O Acordo entrou em vigor na data da troca das referidas notas, isto é, a 29 de Setembro de 1967.
Direcção-Geral dos Negócios Económicos, 11 de Outubro de 1967. - O Director-Geral, José Calvet de Magalhães.
No. 96 - Lisbon, September 29, 1967.
Excellency:
I refer to the decision of the Cotton Textiles Committee of the General Agreement on Tariffs and Trade approving a Protocol to extend through September 30, 1970, the Long-Term Arrangement Regarding International Trade in Cotton Textiles done in Geneva on February 9, 1962 (hereinafter referred to as «the Long-Term Arrangement»). I also refer to recent discussions between representatives of our two Governments and to the Agreement between our two Governments concerning exports of cotton textiles from Portugal to the United States effected by an exchange of notes dated March 23, 1967 (hereinfter referred to «the Agreement»). I confirm, on behalf of my Government, the understanding that the Agreement is amended as provided in the following numbered paragraphs. This amendment is based on our understanding that the above-mentioned Protocol will enter into force for our two Governments on October 1, 1967.
His Excellency Prof. Dr. Alberto Gorjão Franco Nogueira, Minister of Foreign Affairs, Lisbon.
1. Paragraphs 2 and 3 are amended to read as follows:
2. The aggregate limit for the first agreement year, calendar year 1967, shall be 103,425,000 square yards equivalent; for the second agreement year, it shall be 108,990,000 square yards equivalent. It is noted that the aggregate limit and the limit for Group I reflect a special adjustment for the first agreement year. All levels set forth for the second agreement year are 5 percent higher than the limits for the preceding year without this special adjustment; thus the growth factor provided for in paragraph 9 has already been applied in arriving at these levels for the second agreement year.
3. Within the aggregate limit the following group limits shall apply:
(ver documento original) 2. In paragraph 4, all specific limits on yarn categories are deleted.
3. Paragraph 7 is amended to read as follows:
7, a) In the event undue concentration in exports from Portugal to the United States of cotton textiles in any category in Group I, the United States Government may request consultation with the Portuguese Government to determine an appropriate course of action. During the course of such consultation, the Portuguese Government shall limit exports in the category in question from Portugal to the United States starting with the 12-month period beginning on the date of the request for consultation. This limit shall be 105 percent of the exports of such products from Portugal to the United States during the most recent 12-month period preceding the request for consultation and for which statistics are available to the two Governments.
b) In the event that Portugal plans to export during any agreement year more than 350,000 square yards equivalent in any category in Group III not given a specific limit, or more than 500,000 square yards equivalent in any category in Group II not given a specific limit, the Government of Portugal shall inform the Government of the United States of America of this intention. The Government of the United States of America will notify the Government of Portugal promptly, and, in any event, within 30 days after receipt of the information from the Government, whether it wishes to consult on this question. During this 30-day period, the Government of Portugal agrees not to permit agreement year exports to exceed the limit applicable under this paragraph to the category in question. If the Government of the United States of America requests consultations, it shall provide the Government of Portugal with information on conditions of the United States market in this category. During the course of such consultations, the Government of Portugal shall continue to limit exports in this category to an annual level not to exceed the limit applicable to such category under this paragraph.
4. Paragraph 9 is amended to read as follows:
9. In the succeeding 12-month period for which any limitations is in force under this Agreement, the level of exports permitted under such limitation shall be increased by 5 percent of the corresponding level for the preceding 12-month period, the latter level not to include any adjustments under paragraphs 5 or 18.
5. New paragraphs, numbered 18 and 19, are added to the Agreement to read as follows:
18, a) For any agreement year subsequent to the first agreement year and immediately following a year of a shortfall (i.e., a year in which cotton textile exports from Portugal to the United States were below the aggregate limit and any group and specific limits applicable to the category concerned) the Government of Portugal may permit exports to exceed these limits by carryover in the following amounts and manner:
i) The carryover shall not exceed the amount of the shortfall in either the aggregate limit or any applicable group or specific limit and shall not exceed either 5 percent of the aggregate limit or 5 percent of the applicable group limit in the year of the shortfall, and;
ii) In the case of shortfalls in the categories subject to specific limits the carryover shall be used in the same category which the shortfall occurred and shall not exceed 5 percent of the specific limit in the year of the shortfall, and;
iii) In the case of shortfalls not attributable to categories subject to specific limits, the carryover shall be used in the same group in which the shortfall occurred, shall not be used to exceed any applicable specific limit except in accordance with the provisions in paragraph 5 and shall be subject to the provisions of paragraph 7 of the agreement.
b) The limits referred to in subparagraph a) of this paragraph are without any adjustments under this paragraph or paragraph 5.
c) The carryover shall be in addition to the exports permitted in paragraph 5.
19. The Government of the United States of America shall continue to assist in the implementation of the Agreement by the use of import controls.
If the above conforms with understanding of your Government, this note and your note of confirmation on behalf of the Government of Portugal shall constitute an amendment to the cotton textile agreement of March 23, 1967, between our two Governments.
Accept, Excellency, the renewed assurances of my highest consideration.
W. Tapley Bennett Jr.
Lisboa, 29 de Setembro de 1967.
Excelência:
Tenho a honra de acusar a recepção da nota de Vossa Excelência datada de hoje, do teor seguinte:
I refer to the decision of the Cotton Textiles Comittee of the General Agreement on Tariffs and Trade approving a Protocol to extend through September 30, 1970, the Long-Term Arrangement Regarding International Trade in Cotton Textiles done in Geneva on February 9, 1962 (hereinafter referred to as «the Long-Term Agreement»). I also to recent discussions between representatives of our two Governments concerning exports of cotton textiles from Portugal to the United States effected by an exchange of notes dated March 23, 1967 (hereinafter referred to as «the Agreement»). I confirm, on behalf of my Government, the understanding that the Agreement is amended as provided in the following numbered paragraphs. This amendement is based on our understanding that the above-mentioned Protocol will enter into force for our two Governments on Octobre 1, 1967 His Excellency W. Tapley Bennett Jr., ambassador of the United States of America etc., etc., etc., Lisboa.
1. Paragraphs 2 and 3 are amended to read as follows:
2. The aggregate limit for the first agreement year, calendar year 1967, shall be 103,425,000 square yards equivalent; for the second agreement year, it shall be 108,990,000 square yards equivalent. It is noted that the aggregate limit and the limit for Group I reflect a special adjustment for the first agreement year. All levels set forth for the second agreement year are 5 percent higher than the limits for the preceding year, without this special adjustment; thus the growth factor provided for in paragraph 9 has already been applied in arriving at these levels for the second agreement year.
3. Within the aggregate limit the following group limits shall apply:
(ver documento original) 2. In paragraph 4, all specific limits on yarn categories are deleted.
3. Paragraph 7 is amended to read as follows:
7, a) In the event of undue concentration in exports from Portugal to the United States of cotton textiles in any category in Group I, the United States Government may request consultation with the Portuguese Government to determine an appropriate course of action. During the course such consultation, the Portuguese Government shall limit exports in the category in question from Portugal to the United States starting with the 12-month period beginning on the date of the request for consultation. This limit shall be 105 percent of the exports of such products from Portugal to the United States during most recent 12-month period preceding the request for consultation and for which statistics are available to the two Governments.
b) In the event that Portugal plans to export during any agreement year more than 350,000 square yards equivalent in any category in Group III not given a specific limit, or more than 500,000 square yards equivalent in any category in Group II not given a specific limit, the Government of Portugal shall inform the Government of the United States of America of this intention. The Government of the United States of America will notify the Government of Portugal promptly, and, in any event, within 30 days after receipt of the information from the Government of Portugal, whether it wishes to consult on this question. During this 30-day period, the Government of Portugal agrees not to permit agreement year exports to exceed the limit applicable under this paragraph to the category in question. If the Government of the United States of America requests consultations, it shall provide the Government of Portugal with information on conditions of the United States market in this category. During the course of such consultations, the Government of Portugal shall continue to limit exports in this category to an annual level not to exceed the limit applicable to such category under this paragraph.
4. Paragraph 9 is amended to read as follows:
9. In the succeeding 12-month period for which any limitation is in force under this Agreement, the level of exports permitted under such limitation shall be increased by 5 percent of the corresponding level for the preceding 12-month period, the latter level not to include any adjustments under paragraphs 5 or 18.
5. New paragraphs, numbered 18 and 19, are added to the Agreement to read as follows:
18, a) For any agreement year subsequent to the first agreement year and immediately following a year of a shortfall (i.e., a year in which cotton textile exports from Portugal to the United States were below the aggregate limit and any group and specific limits applicable to the category concerned) the Government of Portugal may permit exports to exceed these limits by carryover in the following amounts and manner:
i) The carryover shall not exceed the amount of the shortfall in either the aggregate limit or any applicable group or specific limit and shall not exceed either 5 percent of the aggregate limit or 5 percent of the applicable group limit in the year of the shortfall, and ii) In the case of shortfalls in the categories subject to specific limits the carryover shall be used in the same category in which the shortfall occurred and shall not exceed 5 percent of the specific limit in the year of the shortfall, and iii) In the case of shortfalls not attributable to categories subject to specific limits, the carryover shall be used in the same group in which the shortfall occurred, shall not be used to exceed any applicable specific limit except in accordance with the provisions of paragraph 5 and shall be subject to the provisions of paragraph 7 of the agreement.
b) The limits referred to in subparagraph a) of this paragraph are without any adjustments under this paragraph or paragraph 5.
c) The carryover shall be in addition to the exports permitted in paragraph 5.
19. The Government of the United States of America shall continue to assist in the implementation of the Agreement by the use of import controls.
If the above conforms with the understanding of your Government, this note and your note of confirmation on behalf of the Government of Portugal shall constitute an amendment to the cotton textile agreement of March 23, 1967, between our two Governments.
Tenho a honra de comunicar a Vossa Excelência que o Governo Português está de acordo com o teor da nota de Vossa Excelência e que a nota de Vossa Excelência e esta resposta constituem um Acordo formal entre os nossos dois países a partir de hoje.
Aproveito a oportunidade para apresentar a Vossa Excelência os protestos da minha mais alta consideração.
Franco Nogueira.