year in question. Article 131. If the competent Community authorities find that the total quantities covered by export certificates issued by Macao for a particular category in any Agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 6,13 and 14 of the Agreement, or any definitive or provisional limit established under Article 7 or 8 of the Agreement, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent Community authorities shall immediately inform the authorities of Macao and the special consultation procedure set out in Article 16 (1) of the Agreement shall be initiated forthwith. 2. Exports of Macao origin not covered by export licences issued in accordance with the provisions of this Protocol may be refused the issue of import authorizations or documents by the competent Community authorities. However, if the import of such products are allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Articles 7 or 8 of the Agreement, without the express Agreement of Macao authorities save as provided for in Article 11 of the Agreement. TITLE IV FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS 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 printscript. These documents shall measures 210 × 297 mm. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part 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 maked as "original" and the other copies as "copy". Only the original shall be accepted by the competent authorities in the Community as being valid for the purposes of exports to the Community in accordance with the arrangements established by this 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 Macao as follows : MO, - two letters identifying country of destination as follows: >PIC FILE= "T0036595"> - a single-digit number identifying quota year, corresponding to the last figure in year e.g. 3 for 1983, - a two-digit number running consecutively from 01 to 99 identifying the issuing office, - a five-digit number running consecutively from 00001 to 99999 allocated to the country of destination. Article 15 The export licence and certificate or origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either the endorsement "delivrée a posteriori" or the endorsement "issued retrospectively". Article 16 1. 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 V ADMINISTRATIVE COOPERATION Article 17 The Community and Macao shall cooperate closely to implement the provisions of this Agreement. 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 proper application of this Agreement, the Community and Macao 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 19 Macao shall send the Commission of the European Communities the names and addresses of the govermental authorities competent for the issue and verification of export licences and certificates of origin together with specimens of the stamps used by these authorities. Macao shall also notify the Commission of any change in this information. Article 20 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 products in question. 2.
products are allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Articles 7 or 8 of the Agreement, without the express Agreement of Macao authorities save as provided for in Article 11 of the Agreement. TITLE IV FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS 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 printscript. These documents shall measures 210 × 297 mm. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part 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 maked as "original" and the other copies as "copy". Only the original shall be accepted by the competent authorities in the Community as being valid for the purposes of exports to the Community in accordance with the arrangements established by this 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 Macao as follows : MO, - two letters identifying country of destination as follows: >PIC FILE= "T0036595"> - a single-digit number identifying quota year, corresponding to the last figure in year e.g. 3 for 1983, - a two-digit number running consecutively from 01 to 99 identifying the issuing office, - a five-digit number running consecutively from 00001 to 99999 allocated to the country of destination. Article 15 The export licence and certificate or origin may be issued after the shipment of the products to which they relate. In such cases they shall bear either the endorsement "delivrée a posteriori" or the endorsement "issued retrospectively". Article 16 1. 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 V ADMINISTRATIVE COOPERATION Article 17 The Community and Macao shall cooperate closely to implement the provisions of this Agreement. 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 proper application of this Agreement, the Community and Macao 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 19 Macao shall send the Commission of the European Communities the names and addresses of the govermental authorities competent for the issue and verification of export licences and certificates of origin together with specimens of the stamps used by these authorities. Macao shall also notify the Commission of any change in this information. Article 20 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 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 thereof to the competent governmental authority in Macao giving, where appropriate, the reasons of form or substance for an inquiry. If the invoice has been submitted, such invoice or a copy thereof 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 this purpose. It shall be applicable until 31 December 1986. 2. This Agreement shall apply with effect from 1 January 1983. 3. Either Party may at any time propose modifications to the Agreement. 4. Either Party may at any time denounce this Agreement provided that at least 90 days'notice is given. In that event the Agreement shall come to an end on the expiry of the period of notice. 5. The Annexes and Protocols to this Agreement, and the exchange of letters shall form an integral part thereof. Article 19 This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian and Portuguese languages, each of these texts being equally authentic. ANNEX I Certain changes have been made in the composition of the textile groups referred to in the Agreement. To facilitate reference to the new groupings, their composition is set out below: >PIC FILE= "T0036570"> Note: Category 10 comprises former categories 10 and 11. Category 24 comprises former categories 24 and 25. Category 19 comprises former categories 19 and 89. Category 72 comprises former categories 72 and 79. GROUP I A >PIC FILE= "T0036571"> GROUP I B >PIC FILE= "T0036572"> GROUP II A >PIC FILE= "T0036573"> GROUP II B >PIC FILE= "T0036574"> >PIC FILE= "T0036575"> >PIC FILE= "T0036576"> >PIC FILE= "T0036577"> >PIC FILE= "T0036578"> GROUP III A >PIC FILE= "T0036579"> >PIC FILE= "T0036580"> >PIC FILE= "T0036581"> >PIC FILE= "T0036582"> >PIC FILE= "T0036583"> >PIC FILE= "T0036584"> GROUP III B >PIC FILE= "T0036585"> >PIC FILE= "T0036586"> >PIC FILE= "T0036587"> GROUP III C >PIC FILE= "T0036588"> >PIC FILE= "T0036589"> >PIC FILE= "T0036590"> ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form >PIC FILE= "T0036591"> >PIC FILE= "T0036592"> REGIONAL LIMITS >PIC FILE= "T0036593"> >PIC FILE= "T0036594"> PROTOCOL A TITLE I CLASSIFICATION Article 1 1. The competent authorities of the Community undertake to inform Macao of any changes in the Common Customs Tariff or NIMEXE before the date of their entry into effect in the Community. 2. The competent authorities of the Community undertake to inform Macao of any decisions relating to the classification of products subject to the present Agreement within one month of their adoption at the latest. Such communication shall include: (a) a description of the products concerned; (b) the relevant category, tariff position or sub-position and the NIMEXE code; (c) the reasons which have led to the decision. 3. Where a decision on classification results in a change of classification practice or a change of category of any product subject to the present Agreement, the competent authorities of the Community shall provide 30 days'notice, from the date of the Community's communication, before the decision enters into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date. 4. Where a Community decision on classification resulting in a change of classification practice or a change of categorization of any product subject to the present Agreement affects a category subject to restraint, the Community undertakes to enter into consultations without delay in accordance with the procedures described in Article 16 (2) of this Agreement with a view to agreeing necessary adjustments to the appropriate quantitative limits established in Annex II and mitigating any disruptive effects which might arise from such a Community decision. TITLE II ORIGIN Article 2 1. Products originating in Macao for export or other commercial document relating to the products to the effect that the products in question originate in Macao within the meaning of the relevant rules in force in the Community. 4. The certificate of origin referred to in paragraph 1 shall not be required for import of goods covered by a certificate of origin Form A or form APR completed in accordance with the relevant Community rules in order to qualify for generalized tariff preferences. Article 3 The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. The competent governmental authorities of Macao shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate. Article 4 Where different criteria for determining origin are laid down for products falling within the same category, certificates or declarations of origin shall contain a sufficiently detailed description of the goods to enable the criterion to be determined on the basis of which the certificate was issued or the declaration drawn up. Article 5 The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the product shall not ipso facto cast doubt upon the statements in the certificate. TITLE III DOUBLE-CHECKING SYSTEM FOR CATEGORIES OF PRODUCTS WITH QUANTITATIVE LIMITS Section I Exportation Article 6 The competent authorities of Macao shall issue an export licence in respect of all consignments from Macao of textile products referred to in Annex II, up to the relevant quantitative limits as may be modified by Articles 6,13 and 14 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Articles 7 and 8 of the Agreement. Article 7 1. The export licence shall conform to the model annexed to this Protocol. It must certify inter alia that the quantity of the product in question has been set off against the quantitative limit prescribed for the category of the product in question. 2. Each export licence shall only cover one of the categories of products listed in Annex II of this Agreement. It may be used for one or more consignments of the products in question. Article 8 The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued. Article 9 1. Exports shall be set off against the quantitative limits established for the year in which shipment of the goods has been effected, even if the export certificate is issued after such shipment. 2. For the purposes of applying paragraph 1, shipment of the goods is considered to have taken place on the date of their loading on to the exporting aircraft, vehicle or vessel. Article 10 The presentation of an export licence, in application of Article 12 below, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Section II Importation Article 11 Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document. Article 12 1. The competent Community authorities shall issue such import authorization or document automatically within five working days of the presentation by the importer of the original of the corresponding export licence. The import authorization or document shall be valid for six months. The competent Community authorities shall cancel the already issued import authorization or document if the corresponding export licence has been withdrawn. However, if the competent Community authorities have not been notified about the withdrawal or cancellation of the export licence until after the product has been imported into the Community, the quantities involved shall be set off against the quantitative limit for the category and the quota year in question. Article 13 1. If the competent Community authorities find that the total quantities covered by export certificates issued by Macao for a particular category in any Agreement year exceed the quantitative limit established in Annex II for that category, as may be modified by Articles 6,13 and 14 of the Agreement, or any definitive or provisional limit established under Article 7 or 8 of the Agreement, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent Community authorities shall immediately inform the authorities of Macao and the special consultation procedure set out in Article 16 (1) of the Agreement shall be initiated forthwith. 2. Exports of Macao origin not covered by export licences issued in accordance with the provisions of this Protocol may be refused the issue of import authorizations or documents by the competent Community authorities. However, if the import of such products are allowed into the Community by the competent Community authorities, the quantities involved shall not be set off against the appropriate quantitative limits set out in Annex II or established as a result of the application of Articles 7 or 8 of the Agreement, without the express Agreement of Macao authorities save as provided for in Article 11 of the Where the competent authorities 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 outside the Community, the authorities concerned shall inform the Macao authorities within four weeks of the quantities involved and authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit established under this Agreement for the current or the following year. Article 6 1. In any one Agreement year advance use of a portion of the quantitative limit established for the following Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 16 (1) for each category of products except for categories 1, 2 and 3, between 1 and 5 % of the quantitative limit for the current Agreement year. Amounts delivered in advance shall be deducted from the corresponding quantitative limits established for the following Agreement year. 2. Carry-over to the corresponding quantitative limit for the following Agreement year of amounts not used during any one Agreement year may be agreed following consultations in accordance with the procedures referred to in Article 16 (1) for each category of product except for categories 1, 2 and 3, between 1 and 5 % of the quantitative limit for the current Agreement year. 3. Transfers in respect of categories in Group I shall not be made from any category except as follows: Transfers between categories 4,5,6,7 and 8 may be made for any Agreement year up to 3,5 % of the quantitative limit for the category to which the transfer is made. Transfers into any category in Groups II and III may be made from any category or categories in Groups I, II and III for any Agreement year up to 5 % of the quantitative limit for the category to which the transfer is made. 4. The table of equivalence applicable to the transfers referred to above is given in Annex I to this Agreement. 5. The increase in any category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 above during an Agreement year shall not exceed the following limits: >PIC FILE= "T0036568"> 6. Prior notification shall be given by the authorities of Macao in the event of recourse to the provisions of paragraphs 1,2 and 3 above. Article 7 1. Exports of textile products not listed in Annex II to this Agreement may be made subject to quantitative limits by Macao 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 of products in a given category not listed in Annex II originating in Macao exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates: >PIC FILE= "T0036569"> it may request the opening of consultations in accordance with the procedure described in Article 16 (1) of this Agreement, with a view to reaching agreement on a appropriate restraint level for the products in such category. The Community shall authorize the importation of products of the said category shipped from Macao before the date on which the request for consultations was submitted. 3. Pending a mutually satisfactory solution, Macao undertakes from the date of notification of the request for consultations to limit exports of the products in the category concerned to the Community or to the region or regions of the Community market specified by the Community for a provisional period of three months from the date on which the request for consultations is made. Such provisional limit shall be established at 25 % 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, or 25 % of the level resulting from the application of the formula set out in paragraph 2, whichever is the higher. However, in exceptionally grave circumstances, following a request by the Community, and pending a mutually satisfactory solution, Macao undertakes to suspend at the level indicated by the Community exports of the products in the category concerned to the Community or to the regions of the Community market specified by the Community. 4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 16 (1) of the Agreement, 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 16 (1), 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