Avis juridique important|21987A1009(02)Acordo entre a Comunidade Económica Europeia e Macau sobre o Comércio Internacional de Têxteis - Protocolo A - Protocolo B - Protocolo C - Protocolo D - Protocolo E - Protocolo F - Acta aprovada - Trocas de notas Jornal Oficial nº L 287 de 09/10/1987 p. 0047 - 0087
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. 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 licence is issued after such shipment. 2. For the purpose 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, 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. 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shall cancel the already issued import authorization or document if the corresponding export licence has been withdrawn.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 of 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 13 1. If the competent Community authorities find that the total quantities covered by export licences 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 7, 13 and 14 of the Agreement, or any definitive or provisional limit established under Article 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 of the Agreement shall be initiated forthwith. 2. Exports of Macao origin not covered by Macao 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 is 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 8 of the Agreement, without the express agreement of Macao and save as provided for in Article 11 of the Agreement. TITLE IV FORM AND PRODUCTION OF EXPORT LICENCES 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 ink and in block capitals. These documents shall measure 210 x 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 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 Macao as follows : MO, - two letter identifying countries of destination as follows: BL : Benelux DE : Federal Republic of Germany DK : Denmark ES : Spain FR : France GB : United Kingdom GR : Greece IE : Ireland IT : 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 15 The export licence and certificate of origin may be issued after the shipment of 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 under Annex II to theAgreement. 3. The Community may, at its own discretion, and bearing in mind the interest of both parties, or inthe framework of a request set out in Article 16 of the Agreement: (a) examine the possibilities of transfers between categories and advance use or carryover ofportions of specific quantitative limits from one year to another; (b) consider the scope for reallocating portions of any specific quantitative limits not used in oneregion of the Community to another region. 4. However the Community may automatically carry out the flexibilities in the sense of paragraph 3up to the following extent: (a) transfer between categories up to 20 % of the share established for the category to which thetransfer is made; (b) carryover of specific quantitative limits from one year to another up to 10,5 % of the share forthe year of actual utilization; (c) advance use of specific quantitative limits from one year to another up to 7,5 % of the share forthe year of actual utilization. 5. The Community shall inform Macao of any measures taken pursuant to the precedingparagraphs. 6. Debiting against a specific quantitative limit referred to in paragraph 1 shall be carried out by thecompetent authorities of the Community at the time of issuing the prior authorization provided forby the Community Regulation on economic outward processing, Regulation (EEC) No 636/82. Aspecific quantitative limit shall be debited for the year in which a prior authorization isissued. 7. A certificate of origin shall be issued for all products covered by the present Protocol by Macao inaccordance with the provisions of Protocol A of the Agreement, bearing a reference to the priorauthorization referred to in paragraph 6 as evidence that the processing operation described in theprior authorization has been carried out in Macao. 8. The Community shall provide Macao with the names, addresses and the specimens of stamps usedby the competent authorities of the Community for the issue of the prior authorizations referred toin paragraph 6. 9. Notwithstanding the provisions of paragraphs 1 to 8 above, Macao and the Community will continue to consult together to seek a mutually acceptable means to enable both parties to take advantage of the OPT provisions in the Agreement with a view to effective development of trade in textiles between Macao and the Community. Annex to Protocol E OPT QUANTITATIVE LIMITS For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form >PIC FILE= "T0050029"> PROTOCOL F The Community and Macao agree that if the Multifibre Arrangement is extended for a period going beyond 31 December 1990 then the present Agreement will be automatically prolonged for a further period of one year up to 31 December 1991 in accordance with the economic and technical terms of the existing Agreement, with the adaptations strictly necessary for the application of the Agreement for the fifth year. Agreed Minute In the context of the Agreement between the Community and Macao on trade in textile products initialled on 19 July 1986, it was agreed that advance use of a portion of the quantitative limits for 1987 for each Group I category of products is authorized up to 2 % and for each Group II and III category of products up to 3 % of the corresponding quantitative limit for 1986. It was further agreed that carryover to the quantitative limits for the year 1987 for each Group I category of products is authorized up to 3 % and for each Group II and III category of products up to 4 % of the corresponding quantitative limit for 1987. Head of Delegation of Macao Head of Delegation of the European Economic Community Exchange of Notes The Permanent Representation of Portugal to the European Communities presents its compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Agreement on trade in textile products between Macao and the Community initialled on 19 July 1986. The Permanent Representation wishes to inform the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Agreement, the Government of Macao is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1987 if the Community is disposed to do likewise. The Permanent Representation would be grateful if the Community would confirm its agreement to the foregoing. The Permanent Representation of Portugal to the European Communities avails itself of 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 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. 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 of 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 13 1. If the competent Community authorities find that the total quantities covered by export licences 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 7, 13 and 14 of the Agreement, or any definitive or provisional limit established under Article 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 of the Agreement shall be initiated forthwith. 2. Exports of Macao origin not covered by Macao 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 is 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 8 of the Agreement, without the express agreement of Macao and save as provided for in Article 11 of the Agreement. TITLE IV FORM AND PRODUCTION OF EXPORT LICENCES 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 ink and in block capitals. These documents shall measure 210 x 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 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 Macao as follows : MO, - two letter identifying countries of destination as follows: BL : Benelux DE : Federal Republic of Germany DK : Denmark ES : Spain FR : France GB : United Kingdom GR : Greece IE : Ireland IT : Italy PT : 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 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