21997A0520(01) 21997A0520(01) Additional Protocol to the Europe Agreement on trade in textile products between the European Community and the Republic of Bulgaria Official Journal L 127 , 20/05/1997 p

paragraph 2 was made, or for the following year if the quota for the current year is exhausted. 4. Should the Parties be unable, in the course of the consultation referred to in paragraph 2, to reach a mutually satisfactory solution, the initiating Party shall have the right: (

1. a)where there is sufficient evidence that products originating in the other Party have been imported in circumvention of the present Protocol, to set off the relevant quantities against the quantitative limits established under the Protocol; (
2. b)where sufficient evidence shows that false declaration concerning fibre content, quantities, description or classification of products originating in the other Party has occurred, to refuse to import the products in question; (
3. c)should it appear that the territory of the other Party is involved in transhipment or re-routing of products not originating in that Party, to introduce quantitative limits against the same products originating in the other Party if they are not already subject to quantitative limits, or to take any other appropriate measures. 5. Without prejudice to Protocol No 6 on mutual assistance in customs matters to the Europe Agreement, the Parties agree to establish a system of administrative cooperation to prevent and to address effectively all problems arising from circumvention in accordance with the provisions of Appendix A of this Protocol. Article 12 1. The quantitative limits established under this Protocol on imports into the Community of textile products of Bulgarian origin will not be broken down by the Community into regional shares. 2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows resulting in regional concentration of direct imports into the Community. 3. Bulgaria shall monitor its exports of products under restraint or surveillance into the Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community will be entitled to request consultations in order to find a satisfactory solution to those problems. Such consultations must be held within 15 working days of their being requested by the Community. 4. Bulgaria shall endeavour to ensure that exports of textile products subject to quantitative limits into the Community are spaced out as evenly as possible over the year, due account being taken in particular of seasonal factors. Article 13 1. The Parties shall refrain from discrimination in the allocation of the export licences and import authorizations or documents referred to in Appendices A and C. 2. Should either Party find that the application of this Protocol or the commercial practices of either Party are disturbing existing commercial relations between the Community and Bulgaria consultations shall be started promptly, in accordance with the procedure specified in Article 14, with a view to remedying this situation. Article 14 1. Save where it is otherwise provided, the special consultation procedures referred to in this Protocol shall be governed by the following rules: - any request for consultations shall be notified in writing to the other Party, - the request for consultation shall be followed within 15 days of the notification by a statement setting out the reasons and 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. 2. If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the application of this Protocol. Any consultations held under this Article shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties. Article 15 1. This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. This Protocol shall apply with effect from the date of entry into force of the Interim Agreement between the European Economic Community and Bulgaria signed on 8 March 1993. It shall expire at the end of the period referred to in Agreed Minute No 5. 2. Either Party may at any time propose

Article 14, with a view to agreeing amendments to this Protocol.

1. Either Party may, at any time, denounce this Protocol by notifying the other Party. This Protocol shall cease to apply six months after the date of such notification and the quantitative limits established under this Protocol shall be reduced proportionately.
2. The Annexes, Appendices, Agreed Minutes and Joint Memoranda attached to this Protocol shall form an integral part thereof.
3. This Protocol shall form an integral part of the Europe Agreement between the Community and Bulgaria, signed on 8 March 1993 and of the Interim Agreement signed between the Parties on the same date. Article 16 This Protocol shall be drawn up in two copies in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Bulgarian languages, each of those texts being equally authentic. Hecho en Bruselas, el veintisiete de septiembre de mil novecientos noventa y seis. Udfördiget i Bruxelles, den syvogtyvende september nitten hundrede og seksoghalvfems. Geschehen zu BrŽssel am siebenundzwanzigsten September neunzehnhundertsechsundneunzig. øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł õĘĮĄ ÓõĘĮõüņęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ąžł. Done at Brussels on the twenty-seventh day of September in the year one thousand nine hundred and ninety-six. Fait š Bruxelles, le vingt-sept septembre mil neuf cent quatre-vingt-seize. Fatto a Bruxelles, addü ventisette settembre millenovecentonovantasei. Gedaan te Brussel, de zevenentwintigste september negentienhonderd zesennegentig. Feito em Bruxelas, em vinte e sete de Setembro de mil novecentos e noventa e seis. Tehty Brysselissō kahdentenakymmenentenōseitsemōntenō pōivōnō syyskuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi. Som skedde i Bryssel den tjugosjunde september nittonhundranittiosex. >REFERENCE TO A GRAPHIC> Por la Comunidad Europea For Det Europöiske Föllesskab FŽr die Europōische Gemeinschaft Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń For the European Community Pour la Communautł europłenne Per la Comunitš europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisŠn puolesta Põ Europeiska gemenskapens vōgnar >REFERENCE TO A GRAPHIC> >REFERENCE TO A GRAPHIC> ANNEX I PRODUCTS REFERRED TO IN ARTICLE 1

Article 14with a view to reaching agreement on the classification concerned.

In case no agreement can be reached, the classification of the goods is to be submitted to the Nomenclature Committee for a definitive classification in the combined nomenclature. TITLE II ORIGIN Article 2 1. Products originating in Bulgaria for export to the Community in accordance with the arrangements established by the Protocol shall be accompanied by a certificate of Bulgarian origin conforming to the model annexed to this Appendix. 2. However, products in Group III can be imported into the Community under the regime established by the Protocol on the presentation of a declaration of the exporter on the invoice or another commercial document, attesting that the products in question originate in Bulgaria in accordance with the relevant provisions in force in the Community. 3. The certificate of origin referred to in paragraph 1 is not required for the importation of goods covered by a movement certificate 'EUR 1` or a form 'EUR 2` issued in conformity with Protocol No 4 of the Europe Agreement. Article 3 The certificate of origin is issued to the exporter only on receipt of a written request from either him or his representative. The competent authorities of Bulgaria are obliged to ensure that the certificates of origin are correctly filled out; to this end they shall call for any necessary document, any 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, the certificates or declarations of origin must contain a sufficiently detailed description of the goods so as 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 details on the certificate of origin and those on the documents produced at the customs office when going through the import formalities for the goods, does not, ipso facto, cast doubt upon the statements in the certificate. TITLE III DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF PRODUCTS SUBJECT TO COMMUNITY 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 under the provisions of this Protocol and of textile products subject to any quantitative limits or surveillance system established as a result of the application of Articles 7 and 8 of the Protocol. Article 7 1. The export licence shall conform to the model annexed to this Appendix and it shall be valid for exports throughout the customs territory to which the Treaty establishing the European Community is applied. However, where the Community has made recourse to the provisions of Articles 7 and 8 of the Protocol in accordance with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the textile products covered by the export licences can only be put into free circulation in the region(

1. s)of the Community indicated in those licences. 2. Each export licence must certify, inter alia, that the quantity of product in question has been set off against the quantitative limit established for the category of the product concerned and shall only cover one of the categories of products listed in Annex II of the Protocol. It is to be used for one or more consignments of the product 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 licence: 'Conversion rate for garments of a commercial size not exceeding 130 cm is to be applied`. Article 8 The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already delivered. Article 9 1. Export shall be set off against the quantitative limits established for the year in which the shipment of the goods has been effected even if the export licence is issued in accordance with this Protocol 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 onto the exporting aircraft, vehicle or vessel. Article 10 The presentation of an export licence, in application of Article 12 hereafter, shall be effected not later than 31 March of the year following that in which the goods covered by the licence were 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 authorities of the Community shall issue the import authorization or document, referred to in Article 11, automatically within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. 2. The import authorizations shall be valid for six months from the date of their issue for imports throughout the customs territory to which the Treaty establishing the European Community is applied. However, where the Community has recourse to the provisions of Articles 7 and 8 of the Protocol in accordance with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the products covered by the import licences can only be put into free circulation in the region(
2. s)of the Community indicated in those licences. 3. The competent authorities of the Community shall cancel the authorization or import document already issued whenever the corresponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the importation of the products into the Community, the relevant quantities shall be set off against the quantitative limits established for the category and the quota year concerned. Article 13 1. If the competent authorities of the Community find that the total quantities covered by export licences issued by Bulgaria for a particular category in any year exceed the quantitative limit established for that category established in Annex II for that category as may be modified in accordance with the provisions of this Protocol, or any quantitative limit established in accordance with Article 8 of this Protocol, the said authorities may suspend the further issue of import authorizations or documents. In this event, the competent authorities of the Community shall immediately inform the authorities of Bulgaria and the special consultation procedure set out in Article 14 of this Protocol shall be initiated forthwith. 2. Exports of products of Bulgarian origin subject to quantitative limits or a surveillance system not covered by Bulgarian export licences issued in accordance with the provisions of this Appendix may be refused an import authorization or document by the competent Community authorities. However, if the import of such products is allowed into the Community by the competent authorities of the Community, the quantities involved shall not be set off against the appropriate quantitative limits established in Annex II, or established by virtue of Article 8 of the Protocol, without the express agreement of the competent authorities of Bulgaria, save as provided for in Article 11 of the Protocol. TITLE IV FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY 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 printed script. These documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m². 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 of the Community as being valid for the control of export to the Community in accordance with the provisions of this Protocol. 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 the exporting country as follows: BG, - Two letters identifying the intended Member State of customs clearance as follows: AT - Austria BL - Benelux DE - Germany DK - Denmark EL - Greece ES - Spain FI - Finland FR - France GB - United Kingdom IE - Ireland IT - Italy PT - Portugal SE - Sweden, - a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 7 or 1997, - a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country, - a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance. Article 15 The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement 'delivrł 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` or 'duplicate`. 2. The duplicate shall bear the date of the original export licence or certificate of origin. TITLE V PROVISIONS CONCERNING COMMUNITY EXPORTS TO BULGARIA Article 17 Should it be necessary, either Party may request

Article 14

of the Protocol, in order to establish specific administrative provisions concerning Community exports to Bulgaria. Such provisions shall afford the same or equivalent degree of protection to Community exporters as is provided for Bulgarian exporters under this Protocol. TITLE VI ADMINISTRATIVE COOPERATION Article 18 The Community and Bulgaria shall co-operate fully in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties. Article 19 In order to ensure the correct application of this Appendix, the Community and Bulgaria offer mutual assistance for the checking of the authenticity and the veracity of export licences and certificates of origin issued or of any declarations made within the terms of this Appendix. Article 20 Bulgaria shall transmit to the European Commission the names and addresses of the authorities competent to issue and verify the export licences and the certificates of origin, together with specimens of the stamps used by these authorities and specimen signatures of officials responsible for signing the export licences. Article 21

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 true origin of the products in question.
2. In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the competent Bulgarian authority, giving, where appropriate, the reasons of form or substance which justify an inquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. 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 shall also apply to subsequent verifications of the declarations of origin provided for in Article 2 of this Appendix.
4. 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. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by this Protocol. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, 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

the procedures set out in Article 14 of the Protocol, provided the products concerned are subject to quantitative limits under Annex II to the Protocol or to surveillance measures. 3. Having regard to the interests of both Parties, the Community may at its discretion, or in response to a request from Bulgaria under Article 14 of the Protocol, examine and give effect to: (

1. a)the possibility of transferring from one category to another, using in advance or carrying over from one year to the next, portions of specific quantitative limits; (
2. b)the possibility of increasing specific quantitative limits. 4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 within the following limits: (
3. a)transfers between categories may not exceed 25 % of the quantity for the category to which the transfer is made; (
4. b)carryover of a specific quantitative limit from one year to the next may not exceed 13,5 % of the quantity set for the year of actual utilization; (
5. c)advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the quantity set for the year of actual utilization. 5. The Community shall inform Bulgaria of any measures taken pursuant to the preceding paragraphs. 6. The competent authorities in the Community shall debit the specific quantitative limits referred to in paragraph 1 at the time of issue of the prior authorization require by Council Regulation (EEC) No 636/82 which governs economic outward processing arrangements. A specific quantitative limit shall be debited for the year in which a prior authorization is issued. 7. Transfers from one category to another and combined debits from the quantitative limit for products of Group II and III will be calculated in accordance with the table of equivalence in Annex I to the Agreement. 8. A certificate of origin made out by the organizations authorized to do so under Bulgarian law shall be issued, in accordance with Appendix A to the Protocol, for all products covered by this Appendix. This certificate shall bear a reference to the prior authorization mentioned in paragraph 6 above as evidence that the processing operation it describes has been carried out in Bulgaria. 9. The Community shall provide Bulgaria with the names and addresses of, and specimens of the stamps used by, the competent authorities of the Community which issue the prior authorizations referred to in paragraph 6 above. 10. Without prejudice to the provisions of paragraphs 1 to 9 above, Bulgaria and the Community shall continue consultations with a view to reaching a mutually acceptable solution enabling both Parties to benefit from the Protocol's provisions on outward processing traffic and so ensure the effective development of trade in textile products between Bulgaria and the Community. Annex to Appendix B OUTWARD PROCESSING TRAFFIC COMMUNITY QUANTITATIVE LIMITS (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol) >TABLE POSITION> Appendix C (Referred to in Article 5