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
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 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: 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. Article 9 1. 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 export licence is issued after such shipment. 2. For the purpose 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 10 The presentation of an export licence, in application of Article 12, 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 II Importation Article 11 Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document. Article 12 1. The competent Community authorities shall issue such import authorization or document 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 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 ofportions of specific quantitative limits from one year to another; (b) consider the scope for reallocating portions of any specific quantitative limits not used in oneregion of the Community to another region. 4. However the Community may automatically carry out the flexibilities in the sense of paragraph 3up to the following extent: (a) transfer between categories up to 20 % of the share established for the category to which thetransfer is made; (b) carryover of specific quantitative limits from one year to another up to 10,5 % of the share forthe year of actual utilization; (c) advance use of specific quantitative limits from one year to another up to 7,5 % of the share forthe year of actual utilization. 5. The Community shall inform Macao of 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