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 fall in total imports into the Community, and not as a result of an increase in exports or products originating in Singapore.9. In the event of the provisions of paragraph 2, 3 or 4 being applied, Singapore undertakes to issue export licencesfor 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 91. Singapore shall supply the Community with precise statistical information on all export certificates issued by the Singapore authorities for all categories of textile products subject to the quantitative limits established under this Agreement.The Community shall likewise supply the Singapore authorities precise statistical information on import authorizations or documents issued by the Community authorities in respect of export certificates issued by Singapore.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. The Community shall supply the Singapore authorities 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 Singapore 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.7. Singapore and the Community will on request and to extent possible exchange available statistical information on trade in textile products.Article 101. In case of divergent opinions between Singapore 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 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 Singapore authorities, the Community shall inform Singapore of such provisional debit within 30 days.3. The authorities of Singapore 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 111. Singapore and the Community agree to cooperate fully in preventing the circumvention of the present Agreement by transhipment, re-routeing 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 Singapore origin subject to quantitative limits established under this Agreement have been transhipped, re-routed 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, 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, Singapore 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
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 Singapore as follows: SG,- two letters identifying countries of destination as follows:BL : BeneluxDE : Federal Republic of GermanyDK : DenmarkES : SpainFR : FranceGB : United KingdomGR : GreeceIE : IrelandIT : 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 14The export certificate 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 151. In the event of theft, loss or destruction of an export certificate 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 so issued shall bear the endorsement 'duplicata'.2. The duplicate must bear the date of the original export certificate or certificate of origin.TITLE VADMINISTRATIVE COOPERATIONArticle 16The Community and Singapore 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 17In order to ensure that the Agreement is properly applied, the Community and Singapore shall assist each other in checking the authenticity and accuracy of export certificates and certificates of origin issued or declarations made under this Protocol.Article 18Singapore shall send the Commission of the European Communities the names and addresses of the governmental authorities competent for the issue and verification of export certificates and certificates of origin together with specimens of the stamps used by these authorities. Singapore shall also notify the Commission of any change in this information.Article 191. Subsequent verification of certificates of origin or export certificates shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate 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 certificate or a copy thereof to the competent governmental authority in Singapore 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 copies thereof. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificates 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 together with any other pertinent information.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 Singapore.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 201. Where the verification procedure referred to in Article 19 or where information available to the Community or to Singapore indicates or appears to indicate that the provisionsof this Agreement are being contravened, both parties shall cooperate closely and with appropriate urgency to prevent such contravention.2. To this end, appropriate inquiries shall be carried out, if necessary, concerning operations which are or appear to be in contravention of the Agreement. The results of these inquiries shall be communicated together with other pertinent information.3. By agreement between the Community and Singapore, officials designated by the Community may be present at the enquiries referred to in paragraph 2.4. In pursuance of the cooperation referred to paragraph 1, Singapore and the Community shall exchange anyinformation 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 Singapore and on trade in textile products of a kind covered by this Agreement between Singapore 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 Singapore 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 particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Singapore 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, Singapore 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) >POSIÇÃO NUMA TABELA>Annex to Protocol A, Article 7(1) >POSIÇÃO NUMA TABELA>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 Singapore;(b) garments or other textile articles of a kind traditionally made in the cottage industry of Singapore 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 Singapore made by hand in the cottage industry of Singapore 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 Singapore 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 Singapore 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 >POSIÇÃO NUMA TABELA>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 Group 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 Singapore.PROTOCOL E Re-imports in the sense of Article 4 paragraph 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 re-imports into the Community subject to the specific quantitative limits set out in the Annex to this Protocol, as may be modified by the application of paragraphs 2 and 3, shall be considered re-imports in the sense of Article 4, paragraph 2.2. Re-imports not covered by the Annex may be submitted to specific quantitative limits following consultations in accordance with the procedures set out in Article 16 of the Agreement, provided the products concerned are subject to the quantitative limits established under Annex II to the Agreement.3. The Community may, at its own discretion, and bearing in mind the interest of both parties, or in the 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 of portions of specific quantitative limits from one year to another;(b) consider the scope for reallocating portions of any specific quantitative limits not used in one region of the Community to another region.4. However the Community may automatically carry out the flexibilities in the sense of paragraph 3 up Avis juridique important|21987A0616(03)Acordo entre a Comunidade Económica Europeia e a República de Singapura sobre o comércio de produtos têxteis - Troca de notas Tradução não oficial Jornal Oficial nº L 156 de 16/06/1987 p. 0088 - 0126 L 329 28/11/1990 AGREEMENT between the European Economic Community and the Republic of Singapore on trade in textile products Done at Brussels on 28 June 1986.THE COUNCIL OF THE EUROPEAN COMMUNITIES,of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF SINGAPORE,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 the Republic of Singapore (hereinafter referred to as 'Singapore'),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 Singapore,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 THE REPUBLIC OF SINGAPORE:WHO HAVE AGREED AS FOLLOWS:SECTION ITrade arrangementsArticle 11. 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 21. This Agreement shall apply to trade in textile products of cotton, wool and man-made fibres originating in Singapore 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 Harmonised 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 Singapore 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 3Singapore 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 4Singapore and the Community recognize the special and differential character of re-imports of textile products into the Community after processing in Singapore.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 5Exports 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 61. 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 certificate issued by the Singapore 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 Singapore authorities within four weeks of the quantities involved and authorize imports of identical quantities of the same products, which shall not be set off against the quantitative limit established under this