# EUR-Lex - 22003A1231(05) - EN

Avis juridique important

*|*

# 22003A1231(05)

**Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the agreement between the European Community and the Republic of Belarus on trade in textile products initialled in Brussels on 1 April 1993, as last amended by an agreement in the form of an Exchange of Letters initialled on 11 November 1999 **

*
Official Journal L 345 , 31/12/2003 P. 0151 - 0155 *

Agreement in the form of an Exchange of Letters

between the European Community and the Republic of Belarus amending the agreement between the European Community and the Republic of Belarus on trade in textile products initialled in Brussels on 1 April 1993, as last amended by an agreement in the form of an Exchange of Letters initialled on 11 November 1999

A. Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 11 November 1999 (hereinafter referred to as the "Agreement").

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 19(1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this Letter.

2.2. The text of Article 19(1) second and third sentences, of the Agreement shall be replaced by the following:"It shall be applicable until 31 December 2004."

2.3. Annex II, which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community, is replaced by Appendix 2 to this Letter.

2.4. The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period of 1 January 2004 to 31 December 2004 by Appendix 3 to this Letter.

2.5. Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2004 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2003 as specified in the Exchange of Letters initialled on 11 November 1999.

3. Should the Republic of Belarus become a Member of the World Trade Organisation before the date of expiry of the Agreement the restrictions in force shall be phased out in the framework of the WTO Agreement on Textiles and Clothing and Belarus' Protocol of accession to the WTO. In addition, the provisions of Articles 2, paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed Minute No 6 shall continue to be applicable as administrative arrangements within the meaning of Article 2(17) of the WTO Agreement on Textiles and Clothing.

4. I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, this Agreement in the form of an Exchange of Letters shall enter into force on the first day of the month following the day on which the Parties have notified each other that the legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on the condition of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

B. Letter from the Government of the Republic of Belarus

Sir,

I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 11 November 1999 (hereinafter referred to as the "Agreement"). I hereby acknowledge receipt of your letter of ... which reads as follows:

"Sir,

1. I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 11 November 1999 (hereinafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 19 (1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this Letter.

2.2. The text of Article 19(1) second and third sentences, of the Agreement shall be replaced by the following:'It shall be applicable until 31 December 2004.'

2.3. Annex II, which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community, is replaced by Appendix 2 to this Letter.

2.4. The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period of 1 January 2004 to 31 December 2004 by Appendix 3 to this Letter.

2.5. Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2004 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2003 as specified in the Exchange of Letters initialled on 11 November 1999.

3. Should the Republic of Belarus become a Member of the World Trade Organisation before the date of expiry of the Agreement the restrictions in force shall be phased out in the framework of the WTO Agreement on Textiles and Clothing and Belarus' Protocol of accession to the WTO. In addition, the provisions of Articles 2, paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed Minute No 6 shall continue to be applicable as administrative arrangements within the meaning of Article 2(17) of the WTO Agreement on Textiles and Clothing.

4. I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, this Agreement in the form of an Exchange of Letters shall enter into force on the first day of the month following the day on which the Parties have notified each other that the legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on the condition of reciprocity.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Belarus

Appendix 1

Annex I to the Agreement between the European Community and Belarus on trade in textile products initialled on 1 April 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to Regulation (EC) No 3030/93(1). It is understood that without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, since the products covered by each category are determined within that Annex by CN codes. Where there is an "ex" symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description.

(1) OJ L 357, 31.12.2002, p. 91.

Appendix 2

ANNEX II

>TABLE>

Appendix 3

ANNEX to Protocol C

>TABLE>