TITLE IV

 

FORM AND PRODUCTION OF EXPORT LICENSES  

AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS 

CONCERNING EXPORTS TO THE COMMUNITY

 

Article 14:

  1. The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English or French. If they are completed by hand, entries must be in ink and in printed script.

These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25g/M2. If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked as “original” and the other copies as “copies”. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.

 

    2.   Each document shall bear a standardized serial number, whether or not printed, by

          which it can be identified.

 

This number shall be composed of the following elements:

  • two letters identifying the exporting country as follows : KH

  • two letters identifying the intended Member State of customs clearance as follows:

          AT = Austria

          BL = Benelux

          DE = Federal Republic of Germany

          DK = Denmark

          EL = Greece

          ES = Spain

          FI = Finland

          FR = France

          GB = United Kingdom

          IE = Ireland

          IT = Italy

          PT = Portugal

          SE = Sweden

  • a one-digit number identifying quota year, as follows:

  • 9 for 1999, 0 for 2000, 1 for 2001, 2 for 2002;

  • a two-digit number from 01 to 99, identifying the particular issuing office concerned in Cambodia;

  • a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

Article 15:

The export license and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases the must bear the endorsement “délivré a posteriori” or they endorsement “issued retrospectively”.

 

Article 16:

  1. In the event of a theft, loss or destruction of an export license or a certificate of origin, the exporter may apply to the competent Cambodian authorities which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or license so issued shall bear the endorsement “duplicata” or “duplicate”.

  2. The duplicate shall bear the date of the original export license or certificate of origin.

TITLE V

ADMINISTRATIVE COOPERATION

 

Article 17:

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

 

Article 18:

In order to ensure the correct application of this Protocol, the Community and Cambodia offer mutual assistance for the checking of the authenticity and the accuracy of export licenses and certificates of origin issued or of any declarations made within the terms of this Protocol.

 

Article 19:

Cambodia shall transmit to the Commission of the European Communities the names and addresses of the authorities competent to issue and verify the export licenses 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 licenses and the certificates of origin. Cambodia shall also notify the Community of any change in this information.

 

Article 20:

  1. Subsequent verification of certificates of origin or export licenses shall be carried out at random, or whenever the competent authorities of the Community have reasonable doubt as to the authenticity of the certificate or license or as to the accuracy of the information regarding the true origin of the products in question.

  2. In such cases, the competent authorities of the Community shall return the certificate of origin or the export license or a copy thereof to the competent Cambodian authorities, giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the license or their copies. The competent authorities of the Community shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or license are inaccurate.

  3. The provisions of paragraph 1 above shall also apply to subsequent verifications of the declarations of origin provided for in Article 2 of this Protocol.

  4. The results of the subsequent verifications referred to in paragraphs 1 and 2 above shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, license or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.

Should such verifications reveal systematic irregularities in the use of declarations of origin, the Community may subject imports of the products in question to the provisions of Article 2, paragraph 1 of this Protocol.

 

    5.   For the purpose of subsequent verification of certificates of origin, copies of the

          certificates as well as any export documents referring to them shall be kept for at

          least three years by the competent Cambodian authorities.

    6.   Recourse to the random verification procedure specified in this article must not

          constitute an obstacle to the release for home use of the products in question.

 

Article 21:

  1. Where the verification procedure referred W in Article 20 or where information available to the competent authorities of the Community or of Cambodia indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two contracting Parties shall cooperate closely and with the appropriate urgency in order to prevent or remedy any such circumvention or infringement.

  2. To this end, the competent Cambodian authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Cambodia shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.

  3. By agreement between the Community and Cambodia, officials designated by the Community may be present at the inquiries referred to in paragraph 2 above.

  4. In pursuance of the cooperation referred to in paragraph 1 above, the competent authorities of the Community and Cambodia shall exchange any information considered by either contracting Party to be of use in preventing or remedying circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the production of textile products in Cambodia and on the trade in the type of products covered by the Agreement between Cambodia and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Cambodia prior to their importation into the Community. This information may include at the request of the Community copies of all available relevant documentation.

  5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Cambodia and the Community may agree to take the measures set out in Article 5, paragraph 4 of the Agreement, and any other measures as are necessary to prevent a recurrence of such circumvention or infringement.

PROTOCOL B

 

The annual growth rate for quantitative limits which could be introduced, under Article 4 of the Agreement shall be fixed by agreement between the two Parties in accordance with the consultation procedure established in Article 11 of the Agreement. Such growth rate may in no case be higher than the highest rate applicable to corresponding products under bilateral agreements on trade in textiles concluded between the Community and other third countries having a level of trade equal to or comparable with that of Cambodia.

 

AGREED MINUTE

MARKET ACCESS

 

In the context or negotiations for an Agreement on trade in textile products between the European Community and the Kingdom or Cambodia, the Parties recorded their mutual understanding on the following matters: 

  1. Customs duties currently in force in the Kingdom of Cambodia on imported textile and clothing products originating in the European Community shall not be increased during the period of validity of the Agreement. (*)

  2. The Parties agree not to introduce any non-tariff barriers on textile and clothing products during the validity of the  Agreement.

  3. Cambodia Confirms that the benefit of any concessions made or advantages extended by Cambodia to third states in respect of trade in textile and clothing products will be immediately and unconditionally extended also to the European Community on an MFN basis safe those arising from AFTA.

(*) The application of this paragraph to categories 51, 147 and 154 will be confirmed by the Cambodian authorities after the conclusion of the internal approval procedure as soon as possible.

                                           

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