clear evidence of circumvention has been provided, to deduct from the quantitative limits established under this Agreement amounts equivalent to the products of Hong Kong origin.
Article 12
1. Hong Kong shall endeavour to ensure that exports of textile products subject to quantitative limits are spaced out as evenly as possible over an Agreement year, due account being taken, in particular, of seasonal factors.
2. Export data shall be provided by the Hong Kong authorities promptly in such detail and as frequently as the Community may reasonably request. If, on the basis of such export data, the Community has evidence that there is a sharp and substantial increase in the concentration of exports, other than a concentration attributable to normal seasonal factors, of particular products in any one category subject to quantitative limits established in Annex II, the Community may request consultations in accordance with the procedure specified in Article 15 of this Agreement with a view to remedying this situation.
Article 13
1. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down into shares for each of the Community's regions as set out in Annex II.
2. The Community undertakes to examine with care and reply within four weeks to any request by Hong Kong for a portion of any quantitative limit established in Annex II not used in one region of the Community to he re-allocated to another region.
If, in the course of the application of the Agreement Hong Kong finds that the breakdown of a limit established in Annex II causes particular difficulties, it may request the opening of consultations in accordance with the procedure specified in Article 15 with a view to reaching a mutually satisfactory solution.
3. Should it appear in any given region of the Community that additional supplies are required, the Community may, where measures taken pursuant to paragraph 1 above are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.
Article 14
Hong Kong and the Community undertake to refrain from discrimination in the allocation of export licences and import documents respectively. Article 15
1. The special consultation procedures referred to in this Agreement shall be governed by the following rules:
- any request for consultations shall be notified in writing to the other Party, together with a statement setting out the reasons and circumstances which, in the opinion of the requesting Party, justify the submission of such a request,
- the Parties shall enter into consultations within 15 days at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within a further 15 days at the latest.
2. If necessary, at the request of either of the Parties and in conformity with the provisions of the Geneva Arrangement, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the differences between them.
Article 16
This Agreement shall apply, to the territories within which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty, on the one hand, and to the territory of Hong Kong on the other hand.
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 this purpose. It shall be applicable until 31 December 1986.
2. This Agreement shall apply with effect from 1 January 1983.
3. Either Party may at any time propose modifications to this Agreement.
4. Either Party may at any time denounce this Agreement provided that at least 90 days' notice is given. In that event the Agreement shall come to an end on the expiry of the period of notice.
5. The Annexes and Protocols to this Agreement and the Declarations and Exchanges of Letters accompanying it shall form an integral part thereof.
Article 18
This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek and Italian languages, each of these texts being equally authentic.
ANNEX I
The NIMEXE code in the third column is for the internal purposes of the Community.
Goods classified in Annex I and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates in weight over any other single textile material.
GROUP I A
(TABLA OMITIDA)
GROUP I B
(TABLA OMITIDA)
GROUP II A
(TABLA OMITIDA)
GROUP II B
(TABLA OMITIDA)
GROUP III A
(TABLA OMITIDA)
GROUP III B
(TABLA OMITIDA)
GROUP III C
(TABLA OMITIDA)
ANNEX II
For the full description of the products in this Annex, see column 4 of Annex I.
For the purposes of the provisions of Article 6, a sublimit within a category or a footnote limit set out in Annex II shall be considered as a category.
Spaces for Member States' quota shares for 1984 to 1986 will be completed in respect of each region showing positive annual growth.
COMMUNITY RESTRAINT LEVELS
(TABLA OMITIDA)
PROTOCOL A
TITLE I
CLASSIFICATION
Article 1
1. The competent authorities of the Community undertake to inform Hong Kong of any changes in the Common Customs Tariff or NIMEXE before their entry into effect in the Community.
2. The competent authorities of the Community undertake to inform Hong Kong of any Community decision adopted in accordance with the procedures in force in the Community and relating to the classification of products subject to the present Agreement within one month of such decision being adopted at the latest. Such communication shall include:
(a) a description of the products concerned;
(b) the relevant category, tariff position or sub-position and the NIMEXE code;
(c) the reasons which have led to the decision.
3. Where a Community decision on classification results in a change of classification practice or a change of categorization of any product subject to the present Agreement, the competent authorities of the Community shall provide 30 days' notice, from the date of the Community's communication, before the decision comes into effect.
Products shipped before the date of the 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 categorization of any product subject to the present Agreement affects a category subject to restraint, the Community undertakes to enter into consultations without delay in accordance with the procedures described in Article 15 (1) of this Agreement with a view to agreeing necessary adjustments to the appropriate quantitative limits established in Annex II and mitigating any disruptive effects which might arise from such a Community decision.
TITLE II
ORIGIN
Article 2
1. Products originating in Hong Kong for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Hong Kong origin conforming to the model annexed to this Protocol.
2. The certificate of Hong Kong origin shall be issued by the competent governmental authorities of Hong Kong if the products in question can be considered products originating int that country within the meaning of the relevant rules it force in the Community.
3. Certificates of Hong Kong origin shall contain a full and detailed description of the goods. In particular, certificates of Hong Kong origin shall indicate:
- in respect of clothing, shipments where the articles in question are incomplete or unfinished,
- in respect of fabrics, including knitted or crocheted fabric and products of categories 95 and 96, shipments when the products in question are dyed, printed, impregnated or coated,
- and in respect of products of categories 19, 20, 38B, 39, 40 and 84, shipments where the articles in question an embroidered.
4. The certificate of Hong Kong origin referred to it paragraph 1 shall not be required for import of goods covered by a certificate of origin Form A completed it accordance with the relevant Community rules in order n qualify for generalized tariff preferences.
TITLE III
DOUBLE - CHECKING SYSTEM FOR CATEGORIES FOR PRODUCTS WITH QUANTITATIVE LIMITS
Section I
Exportation
Article 3
The competent authorities of Hong Kong shall issue an export licence in respect of all consignments from Hong Kong of textile products referred to in Annex II up to the relevant quantitative limits as may be modified by Articles 6, 8 and 13 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Articles 7 and 8 of the Agreement.
Article 4
1. The export licence shall conform to the model annexed to this Protocol. It must certify inter alia that the quantity of the product in question has been set off against the quantitative limit prescribed for the category of the product in question.
2. Each export licence shall only cover one of the categories of products listed in Annex II of this Agreement.
Article 5
The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued.
Article 6
1. Exports shall be set off against the quantitative limits established for the year in which shipment of the goods has been effected, even if the export certificate is issued after such shipment.
2. For the purposes of applying paragraph 1, the date of shipment of the goods is considered to be the date of their loading on to the exporting aircraft, vehicle or vessel.
Article 7
The presentation of an export licence, in application of Article 8 below, 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 8
Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of appropriate import documents.
Article 9
1. The competent Community authorities shall issue such import documents automatically within five working days of the presentation by the importer of the original of the corresponding export licence. Import documents shall be valid for six months.
2. The competent Community authorities shall cancel the already issued import documents if the corresponding export licence has been withdrawn.
However, if the competent Community authorities have not been notified about the withdrawal or cancellation of the export licence until after the products have been imported into the Community, the quantities involved shall be set off against the quantitative limit for the category and the quota year in question and Hong Kong shall be informed as soon as possible.
Article 10
1. If the competent Community authorities find that the total quantities covered by export certificates issued by Hong Kong for a particular category in any Agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 6, 8 and 13 of the Agreement, or any definitive or provisional limit established under Article 7 or 8 of the Agreement, the said authorities may suspend the further issue of import documents. In this event, the competent Community authorities shall immediately inform the authorities of Hong Kong and the special consultation procedure set out in Article 15 (1) of the Agreement shall be initiated forthwith.
2. Exports of Hong Kong origin not covered by export licences issued by Hong Kong in accordance with the provisions of this Protocol may be refused the issue of appropriate import documents by the competent Community authorities.
However, if the import of such products is allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Article 7 or 8 of the Agreement without the express agreement of Hong Kong.
TITLE IV
FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN AND COMMON PROVISIONS
Article 11
1. The export licence and the certificate of Hong Kong 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 printscript.
These documents shall measure 210 x 292 mm. The paper used must be writing paper weighing not less than 25 g/m2.
Only the original, clearly marked "original" shall be accepted by the competent authorities in the Community as being valid for the purposes of export to the Community in accordance with the arrangements established by this Agreement.
2. Each export licence and certificate of Hong Kong origin shall bear a serial number, whether or not printed, by which it can be identified. The number for the export licence shall be standardized and composed of the following elements:
- two letters identifying Hong Kong as follows: HK,
- two letters identifying country of destination as follows:
BL = Benelux,
DE = Federal Republic of Germany,
DK = Denmark,
FR = France,
GB = United Kingdom,
GR = Greece,
IE = Ireland,
IT = Italy,
- a single-digit number identifying quota year, corresponding to the last figure in the respective Agreement year, e. g. 3 for 1983,
- two spaces identifying the particular issuing office concerned,
- a five-digit number running consecutively from 00001 to 99999 allocated to the respective destination.
Article 12
The export licence and certificate of Hong Kong origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either the endorsement "delivrée a posteriori" or the endorsement "issued retrospectively".
Article 13
1. In the event of theft, loss or destruction of an export licence or a certificate of Hong Kong origin, the exporter may apply to the competent governmental authority 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".
2. The duplicate must bear the date of the original export licence or certificate of Hong Kong origin.
TITLE V
ADMINISTRATIVE COOPERATION
Article 14
The Community and Hong Kong shall cooperate closely to implement the provisions of this Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both parties, in particular to establish the authenticity and accuracy of documentation required under the provisions of the Agreement.
Article 15
Hong Kong shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export licences and certificates of Hong Kong origin together with specimens of the stamps used by these authorities. Hong Kong shall also notify the Commission of any change in this information.
Article 16
1. Verification of certificates of Hong Kong origin or export licences shall be carried out at random by the Hong Kong authorities.
2. The competent Community authorities may request subsequent verification of certificates of Hong Kong origin or export licences at random or whenever they have reasonable doubt as to the authenticity of such certificates or licences, as to the accuracy of the information regarding the products in question.
In such cases the competent authorities in the Community shall return the certificate of Hong Kong origin or export licence, or a copy thereof to the Hong Kong authorities giving, where appropriate, the reasons for an inquiry. If the invoice has been submitted, such invoice shall be attached to the certificate or licence or its copy. 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. Should the results of the random verification referred to in paragraph 1 above reveal serious contravention of the provisions of this Agreement, the Hong Kong authorities shall notify the competent Community authorities of the results.
Where the competent Community authorities have requested verification under paragraph 2 above, the results of such verification shall be communicated to the competent Community authorities within three months at the latest. The information communicated shall indicate whether the disputed certificate or licence applies to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by this Agreement. Where the competent Community authorities so request, the information communicated shall also include copies of such other available documentation as may facilitate the full determination of the facts and, in particular, the true origin of the goods.
4. For the purpose of subsequent verification certificates of Hong Kong origin and export licences, copies of these together with relevant supporting documentation required to be lodged with the Hong Kong authorities for issue of such certificates or licences shall be kept for a period of at least two years by the Hong Kong authorities.
Article 17
1. Where the verification procedure referred to in Article 16 or where information available to the Community or to Hong Kong indicates or appears to indicate that the provisions of this Agreement are being contravened, both parties shall cooperate closely and with the appropriate urgency to prevent such contravention.
2. To this end, Hong Kong shall, on its 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 be in contravention of the Agreement. Hong Kong shall communicate the results of these inquiries to the Community together with such other available information as may facilitate the determination of the true origin of the goods.
3. In pursuance of the cooperation referred to in paragraph 1, Hong Kong and the Community shall exchange any available information considered by either partner to be of use in preventing the contravention of the provisions of this Agreement.
4. Where it is established to the satisfaction of both parties that the provisions of this Agreement have been contravened, Hong Kong and the Community agree to take all reasonable measures to prevent a recurrence of such contravention.
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EXPORT LICENCE (TEXTILES) FORM 5
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CONDITIONS OF ISSUE OF THIS LICENCE INCLUDE THE FOLLOWING:
(1) The triplicate must be surrendered to the Shipping or Airline Company, and returned by their agent to the Trade Department together with the relevant manifest, within fourteen days after the day on which the goods are exported as required by Section 11 of the Import and Export Ordinance. Cap. 60.
(2) The exporter must file an Export Declaration in respect of items on this licence.
(3) This licence is valid for twenty-eight days from the date of issue, unless otherwise stated.
(4) The exporter and manufacturer declared on this licence must comply with the conditions governing the allocation and utilization of quota, as stipulated in the quota allocation certificate issued to quota holders and in Notices to exporters issued by the Trade Department from time to time. The companies concerned should contact the Enquiry Section of the Trade Department if information on these conditions is required.
(5) The company supplying the quotas for the goods covered by this licence must:
Either......(a) receive payment from the buyer for the order; and
............(b) make payment to the manufacturer for the order;
..or........(c) perform the terminal process for the manufacture of the
goods in question.
(6) For the purpose of 5(a) and (b) above, payment shall be evidenced in a form other than cash. For the purpose of 5(c) above, terminal processes are those processes which change the nature, shape and utility of the goods. The criteria for terminal processes are laid down by the Trade Department. If you are in any doubt about the existing criteria, please consult the Trade Department.
IMPORTANT WARNING
Breach of any of the conditions of issue renders this licence null and void and any company guilty of such a breach is liable to prosecution and heavy penalties under the Import and Export Ordinance. In addition the Director of Trade reserves the right to cancel any balance of quota/permit remaining unshipped at the time and the company may be rendered ineligible to receive further allocations.
EXPLANATORY NOTES:
(1) This form must be submitted in quadruplicate.
(2) Provided there are no complications, the licence will be ready for collection two clear working days (i.e. excluding Sundays and public holidays) after the date upon which the form is received.
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PROTOCOL B
The annual growth rate for the quantitative limits introduced under Article 7 of the Agreement shall be determined as follows:
For products in categories falling within Groups I, II and III, the growth rate shall be fixed by agreement between the Parties in accordance with the consultation procedure established in Article 15 (1) of the Agreement. Such growth rate may in no case he lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of Hong Kong.
(1) La fecha de entrada en vigor del Acuerdo será publicada en el Diario Oficial de las Comunidades Europeas a cargo del Secretario General del Consejo.
(2) Por razones de orden material cl presente Acuerdo se publica en cl Diario Oficial de las Comunidades Europeas en la lengua en que ha sido negociado. La versión en las demás lenguas será publicada ulteriormente.