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
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 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 growth rate of 3 % shall be fixed for the relevant products of category 3; (b)For products in categories falling within Groups II or III, the growth rate shall be fixed by agreement between the Parties in accordance with the consultation procedure established in Article 14 of the Agreement. Such growth rate may in no case be lower than the highest rate applied to corresponding products under bilateral agreements concluded under the Geneva Arrangement between the Community and other third countries having a level of trade equal to or comparable with that of Bulgaria. PROTOCOL D The Community and Bulgaria 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. JOINT DECLARATION The People's Republic of Bulgaria and the European Economic Community agree that carryover from the quantitative limits for the year 1986 of amounts not used during the year 1986 is authorized up to 7 % of the corresponding quantitative limits for 1987. Anticipation of a portion of quantitative limits for the year 1987 is authorized up to 5 % for any quantitative limit for the year 1986. Head of Delegation of thePeople's Republic of BulgariaHead of Delegation of theEuropean Economic CommunitySPA:L333UMBE11.95FF: 3UEN; SETUP: 01; Hoehe: 254 mm; 34 Zeilen; 1800 Zeichen; Bediener: HELM Pr.: C; Kunde: 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 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.