Uzbekistan-Europejska Wspólnota Gospodarcza. Agreement on trade in textile products.
Dz.U.UE.L.1994.123.745
Akt utracił mocAGREEMENT
between the European Economic Community and Uzbekistan on trade in textile products
Notka Redakcji Systemu Informacji Prawnej LEX
Niniejszy akt prawny został zmieniony przez Porozumienie w formie wymiany listów zmieniające Umowę między Europejską Wspólnotą Gospodarczą a Republiką Uzbekistanu w sprawie handlu wyrobami włókienniczymi, parafowaną dnia 8 czerwca 1993 roku, ostatnio zmienioną Porozumieniem w formie wymiany listów, parafowanym dnia 4 grudnia 1995 roku (Dz.U.UE.L.1999.343.30).
Naniesienie zmian na tekst nie jest możliwe, ponieważ niniejszy akt prawny i akt zmieniający do niego zostały opublikowane w wydaniu polskim Dziennika Urzędowego Unii Europejskiej w różnych wersjach językowych.
.................................................
of the one part, and
THE GOVERNMENT OF UZBEKISTAN,
of the other part,
DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as "the Community") and the Republic of Uzbekistan (hereinafter referred to as "Uzbekistan"),
RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile industry in both importing and exporting countries, and in particular, to eliminate real risks of market disruption on the market of the Community and real risks of disruption to the textile trade of Uzbekistan,
HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
THE GOVERNMENT OF UZBEKISTAN,
WHO HAVE AGREED AS FOLLOWS:
Quantitative import restrictions shall be re-introduced in case of denunciation or non-replacement of the present Agreement.
More particulary, as regards categories 2 and 2 a), Uzbekistan undertakes upon request from the Community to reserve to the Community textile industry, as a priority, 50 % of the quantitative limits concerned during a period extending between 1 January to 31 May of each year. For this purpose, contracts made with the industry during the period in question shall be taken into consideration.
To facilitate the implementation of these provisions the Community shall provide the competent Uzbek authorities, before the end of each year, with a list of interested Community manufactures and processors and, if possible, of the quantity of products requested for each firm. To this end, the firms concerned are invited to make direct contact with the relevant Uzbek enterprises as early as possible during the reservation period mentioned in this paragraph, in order to make their purchasing intentions known.
However, the release for home use of products imported into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the authorities of Uzbekistan, and to proof of origin in accordance with the provisions of Protocol A.
Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits established pursuant to this Agreement when they are subject to the specific arrangements laid down in Protocol C.
Amounts delivered in advance shall be deducted from the corresponding quantitative limits established for the following Agreement year.
– transfers between categories 2 and 3 and from category 1 to categories 2 and 3 may be made up to 4 % of the quantitative limits for the category to which the transfer is made,
– transfers between categories 4, 5, 6, 7 and 8 may be made up to 4 % of the quantitative limit for the category to which the transfer is made.
Transfers into any category in Groups II, III, IV and V may be made from any category or categories in Groups I, II, III, IV and V up to 5 % of the quantitative limit for the category to which the transfer is made.
– 13 % for categories of products in Group I,
– 13,5 % for categories of products in Groups II, III, IV and V.
– 0,35 % for categories of products in Group I,
– 1,2 % for categories of products in Group II,
– 4 % for categories of products in Groups III, IV and V,
it may request the opening of consultations in accordance with the procedure described in Article 15 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category.
The Community shall authorize the importation of products of the said category shipped from Uzbekistan before the date on which the request for consultations was submitted.
The annual level so fixed shall be revised upwards after consultations in accordance with the procedure referred to in Article 15, with a view to fulfilling the conditions set out in paragraph 2, should the trend of total imports into the Community of the product in question make this necessary.
a) where there is sufficient evidence that products originating in Uzbekistan have been imported in circumvention of the present Agreement, to set off the relevant quantities against the quantitative limits established under the Agreement;
b) where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in Uzbekistan has occured, to refuse to import the products in question;
c) should it appear the territory of Uzbekistan is involved in transhipment or re-routing of products not originating in Uzbekistan, to introduce quantitative limits against the same products originating in Uzbekistan if they are not already subject to quantitative limits, or to take any other appropriate measures.
In the event of denunciation of this Agreement as provided for in Article 20 (3), the quantitative limits established in Annex II shall be reduced on a pro rata temporis basis unless the Contracting Parties decide otherwise by common agreement.
Uzbekistan exports of cottage-industry fabrics woven on hand- or foot-operated looms, garments or other made-up articles obtained manually from such fabrics and of traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products originating in Uzbekistan meet the conditions laid down in Protocol B.
– the prices generally charged for like products sold under the ordinary conditions by other exporting countries on the market of the importing country,
– the prices of like national products at a comparable marketing stage on the market of the importing country,
– the lowest prices charged by a third country for the same product in the course of ordinary commercial dealings in the three months preceding the request for consultations, and not having led to the adoption of any measure by the Community.
Where any decision on classification results in a change of classification practice or a change of category of any product subject to this Agreement the affected products shall follow the trade regime applicable to the practice or category they fall into after such changes.
Any amendment to the combined nomenclature (CN) made in accordance with the procedures in force in the Community concerning categories of products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing quantitative limits introduced pursuant to this Agreement.
Any amendment to these rules of origin shall be communicated to Uzbekistan and shall not have the effect of reducing any quantitative limit established in Annex II.
The procedures for control of the origin of the products referred to above are laid down in Protocol A.
– as far as possible consultations shall be held periodically. Specific additional consultations may also be held,
– any request for consultations shall be notified in writing to the other Contracting Party,
– where appropriate, the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a report setting out the circumstances which, in the opinion of the requesting Party, justify the submission of such a request,
– the Contracting Parties shall enter into consultations within one month of notification of the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest,
– the period of one month referred to above for the purpose of reaching agreement or a mutually acceptable conclusion may be extended by common accord.
The Contracting Parties undertake to promote the exchange of visits by persons, groups and delegations from business, trade and industry, to facilitate contacts in the industrial, commercial and technical fields connected with trade and cooperation in textile industry and textile products and garments, and to assist in the organization of fairs and exhibitions of mutual interest.
As regards intellectual property, at the request of either Contracting Party, consultations shall be held in accordance with the procedure laid down in Article 15 with a view to finding an equitable solution to problems relating to the protection of marks, designs or models of articles of apparel and textile products.
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Uzbekistan.
This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish und Uzbek languages, each of these texts being equally authentic.
For the Government | For the Council |
of the Republic | of |
of Uzbekistan | theEuropean Communities |
ANNEXES
ANNEX I
ANNEX II
COMMUNITY QUANTITATIVE LIMITS
Category | Unit | 1993 | 1994 | 1995 |
2 | tonnes | 2.600 | 2.691 | 2.785 |
of which 2 a) | tonnes | 550 | 569 | 589 |
ANNEX III
(The full products descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)
Category:
1
3
4
5
6
7
8
15
20
26
159
161
ANNEX IV
Raw materials referred to in Article 17
Raw materials referred to in Article 17
Cashmere
Cotton
Silk and silk waste
PROTOCOL A
TITLE I
CLASSIFICATION
CLASSIFICATION
a) a description of the products concerned;
b) the relevant category and the related CN codes;
c) the reasons which have led to the decision.
TITLE II
ORIGIN
ORIGIN
The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. The competent Uzbek organizations authorized under Uzbek legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.
Where different criteria for determining origin are laid down for products falling within the same category, the certificates or declarations of origin must contain a sufficiently detailed description of the goods so as to enable Uzbek criterion to be determined, on the basis of which the certificate was issued or the declaration drawn up.
The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.
TITLE III
DOUBLE-CHECKING SYSTEM
DOUBLE-CHECKING SYSTEM
Section I
Exportation
Exportation
The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.
The presentation of an export licence, in application of Article 12 hereafter, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.
Section II
Importation
Importation
Importation into the Community of textile products subject to quantitative limits or to a double-checking system pursuant to this Agreement shall be subject to the presentation of an import authorization.
However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation of the products into the Community, the relevant quantities shall be set off against the quantitative limits established for the category and the quota year concerned.
However, without prejudice to Article 6 of the Agreement if the import of such products is allowed into the Community by the competent authorities of the Community, the quantities involved shall not be set off against the appropriate quantitative limits established in Annex II, or established by virtue of Article 5 of the Agreement, without the express agreement of the competent authorities of Uzbekistan.
TITLE IV
FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY
FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY
These documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked as "original" and the other copies as "copies". Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provision of the Agreement.
This number shall be composed of the following elements:
– two letters identifying the exporting country as follows: UZ,
– two letters identifying the intended Member State of customs clearance as follows:
BL = Benelux,
DE = Federal Republic of Germany,
DK = Denmark,
EL = Greece,
ES = Spain,
FR = France,
GB = United Kingdom,
IE = Ireland,
IT = Italy,
PT = Portugal,
– a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 3 for 1993,
– a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country,
– a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.
The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement "délivré a posteriori" or the endorsement "issued retrospectively".
TITLE V
ADMINISTRATIVE COOPERATION
ADMINISTRATIVE COOPERATION
The Community and Uzbekistan shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges or views, including on technical matters, shall be facilitated by both Parties.
In order to ensure the correct application of this Protocol, the Community and Uzbekistan offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.
Uzbekistan shall transmit to the Commission of the European Communities the names and addresses of the authorities competent to issue and verify the export licences and the certificates of origin, together with specimens of the stamps used by these authorities and specimen signatures of officials responsible for signing the export licences and the certificates of origin. Uzbekistan shall also notify the Community of any change in this information.
Should such verifications reveal systematic irregularities in the use of declarations of origin, the Community may subject imports of the products in question to the provisions of Article 2 (1) of this Protocol.
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PROTOCOL B
referred to in Article 9
referred to in Article 9
1. The exemption provided for in Article 9 in respect of cottage industry products shall apply to the following types of product only:
a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made in the cottage industry of Uzbekistan;
b) garments or other textile articles of a kind traditionally made in the cottage industry of Uzbekistan obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine;
c) traditional folklore products of Uzbekistan made by hand, in a list to be agreed between the Community and Uzbekistan.
Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen attached to this Protocol and issued by the competent authorities in Uzbekistan. These certificates must indicate the reasons justifying their issuance; the competent authorities of the Community will accept them after having checked that the products concerned have fulfilled the conditions established in this Protocol. The certificates concerning the products envisaged in c) above must bear a stamp "FOLKLORE" marked clearly. In the case of a difference of opinion between the Parties concerning the nature of these products, consultations shall be held within one month in order to resolve these differences.
Should imports of any product covered by this Protocol reach proportions liable to cause problems within the Community, consultations with Uzbekistan shall be initiated as soon as possible, with a view to resolving the situation by the adoption if necessary of a quantitative limit, in accordance with the procedure laid down in Article 15 of this Agreement.
2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products covered by paragraph 1 of this Protocol.
PROTOCOL C
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 (3) of the Agreement.
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 15 of the Agreement, provided the products concerned are subject to quantitative limits under Annex II to the Agreement, to a double-checking system or to surveillance measures.
3. Having regard to the interests of both Parties, the Community may at its discretion, or in response to a request under Article 15 of the Agreement:
a) examine the possibility of transferring from one category to another, using in advance or carrying over from one year to the next, portions of specific quantitative limits;
b) consider the possibility of increasing specific quantitative limits.
4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above within the following limits:
a) transfers between categories may not exceed 20 % the quantity for the category to which the transfer is made;
b) carry-over of a specific quantitative limit from one year to the next may not exceed 10,5 % of the quantity set for the year of actual utilization;
c) advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the quantity set for the year of actual utilization.
5. The Community shall inform Uzbekistan 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. A certificate of origin made out by the organizations authorized to do so under Uzbekistan 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 above as evidence that the processing operation it describes has been carried out in Uzbekistan.
8. The Community shall provide Uzbekistan 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 above.
9. Without prejudice to the provisions of paragraphs 1 to 8 above, Uzbekistan and the Community shall continue consultations with a view to seek 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 Uzbekistan and the Community.
ANNEX
OPT QUOTAS
COMMUNITY QUANTITATIVE LIMITS
Category | Unit | 1993 | 1994 | 1995 |
(pm) | (pm) | (pm) | (pm) | (pm) |
PROTOCOL D
Agreed Minute No 1
In such an event, the Republic of Uzbekistan shall be informed in advance of the relevant provisions of Protocol A to the Agreement to be applied, as appropriate.
For the Government | For the Council |
of the Republic of Uzbekistan | of the European Communities |
Agreed Minute No 2
However, if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article 7 (3), Uzbekistan undertakes, if so requested by the Community, to respect temporary export limits for one or more regions of the Community. In such a case, these limits shall not preclude the importation into the regions) concerned of products which were shipped from Uzbekistan on the basis of export licences obtained before the date of formal notification to Uzbekistan by the Community about the introduction of the above limits.
The Community shall inform Uzbekistan of the technical and administrative measures, such as defined in the attached note verbale, that need to be introduced by both Parties in order to implement the above paragraphs in conformity with the principles of the internal market.
For the | For the Council |
Governmentof the Republic of Uzbekistan | of the European Communities |
Note verbale
The Directorate-General wishes to inform the Ministry that the Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute No 2 to the Agreement initialled on 8 June 1993. Consequently, the corresponding provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be applied as of the above date.
The Directorate-General for External Relations avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Uzbekistan the assurance of its highest consideration.
Agreed Minute No 3
The Community and the Republic of Uzbekistan further agreed to hold consultations, should the need arise, in order to avert any problems which might occur in this respect.
For the Government | For the Council |
of the Republic of Uzbekistan | of the European Communities |
Agreed Minute No 4
For the Government | For the Council |
of the Republic of Uzbekistan | of the European Communities |
Exchange of notes
The Directorate-General wishes to inform the Ministry that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.
The Directorate-General for External Relations would be grateful if the Ministry would confirm its Agreement to the foregoing.
The Directorate-General for External Relations avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Uzbekistan the assurance of its highest consideration.
Exchange of notes
The Ministry of Foreign Affairs of the Republic of Uzbekistan wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Government of Uzbekistan is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Agreement provided that 120 days' notice is given.
The Ministry of Foreign Affairs of the Republic of Uzbekistan avails itself of this opportunity to renew to the Directorate-General for External Relations of the Commission of the European Communities the assurance of its highest consideration.
Agreed Minute No 5
For the | For the Council |
Governmentof the Republic of Uzbekistan | of the European Communities |
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