The competent governmental authorities of Bulgaria 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 4Where 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 5The 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 LIMITSSection IExportationArticle 6The competent authorities of Bulgaria shall issue an export licence in respect of all consignments from Bulgaria of textile products referred to in Annex II, up to the relevantquantitative limits as may be modified by Articles 4, 11 and 13 of the Agreement and of textile products subject to any definitive or provisional quantitative limits established as a result of the application of Article 7 of the Agreement. Article 71. 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 the Agreement. It may be used for one or more consignments of the products in question. Article 8The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued. Article 91. 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 exports licence 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 10The 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 IIImportationArticle 11Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document. Article 121. The competent Community authorities shall issue the import authorization or document referred to in Article 11within 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. 2. 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 products have 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 131. If the competent Community authorities find that the total quantities covered by export licences issued by Bulgaria 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 4, 11 and 13 of the Agreement, or any definitive or provisional limit established under Article 7 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 Bulgaria and the special consultation procedure set out in Article 14 of the Agreement shall be initiated forthwith. 2. Exports of Bulgarian origin not covered by Bulgarian 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, without prejudice to Article 8 of the Agreement, 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 Article 7 of the Agreement, without the express agreement of Bulgaria. TITLE IVFORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONSArticle 141. 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 measure 210 × 297 mm. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less
Agreement shall form an integral part thereof. Article 18This Agreement shall be drawn up in two copies in the Danish, Dutch, English, French, German, Italian, Greek, Spanish, Portuguese and Bulgarian languages, each of those texts being equally authentic. SPA:L333UMBE01.95FF: 3UEN; SETUP: 01; Hoehe: 2664 mm; 503 Zeilen; 25173 Zeichen; Bediener: HELM Pr.: C; Kunde: ................................ 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>9. 10. 87Official Journal of the European Communities>POSIÇÃO NUMA TABELA>9. 10. 87Official Journal of the European Communities>POSIÇÃO NUMA TABELA>9. 10. 87Official Journal of the European Communities>POSIÇÃO NUMA TABELA>9. 10. 87Official Journal of the European Communities>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>9. 10. 87Official Journal of the European Communities>POSIÇÃO NUMA TABELA> PROTOCOL A TITLE ICLASSIFICATIONArticle 11. The competent authorities of the Community undertake to inform Bulgaria 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 Bulgaria 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 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 Agreement affects a category subject to restraint, the two parties agree to enter into consultation in accordance with the procedures described in Article 14 of the Agreement with a view to honouring the obligation under the second subparagraph of Article 10 (2) of the Agreement. TITLE IIORIGINArticle 21. Products originating in Bulgaria for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Bulgarian origin conforming to the model annexed to this Protocol. 2. The certificate of origin shall be issued by the competent governmental authorities of Bulgaria if theproducts in question can be considered products originating in that country within the meaning of the relevant rules in force in the Community. 3. However, the products in Group III may be imported into the Community in accordance with the arrangements established by this Agreement on production of a declaration by the exporter on the invoice or other commercial document relating to the products to the effect that the products in question originate in Bulgaria within the meaning of the relevant rules in force in the Community. Article 3The 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 Bulgaria 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 4Where different criteria for determining origin are laid down for products falling within the same category, certificates or declarations 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 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 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 limits established under this Agreement. 3. Pending the result of the consultations referred to in paragraph 2, Bulgaria shall as a precautionary measure, if so requested by the Community, make the necessary arrangements to ensure that adjustments of quantitative limits liable to be agreed following the consultations referred to in paragraph 2, may be carried out for the quota year in which the request to open consultations in accordance with paragraph 2 was made, 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 14 of this Agreement, 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 Bulgarian origin. Article 91. Bulgaria shall supply the Community with precise statistical information on all export licences issued by the Bulgarian authorities for all categories of textile products subject to the quantitative limits established under this Agreement as well as on all certificates issued by the Bulgarian authorities for products referred to in Article 3 (1) and subject to the provisions of Protocol B. The Community shall likewise transmit to the Bulgarian authorities precise statistical information on import authorizations or documents issued by the competent Community authorities, in connection with the export licenses and certificates issued by Bulgaria. 2. The information referred to in paragraph 1 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate. 3. For the purpose of applying provisions of Article 8, the Community may ask Bulgaria to transmit available statistical information on textiles exports of products covered by this Agreement by country of destination. The Community shall transmit to the Bulgarian authorities import statistics for all products covered by the system of administrative control referred to in Article 7 (2) and for products covered by Article 3 (2). 4. The information referred to in paragraph 3 above shall, for all categories of products, be transmitted before the end of the third month following the quarter to which the statistics relate. 5. Should it be found on analysis of the information exchanged that there are significant discrepancies between the returns for exports and those for imports, consultations may be initiated in accordance with the procedure specified in Article 14. 6. For the purpose of applying the provisions of Article 7, the Community undertakes to provide the Bulgarian authorities before 15 April of each year with the preceding year's statistics on imports of all textile products covered by this Agreement, broken down by supplying country and Community Member State. Article 101. In case of divergent opinions between Bulgaria and the competent Community authorities at the point of entry into the Community on the classification of products covered by the present Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 14 with a view to reaching agreement on definitive classification of the product concerned. 2. The authorities of Bulgaria shall be informed of any amendment to the tariff and statistical nomenclature in force in the Community or any decision, made in accordance with the procedures in force in the Community, relating to the classification of products covered by this Agreement. Any amendment to the tariff and statistical nomenclatures in force in the Community or any decision which results in a modification of the classification of products covered by this Agreement shall not have the effect of reducing any quantitative limit established in Annex II. The procedures for the application of this paragraph are set out in Protocol A. Article 11Bulgaria shall endeavour to ensure that exports of textile products covered by this Agreement are spaced out as evenly as possible over the year, due account being taken nevertheless of seasonal factors. Should there be an excessive concentration of imports due to other than seasonal factors on any products belonging to a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 14 with a view to remedying this situation. Article 12In the event of denunciation of this Agreement as provided for in Article 17 (4), the quantitative limits established in Annex II shall be reduced on a pro rata basis. Article 131. For the purpose of the administration of this Agreement, the limits referred to in Article 2 are broken down by the Community into shares for each of its Member States. 2. Portions of the quantitative limits established inAnnex II not used in a Member State of the Community may be allocated to another Member State in accordance with the procedures in force in the Community. The