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 products of Macao origin subject to quantitative limits established 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 16 (1), 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, Macao 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 16, 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 Macao origin. Article 12 1. Macao shall endeavour to ensure that exports of textile products subject to quantitative limits are spaced out as evenly as possible over an Agreement year, due account being taken, in particular, of seasonal factors. 2. Should there be an excessive concentration of imports on any product within a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 16 of this Agreement with a view to remedying this situation. Article 13 Should recourse be had to the denunciation provisions of Article 18 (4), the quantitative limits established in Annex II shall be adapted on a pro rata basis. Article 14 1. For the purpose of the administration of this Agreement, the limits referred to in Article 3 are broken down by the Community into shares for each of its Member States. 2. Portions of the quantitative limits established in Annex II not used in one Member State of the Community may be reallocated to another Member State in accordance with the procedures in force in the Community. The Community undertakes to examine with care and reply within four weeks to any request made for reallocation by Macao. In the event of agreement on such reallocation, the flexibility provisions set out in Article 7 shall continue to be applicable to the levels of the original allocation. If, in the course of the application of this Agreement, Macao finds that the break-down of a limit established in Annex II causes particular difficulties, it may request the opening of consultations in accordance with Article 16 with a view to reaching a mutually satisfactory solution. 3. After the first of June of each year of application of the Agreement, Macao may transfer, subject to prior notification to the Community, the unused quantities of 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 utilised by less than 80 %, and up to the amount of the following percentages of the quota-share to which the transfer is made: - 1 % in the first year of the application of the Agreement, - 2 % in the second year of the application of the Agreement, - 4 % in the third year of the application of the Agreement, - 6 % in the fourth year of the 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 are inadequate to cover those requirements, authorize the importation of amounts greater than those stipulated in Annex II. Article 15 1. Macao and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocol A. 2. In implementing this Agreement, the Contracting Parties shall take care to maintain the traditional commercial practices and trade flows between the Community and Macao. 3. Should either Party find that the application of this Agreement 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:
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 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 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 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 are necessary to prevent a recurrence of such contravention. Annex to Protocol A, Article 2 (1) >PIC FILE= "T0050026"> Annex to Protocol A, Article 7 (1) >PIC FILE= "T0050027"> PROTOCOL B 1. The exemption provided for in Article 5 of the Agreement in respect of cottage industry products shall apply only to the following products: (a) fabrics woven on hand- or foot-operated looms, being fabrics of a kind traditionally made in the cottage industry of Macao; (b) garments or other textile articles of a kind traditionally made in the cottage industry of Macao obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine; (c) traditional folklore textile products of Macao made by hand in the cottage industry of Macao as defined in a list to be agreed between both parties. Exemption shall be granted only for products accompanied by a certificate issued by the competent Macao authorities in accordance with the specimen annexed to this Protocol. Such certificates shall state the ground on which exemption is based and shall be accepted by the competent Community authorities provided that they are satisfied that the products concerned conform to the conditions set out in this Protocol. Certificates covering the products referred to in paragraph (c) above shall bear a conspicuous stamp : "FOLKLORE". In case of divergent opinion between Macao and the competent Community authorities at the point of entry into the Community as to the nature of such products, consultations shall be held within one month with a view to resolving such divergences. Should imports of any of the above products reach such proportions as to cause difficulties to the Community, the two Parties shall open consultations forthwith in accordance with the procedure laid down in Article 16 of the Agreement with a view to finding a quantitative solution to the problem. 2. The provisions of Title IV and V of Protocol A shall apply "mutatis mutandis" to the products referred to in paragraph 1 of this Protocol. Annex to Protocol B >PIC FILE= "T0050028"> PROTOCOL C Under Article 8 (6) of the Agreement, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community in relation to the amounts determined in accordance with paragraph 2 of the said Article 8 exceed the following regional percentage: Germany 25,5 % Benelux 9,5 % France 16,5 % Italy 13,5 % Denmark 2,7 % Ireland 0,8 % United Kingdom 21,0 % Greece 1,5 % Spain 7,5 % Portugal 1,5 %. PROTOCOL D The annual growth rate for the quantitative limits introduced under Article 8 of the Agreement shall be determined as follows: for products in categories falling within Groups I, II, III, the growth rate shall be fixed by Agreement between the Parties in accordance with the consultation procedure established in Article 16 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 Macao. PROTOCOL E Reimports in the sense of Article 4 (2) of this Agreement into the Community of products listed in the Annex to this Protocol shall be subject to the provisions of the Agreement except as specifically provided for by the particular provisions set out below: 1. Only reimports into the Community subject to the specific quantitative limits set out in the Annexto this Protocol, as may be modified by the application of paragraphs 2 and 3, shall be consideredreimports in the sense of Article 4 (2). 2. Reimports not covered by the Annex may be submitted to specific quantitative limits followingconsultations in accordance with the procedures set out in Article 16 of the Agreement, providedthe products concerned are subject to the quantitative limits established 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 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.