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



AGREEMENT between the European Economic Community and the People's Republic of Bulgaria on trade in textile products Done at Brussels on 11 July 1987 THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, and THE 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 I Trade arrangements Article 1 1. 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 2 1. 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 of products 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 3 1. 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 4 1. 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 delivered in advance shall be deducted from the quantitative limits established for the following year. 2. Carryover to the corresponding quantitative limit for the following year of amounts not used during any given year shall be authorized up to 7 % of the quantitative limit for the current year. 3. In the case of Group I, transfers shall be allowed only in the following cases: - amounts may be transferred between categories 2 and 3 up to 4 % of the quantitative limit for the category to which the transfer is made, - amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 4 % of the quantitative limit for the category to which the transfer is made. Amounts may be transferred to any category in Group II or III from any category in Group I, II or III, up to 5 % of the quantitative limit for the category to which the transfer is made. 4. The table of equivalence applicable to the transfers referred to above is given in Annex I. 5. The increase in any given category of products resulting from the cumulative application of the provisions in paragraphs 1, 2 and 3 during a single year must not exceed the following limits: - 13 % for categories of products in Group I, - 13,5 % for categories of products in Groups II and III. 6. Prior notification must be given by the Bulgarian authorities to the Community of any recourse to the provisions of paragraphs 1, 2 and 3 above. Article 5 1. Should the Community consider that a textile product covered by this Agreement is being imported into the Community from Bulgaria at a price abnormally lower than the normal competitive level and is for this reason causing or threatening to cause serious injury to Community producers of like or directly competing products, it may request consultations with Bulgaria, and in that event the following specific provisions shall be applicable. 2. Consultations shall be held at the request of the Community in order to ascertain whether the situation described in paragraph 1 exists. If agreement is reached as to the existence of such a situation, Bulgaria shall take the necessary steps to remedy it. 3. If the consultations referred to above fail to produce agreement within 30 days of the Community's request for such consultations, and should consignments of the product in question continue to be sent at prices which are lower than the range of prices charged under normal conditions of competition, and for this reason cause or threaten to cause serious injury to the Community producers referred to in paragraph 1, the Community, while continuing consultations with a view to reaching a mutually acceptable solution, may refuse to import the said consignments. Such action may be continued only for as long as is strictly necessary to prevent or remedy the situation. 4. In critical circumstances, where imports of specific textile products at prices below the range of prices charged under normal conditions of competition could cause injury which it would be difficult to repair, the Community may temporarily refuse to import the said products pending agreement on a solution in the course of consultations. Such consultations shall be opened without delay, and in any case within five days of the request by the Community, with a view to reaching a mutually acceptable solution. The two Parties shall do their utmost to reach a mutually acceptable solution within five days of the opening of such consultations. 5. For the purposes of applying the provisions of this Article, in order to determine whether the price of a textile product is 'below the range of prices charged under normal conditions of competition', it may be compared with: - the prices of like products at a comparable marketing stage on the market of the importing country, and - the prices generally charged for such products sold under normal market conditions by other exporting countries on the market of the importing country, and - the lowest prices charged for such products sold under normal market conditions by any other exporting country in the three months preceding the request for consultations, and not having led to the adoption of any measure by the Community. 6. Bulgaria may request consultations at any time with a view to examining such difficulties as may arise from the application of the provisions of this Article. SECTION II Administration of the Agreement Article 6 1. Exports of textile products covered by this Agreement which are subject to quantitative limits shall be subject to a double-checking system, the details of which are specified in Protocol A. 2. The competent authorities in the Member States are required to issue import authorizations or documents automatically within five working days of the submission of a request by an importer in accordance with Protocol A. The said import authorizations or documents shall be valid for six months. Article 7 1. Exports of textile products not subject to the quantitative limits established in Annex II may be made subject to quantitative limits on the conditions laid down in the following paragraphs. 2. Where the Community finds, under the system of administrative control set up, that the level of imports of products in a given category not listed in Annex II originating in Bulgaria exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates: - for categories of products in Group I: 0,4 %, - for categories of products in Group II: 2,4 %, - for categories of products in Group III: 8 %, it may request the opening of consultations in accordance with the procedure described in Article 14 of this Agreement, with a view to reaching agreement on an appropriate restraint level for the products in such category. 3. Pending a mutually satisfactory solution, Bulgaria undertakes, from the date of notification of the request for consultations, to suspend or limit at the level indicated by the Community exports of the category of products in question to the Community or to the region or regions of the Community market specified by the Community. The Community shall authorize the importation of products of the said category shipped from Bulgaria before the date on which the request for consultations was submitted. 4. Should the Parties be unable in the course of consultations to reach a satisfactory solution within the period specified in Article 14, the Community shall have the right to introduce a definitive quantitative limit at an 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 with the procedure referred to in Article 14 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 pursuant to paragraphs 2 or paragraph 4 may in no case be lower than the level of Community imports of products in that category originating in Bulgaria in 1985. 6. In accordance with the procedures set out in paragraphs 2 and 4, a quantitative limit may be fixed on a regional basis where imports of a given product into any region of the Community exceed the following regional percentages of the amounts determined as laid down in paragraph 2: Federal Republic of Germany25,5 %. Benelux9,5 %. France16,5 %. Italy13,5 %. Denmark2,7 %. Ireland0,8 %. United Kingdom21,0 %. Greece1,5 %. Spain7,5 %. Portugal1,5 %. 7. The annual growth rate for the quantitative limits introduced under this Article shall be determined in accordance with the provisions of Protocol C. 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 of products originating in Bulgaria. 9. In the event of the provisions of paragraph 2 or paragraph 4 being applied, Bulgaria 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 for the current year. 10. Up to the date on which the statistics referred to in Article 9 (6) are provided, the provisions of paragraph 2 of this Article shall be applied 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 8 1. Bulgaria and the Community agree to cooperate fully in preventing the circumvention of the present 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 Bulgarian 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 14 of this Agreement, 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, Bulgaria 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 14 of this Agreement, 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 Bulgarian origin. Article 9 1. Bulgaria shall supply the Community with precise statistical information on all export licences issued by the Bulgarian authorities for all categories of textile products subject to the quantitative limits established under this Agreement as well as on all certificates issued by the Bulgarian authorities for products referred to in Article 3 (1) and subject to the provisions of Protocol B. The Community shall likewise transmit to the Bulgarian authorities precise statistical information on import authorizations or documents issued by the competent Community authorities, in connection with the export licenses and certificates issued by Bulgaria. 2. The information referred to in paragraph 1 shall, for all categories of products, be transmitted before the end of the second month following the quarter to which the statistics relate. 3. For the purpose of applying provisions of Article 8, the Community may ask Bulgaria to transmit available statistical information on textiles exports of products covered by this Agreement by country of destination. The Community shall transmit to the Bulgarian authorities import statistics for all products covered by the system of administrative control referred to in Article 7 (2) and for products covered by Article 3 (2). 4. The information referred to in paragraph 3 above 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 14. 6. For the purpose of applying the provisions of Article 7, the Community undertakes to provide the Bulgarian 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. In case of divergent opinions between Bulgaria 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 14 with a view to reaching agreement on definitive classification of the product concerned. 2. The authorities of Bulgaria shall be informed of any amendment to the tariff and statistical nomenclature 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 Bulgaria shall endeavour to ensure that exports of textile products covered by this Agreement are spaced out as evenly as possible over the year, due account being taken nevertheless of seasonal factors. Should there be an excessive concentration of imports due to other than seasonal factors on any products belonging to a category subject to quantitative limits under this Agreement, the Community may request consultations in accordance with the procedure specified in Article 14 with a view to remedying this situation. Article 12 In the event of denunciation of this Agreement as provided for in Article 17 (4), the quantitative limits established in Annex II shall be reduced on a pro rata basis. Article 13 1. For the purpose of the administration of this Agreement, the limits referred 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 in Annex 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 14 1. 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 15 1. Bulgaria and the Community undertake to refrain from discrimination in the allocation of export licences and import authorizations or documents referred to in Protocol A and 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 16 This 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 17 1. This Agreement enters into force on the first day of the month following its signature. It shall be applicable until 31 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 18 This 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:L333UMBE01.95 FF: 3UEN; SETUP: 01; Hoehe: 2664 mm; 503 Zeilen; 25173 Zeichen; Bediener: HELM Pr.: C; Kunde: ................................ ANNEX I LIST OF PRODUCTS 1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned these products are to be taken to be made exclusively of wool or of fine animal hair, of cotton or of man-made fibres. 2. Garments which are not recognizable as being garments for men or boys or as garments for women or girls are classified with the latter. 3. Where the expression 'babies' garments' is used, this is meant also to cover girls' garments up to and including commercial size 86. >POSIÇÃO NUMA TABELA> >POSIÇÃO NUMA TABELA> 9. 10. 87 Official Journal of the European Communities >POSIÇÃO NUMA TABELA> 9. 10. 87 Official Journal of the European Communities >POSIÇÃO NUMA TABELA> 9. 10. 87 Official Journal of the European Communities >POSIÇÃO NUMA TABELA> 9. 10. 87 Official Journal of the European Communities >POSIÇÃO NUMA TABELA> ANNEX II For practical reasons the product descriptions used in Annex I are given in the present Annex in abbreviated form >POSIÇÃO NUMA TABELA> 9. 10. 87 Official Journal of the European Communities >POSIÇÃO NUMA TABELA> PROTOCOL A TITLE I CLASSIFICATION Article 1 1. The competent authorities of the Community undertake to inform Bulgaria 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 Bulgaria 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 entry into effect 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 consultation in accordance with the procedures described in Article 14 of the Agreement with a view to honouring the obligation under the second subparagraph of Article 10 (2) of the Agreement. TITLE II ORIGIN Article 2 1. Products originating in Bulgaria for export to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Bulgarian origin conforming to the model annexed to this Protocol. 2. The certificate of origin shall be issued by the competent governmental authorities of Bulgaria 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. However, the products in Group III may be imported into the Community in accordance with the arrangements established by this Agreement on production of a declaration by the exporter on the invoice or other commercial document relating to the products to the effect that the products in question originate in Bulgaria within the meaning of the relevant rules in force in the Community. 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 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 4 Where 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 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 Bulgaria shall issue an export licence in respect of all consignments from Bulgaria of textile products referred to in Annex II, up to the relevant quantitative 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 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 the Agreement. It may be used for one or more consignments of the products in question. 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 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 10 The 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 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 the import authorization or document referred to in Article 11 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 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 13 1. 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 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 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. 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 '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 = Benelux DK = Denmark DE = Federal Republic of Germany 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 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 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 'delivré 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 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 18 In 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 19 Bulgaria 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 20 1. 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 the request 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 them shall be kept for at least a period of three years by the competent governmental authority in Bulgaria. 6. 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 21 1. Where the verification procedure referred to in Article 20 or where information available to the Community or to Bulgaria indicates or appears to indicate that the provisions of this Agreement are being contravened, both parties shall cooperate closely and with the appropriate urgency to prevent such contravention. 2. To this end, Bulgaria shall, on its own initiative or at the request of the Community, carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to the Community to be in contravention of this Agreement. Bulgaria shall communicate the results of these enquiries to the Community together with any other pertinent information enabling the true origin of the goods to be determined. 3. By agreement between the Community and Bulgaria officials designated by the Community may be present at the enquiries referred to in paragraph 2. 4. In pursuance of the cooperation referred to in paragraph 1, Bulgaria and the Community shall exchange any information considered by either partner to be of use in preventing the contravention of the provisions of this Agreement. These exchanges may include information on textile production in Bulgaria and on trade in textile products of a kind covered by this Agreement between Bulgaria 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 Bulgaria prior to their importation into the Community. This information may include at the request of the Community copies of available relevant documentation. 5. Where it is established that the provisions of this Agreement have been contravened, Bulgaria and the Community may agree to take such measures as are necessary to prevent a recurrence of such contravention. SPA:L333UMBE09.95 FF: 3UEN; SETUP: 01; Hoehe: 1850 mm; 336 Zeilen; 15464 Zeichen; Bediener: HELM Pr.: C; Kunde: ................................ PROTOCOL B 1. The exemption provided for in Article 3 (1) 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 Bulgaria; (b) garments or other textile articles of a kind traditionally made in the cottage industry of Bulgaria obtained manually from the fabrics referred to above and sewn exclusively by hand without the aid of any machine; (c) traditional folklore textile products made by hand in the cottage industry of Bulgaria 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 Bulgarian authorities in accordance with the model annexed to this Protocol. Such certificates must state the grounds 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 for the products referred to in paragraph (c) must be clearly marked 'FOLKLORE'. In the event of a difference of opinion between Bulgaria and the competent Community authorities at the point of entry into the Community concerning the nature of products, consultation shall be held within a month in order to settle the difference. 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 14 of the Agreement with a view to finding a quantitative solution to the problem. 2. The provisions of Titles IV and V of Protocol A shall be applied mutatis mutandis to the products referred to in paragraph 1.SPA:L333UMBE10.94 FF: 3UEN; SETUP: 01; Hoehe: 254 mm; 28 Zeilen; 1934 Zeichen; Bediener: HELM Pr.: C; Kunde: PROTOCOL C The annual growth rate for the quantitative limits introduced under Article 7 of the Agreement shall be determined as follows: (a) For products in categories falling within Group I the growth rate of 3 % shall be fixed for the relevant products of category 3; (b) For products in categories falling within Groups II or III, the growth rate shall be fixed by agreement between the Parties in accordance with the consultation procedure established in Article 14 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 Bulgaria. PROTOCOL D The Community and Bulgaria 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. JOINT DECLARATION The People's Republic of Bulgaria and the European Economic Community agree that carryover from the quantitative limits for the year 1986 of amounts not used during the year 1986 is authorized up to 7 % of the corresponding quantitative limits for 1987. Anticipation of a portion of quantitative limits for the year 1987 is authorized up to 5 % for any quantitative limit for the year 1986. Head of Delegation of the People's Republic of Bulgaria Head of Delegation of the European Economic Community SPA:L333UMBE11.95 FF: 3UEN; SETUP: 01; Hoehe: 254 mm; 34 Zeilen; 1800 Zeichen; Bediener: HELM Pr.: C; Kunde: