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 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 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 that the Agreement is properly applied, the Community and Macao shall assist each other in checking the authenticity and accuracy of export licences and certificates of origin issued or declarations made under this Protocol. Article 19 Macao 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. 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 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 enquiry. 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 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. The information communicated shall indicate whether the disputed certificate or licence applied to the goods actually exported and whether these goods are eligible for export in accordance with the arrangements established by this Agreement. The information shall also include, at the request of the Community, copies of all documentation necessary to determine the facts fully and in particular the true origin of the goods. 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 Macao. 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 21 1. Where the verification procedure referred to in Article 20 or where information available to the Community or to Macao indicates or appears to indicate that the provisions of this Agreement are being contravened, both parties shall cooperate closely and with appropriate urgency to prevent such contravention. 2. To this end Macao shall on its own initiative or at the request of the Community, carry out appropriate enquiries 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. Macao 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 competent Community authorities and the competent Macao authorities, officials designated by the Community may be present at the enquiries referred to above. 4. In pursuance of the cooperation referred to in paragraph 1, Macao and the Community shall exchange any information 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 Macao and on trade in textile products of a kind covered by this Agreement between Macao 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 Macao and 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 contravened, Macao and the Community may agree to take such measures as
is disturbing existing commercial relations between importers in the Community and suppliers in Macao consultations shall be started promptly, in accordance with the procedure specified in Article 16 with a view to remedying this situation. Article 16 1. 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 fifteen 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 17 This 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 Macao. SECTION II Transitional and final provisions Article 18 1. 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 1990. 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 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, Protocols, Agreed Minutes, Joint Declarations and the Memorandum of Understanding to this Agreement 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, Portuguese ans 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. GROUP I A >PIC FILE= "T0050007"> >PIC FILE= "T0050008"> GROUP I B >PIC FILE= "T0050009"> GROUP II A >PIC FILE= "T0050010"> GROUP II B >PIC FILE= "T0050011"> >PIC FILE= "T0050012"> >PIC FILE= "T0050013"> >PIC FILE= "T0050014"> GROUP III A >PIC FILE= "T0050015"> >PIC FILE= "T0050016"> >PIC FILE= "T0050017"> >PIC FILE= "T0050018"> GROUP III B >PIC FILE= "T0050019"> >PIC FILE= "T0050020"> >PIC FILE= "T0050021"> >PIC FILE= "T0050022"> ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form COMMUNITY LIMITS >PIC FILE= "T0050023"> >PIC FILE= "T0050024"> this opportunity to renew to the Directorate-General for External Relations of the Commission of the European Communities the assurance of its highest consideration. Exchange of Notes The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Permanent Representation of Portugal to the European Communities and has the honour to refer to the Note of 19 July 1986 regarding the Agreement on trade in textile products between Macao and the Community initialled on 19 July 1986. The Directorate-General wishes to confirm that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1987. The Directorate-General for External Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Permanent Representation of Portugal to the European Communities the assurance of its highest consideration. Informação relativa ao Acordo entre a Comunidade e Macau sobre o comércio de produtos têxteis Nos termos do artigo 2º da decisão do Conselho de 11 de Dezembro de 1986 relativa à aplicação provisória do Acordo com Macau sobre o comércio de produtos têxteis, a Comissão comunicou ao Conselho o acordo formulado a este respeito por aquele país parceiro, em 19 de Dezembro de 1986. 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. GROUP I A >PIC FILE= "T0050007"> >PIC FILE= "T0050008"> GROUP I B >PIC FILE= "T0050009"> GROUP II A >PIC FILE= "T0050010"> GROUP II B >PIC FILE= "T0050011"> >PIC FILE= "T0050012"> >PIC FILE= "T0050013"> >PIC FILE= "T0050014"> GROUP III A >PIC FILE= "T0050015"> >PIC FILE= "T0050016"> >PIC FILE= "T0050017"> >PIC FILE= "T0050018"> GROUP III B >PIC FILE= "T0050019"> >PIC FILE= "T0050020"> >PIC FILE= "T0050021"> >PIC FILE= "T0050022"> ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form COMMUNITY LIMITS >PIC FILE= "T0050023"> >PIC FILE= "T0050024"> REGIONAL LIMITS >PIC FILE= "T0050025"> PROTOCOL A TITLE I CLASSIFICATION Article 1 1. The competent authorities of the Community undertake to inform Macao 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 Macao 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 ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form COMMUNITY LIMITS >PIC FILE= "T0050023"> >PIC FILE= "T0050024"> REGIONAL LIMITS >PIC FILE= "T0050025"> PROTOCOL A TITLE I CLASSIFICATION Article 1 1. The competent authorities of the Community undertake to inform Macao 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 Macao 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 II ORIGIN Article 2 1. Products originating in Macao for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Macao origin conforming to the model annexed to this Protocol. 2. The certificate of origin shall be issued by the competent governmental authorities of Macao if the products in question 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 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 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. 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 7, 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 Article 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. 3. Where the conversion rate provided for in Annex II is applied the following note must be inserted in box 9 of the export certificate "conversion rate for garments of a commercial size not exceeding 130 cm is to be applied". Article 8 The competent Community authorities must be notified forthwith of the withdrawal or alteration of any export licence already issued. 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 whith the procedure referred to in Article 16, paragraph 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 make this necessary. 5. The limits introduced under paragraph 2 or paragraph 4 may in no case be lower than the level of imports of products in that category originating in Macao in 1986. 6. Quantitative limits may also be established by the Community on a regional basis in accordance with the provisions of Protocol C. 7. The annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol D. 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 or products originating in Macao. 9. In the event of the provisions of paragraph 2, 3 or 4 being applied, Macao 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. 10. Up to the date of communication of the statistics referred to in Article 9 (6), the provisions of paragraph 2 of this Article shall apply 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 9 1. Macao undertakes to supply the Community with precise statistical information on all export licences issued by the Macao authorities for all categories of textile products subject to the quantitative limits established under this Agreement. The Community shall likewise supply the Macao authorities precise statistical information on import authorizations or documents issued by the Community authorities in respect of export licences and certificates issued by Macao. 2. The information referred to in paragraph 1 shall, for all categories of products, be forwarded before the end of the second month following the quarter to which the statistics relate. 3. Macao also undertakes to supply the Community with available statistical information on all textile exports by country of destination. The Community shall supply the Macao authorities with import statistics for all products covered by the system of administrative control referred to in Article 8 (2) and for products covered by Article 6 (1). 4. The information referred to in paragraph 3 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 16. 6. For the purpose of applying the provisions of Article 8, the Community undertakes to provide the Macao 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 10 1. Should there be divergent opinions between Macao and the competent Community authorities at the point of entry into the Community on the classification of products covered by this Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 16 with a view to reaching agreement on definitive classification of the product concerned. 2. If the above provisional classification results in provisional debit against a quantitative limit for a category of products other than the category indicated on the export documents issued by the competent Macao authorities, the Community shall inform Macao of such provisional debit within 30 days. 3. The authorities of Macao shall be informed of any amendment to the tariff and statistical nomenclatures 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 11 1. Macao and the Community agree to cooperate fully in preventing the circumvention of this 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