in Protocol A. 2. The competent authorities in the Member States are required to issue import authorizations or documents automatically within five working days of the submission of a request by an importer in accordance with Protocol A. The said import authorizations or documents shall be valid for six months. Article 71. Exports of textile products not subject to the quantitative limits established in Annex II may be made subject to quantitative limits on the conditions laid down in the following paragraphs. 2. Where the Community finds, under the system of administrative control set up, that the level of imports ofproducts in a given category not listed in Annex II originating in Bulgaria exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates: - for categories of products in Group I: 0,4 %, - for categories of products in Group II: 2,4 %, - for categories of products in Group III: 8 %, it may request the opening of consultations in accordance with the procedure described in Article 14 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category. 3. Pending a mutually satisfactory solution, Bulgaria undertakes, from the date of notification of the request for consultations, to suspend or limit at the level indicated by the Community exports of the category of products in question to the Community or to the region or regions of the Community market specified by the Community. The Community shall authorize the importation of products of the said category shipped from Bulgaria before the date on which the request for consultations was submitted. 4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 14, the Community shall have the right to introduce a definitive quantitative limit at an annual level not lower than the level resulting from the application of the formula set out in paragraph 2, or 106 % of the level of imports reached during the calendar year preceding that in which imports exceeded the level resulting from the application of the formula set out in paragraph 2 and gave rise to the request for consultations, whichever is the higher. The annual level so fixed shall be revised upwards after consultations in accordance with the procedure referred to in Article 14 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. 5. The limits introduced pursuant to paragraphs 2 or paragraph 4 may in no case be lower than the level of Community imports of products in that category originating in Bulgaria in 1985. 6. In accordance with the procedures set out in paragraphs 2 and 4, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community exceed the following regional percentages of the amounts determined as laid down in paragraph 2: Federal Republic of Germany25,5 %. Benelux9,5 %. France16,5 %. Italy13,5 %. Denmark2,7 %. Ireland0,8 %. United Kingdom21,0 %. Greece1,5 %. Spain7,5 %. Portugal1,5 %. 7. The annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol C. 8. The provisions of this Article shall not apply where the percentages specified in paragraph 2 have been reached as a result of a fall in total imports into the Community, and not as a result of an increase in exports of products originating in Bulgaria. 9. In the event of the provisions of paragraph 2 or paragraph 4 being applied, Bulgaria undertakes to issue export licences for products covered by contracts concluded before the introduction of the quantitative limit, up to the volume of the quantitative limit fixed for the current year. 10. Up to the date on which the statistics referred to in Article 9 (6) are provided, the provisions of paragraph 2 of this Article shall be applied on the basis of the annual statistics previously communicated by the Community. 11. The provisions of this Agreement which concern exports of products subject to the quantitative limits established in Annex II shall also apply to products for which quantitative limits are introduced under this Article. Article 81. Bulgaria and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, rerouting or whatever other means. 2. Where information available to the Community as a result of the investigations carried out in accordance with the procedures set out in Protocol A constitutes evidence that products of Bulgarian origin subject to quantitative limits established under this Agreement have been transhipped, rerouted or otherwise imported into the Community in circumvention of this Agreement, the Community may request the opening of consultations in accordance with the procedures described in Article 14 of this Agreement, with a view to reaching agreement on an equivalent adjustment of the corresponding quantitative
PROTOCOL C The annual growth rate for the quantitative limits introduced under Article 7 of the Agreement shall be determined as follows: (a) For products in categories falling within Group I the growth rate of 3 % shall be fixed for the relevant products of category 3; (b)For products in categories falling within Groups II or III, the growth rate shall be fixed by agreement between the Parties in accordance with the consultation procedure established in Article 14 of the Agreement. Such growth rate may in no case be lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of Bulgaria. PROTOCOL D The Community and Bulgaria agree that if the Multifibre Arrangement is extended for a period going beyond 31 December 1990 then the present Agreement will be automatically prolonged for a further period of one year up to 31 December 1991 in accordance with the economic and technical terms of the existing Agreement, with the adaptations strictly necessary for the application of the Agreement for the fifth year. JOINT DECLARATION The People's Republic of Bulgaria and the European Economic Community agree that carryover from the quantitative limits for the year 1986 of amounts not used during the year 1986 is authorized up to 7 % of the corresponding quantitative limits for 1987. Anticipation of a portion of quantitative limits for the year 1987 is authorized up to 5 % for any quantitative limit for the year 1986. Head of Delegation of thePeople's Republic of BulgariaHead of Delegation of theEuropean Economic CommunitySPA:L333UMBE11.95FF: 3UEN; SETUP: 01; Hoehe: 254 mm; 34 Zeilen; 1800 Zeichen; Bediener: HELM Pr.: C; Kunde: AGREEMENTbetween the European Economic Community and the People's Republic of Bulgariaon trade in textile productsDone at Brussels on 11 July 1987THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, andTHE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BULGARIA, of the other part, DESIRING to promote, with a view to permanent cooperation and in conditions providing the utmost security for trade, the mutual expansion and orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as 'the Community') and the People's Republic of Bulgaria (hereinafter referred to as 'Bulgaria'), RESOLVED to take the fullest possible account of the economic and social problems at present affecting the textile industry in both importing and exporting countries, in particular in order to eliminate the real dangers of distortion of the Community market and of disturbance of trade in Bulgarian textile products, HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries: THE COUNCIL OF THE EUROPEAN COMMUNITIES: THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BULGARIA: WHO HAVE AGREED AS FOLLOWS: SECTION ITrade arrangementsArticle 11. This Agreement shall apply to trade in textile products of cotton, wool, fine animal hair or man-made fibres originating in Bulgaria which are listed in Annex I. 2. The classification of the products covered by this Agreement is based on the nomenclature of the Common Customs Tariff and on the Nomenclature of Goods for the External Trade Statistics of the Community and the Statistics of Trade between its Member States (NIMEXE). From the entry into force of the International Convention of the Harmonized Commodity Description and Coding System (HS), this classification will be based on the Harmonized System and on the Community Nomenclatures derived from that system. 3. The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community. Any amendment to these rules of origin shall be communicated to Bulgaria 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. Article 21. Bulgaria agrees to establish and maintain for each calendar year quantitative limits on its exports to the Community in accordance with the table in Annex II. 2. Subject to the provisions set out in Articles 5 and 7, and without prejudice to the quantitative arrangements applicable to products undergoing the operations referred to in Article 3 (4), the Community undertakes in respect ofproducts covered by this Agreement to suspend the application of quantitative restrictions on imports currently in force, and not to introduce new quantitative restrictions. 3. Measures having equivalent effect to quantitative restrictions on the importation into the Community of the products covered by this Agreement shall be prohibited. Article 31. Exports of cottage industry fabrics woven on hand- or foot-operated looms, articles of clothing or other textile articles obtained or sewn manually from such fabrics and traditional folklore handicraft products shall not be subject to quantitative limits, provided that these products meet the conditions laid down in Protocol B. 2. Imports into the Community of textile products covered by this Agreement shall not be subject to the quantitative limits established in Annex II, provided that they are declared to be for re-export from the Community in the same state or after processing, under the administrative system of control which exists within the Community. However, the release for home use of products imported under the conditions referred to above shall be subject to the production of an export licence issued by the Bulgarian authorities, and to proof of origin in accordance with the provisions of Protocol A. 3. Where the competent authorities in the Community have evidence that imports of textile products have been set off against a quantitative limit established under this Agreement, but that the products have subsequently been re-exported from the Community in the same state or after processing, the authorities concerned shall inform the Bulgarian authorities within four weeks of the quantities involved and shall authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit established for the current or the following year. 4. Re-imports into the Community of textile products listed in Annex I which have been temporarily exported by the Community and subsequently processed in Bulgaria shall not be subject to the quantitative limits established under this Agreement, provided they are effected in accordance with the regulations on economic outward processing traffic in force in the Community. Article 41. Advance use of a portion of the quantitative limit established for the following year shall be authorized for each category of products up to 5 % of the quantitative limit for the current year. Amounts 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 printscript. These documents shall measure 210 × 297 mm. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m². Eachpart shall have a printed guilloche-pattern background making any falsification by mechanical or chemical means apparent to the eye. 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 in the Community as being valid for the purpose of export to the Community in accordance with the arrangements established by 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 Bulgaria as follows: BU, - two letters identifying Member State of destination as follows: BL = BeneluxDK = DenmarkDE = Federal Republic of GermanyES = SpainFR = FranceGB = United KingdomGR = GreeceIE = IrelandIT = ItalyPT = Portugal, - a one-digit number identifying quota year, corresponding to the last figure in the respective Agreement year, e.g. 7 for 1987, - a two-digit number identifying the particular issuing office concerned in Bulgaria, - a five-digit number running consecutively form 00001 to 99999 allocated to the respective Member State of destination. Article 15The export licence and certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either the endorsement 'delivré a posteriori' or the endorsement 'issued retrospectively'. Article 161. In the event of theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent governmental authority 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 'duplicata'. 2. The duplicate must bear the date of the original export licence or certificate of origin. TITLE VADMINISTRATIVE COOPERATIONArticle 17The Community and Bulgaria shall cooperate closely to implement the provisions of the Agreement. To this end, contacts and exchanges of views (including on technical matters) shall be facilitated by both parties. Article 18In order to ensure the proper application of the Agreement, the Community and Bulgaria shall assist each other in checking the authenticity and accuracy of export licences and certificates of origin issued or declaration made under this Protocol. Article 19Bulgaria shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export licences and certificates of origin together with specimens of the stamps used by these authorities. Bulgaria shall also notify the Commission of any change in this information. Article 201. 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 products in question. 2. In such cases the competent authorities in the Community shall return the certificate of origin or export licence or a copy therof to the competent governmental authority in Bulgaria giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy therof shall be attached to the certificate or licence or its copy. 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 be applicable to subsequent verifications of the declarations of origin referred to 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 or licence or declaration applies to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by the Agreement. The information shall also include, at therequest of the Community, copies of all documentation necessary to determine the facts fully 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 (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 Avis juridique important|21987A1009(01)Acordo entre a Comunidade Económica Europeia e a República Popular da Bulgária sobre o comércio internacional de têxteis Jornal Oficial nº L 287 de 09/10/1987 p. 0002