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.
AGREEMENT between the European Economic Community and Macao on trade in textile products Done at Brussels on 19 July 1986 THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, and THE GOVERNMENT OF MACAO, of the other part, DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as "the Community") and Macao, RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile industry in both importing and exporting countries, and in particular, to eliminate real risks of market disruption on the market of the Community and real risks of disruption to the textile trade of Macao, HAVING REGARD to the Arrangement regarding International Trade in Textiles (hereinafter referred to as "the Geneva Arrangement"), and in particular Article 4 thereof ; and to the conditions set out in the Protocol extending the Arrangement, HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries: THE COUNCIL OF THE EUROPEAN COMMUNITIES: THE GOVERNMENT OF MACAO: WHO HAVE AGREED AS FOLLOWS: SECTION I Trade arrangements Article 1 1. The parties recognize and confirm that, subject to the provisions of this Agreement and without prejudice to their rights and obligations under the General Agreement on Tariffs and Trade, the conduct of their mutual trade in textile products shall be governed by the provisions of the Geneva Arrangement. 2. In respect of the products covered by this Agreement, the Community undertakes not to introduce quantitative restrictions under Article XIX of the General Agreement on Tariffs and Trade or Article 3 of the Geneva Arrangement. 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 2 1. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres originating in Macao 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 Member States (NIMEXE). From the entry into force of the International Convention on 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 Macao 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 3 Macao agrees for each Agreement year to restrain its exports to the Community of the products described in Annex II to the limits set out therein. Exports of textile products set out in Annex II shall be subject to a double-checking system specified in Protocol A. Article 4 Macao and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in Macao. Provided that they are effected in accordance with the regulations on economic outward processing in force in the Community, these re-imports are not subject to the quantitative limits set out in Annex II when they are subject to the specific arrangements laid down in Protocol E. Article 5 Exports of cottage industry fabrics woven on hand- or foot-operated looms, garments or other articles obtained 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. Article 6 1. 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 outside the Community in the same state or after processing, within the framework of 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 Macao authorities, and to proof of origin in accordance with the provisions of Protocol A. 2. Where the Community authorities 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 outside the Community, the authorities concerned shall inform the Macao authorities within four weeks of 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. 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 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