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 delivered in advance shall be deducted from the quantitative limits established for the following year. 2. Carryover to the corresponding quantitative limit for the following year of amounts not used during any given yearshall be authorized up to 7 % of the quantitative limit for the current year. 3. In the case of Group I, transfers shall be allowed only in the following cases: - amounts may be transferred between categories 2 and 3 up to 4 % of the quantitative limit for the category to which the transfer is made, - amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 4 % of the quantitative limit for the category to which the transfer is made. Amounts may be transferred to any category in Group II or III from any category in Group I, II or III, 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. 5. The increase in any given category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 during a single year must not exceed the following limits: - 13 % for categories of products in Group I, - 13,5 % for categories of products in Groups II and III. 6. Prior notification must be given by the Bulgarian authorities to the Community of any recourse to the provisions of paragraphs 1, 2 and 3 above. Article 51. Should the Community consider that a textile product covered by this Agreement is being imported into the Community from Bulgaria at a price abnormally lower than the normal competitive level and is for this reason causing or threatening to cause serious injury to Community producers of like or directly competing products, it may request consultations with Bulgaria, and in that event the following specific provisions shall be applicable. 2. Consultations shall be held at the request of the Community in order to ascertain whether the situation described in paragraph 1 exists. If agreement is reached as to the existence of such a situation, Bulgaria shall take the necessary steps to remedy it. 3. If the consultations referred to above fail to produce agreement within 30 days of the Community's request forsuch consultations, and should consignments of the product in question continue to be sent at prices which are lower than the range of prices charged under normal conditions of competition, and for this reason cause or threaten to cause serious injury to the Community producers referred toin paragraph 1, the Community, while continuing consultations with a view to reaching a mutually acceptable solution, may refuse to import the said consignments. Such action may be continued only for as long as is strictly necessary to prevent or remedy the situation. 4. In critical circumstances, where imports of specific textile products at prices below the range of prices charged under normal conditions of competition could cause injury which it would be difficult to repair, the Community may temporarily refuse to import the said products pending agreement on a solution in the course of consultations. Such consultations shall be opened without delay, and in any case within five days of the request by the Community, with a view to reaching a mutually acceptable solution. The two Parties shall do their utmost to reach a mutually acceptable solution within five days of the opening of such consultations. 5. For the purposes of applying the provisions of this Article, in order to determine whether the price of a textile product is 'below the range of prices charged under normal conditions of competition', it may be compared with: - the prices of like products at a comparable marketing stage on the market of the importing country, and- the prices generally charged for such products sold under normal market conditions by other exporting countries on the market of the importing country, and- the lowest prices charged for such products sold under normal market conditions by any other exporting country in the three months preceding the request for consultations, and not having led to the adoption of any measure by the Community. 6. Bulgaria may request consultations at any time with a view to examining such difficulties as may arise from the application of the provisions of this Article. SECTION IIAdministration of the AgreementArticle 61. Exports of textile products covered by this Agreement which are subject to quantitative limits shall be subject to a double-checking system, the details of which are specified 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.
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 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 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 them shall be kept for at least a period of three years by the competent governmental authority in Bulgaria. 6. 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 211. Where the verification procedure referred to in Article 20 or where information available to the Community or to Bulgaria indicates or appears to indicate that the provisions of this Agreement are being contravened, both parties shall cooperate closely and with the appropriate urgency to prevent such contravention. 2. To this end, Bulgaria shall, on its own initiative or at the request of the Community, carry out appropriateenquiries or arrange for such enquiries to be carried out concerning operations which are or appear to the Community to be in contravention of this Agreement. Bulgaria shall communicate the results of these enquiries to the Community together with any other pertinent information enabling the true origin of the goods to be determined. 3. By agreement between the Community and Bulgaria officials designated by the Community may be present at the enquiries referred to in paragraph 2. 4. In pursuance of the cooperation referred to in paragraph 1, Bulgaria and the Community shall exchange any information considered by either partner to be of use in preventing the contravention of the provisions of this Agreement. These exchanges may include information on textile production in Bulgaria and on trade in textile products of a kind covered by this Agreement between Bulgaria 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 Bulgaria prior to their importation into the Community. This information may include at the request of the Community copies of available relevant documentation. 5. Where it is established that the provisions of this Agreement have been contravened, Bulgaria and the Community may agree to take such measures as are necessary to prevent a recurrence of such contravention. SPA:L333UMBE09.95FF: 3UEN; SETUP: 01; Hoehe: 1850 mm; 336 Zeilen; 15464 Zeichen; Bediener: HELM Pr.: C; Kunde: ................................ PROTOCOL B 1. The exemption provided for in Article 3 (1) of the Agreement in respect of cottage industry products shall apply only to the following products: (a) fabrics woven on hand- or foot-operated looms, being fabrics of a kind traditionally made in the cottage industry of Bulgaria; (b)garments or other textile articles of a kind traditionally made in the cottage industry of Bulgaria obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine; (c)traditional folklore textile products made by hand in the cottage industry of Bulgaria as defined in a list to be agreed between both Parties. Exemption shall be granted only for products accompanied by a certificate issued by the competent Bulgarian authorities in accordance with the model annexed to this Protocol. Such certificates must state the grounds on which exemption is based and shall be accepted by the competent Community authorities provided that they are satisfied that the products concerned conform to the conditions set out in this Protocol. Certificates for the products referred to in paragraph (c) must be clearly marked 'FOLKLORE'. In the event of a difference of opinion between Bulgaria and the competent Community authorities at the point of entry into the Community concerning the nature of products, consultation shall be held within a month in order to settle the difference. Should imports of any of the above products reach such proportions as to cause difficulties to the Community, the two Parties shall open consultations forthwith in accordance with the procedure laid down in Article 14 of the Agreement with a view to finding a quantitative solution to the problem. 2. The provisions of Titles IV and V of Protocol A shall be applied mutatis mutandis to the products referred to in paragraph 1.SPA:L333UMBE10.94FF: 3UEN; SETUP: 01; Hoehe: 254 mm; 28 Zeilen; 1934 Zeichen; Bediener: HELM Pr.: C; Kunde: 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 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