EN Official Journal of the European Union 182

21995A0426(25)



OFFICIAL JOURNAL OF THE EUROPEAN UNION

AGREEMENT

in the form of an exchange of letters between the European Community and Ukraine amending the Agreement between the European Economic Community and Ukraine on trade in textile products to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993.

2. In order to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that the following amendments should be made to the Agreement between the European Economic Community and Ukraine on trade in textile products: 2.1. The following text is added after Article 5, paragraph 2: „For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year's total imports from all third countries shall be calculated on the basis of imports into the Community as constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded from this total.“ 2.2. Figures in Annex II which set out the quantitative limits for exports from Ukraine to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter. 2.3. Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as follows: „— two letters identifying the intended Member State of customs clearance as follows: AT = Austria BL = Benelux DE = Federal Republic of Germany DK = Denmark EL = Greece ES = Spain FI = Finland FR = France GB = United Kingdom IE = Ireland IT = Italy PT = Portugal SE = Sweden“ 2.4. The Annex to Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter. 2.5. The Annex to Protocol A, setting out the model of the export licence is replaced by Appendix III to this letter. 2.6. The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and folklore products is replaced by Appendix IV to this letter. 2.7. Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter. 2.8. Should one or more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the „Adjusted limits 1995“ set out in Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force. 2.9. Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of Ukraine shall be authorized to continue issuing the forms that were in use in 1994. 2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995.

3. 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 1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

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

For the Council of the European Union

Appendix I ANNEX II COMMUNITY QUANTITATIVE LIMITS Group Category Unit Existing limit 1995 Adjustment for Adjusted limit 1995 Sweden Finland Austria IA 1 tonnes 653 24 11 20 707 IA 2 tonnes 1 500 33 15 28 1 576 IA 2a tonnes 375 10 4 8 398 IA 3 tonnes 375 13 6 11 404 IB 4 1 000 pieces 983 93 42 77 1 196 IB 5 1 000 pieces 1 059 37 17 31 1 144 IB 6 1 000 pieces 874 41 19 34 968 IB 7 1 000 pieces 273 29 13 24 338 IB 8 1 000 pieces 382 40 18 33 472 IIA 9 tonnes 339 17 8 14 378 IIA 20 tonnes 557 25 11 21 615 IIA 22 tonnes 223 36 16 30 306 IIA 23 tonnes 325 18 8 15 366 IIA 39 tonnes 193 11 5 9 218 IIB 12 1 000 pairs 2 756 276 124 228 3 384 IIB 13 1 000 pieces 1 591 285 128 236 2 239 IIB 15 1 000 pieces 131 21 9 17 179 IIB 16 1 000 pieces 70 6 3 5 84 IIB 21 1 000 pieces 98 40 18 33 189 IIB 24 1 000 pieces 529 55 25 46 654 IIB 26/27 1 000 pieces 262 66 30 55 413 IIB 29 1 000 pieces 54 9 4 8 75 IIB 73 1 000 pieces 382 13 6 11 412 IIB 83 tonnes 159 6 3 5 173 IIIA 33 tonnes 546 65 29 54 694 IIIA 36 tonnes 668 24 11 20 723 IIIA 37 tonnes 772 67 30 55 923 IIIA 50 tonnes 88 8 4 7 107 IIIB 67 tonnes 165 35 16 29 245 IIIB 74 1 000 pieces 270 28 12 23 333 IIIB 90 tonnes 551 20 9 17 597 IV 115 tonnes 198 10 5 9 222 IV 117 tonnes 496 7 3 6 512 IV 118 tonnes 309 5 2 5 321

Appendix V ANNEX TO PROTOCOL C OUTWARD PROCESSING TRAFFIC Community quantitative limits Group Category Unit Existing limit 1995 Adjustment for Adjusted limit 1995 Sweden Finland Austria IB 4 1 000 pieces 1 823 53 24 44 1 943 IB 5 1 000 pieces 2 507 73 33 60 2 672 IB 6 1 000 pieces 3 191 93 41 77 3 402 IB 7 1 000 pieces 4 672 136 61 112 4 980 IB 8 1 000 pieces 912 26 12 22 972 IIB 12 1 000 pairs 6 934 201 90 166 7 392 IIB 13 1 000 pieces 874 25 11 21 932 IIB 15 1 000 pieces 2 735 79 36 66 2 916 IIB 16 1 000 pieces 562 16 7 13 599 IIB 21 1 000 pieces 1 823 53 24 44 1 943 IIB 24 1 000 pieces 809 23 11 19 862 IIB 26/27 1 000 pieces 5 470 159 71 131 5 831 IIB 29 1 000 pieces 1 236 36 16 30 1 318 IIB 73 1 000 pieces 570 17 7 14 608 IIB 83 tonnes 273 8 4 7 291 IIIB 74 1 000 pieces 562 16 7 13 599

Appendix VI Exchange of notes The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Mission of Ukraine to the European Communities and has the honour to refer to the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling). The Directorate-General wishes to inform the Mission of Ukraine that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the amended Agreement, the European Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the amended Agreement provided that one hundred and twenty days notice is given. The Directorate-General for External Economic Relations would be grateful if the Mission of Ukraine would confirm its agreement to the foregoing. The Directorate-General for External Economic Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of Ukraine to the European Communities the assurance of its highest consideration. The Mission of Ukraine to the European Communities presents its compliments to the Directorate-General for External Economic Relations of the Commission of the European Communities and has the honour to refer to the note of the Directorate-General of (date of note verbale) regarding the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling). The Mission of Ukraine wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the adapted Agreement, the Government of Ukraine is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the adapted Agreement provided that one hundred and twenty days notice is given. The Mission of Ukraine to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Economic Relations of the Commission of the European Communities the assurance of its highest consideration.

Sir,

I have the honour to acknowledge receipt of your letter of … which reads as follows:

„Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993.

2. In order to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that the following amendments should be made to the Agreement between the European Economic Community and Ukraine on trade in textile products: 2.1. The following text is added after Article 5, paragraph 2: „For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year's total imports from all third countries shall be calculated on the basis of imports into the Community as constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded from this total.“ 2.2. Figures in Annex II which set out the quantitative limits for exports from Ukraine to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter. 2.3. Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as follows: „— two letters identifying the intended Member State of customs clearance as follows: AT = Austria BL = Benelux DE = Federal Republic of Germany DK = Denmark EL = Greece ES = Spain FI = Finland FR = France GB = United Kingdom IE = Ireland IT = Italy PT = Portugal SE = Sweden“ 2.4. The Annex to Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter. 2.5. The Annex to Protocol A, setting out the model of the export licence is replaced by Appendix III to this letter. 2.6. The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and folklore products is replaced by Appendix IV to this letter. 2.7. Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter. 2.8. Should one or more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the „Adjusted limits 1995“ set out in Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force. 2.9. Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of Ukraine shall be authorized to continue issuing the forms that were in use in 1994. 2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995.

3. 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 1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

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

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

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

For the Government of Ukraine

Appendix I ANNEX II COMMUNITY QUANTITATIVE LIMITS Group Category Unit Existing limit 1995 Adjustment for Adjusted limit 1995 Sweden Finland Austria IA 1 tonnes 653 24 11 20 707 IA 2 tonnes 1 500 33 15 28 1 576 IA 2a tonnes 375 10 4 8 398 IA 3 tonnes 375 13 6 11 404 IB 4 1 000 pieces 983 93 42 77 1 196 IB 5 1 000 pieces 1 059 37 17 31 1 144 IB 6 1 000 pieces 874 41 19 34 968 IB 7 1 000 pieces 273 29 13 24 338 IB 8 1 000 pieces 382 40 18 33 472 IIA 9 tonnes 339 17 8 14 378 IIA 20 tonnes 557 25 11 21 615 IIA 22 tonnes 223 36 16 30 306 IIA 23 tonnes 325 18 8 15 366 IIA 39 tonnes 193 11 5 9 218 IIB 12 1 000 pairs 2 756 276 124 228 3 384 IIB 13 1 000 pieces 1 591 285 128 236 2 239 IIB 15 1 000 pieces 131 21 9 17 179 IIB 16 1 000 pieces 70 6 3 5 84 IIB 21 1 000 pieces 98 40 18 33 189 IIB 24 1 000 pieces 529 55 25 46 654 IIB 26/27 1 000 pieces 262 66 30 55 413 IIB 29 1 000 pieces 54 9 4 8 75 IIB 73 1 000 pieces 382 13 6 11 412 IIB 83 tonnes 159 6 3 5 173 IIIA 33 tonnes 546 65 29 54 694 IIIA 36 tonnes 668 24 11 20 723 IIIA 37 tonnes 772 67 30 55 923 IIIA 50 tonnes 88 8 4 7 107 IIIB 67 tonnes 165 35 16 29 245 IIIB 74 1 000 pieces 270 28 12 23 333 IIIB 90 tonnes 551 20 9 17 597 IV 115 tonnes 198 10 5 9 222 IV 117 tonnes 496 7 3 6 512 IV 118 tonnes 309 5 2 5 321

Appendix V ANNEX TO PROTOCOL C OUTWARD PROCESSING TRAFFIC Community quantitative limits Group Category Unit Existing limit 1995 Adjustment for Adjusted limit 1995 Sweden Finland Austria IB 4 1 000 pieces 1 823 53 24 44 1 943 IB 5 1 000 pieces 2 507 73 33 60 2 672 IB 6 1 000 pieces 3 191 93 41 77 3 402 IB 7 1 000 pieces 4 672 136 61 112 4 980 IB 8 1 000 pieces 912 26 12 22 972 IIB 12 1 000 pairs 6 934 201 90 166 7 392 IIB 13 1 000 pieces 874 25 11 21 932 IIB 15 1 000 pieces 2 735 79 36 66 2 916 IIB 16 1 000 pieces 562 16 7 13 599 IIB 21 1 000 pieces 1 823 53 24 44 1 943 IIB 24 1 000 pieces 809 23 11 19 862 IIB 26/27 1 000 pieces 5 470 159 71 131 5 831 IIB 29 1 000 pieces 1 236 36 16 30 1 318 IIB 73 1 000 pieces 570 17 7 14 608 IIB 83 tonnes 273 8 4 7 291 IIIB 74 1 000 pieces 562 16 7 13 599