Protocol To The Agreement On The Importation Of Educational And Cultural Materials

Original Language Title: Protokol k Dohodě o dovozu vzdělávacích a kulturních materiálů

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103/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 26 July. November 1976 was in

Nairobi adopted the General Conference of the United Nations

Educational, scientific and Cultural Organization (UNESCO), the Protocol to the agreement on the importation of

Educational, scientific and cultural materials of 22 November. November

1950.



The instrument of accession of the Czech Republic to the Protocol to the agreement on the importation of

Educational, scientific and cultural materials of 22 November. November

1950 was deposited with the Secretary-General of the United Nations,

the depositary of the Protocol, on 22 November. August 22, 1997.



Protocol entered into force, pursuant to article VIII, paragraph 1. 17

(a). (a) on 2 December. January 1982. For the Czech Republic entered into force

in accordance with the wording of paragraph 17 (a). (b) of the same article of the Protocol on the date

February 22, 1998.



Czech translation of the Protocol shall be published at the same time.



PROTOCOL



agreement on the importation of educational, scientific and cultural materials

adopted by the General Conference at its nineteenth session in Nairobi

on 26 April. November 1976



The Contracting States, the signatories to the agreement on the importation of educational, scientific and

cultural materials, adopted by the General Conference of the United

Nations Educational, scientific and Cultural Organization at its fifth session held in

Florence in 1950,



Reaffirming the principles on which the agreement is also referred to as "the agreement",

based,



considering that this agreement has proved itself as an effective tool in

the removal of customs formalities and reducing other economic restrictions,

that prevents the exchange of ideas and knowledge,



Bearing in mind that for a quarter of a century after the adoption of the agreement have passed

as a result of technical progress changed ways and means in

transfer of information and knowledge, which is the fundamental objective of this agreement,



Bearing in mind that the advances that have occurred in the field of international

trade during this period has been widely reflected in greater freedom

exchanges, considering that since the adoption of the agreement radically

the international situation has changed with the development of the international community,

in particular, the fact that many States of the independence,



taking into account the needs and interests of developing countries must be taken

consideration has been given to them easier and less costly access to

education, science, technology and culture,



Recalling the provisions of the Convention concerning measures to prohibit and prevent

the illicit import, export and transfer of ownership of cultural property,

adopted by the General Conference of the United Nations Educational,

Scientific and Cultural Organization in 1970, and provisions of the Convention concerning the protection of

world cultural and natural heritage adopted by the General Conference

in 1972,



In addition to Recalling the customs conventions concluded under the auspices of the Council for

the customs cooperation agreement with the United Nations Educational,

Scientific and Cultural Organization, concerning temporary imports of educational, scientific and

cultural materials,



convinced that should be concluded new agreements and that such agreements

will contribute even more effectively to the development of education, science and culture, which

represent a substantial base for economic and social progress,



Recalling the resolution adopted by the General Conference 3,965

The United Nations Educational, scientific and Cultural Organization at its

eighteenth session,



have agreed as follows:



(I)



1. the Contracting States undertake to extend the exemption from customs duties and other levies

imposed on them on or in connection with it, referred to in article

I (2) 1 of the agreement on the materials listed in annexes A, B, D and E, and also in

cases where these attachments were not affected by the Declaration, following the

that paragraph 16a), as well as to the materials referred to in annexes c. 1, F, G, and

(H) of this Protocol, provided that such materials comply with

the conditions laid down in these annexes and are the products of another Contracting

State.



2. The provisions of paragraph 1 of this Protocol shall not prevent any Contracting

State to chose from the imported goods:



a) internal taxes or any other internal levy at the time of importation

or, subsequently, the amount of which does not exceed the internal taxes or any

other internal benefits that directly or indirectly similar

domestic products



(b) the fees and surcharges), other than customs duties, imposed by government authorities on imports

or in connection with, importation, limited in amount to the approximate cost of the amount of the

of the services provided, and which do not and indirect protection

domestic products nor a taxation of imports for the purposes of retirement.



(II)



3. Despite the provisions of paragraph 2a) of this Protocol, the Contracting States

undertake not to impose any internal taxes or charges levied at the time of

importation or subsequently on the following materials:



a) books and publications consigned to the libraries referred to in paragraph 5 of this

the Protocol,



(b)) official, parliamentary and administrative documents you printed in the country of their

of origin,



c) books and publications of the United Nations or any of its

professional organisations,



d) books and publications of the United Nations Educational,

Science and culture has received and distributed free of charge by it or under its

supervision,



e) publications intended to promote tourist travel outside the country

importation, sent and distributed free of charge,



f) articles for the blind and other physically or mentally handicapped persons:



(i) books, publications and documents of all kinds issued in chodsko blind font



(ii) other materials specifically designed for educational and cultural development

of the blind and other physically or mentally handicapped persons, which are

are imported directly by institutions or organizations concerned with the education of

or providing assistance, scientific and other persons physically or

mentally disabled approved by competent authorities of the importing country to

duty-free entry of these types of products.



(III)



4. The Contracting States undertake not to levy on the articles and materials referred to

in the annexes to this Protocol any customs duties, export charges or benefits

levied on goods exported from a country or any internal taxes

levied on such articles and materials to be exported to another

Contracting State.



(IV)



5. the Contracting States undertake to extend the issue of licensing or

the foreign exchange cover under paragraph 1 of article II of the agreement for the import of these

materials:



a) books and publications consigned to libraries including:



(i) national libraries and other major research libraries,



(ii) General and specialized academic libraries, including

University libraries, Institute libraries and University extra-mural libraries,



(iii) public libraries,



(iv) school libraries,



(v) special libraries serving a group of readers who

community, having particular and identifiable subjects of interest, such as

Government libraries, public libraries, offices, library, industrial circles and

professional library



(vi) libraries for the handicapped and for readers who are not able to

to move around, such as libraries for the blind, hospital libraries and prison

the library,



(vii) a library of sheet music, including recordings,



(b)) books adopted or recommended as textbooks in higher degrees

educational establishments and imported by such establishments,



(c)), with the exception of foreign language books in the principal native language or

languages of the importing country,



d) films, slides, video tapes and sound recordings of an educational,

scientific or cultural nature, imported by organizations that have

for the purpose of duty-free entry from the competent authorities of the importing State

import permits for these materials.



In



6. the Contracting States undertake to extend the granting of the benefits under article

(III) agreement on the educational, scientific or cultural materials and equipment,

that are imported solely for the purpose of public exhibition, exposure

approved by the competent authorities of the importing country and for subsequent return

export.



7. nothing in the preceding paragraph shall not prevent the authorities of the importing State,

to take the necessary steps to ensure the re-exportation of those

materials and equipment after the close of the exhibition.



(VI)



8. the Contracting States undertake to:



and to extend to the importation of the goods) under this Protocol in accordance with article

IV of the agreement,



(b)) to encourage through appropriate measures the free flow and distribution of educational,

Scientific and cultural objects and materials produced in the developing

States.



(VII)



9. nothing in this Protocol shall not affect the right of Contracting States to take on the

accordance with its legislation, measures to prohibit or limit the importation

or circulation after importation of a particular material, for reasons which are directly related

their national security, public order or public morals.



10. Notwithstanding the other provisions of this Protocol, a developing country

which is defined as such in conformity with the established practice of the General

Assembly of the United Nations and which is a party

This Protocol, may suspend or limit the obligations arising for

her of this Protocol in respect of the importation of any article or

the material, which would have caused serious injury or threatened to způsobiti

Europe domestic industry this development to the State. The State concerned

proceeding to such measures non-discriminatory manner. Shall inform the


the Director-General of the United Nations Educational, scientific and

the culture of any such action in advance, such as

feasible, and the Director-General of the United Nations

Educational, scientific and Cultural Organization inform all the Contracting Parties

Protocol.



11. this Protocol shall not affect the laws and regulations of any Contracting

State or any of its international treaties, conventions, agreements and

claims concerning copyright, trademarks or

patents.



12. in accordance with the provisions of any previous conventions to which

they may be bound for the settlement of disputes, the Contracting States undertake that, in the

any dispute regarding the interpretation or implementation of this

the log will have to deal with these disputes by negotiation or conciliation.



13. in the event of a dispute between Contracting States relating to the educational,

scientific or cultural character of imported materials can

interested parties on the basis of a joint agreement to refer the dispute

the Director-General of UNESCO for consideration.



(VIII)



14.



and This Protocol) the English and French text have the same

authentic, shall bear today's date and shall be open for signature by all

the States parties to the agreement, as well as the Customs and economic Union

provided that all the Member States that produce them are also

the parties to this Protocol.



The term "State" or "country" when used in this Protocol, or in the

the Protocol referred to in paragraph 18, means also, if it's from the

the context is clear, and the customs or economic Union, and, in all matters

falling within the scope of this Protocol, the territory of all the Member States of the

which the Union is composed and not only the territory of each of those States.



It is understood that such customs or economic Union becoming a Contracting

party to this Protocol, the agreement will be governed by the provisions on the same

basis, as indicated in the previous paragraph, as amended by this

Protocol.



(b)) this Protocol shall be ratified or accepted on behalf of the signatory

States in accordance with their own constitutional procedures.



c) instruments of ratification or acceptance shall be deposited with the

Secretary-General of the United Nations.



15.



a) States referred to in paragraph 14a), which are not signatories to the Protocol,

can accede.



(b)) the accession enters into force effected by the instrument of accession

with the Secretary-General of the United Nations.



16.



a) States referred to in paragraph 14a) Protocol may, at the time of signature,

ratification, acceptance or accession, declare that it will not be bound by parts

II and IV and annexes c. 1, F, G, H, or by any of these parts or

attachments. They may also declare that it will be bound by annex c. 1 only in

relation to the Contracting States which have themselves have accepted that annex.



(b) Any Contracting State), which has made this statement, it can be

revoke wholly or in part at any time with the understanding that it shall inform the

the United Nations Secretary-General and determines the date from which this

the appeal shall enter into force.



(c)) States that, in accordance with subparagraph (a)) of this paragraph declared that the

will not be bound by annex c. 1, shall be bound by annex c. 2. The ones that

declared that they will be bound by annex c. 1 only in respect of those States,

they have accepted that annex shall necessarily bound by annex c. 2 in

relation to those Contracting States which have not adopted the annex C 1.



17.



and) this Protocol shall enter into force six months after the date of deposit of the fifth

the instrument of ratification, acceptance or accession with the Secretary-General of the

The United Nations,



(b) any other State) shall enter into force six months after the date of deposit of

its instrument of ratification, acceptance or accession,



(c)) within six months after the expiry of the periods referred to in points (a) and (b)))

This paragraph, the Contracting States to this Protocol shall submit to the Organization

the United Nations Educational, scientific and cultural message about what

measures taken for the effective implementation of this Protocol.



18. The Protocol annexed to the agreement and forming an integral part thereof,

as provided for in article XVII of the agreement, this becomes an integral part of

This Protocol and shall apply to obligations arising from this

Protocol and to products covered by this Protocol.



19.



and) two years after the entry into force of this Protocol, any

Contracting State written notice terminate this Protocol deposited with

the Secretary-General of the United Nations,



b) denunciation shall take effect one year after receipt of the written notification of the

of denunciation,



(c) the termination of the agreement) referred to in article XIV of the agreement will be automatically include

denunciation of this Protocol.



20. The Secretary-General of the United Nations shall inform the

States referred to in paragraph 14a), as well as the United Nations

Educational, scientific and Cultural Organization on the deposit of any instrument of ratification and the instruments of

the adoption of or accession referred to in paragraphs 14 and 15 and on its

declarations and their appeal in accordance with paragraph 16 and about the data, when this

the Protocol shall enter into force in accordance with paragraph 17a) and (b)), and statements

in accordance with paragraph 19.



21.



and) this Protocol may be amended in the General Conference of

the United Nations Educational, scientific and Cultural Organization. Any such change

However, it will be binding only on States that become signatories to the

the Protocol of amendment,



(b)) should the General Conference adopt a new protocol that would

change all or part of this Protocol, this Protocol shall cease to be

open to signature, ratification, acceptance or accession as from the date when

a new amending Protocol enters into force, unless this new

the Protocol provided otherwise.



22. this Protocol does not change or modify the agreement.



23. Annexes A, B, C 1, C 2, D, E, F, G and H form an integral part

of this Protocol.



24. In accordance with article 102 of the Charter of the United Nations will be

This log file registered by the Secretary-General of the United

Nations on the date of its entry into force.



In witness whereof, the duly authorised thereto, have signed this Protocol

on behalf of their Governments.



Appendix A-books, publications and documents



(i) printed books, irrespective of the language in which they are printed and

whatever the amount of space given over to illustrations, including the following:



Luxury Edition),



b) books printed abroad from the manuscript of an author resident in the importing country,



(c) colouring book for children),



(d)) school workbooks (copybook) with printed texts and blank spaces

which are the pupils,



e) crossword puzzle books containing printed texts,



f) loose illustrations and printed pages in the form of loose or bound

sheets and handouts to print or movies that will be used for printing and

the production of books,



(ii) printed documents or reports of non-commercial nature,



(iii) microforms of goods referred to under (i) and (ii) of this annex,

as well as the goods referred to under items (i) to (vi) of the annex and the agreement,



(iv) catalogues of films, recordings or other Visual and auditory

materials of an educational, scientific or cultural character,



(v) maps and diagrams, with a focus on scientific disciplines, such as geology,

zoology, Botany, mineralogy, palaeontology, archaeology, Ethnology,

meteorology, climatology and Geophysics, but also meteorological and

geophysical diagrams,



(vi) architectural, industrial and construction plans and projects and their

the reproduction,



(vii) bibliographical information material for distribution free of charge.



Annex B-works of art and collectors ' items, educational,

scientific or cultural character



(i) paintings and drawings, whatever the nature of the materials that were completely

made by hand, including copies executed by hand, except in series

manufactured decorated wares,



(ii) ceramics and mosaics on wood, if it is an original work,



(iii) collectors and art objects that are stored in galleries,

museums and other institutions approved by the competent authorities of the

Import for the purpose of duty-free entry of these types of materials, provided

It will not be resold.



Annex C-1 Visual and auditory materials



(i) films, ^ 1) filmstrips, microforms and slides,



(ii) sound recordings,



(iii) patterns, models and wall maps of educational, scientific and

cultural character, except toy models,



(iv) other Visual and auditory materials, such as:



and videotapes, kineskopy), video discs, videogramy and other forms of

Visual and sound recordings,



b) microcards, microfiches and magnetic or other information media

required in computerized information and documentation services,



c) materials for programmed instruction, which may be presented in the

files with the corresponding printed materials, including video-cassettes and

audio cassettes,



d) transparencies, including those for direct projection or for

viewing through optical devices,



e) holograms for laser projection,



f) mock-ups or visualizations of abstract concepts such as

molecular structures or mathematical formulae,



g) multi-media kits,



h) materials for the promotion of tourism, including those produced by the

private concerns, designed to encourage the public to travel

the boundaries of the State of import.



(The exemptions referred to in Annex C, 1) shall not apply to:



a) unused microform stock and unused Visual and auditory


recording media and their specific packaging such as cassettes, cartridges

, reels,



b) Visual and auditory recordings with the exception of the materials on the promotion of

tourism activities referred to in paragraph (vi) h), produced by a private business

undertaking or for the company, mainly for advertising purposes,



c) Visual and auditory recordings in which the advertising exceeds 25% of the time. In

materials for the promotion of tourism covered by paragraph (iv) (h))

This percentage applies only to private commercial publicity.



Annex c. 2 Visual and auditory materials-educational, scientific and

cultural character



Visual and auditory materials of an educational, scientific or cultural

nature, if they are imported by organizations (including, according to

the discretion of the importing State and the broadcasting organizations) or by any

other public or private institutions or companies

approved by the competent authorities of the State to duty free imports

These materials, or if they are made by the United Nations

or any of their specialized agencies, including the following:



(i) films, filmstrips, microfilms and slides,



(ii) movie news (vocalized or neozvučené) showing the event

the current information values at the time of importation, and imported in the form of

the exposed and developed, negative or positive

, printed and developed, with the free access can be limited to

two copies of each title for propagating purposes,



(iii) archival film material (with or without sound track) intended for

use together with newsreel films,



(iv) recreational films particularly suited for children and young people, (v) sound

recordings,



(vi) video tapes, video discs, kineskopy, videogramy and other forms of

Visual and sound recordings,



(vii) microcards, microfiches and magnetic or other information storage

media required in computerized information and documentation services,



(viii) materials for teaching programming, which may be presented

in sets with the corresponding printed materials, including video-cassettes and

audio cassettes,



(ix) transparencies, including those intended for direct projection or

for viewing through optical devices,



(x) holograms for laser projection,



(xi) mock-ups or visualizations of abstract concepts such as

molecular structures or mathematical formulae,



(xii) multi-media kits.



Annex D-scientific instruments or apparatus



(i) scientific instruments or apparatus, provided:



and) that they are intended for public or private scientific or educational

institutions approved by the competent authorities of the State to duty free

imports of such materials are used for non-commercial purposes and are under the

the control of these institutions that they are responsible for them



b) that instruments or apparatus of equivalent scientific value are not

manufactured in the importing country,



(ii) spare parts, components or accessories belonging to the scientific

instruments or apparatus, provided that these spare parts,

components or accessories are imported at the same time with the tools and

instruments; where they are imported subsequently, must be ztotožněny as

intended for instruments or apparatus, which have been released free of duty

or could be released free of duty,



(iii) tools to be used for the maintenance, inspection, measurement

or repair of scientific instruments, provided these tools are

imported at the same time with the tools or instruments; where they are imported subsequently,

ztotožněny must be as specified for the specific tools and

instruments that have been released free of duty or could be released

free of duty, and further provided that tools of equivalent scientific

value are not being manufactured in the importing country.



Annex E-Materials for the blind and other handicapped persons



(i) all articles specially designed for the educational, scientific or cultural

Advancement of the blind which are imported directly by institutions or organizations

concerned with the education of the blind, approved by the competent authorities of the State as

duty-free imports of these products, including:



a) talking books (discs, cassettes or other sound reproductions) and books with

large-print,



b) phonographs and cassette players designed or adapted

especially for the blind and other handicapped persons and required to play

talking books,



(c)) equipment for the reading of normal print by the blind and partially sighted,

such as electronic reading machines, television enlargers and optical

AIDS,



d) equipment for the mechanical or computerized production of Braille and

recorded material, such as stereo-typing machines, electronic

Braille, přepisové and printing machines, Braille computer terminals

and display,



e) Braille paper, magnetic tapes and cassettes for the production of

Of Braille and talking books,



f) AIDS for improving the mobility of the blind, such as electronic

orientation, obstacle detection appliances and white canes,



g) technical AIDS for the education, rehabilitation, vocational training

employment of the blind, such as Braille watches, Braille writing

the machine, teaching and learning AIDS, games and other instruments specifically adapted

for the use of the blind.



(ii) all materials specially designed for the education, employment and

social development of other physically or mentally disabled persons

they are imported by institutions or organizations concerned with education

or by such people, approved by the competent authorities of the State

as the duty-free imports these types of articles, provided that the same

the products are not being manufactured in the importing country.



Annex F-sports equipment



Sports equipment intended exclusively for amateur sports associations or

groups approved by the competent authorities of the State to duty free

imports of these types of articles, provided that equivalent products are not

being manufactured in the importing country.



Annex G musical instruments and other musical equipment



Musical instruments and other musical equipment intended solely for cultural

institutions or music schools approved by the competent authorities of the

for the purpose of duty-free entry of these types of articles, provided that equivalent

tools and equipment are not being manufactured in the importing country.



Annex H Material and machines used for the production of books, publications and

documents



(i) the material used for the production of books, publications and documents (paper

pulp, recycled paper, newsprint and other types of paper used

for printing, printing inks, glue, etc.),



(ii) machines for the processing of paper pulp and paper and also printing and

binding machines, provided that machines of the same technical quality

are not being manufactured in the importing country.



1) duty free importation of copied and thrown cinematograph films

for public exhibition or for sale may be limited to

the negatives, it being understood that this restriction does not apply to films (including

News), if they can import duty free under the provisions of the annex to

(C) 2 of this Protocol.

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