Notka Redakcji Systemu Informacji Prawnej LEX
Tekst niniejszego aktu prawnego został opublikowany w języku polskim w Dz.U.UE.L.97.127.2.
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of the one part, and
THE GOVERNMENT OF THE 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 the "Community") and the Republic of Bulgaria (hereinafter "Bulgaria"),
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, in particular in order to eliminate the real dangers of damage to both the Community and Bulgarian markets for textile products,
BEARING IN MIND the objectives of the Europe Agreement between the Community and Bulgaria signed in Brussels on 8 March 1993 and, in particular, those referred to in Article 1 thereof,
HAVING REGARD to the Europe Agreement and in particular Article 15 thereof,
HAVING REGARD to the Interim Agreement between the Community and Bulgaria signed in Brussels on 8 March 1993 and in particular to Article 9 thereof,
HAVING REGARD to Protocol 1 on textile and clothing products to the Europe Agreement and to the Interim Agreement, and in particular to Article 3 thereof,
HAVE DECIDED, to conclude this Protocol and to this end have designated as their plenipotentiaries:
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
THE GOVERNMENT OF THE REPUBLIC OF BULGARIA,
WHO HAVE AGREED AS FOLLOWS:
The procedures for implementation of classification changes are set out in Appendix A.
Bulgaria shall be notified of any amendments to the said rules of origin.
The procedures for checking the origin of the textile products are laid down in Appendix A.
However, the release for home use of products imported into the Community under the conditions referred to above shall be subject to the production of an export licence issued by the competent authorities, and to proof of origin in accordance with Appendix A.
Amounts delivered in advance shall be deducted from the corresponding quantitative limit established for the following year.
– amounts may be transferred from category 1 to categories 2 and 3, or from categories 2 and 3 to category 1 up to 7 % of the quantitative limit for the category to which the transfer is made,
– amounts may be transferred between categories 2 and 3 up to 7 % of the quantitative limit for the category to which the transfer is made,
– the total quantities transferred to categories 2 and 3 in accordance with the first two indents of this paragraph may not exceed 7 % of the category to which the transfer is made,
– amounts may be transferred between categories 4, 5, 6, 7 and 8 up to 7 % of the quantitative limit for the category to which the transfer is made.
Amounts may be transferred into any category in Groups II and III from any category in Groups I, II and III up to 10 % of the quantitative limit for the category to which the transfer is made.
– injury to the importing Party's production of like or directly competitive products, or
– where the economic interests of the importing Party so require,
it may impose a prior or retrospective surveillance system on the category of products concerned for a period that it considers appropriate.
The quantitative limits agreed upon may in no case be lower than 110 % of the level of the importing Party's imports during the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultation is made, of products in that category originating in the other Party.
Where paragraph 2, 3 or 4 is applied, the Party concerned undertakes to issue export or import licences for products covered by contracts effectively concluded before the introduction of the quantitative limit, but up to the volume of the quantitative limit fixed.
Nothing in this Protocol prevents a Party from unilaterally removing a quantitative limitation or increasing the level of access under a limitation, should the conditions in its market so permit.
The Communtiy shall similarly transmit to the Bulgarian authorities precise statistical information on import authorizations issued by the Community authorities in connection with the export licences and the certificates issued by Bulgaria.
The Parties shall transmit to each other's authorities statistical information on the products covered by Article 5 (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;
(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;
(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.
– 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.
This Protocol shall be drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Bulgarian languages, each of those texts being equally authentic.
ANNEXES
Notka Wydawnictwa Prawniczego "Lex"
Grafiki zostały zamieszczone wyłącznie w Internecie. Obejrzenie grafik podczas pracy z programem Lex wymaga dostępu do Internetu.
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COMMUNITY QUANTITATIVE LIMITS
(in tonnes or '000 pieces) | |||||||
Category | Unit | 1993 | 1994 | 1995 | 1996 | 1997 | 1998 |
1 | tonnes | 3.900 | 3.978 | 4.058 | 4.139 | 4.222 | 4.306 |
2 (a) | tonnes | 1.200 | 1.224 | 1.248 | 1.273 | 1.298 | 1.324 |
4 | pieces(1) | 3.450 | 3.605 | 3.767 | 3.937 | 4.114 | 4.299 |
5 | pieces | 3.750 | 3.919 | 4.095 | 4.279 | 4.472 | 4.673 |
6 | pieces(1) | 1 420 | 1.491 | 1.566 | 1.644 | 1.726 | 1.812 |
7 | pieces | 1.200 | 1.254 | 1.310 | 1.369 | 1.431 | 1.495 |
8 | pieces | 4.300 | 4.451 | 4.607 | 4.768 | 4.935 | 5.108 |
14 | pieces | 550 | |||||
15 | pieces | 1.100 | |||||
73 | pieces | 2.500 | 2.650 | 2.809 | 2.978 | 3.157 | 3.346 |
76 | pieces | 3.100 | |||||
(1) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments (other than babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the quantitative limits. The export licence concerning these products must bear, in box 9, the words "The commercial rate for garments of a commercial size of not more than 130 cm must be applied". |
CLASSIFICATION
(a) a description of the products concerned;
(b) the relevant category, related CN codes;
(c) the reasons which have led to the decision.
The Contracting Parties agree to enter into consultation in accordance with the procedures described in Article 14 of the Protocol with a view to honouring the obligation under Article 2 (2) of the Protocol.
Products shipped before the date of the application of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation within 60 days of that date.
ORIGIN
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.
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.
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.
DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF PRODUCTS SUBJECT TO COMMUNITY QUANTITATIVE LIMITS
Exportation
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.
The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already delivered.
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.
Importation
Importation into the Community of textile products subject to quantitative limits shall be subject to the presentation of an import authorization or document.
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.
FORM AND PRODUCTION OF EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY
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.
This number shall be composed of the following elements:
– two letters identifying the exporting country as follows: BG,
– two letters identifying intended Member State of customs clearance as follows:
BL = Benelux,
DE = Germany,
DK = Denmark,
EL = Greece,
ES = Spain,
FR = France,
GB = United Kingdom,
IE = Ireland,
IT = Italy,
PT = Portugal,
– a one-digit number identifying quota year, corresponding to the last figure in the respective year, e.g. 7 for 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.
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 "délivré a posteriori" or the endorsement "issued retrospectively".
PROVISIONS CONCERNING COMMUNITY EXPORTS TO BULGARIA
Should it be necessary, either Party may request consultations in accordance with 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.
ADMINISTRATIVE COOPERATION
The Community and Bulgaria shall cooperate 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.
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.
Bulgaria shall transmit to the Commission of the European Communities 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.
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 (1) of this Appendix.
OUTWARD PROCESSING TRAFFIC
1. Subject to paragraph 2, only reimports into the Community of products affected by the specific quantitative limits laid down in the Annex to this Appendix shall be considered reimports within the meaning of Article 4 (2) of the Protocol.
2. Reimports not covered by the Annex to this Appendix may be made subject to specific quantitative limits following consultations in accordance with 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:
(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;
(b) the possibility of increasing specific quantitative limits.
4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above within the following limits:
(a) transfers between categories may not exceed 25 % of the quantity for the category to which the transfer is made;
(b) carry-over 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;
(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 required 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 Groups 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.
OUTWARD PROCESSING TRAFFIC
COMMUNITY QUANTITATIVE LIMITS
(in '000 pieces) | |||||||
Category | Unit | 1993 | 1994 | 1995 | 1996 | 1997 | 1998 |
4 | pieces | 9.800 | 10.462 | 11.168 | 11.922 | 12.727 | 13.586 |
5 | pieces | 4.300 | 4.590 | 4.900 | 5.231 | 5.584 | 5.961 |
6 | pieces | 6.000 | 6 450 | 6.934 | 7.454 | 8.013 | 8.614 |
7 | pieces | 8.800 | 9.394 | 10.028 | 10.705 | 11.428 | 12.199 |
8 | pieces | 4.300 | 4.526 | 4.764 | 5.014 | 5.277 | 5.554 |
14 | pieces | 550 | |||||
15 | pieces | 2.100 | |||||
73 | pieces | 2.100 | 2.289 | 2.495 | 2.720 | 2.965 | 3.232 |
76 | pieces | 1.200 |
referred to in Article 5 (3)
1. The exemption provided for in Article 5 (3) in respect of cottage industry products shall apply to the following types of product only:
(a) fabrics woven on looms operated solely by hand or foot, 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 products of Bulgaria made by hand, in a list to be agreed between the Community and Bulgaria.
Exemption shall be granted in respect only of products covered by a certificate conforming to the specimen attached to this Appendix and issued by the competent authorities in the supplying Party. These certificates must indicate the reasons justifying their issuance; the competent authorities of the importing Party will accept them after having checked that the products concerned have fulfilled the conditions established in this Appendix. The certificates concerning the products envisaged in (c) above must bear a stamp "FOLKLORE" marked clearly. In the case of a difference of opinion between the Parties concerning the nature of these products, consultations shall be held within one month in order to resolve these differences.
Should imports of any product covered by this Appendix reach proportions liable to cause problems within the Community, consultations with Bulgaria shall be initiated as soon as possible, with a view to resolving the situation by the adoption if necessary of a quantitative limit, in accordance with the procedure laid down in Article 14 of this Protocol.
2. The provisions of Titles IV and V of Appendix A shall apply mutatis mutandis to the products covered by paragraph 1 of this Appendix.
In such an event, the Republic of Bulgaria shall be informed in advance of the relevant provisions of Appendix A to this Protocol to be applied, as appropriate.
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
However, if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article 12 (3), Bulgaria undertakes, if so requested by the Community, to respect temporary export limits for one or more regions of the Community. In such a case, these limits shall not preclude the importation into the region(s) concerned of products which were shipped from Bulgaria on the basis of export licences obtained before the date of formal notification to Bulgaria by the Community about the introduction of the above limits.
The Community shall inform Bulgaria of the technical and administrative measures, such as defined in the attached note verbale, that need to be introduced by both Parties in order to implement the above paragraphs in conformity with the principles of the internal market.
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
The Directorate-General wishes to inform the Mission of the Republic of Bulgaria that the Community has decided to apply, starting from the date of application of the Protocol, the provisions of paragraph 1 of Agreed Minute No 2 to the Protocol initialled on 21 April 1993. Consequently, the corresponding provisions of Articles 7 and 12 of Appendix A to the Protocol shall also be applied as of the above date.
The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Republic of Bulgaria to the European Communities the assurance of its highest consideration.
The Community and the Republic of Bulgaria further agree to hold consultations, should the need arise, in order to avert any problems which might occur in this respect.
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
For the Government | For the Council |
of the Republic of Bulgaria | of the European Communities |
The Direcotrate-General wishes to inform the Mission of the Republic of Bulgaria that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Protocol, the Community is prepared to allow the provisions of the Protocol to apply de facto from the date of entry into force of the Interim Agreement signed between the European Economic Community and Bulgaria on 8 March 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Protocol provided that 120 days' notice is given.
The Directorate-General for External Relations would be grateful if the Mission would confirm its agreement to the foregoing.
The Directorate-General for External Relations avails itself of this opportunity to renew to the Mission of the Republic of Bulgaria to the European Communities the assurance of its highest consideration.
The Mission of the Republic of Bulgaria wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the Protocol, the Government of the Republic of Bulgaria is prepared to allow the provisions of the Protocol to apply de facto from the date of entry into force of the Interim Agreement signed between the European Economic Community and Bulgaria on 8 March 1993. This is on the understanding that either Party may at any time terminate this de facto application of the Protocol provided that 120 days' notice is given.
The Mission of the Republic of Bulgaria to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations the assurance of its highest consideration.
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Tomasz Ciechoński 31.12.2024Identyfikator: | Dz.U.UE.L.1994.123.147 |
Rodzaj: | Umowa międzynarodowa |
Tytuł: | Bułgaria-Europejska Wspólnota Gospodarcza. Additional Protocol to the Europe Agreement on trade in textile products. |
Data aktu: | 20/12/1993 |
Data ogłoszenia: | 17/05/1994 |