AGREEMENT in the form of an Exchange of Letters between the European Community and the Republic of Azerbaijan amending the Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products to take into account the accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union

Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products initialled on 20 September 1993.

2. In order to take into account the 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 the Republic of Azerbaijan 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. 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`

2.3. The Annex to Protocol A setting out the model of the certificate of origin is replaced by Appendix I to this letter.

2.4. The Annex to Protocol A setting out model 1 of the export licence is replaced by Appendix II to this letter.

2.5. The Annex to Protocol A setting out model 2 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. Notwithstanding the modifications referred to under points 2.3, 2.4, 2.5 and 2.6, during a transitional period that will end on 31 December 1995, the competent authorities of the Republic of Azerbaijan shall be authorized to continue issuing the forms that were in use in 1994.

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 V).

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

For the Council of the European Union

Appendix I

ANNEX TO PROTOCOL A, ARTICLE 2 (1)

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Appendix II

ANNEX TO PROTOCOL A, ARTICLE 7 (1): MODEL 1

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Appendix III

ANNEX TO PROTOCOL A, ARTICLE 7 (3): MODEL 2

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Appendix IV

ANNEX TO PROTOCOL B

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Appendix V

Exchange of Notes

The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Ministry of Foreign Affairs Republic of Azerbaijan and has the honour to refer to the Agreement on Trade in Textile Products between the Republic of Azerbaijan and the European Economic Community initialled on 23 September 1993 as amended by the Exchange of Letters initialled on 18 December 1995.

The Directorate-General wishes to inform the Ministry 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 Ministry 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 Ministry of Foreign Affairs of the Republic of Azerbaijan the assurance of its highest consideration.

Letter from the Government of the Republic of Azerbaijan

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 the Republic of Azerbaijan on trade in textile products initialled on 20 September 1993.

2. In order to take into account the 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 the Republic of Azerbaijan 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. 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"

2.3. The Annex to Protocol A setting out the model of the certificate of origin is replaced by Appendix I to this letter.

2.4. The Annex to Protocol A setting out model 1 of the export licence is replaced by Appendix II to this letter.

2.5. The Annex to Protocol A setting out model 2 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. Notwithstanding the modifications referred to under points 2.3, 2.4, 2.5 and 2.6, during a transitional period that will end on 31 December 1995, the competent authorities of the Republic of Azerbaijan shall be authorized to continue issuing the forms that were in use in 1994.

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 V).

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 Council of the Republic of Azerbaijan

Appendix I

ANNEX TO PROTOCOL A, ARTICLE 2 (1)

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Appendix II

ANNEX TO PROTOCOL A, ARTICLE 7 (1): MODEL 1

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Appendix III

ANNEX TO PROTOCOL A, ARTICLE 7 (3): MODEL 2

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Appendix IV

ANNEX TO PROTOCOL B

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Appendix V

Exchange of Notes

The Ministry of Foreign Affairs of the Republic of Azerbaijan 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 the Republic of Azerbaijan and the European Economic Community initialled on 20 September 1993 as amended by the Exchange of Letters initialled on 18 December 1995.

The Ministry of Foreign Affairs of the Republic of Azerbaijan 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 the Republic of Azerbaijan 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 Ministry of Foreign Affairs of the Republic of Azerbaijan 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.