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
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 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 Community undertakes to examine with care and to reply within four weeks to any request made by Bulgaria for such reallocation. In the event of any reallocation the flexibility provisions set out in Article 4 shall continue to be applicable to the levels of the original allocation. 3. After the first of June of each year of application of the Agreement, Bulgaria may transfer, subject to prior notification to the Community, unused quantities within the regional quota-shares of a Community quantitative limit, set out in Annex II, to the quota-shares of the same limit of other regions of the Community provided that the regional quota-share from which the transfer is made is utilized by less than 80 %, and up to the amount of the following percentages of the quota-share to which the transfer is made: 2 % in the first year of application of the Agreement, 4 % in the second year of application of the Agreement, 8 % in the third year of application of the Agreement, 12 % in the fourth year of application of the Agreement. 4. Should it appear in any given region of the Community that additional supplies are required, the Community may, where measures taken pursuant to paragraph 1 above are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II. Article 141. The special consultation procedures referred to in this Agreement other than those referred to in paragraph 2 of this Article, shall be governed by the following rules: - any request for consultations shall be notified in writing to the other Party, - where appropriate, the request for consultations shall be followed within a reasonable period (and in any case not later than 15 days following the notification) by a report setting out the 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 of notification of the request at the latest, with a view to reaching agreement or a mutually acceptable conclusion within one further month at the latest, - the period of one month referred to above for the purpose of reaching agreement or a mutually acceptable conclusion may be extended by common accord. 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 due to a sharp and substantial increase, by comparison to the preceding year, in imports of a given category of Group 1 subject to the quantitative limits set out in Annex II. 3. At the request of either of the Parties, consultations shall be held on any problems arising from the application of this Agreement. Any consultations held under this Article shall take place in a spirit of cooperation and with a desire to reconcile the differences between the two Parties. Article 151. Bulgaria and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocol Aand B. 2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and Bulgaria. 3. Should either Party find that the application of this Agreement is disturbing existing commercial relations between importers in the Community and suppliers in Bulgaria consultations shall be started promptly, in accordance with the procedure specified in Article 14, with a view to remedying this situation. Article 16This Agreement shall apply, on the one hand, to the territories in 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 the People's Republic of Bulgaria. Article 171. This Agreement enters into force on the first day of the month following its signature. It shall be applicable until31 December 1990. 2. This Agreement shall apply with effect from 1 January 1987. 3. Either Party may at any time propose amendments to this Agreement. 4. Either Party may at any time denounce this Agreement, provided that at least 90 days' notice is given. In the latter event the Agreement shall come to an end on the expiry of the period of notice. 5. The Annexes and Protocols, as, well as Exchanges of Letters, Agreed Minute and Joint Declarations attached to this 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: 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 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