Avis juridique important|21987A0616(03)Acordo entre a Comunidade Económica Europeia e a República de Singapura sobre o comércio de produtos têxteis - Troca de notas Tradução não oficial Jornal Oficial nº L 156 de 16/06/1987 p. 0088 - 0126 L 329 28/11/1990
territories within which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Singapore.SECTION IITransitional and final provisionsArticle 181. This Agreement shall enter into force on the first day of the month following the date of its signature. It shall be applicable until 31 December 1991.2. This Agreement shall apply with effect from 1 January 1987.3. 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 120 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, Protocols and Agreed Minutes and the Letters to this Agreement shall form an integral part thereof.Article 19This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each of these texts being equally authentic.ANNEX I LIST OF PRODUCTS 1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned these products are to be taken to be made exclusively of wool or of fine animal hair, of cotton or of man-made fibres.2. Garments which are not recognizable as being garments for men or boys or as garments for women or girls are classified with the latter.3. Where the expression 'babies' garments' is used, this is meant also to cover girls' garments up to and including commercial size 86.>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>>POSIÇÃO NUMA TABELA>ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form. >POSIÇÃO NUMA TABELA>PROTOCOL A TITLE ICLASSIFICATIONArticle I1. The competent authorities of the Community undertake to inform Singapore of any changes in the tariff and statistical nomenclatures before the date of their entry into effect in the Community.2. The competent authorities of the Community undertake to inform Singapore of any decisions relating to the classification of products subject to the 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 and the related tariff and statistical references;(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 Agreement, the competent authorities of the Community shall provide 30 days notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of application 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 Agreement affects a category subject to restraint, the two parties agree to enter into consultations in accordance with the procedures described in Article 16 (1) of the Agreement with a view to honouring the obligation under the second subparagraph of Article 10 (3) of the Agreement.TITLE IIORIGINArticle 21. Products originating in Singapore for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Singapore origin conforming to the model annexed to this Protocol.2. The certificate of origin shall be issued by the competent governmental authorities of Singapore if the products inquestion can be considered products originating in that country within the meaning of the relevant rules in force in the Community.3. 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 3Where 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 4The 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 IIIDOUBLE-CHECKING SYSTEM FOR CATEGORIES OF PRODUCTS WITH QUANTITATIVE background. This copy shall be clearly marked 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 export 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 Singapore as follows: SG,- two letters identifying countries of destination as follows:BL : BeneluxDE : Federal Republic of GermanyDK : DenmarkES : SpainFR : FranceGB : United KingdomGR : GreeceIE : IrelandIT : ItalyPT : Portugal- a one-digit number identifying quota year, corresponding to the last figure in year, e.g. 7 for 1987,- 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 14The export certificate 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 'délivré a posteriori' or the endorsement 'issued retrospectively'.Article 151. In the event of theft, loss or destruction of an export certificate 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 so issued shall bear the endorsement 'duplicata'.2. The duplicate must bear the date of the original export certificate or certificate of origin.TITLE VADMINISTRATIVE COOPERATIONArticle 16The Community and Singapore 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 17In order to ensure that the Agreement is properly applied, the Community and Singapore shall assist each other in checking the authenticity and accuracy of export certificates and certificates of origin issued or declarations made under this Protocol.Article 18Singapore shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export certificates and certificates of origin together with specimens of the stamps used by these authorities. Singapore shall also notify the Commission of any change in this information.Article 191. Subsequent verification of certificates of origin or export certificates shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or as to 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 certificate or a copy thereof to the competent governmental authority in Singapore giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or copies thereof. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificates are inaccurate.3. 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 together with any other pertinent information.4. 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 for at least two years by the competent governmental authority in Singapore.5. Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for home use of the products in question.Article 201. Where the verification procedure referred to in Article 19 or where information available to the Community or to Singapore indicates or appears to indicate that the provisionsof this Agreement are being contravened, both parties shall cooperate closely and with appropriate urgency to prevent such contravention.2. To this end, appropriate inquiries shall be carried out, if necessary, concerning operations which are or appear to be in contravention of the Agreement. The results of these inquiries shall be communicated together with other pertinent information.3. By agreement between the Community and Singapore, officials designated by the Community may be present at the enquiries referred to in paragraph 2.4. In pursuance of the cooperation referred to paragraph 1, Singapore and the Community shall exchange anyinformation considered by either party to be of use in preventing the contravention of the provisions of the Agreement. These exchanges may include information on textile production in Singapore and on trade in textile products of a kind covered by this Agreement between Singapore and other countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Singapore prior to their importation into the Community. This information shall include at the request of the Community copies of all relevant documentation.5. Where it is established that the provisions of this Agreement have been or for the following year if the quota for the current year is exhausted, where clear evidence of circumvention is provided.4. Should the parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 16, the Community shall have the right, where clear evidence of circumvention has been provided, to deduct from the quantitative limits established under this Agreement amounts equivalent to the products of Singapore origin.Article 12Singapore shall endeavour to ensure that exports of textile products subject to quantitative limits are spaced out as evenly as possible over an Agreement year, due account being taken, in particular, of seasonal factors.Article 13Should recourse be had to the denunciation provisions of Article 18 (4), the quantitative limits established in Annex II shall be adapted on a pro rata basis. Article 141. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down by the Community into shares for each of its Member States.2. Portions of the quantitative limits established in Annex II not used in one Member State of the Community may be reallocated to another Member State in accordance with the procedures in force in the Community.The Community undertakes to examine with care and reply within four weeks to any request made for reallocation by Singapore. In the event of agreement on such reallocation, the flexibility provisions set out in Article 7 shall continue to be applicable to the levels of the original allocation.If, in the course of the application of this Agreement, Singapore finds that the break-down of a limit established in Annex II causes particular difficulties, it may request the opening of consultations in accordance with Article 16 with a view to reaching a mutually satisfactory solution.3. After the first of June of each year of application of the Agreement, Singapore may transfer, subject to prior notification to the Community, the unused quantities of the regional quota-shares of a Community quantitative limit, set out in Annex II, to the quota-shares of the same limit of other regions of the Community provided that the regional quota-share from which the transfer is made is utilized by less than 80 %, and up to the amount of the followingpercentages of the quota-share to which the transfer is made:- 2 %in the first year of the application of the Agreement,- 4 % in the second year of the application of the Agreement,- 8 % in the third year of the application of the Agreement,- 12 % in the fourth year of the application of the Agreement.4. Should it appear in any given region of the Community that additional supplies are required, the Community may, where measures taken pursuant to paragraph 1 are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II.Article 151. Singapore and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocols A and B.2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and Singapore.3. Should either Party find that the application of this Agreement is disturbing existing commercial relations between importers in the Community and suppliers in Singapore consultations shall be started promptly, in accordance with the procedure specified in Article 16, with a view to remedying this situation.Article 161. The special consultation procedures referred to in this Agreement shall be governed by the following rules:- any request for consultations shall be notified in writing to the other Party,- the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a statement setting out the reasons and circumstances which, in the opinion of the requesting Party, justify the submission of such a request,- the parties shall enter into consultations within one month at the latest of notification of the request, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest.2. The Community may request consultations in accordance with paragraph 1 when it ascertains that during a particular year of application of the Agreement difficulties arise in the Community or one of its regions from a sharp and substantial increase, by comparison to the preceding year, in imports of a given category of Group I subject to the quantitative limits set out in Annex II.3. If necessary, at the request of either of the Parties and in conformity with the provisions of the Geneva Arrangement, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.Article 17This Agreement shall apply, on the one hand, to the territories within which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Singapore.SECTION IITransitional and final provisionsArticle 181. This Agreement shall enter into force on the first day of the month following the date of AGREEMENT between the European Economic Community and the Republic of Singapore on trade in textile products Done at Brussels on 28 June 1986.THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF SINGAPORE,of the other part,DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as 'the Community') and the Republic of Singapore (hereinafter referred to as 'Singapore'),RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile industry in both importing and exporting countries, and in particular, to eliminate real risks of market disruption on the market of the Community and real risks of disruption to the textile trade of Singapore,HAVING REGARD to the Arrangement regarding International Trade in Textiles (hereinafter referred to as 'the Geneva Arrangement'), and in particular Article 4 thereof; and to the conditions set out in the Protocol extending the Arrangement,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 REPUBLIC OF SINGAPORE:WHO HAVE AGREED AS FOLLOWS:SECTION ITrade arrangementsArticle 11. The Parties recognize and confirm that, subject to the provisions of this Agreement and without prejudice to their rights and obligations under the General Agreement on Tariffs and Trade, the conduct of their mutual trade in textile products shall be governed by the provisions of the Geneva Arrangement.2. In respect of the products covered by this Agreement, the Community undertakes not to introduce quantitative restrictions under Article XIX of the General Agreement on Tariffs and Trade or Article 3 of the Geneva Arrangement.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 21. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres originating in Singapore 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 Member States (NIMEXE).From the entry into force of the International Convention on the Harmonised 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 Singapore 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 3Singapore agrees for each Agreement year to restrain its exports to the Community of the products described in Annex II to the limits set out therein.Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A.Article 4Singapore and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in Singapore.Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits set out in Annex II when they are subject to the specific arrangements laid down in Protocol E.Article 5Exports of cottage industry fabrics woven on hand- or foot-operated looms, garments or other articles obtained 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.Article 61. 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 outside the Community in the same state or after processing, within the framework of 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 certificate issued by the Singapore authorities, and to proof of origin in accordance with the provisions of Protocol A.2. Where the Community 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 Singapore 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