Common use of Importation Clause in Contracts

Importation. Article 11 Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization. 1. The competent authorities of the Community shallissue the import authorization referred to in Article 11 within five working days of the presentation by the importer of the original of the corresponding export licence. 2. The import authorizations shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Community is applied. 3. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn. 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. 1. If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of China for a particular category in any year exceed the quantitative limit established in accordance with Articles 3 and 7 of the Agreement for that category, as may be modified by Article 3 (3), and Articles 8 and 9 of the Agreement, the said authorities may suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authoritiesof China and the special consultation procedure set out in Article 14 of the Agreement shall be initiated forthwith. 2. Exports of products of Chinese origin subject to quantitative limits and not covered by Chinese export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities. However, without prejudice to Article 9 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 by virtue of Article 7, without the express agreement of the competent authorities of China. 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. The 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 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: CN, — two letters identifying the intended Member State of customs clearance as follows: AT = Austria BL = Benelux DE = 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: 1 for 1995; 2 for 1996; 3 for 1997 and so on, — 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.

Importation. Article 11 Importation 1. For the product groups included in Annex I of this Agreement, quantities covered by import authorisations issued by the Community, on the basis of the Council Decision 2003/893/EC of 15 December 2003, as from 1 January 2004 until the entry into force of this Agreement, will be deducted from the quantitative limits set out in Annex II. 2. The release for free circulation into the Community of textile steel products subject to quantitative limits shall be subject to the presentation of an import authorizationauthorisation. 1. The competent authorities of the Community shallissue shall issue the import authorization authorisation referred to in Article 11 10(2), within five ten working days of the presentation by the importer of the original of the corresponding export licence. 2. The import authorizations authorisations shall be valid for six four months from the date of their issue for imports throughout the customs territory to which of the Treaty establishing the European Community is appliedCommunity. 3. The competent authorities of the Community shall cancel the import authorization authorisation already issued whenever the corresponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation release for free circulation 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 concernedproduct. 1. Article 12 If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of China for a particular category in any year Ukraine exceed the relevant quantitative limit established in accordance with Articles 3 and 7 for products covered by Annex II of the Agreement for that category, as may be modified by Article 3 (3), and Articles 8 and 9 of the Agreement, the said Community authorities may shall suspend the further issue of import authorizationsauthorisations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authoritiesof China authorities of Ukraine and the special consultation procedure set out in immediate consultations pursuant to Article 14 9(2) of the Agreement shall be initiated forthwith. 2. Exports of products of Chinese origin subject to quantitative limits and not covered by Chinese export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities. However, without prejudice to Article 9 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 by virtue of Article 7, without the express agreement of the competent authorities of Chinainitiated. 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 FrenchEnglish. If they are completed by hand, entries must be in ink and in printed script. The 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 25 g/m2m². 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 standardised 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: CN, UA = Ukraine; — two letters identifying the intended Member State of customs clearance as follows: AT BE = Austria BL Belgium CZ = Benelux Czech Republic DK = Denmark DE = Germany DK EE = Denmark Estonia EL = Greece ES = Spain FI = Finland FR = France GB = United Kingdom IE = Ireland IT = Italy CY = Cyprus LV = Latvia LT = Lithuania LU = Luxembourg HU = Hungary MT = Malta NL = Netherlands AT = Austria PL = Poland PT = Portugal SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom; — a one-digit number identifying quota the year in question corresponding to the last figure in the year, as follows: 1 e.g. ‘3’ for 19952003; 2 for 1996; 3 for 1997 and so on, — 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. Article 14 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 ‘issued retrospectively’. 1. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Ukrainian governmental authorities competent to issue licences or to the Ukrainian organisations authorised to issue certificates of origin under Ukrainian legislation, respectively, 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 ‘duplicate’. 2. The duplicate shall bear the date of the original export licence or certificate of origin. Article 16 The Parties 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 17 In order to ensure the correct application of this Protocol, the Parties shall 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. Article 18 Ukraine shall send the Commission of the European Communities the names and addresses of the competent Ukrainian authorities which are authorised to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Ukraine shall also notify the Commission of any change in this information. 1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question. 2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Ukrainian 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 licence or their copies. 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. The provisions of paragraph 1 above shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol. 4. The results of the subsequent verifications carried out in accordance with 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, licence 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 certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2(1)

Importation. Article 11 Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization. 1. The competent authorities of the Community shallissue shall issue the import authorization referred to in Article 11 above, within five working days of the presentation by the importer of the original of the corresponding export licence. 2. The import authorizations shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Economic Community is applied. However, where the Community has recourse to the provisions of Articles 5 and 7 of the Agreement in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 2, the products covered by the import licences can only be put into free circulation in the regions) of the Community indicated in those licences. 3. The competent authorities of the Community shall cancel the import authorization already issued whenever the corresponding export licence has been withdrawn. 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. 1. If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of China Ukraine for a particular category in any year exceed the quantitative limit established for that category established in Annex II for that category as may be notified by Articles 3,4 and 6 of the Agreement, or any quantitative limit established in accordance with Articles 3 and 7 of the Agreement for that category, as may be modified by Article 3 (3), and Articles 8 and 9 5 of the Agreement, the said authorities may suspend the further issue of import authorizations. In this event, the competent authorities of the Community shall immediately inform the authoritiesof China authorities of Ukraine and the special consultation procedure set out in Article 14 15 of the Agreement shall be initiated forthwith. 2. Exports of products of Chinese Ukrainian origin subject to quantitative limits or a double-checking system and not covered by Chinese Ukrainian export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities. However, without prejudice to Article 9 6 of the Agreement, 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 II, or established by virtue of Article 75 of the Agreement, without the express agreement of the competent authorities of ChinaUkraine. 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. The 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 provisions provision 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: CNUA, — two letters identifying the intended Member State of customs clearance as follows: AT = Austria BL = Benelux Benelux, DE = Germany Federal Republic of Germany, DK = Denmark Denmark, EL = Greece Greece, ES = Spain FI = Finland Spain, FR = France France, GB = United Kingdom Kingdom, IE = Ireland Ireland, IT = Italy Italy, PT = Portugal SE = Sweden Portugal, — a one-digit number identifying quota year, as follows: 1 for 1995; 2 for 1996; corresponding to the last figure in the respective year, e.g. 3 for 1997 and so on1993, — 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.

Importation. Article 11 Importation 9 The release for free circulation into the Community of textile the products subject to quantitative limits covered by the Agreement shall be subject to the presentation of an import authorizationauthorisation. 1. The presentation by the importer of an export licence shall be made not later than 31 March of the year following that in which the goods covered by the licence have been shipped. 2. The competent authorities of the Community shallissue shall issue the import authorization authorisation referred to in Article 11 9, within five 10 working days of the presentation by the importer of the original of the corresponding export licence. 23. The import authorizations authorisations shall be valid for six four months from the date of their issue for imports importation throughout the customs territory to which of the Treaty establishing the European Community is appliedCommunity. 34. The competent authorities of the Community shall cancel the import authorization authorisation already issued whenever the corresponding corre- sponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation release for free circulation 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 concernedproduct. 1. Article 11 If the competent authorities of the Community find that the total quantities quantity of the products covered by export licences issued by the competent authorities of China for a particular category Russia exceeds the limits set out in any year exceed the quantitative limit established in accordance with Articles 3 and 7 of the Agreement for that category, as may be modified by Article 3 (3), and Articles 8 and 9 of Annex II to the Agreement, the said Community authorities may shall suspend the further issue of import authorizationsauthorisations. In this event, the competent authorities of the Community shall immediately inform the authoritiesof China competent authorities of Russia and the special consultation procedure set out in immediate consultations pursuant to Article 14 9(2) of the Agreement shall be initiated forthwith. 2. Exports of products of Chinese origin subject to quantitative limits and not covered by Chinese export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities. However, without prejudice to Article 9 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 by virtue of Article 7, without the express agreement of the competent authorities of Chinainitiated. 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 FrenchEnglish. If they are completed by hand, entries must be in ink and in printed script. The 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 provisions of the Agreement. 2. Each document shall bear a standardized standardised 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: CNRU, — two letters identifying the intended Member State of customs clearance as follows: AT BE = Austria BL Belgium BG = Benelux Bulgaria CZ = Czech Republic DK = Denmark DE = Germany DK EE = Denmark Estonia EL = Greece ES = Spain FI = Finland FR = France GB = United Kingdom IE = Ireland IT = Italy CY = Cyprus LV = Latvia LT = Lithuania LU = Luxembourg HU = Hungary MT = Malta NL = Netherlands AT = Austria PL = Poland PT = Portugal RO = Romania SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom, — a one-digit number identifying quota the year in question corre- sponding to the last figure in the year, as follows: 1 e.g. ‘7’ for 1995; 2 for 1996; 3 for 1997 and so onyear 2007, — 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.

Importation. Article 11 Importation 9 The release for free circulation into the Community of textile the products subject to quantitative limits covered by the Agreement shall be subject to the presentation of an import authorizationauthorisation. 1. The presentation by the importer of an export licence shall be made not later than 31 March of the year following that in which the goods covered by the licence have been shipped. 2. The competent authorities of the Community shallissue shall issue the import authorization authorisation referred to in Article 11 9, within five 10 working days of the presentation by the importer of the original of the corresponding export licence. 23. The import authorizations authorisations shall be valid for six four months from the date of their issue for imports importation throughout the customs territory to which of the Treaty establishing the European Community is appliedCommunity. 34. The competent authorities of the Community shall cancel the import authorization authorisation already issued whenever the corresponding corre- sponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation release for free circulation 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 concernedproduct. 1. Article 11 If the competent authorities of the Community find that the total quantities quantity of the products covered by export licences issued by the competent authorities of China for a particular category in any year Russia exceed the quantitative limit established limits set out in accordance with Articles 3 and 7 of the Agreement for that category, as may be modified by Article 3 (3), and Articles 8 and 9 of Annex II to the Agreement, the said Community authorities may shall suspend the further issue of import authorizationsauthorisations. In this event, the competent authorities of the Community shall immediately inform the authoritiesof China competent authorities of Russia and the special consultation procedure set out in immediate consultations pursuant to Article 14 9(2) of the Agreement shall be initiated forthwith. 2. Exports of products of Chinese origin subject to quantitative limits and not covered by Chinese export licences issued in accordance with the provisions of this Protocol may be refused an import authorization by the competent Community authorities. However, without prejudice to Article 9 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 by virtue of Article 7, without the express agreement of the competent authorities of Chinainitiated. 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 FrenchEnglish. If they are completed by hand, entries must be in ink and in printed script. The 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 ; 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 standardised 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: CNRU, — two letters identifying the intended Member State of customs clearance as follows: AT BE = Austria BL Belgium CZ = Benelux Czech Republic DK = Denmark DE = Germany DK EE = Denmark Estonia EL = Greece ES = Spain FI = Finland FR = France GB = United Kingdom IE = Ireland IT = Italy CY = Cyprus LV = Latvia LT = Lithuania LU = Luxembourg HU = Hungary MT = Malta NL = Netherlands AT = Austria PL = Poland PT = Portugal SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom, — a one-digit number identifying quota the year in question corre- sponding to the last figure in the year, as follows: 1 e.g. ‘5’ for 1995; 2 for 1996; 3 for 1997 and so onyear 2005, — 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. Article 13 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 ‘issued retrospectively’. 1. In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent Russian 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 licence so issued shall bear the endorsement ‘duplicate’. 2. The duplicate shall bear the date of the original export licence or certificate of origin. Article 15 The Community and Russia shall cooperate closely in the imple- mentation 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 16 In order to ensure the correct application of this Protocol, the Community and Russia offer mutual assistance for the checking of the authenticity and the accuracy of export licences issued and certificates of origin issued or of any declarations made within the terms of this Protocol. Article 17 Russia shall send the Community (European Commission) the names and addresses of the competent Russian governmental authorities which are authorised to issue and to verify export licences and the competent Russian organisations authorised under Russian legislation to issue certificates of origin together with specimens of the stamps and signatures they use. Russia shall also notify the Community (European Commission) of any change in these particulars. 1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question. 2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Russian 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 certi- ficate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inac- curate. 3. The provisions of paragraph 1 shall also apply to subsequent verifications of the certificates of origin provided for in Article 2 of this Protocol. 4. The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 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 or licence 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. 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 by the competent Russian organisations for at least one year following the end of the Agreement. 6. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question. 1. Where the verification procedure referred to in Article 18 or where information available to the competent authorities of the Community or of Russia indicates or appears to indicate that the provisions of this Agreement are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement. 2. To this end, the appropriate Russian 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. Russia shall communicate the results of these enquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infrin- gement, including the true origin of the goods to be determined. 3. By agreement between the Community and Russia, officials designated by the Community may be present at the inquiries referred to in paragraph 2. 4. In pursuance of the cooperation referred to in paragraph 1, the competent authorities of the Community and Russia shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of this Agreement. These exchanges may include information on the trade in the type of products covered by this Agreement between Russia 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 Russia prior to their importation into the Community. This information may include, at the request of the Community, copies of all relevant documentation, where available. 5. Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Russia and the Community may agree to take any measures necessary to prevent a recurrence of such circumvention or infringement.