AGREEMENT in the form of exchange of letters amending the Agreement between the European Economic Community and the Federative Republic of Brazil on trade in textile products

Letter No 1

Brussels, 20 December 1991

Sir,

1. I have the honour to refer to the consultations held on 11 and 12 November and 20 December 1991 between our respective delegations for the purpose of amending the Agreement on trade in textile products between the European Economic Community and the Federative Republic of Brazil, initialled on 12 September 1986 and applied since 1 January 1987.

2. As a result of these consultations, both Parties agreed to amend Article 17 (1) of the above Agreement so as to extend the period of application of all the provisions of the Agreement for three more months i.e. until 31 March 1992. Consequently, the Parties also agreed to amend Annex II to the Agreement as regards the quantitative limits for exports from the Federative Republic of Brazil to the Community of the textile products referred thereto for the period January to March 1992. The modified Annex II is appended to this letter (Appendix 1).

3. Both Parties agreed that this extension of the Agreement shall enter into force on 1 January 1992 and shall remain in force until 31 March 1992. Meanwhile, the Parties will consult in order to reach an agreement on the extension of the Agreement for the whole of 1992. The Parties agreed that this Agreement in the form of an exchange of letters shall be applied provisionally from 1 January 1992.

4. I should be obliged if you would kindly confirm the acceptance of your Government to the foregoing.

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

For the Council of the European Communities

Appendix 1

'ANNEX II

(the full product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)

COMMUNITY QUANTITATIVE LIMITS

Category Unit 1992 1 tonnes 8 748 2 tonnes 4 722 2 (a) tonnes 993 3 tonnes 503 6 (1) 1 000 pieces 715 9 tonnes 1 515 20 tonnes 928 39 tonnes 729 46 tonnes 4 195

(1) For the purpose of setting off exports against the agreed 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.

REGIONAL LIMITS

Category Unit 1992 4 1 000 pieces F 116 I 1 278 UK 821 13 1 000 pieces ES 95 PT 16'

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of 20 December 1991, which reads as follows:

'1. I have the honour to refer to the consultations held on 11 and 12 November and 20 December 1991 between our respective delegations for the purpose of amending the Agreement on trade in textile products between the European Economic Community and the Federative Republic of Brazil, initialled on 12 September 1986 and applied since 1 January 1987.

2. As a result of these consultations, both Parties agreed to amend Article 17 (1) of the above Agreement so as to extend the period of application of all the provisions of the Agreement for three more months i.e. until 31 March 1992. Consequently, the Parties also agreed to amend Annex II to the Agreement as regards the quantitative limits for exports from the Federative Republic of Brazil to the Community of the textile products referred thereto for the period January to March 1992. The modified Annex II is appended to this letter (Appendix 1).

3. Both Parties agreed that this extension of the Agreement shall enter into force on 1 January 1992 and shall remain in force until 31 March 1992. Meanwhile, the Parties will consult in order to reach an agreement on the extension of the Agreement for the whole of 1992. The Parties agreed that this Agreement in the form of an exchange of letters shall be applied provisionally from 1 January 1992.

4. I should be obliged if you would kindly confirm the acceptance of your Government to the foregoing.'

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 the Federative Republic of Brazil

Appendix 1

'ANNEX II

(the full product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)

COMMUNITY QUANTITATIVE LIMITS

Category Unit 1992 1 tonnes 8 748 2 tonnes 4 722 2 (a) tonnes 993 3 tonnes 503 6 (1) 1 000 pieces 715 9 tonnes 1 515 20 tonnes 928 39 tonnes 729 46 tonnes 4 195

(1) For the purpose of setting off exports against the agreed 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.

REGIONAL LIMITS

Category Unit 1992 4 1 000 pieces F 116 I 1 278 UK 821 13 1 000 pieces ES 95 PT 16'

Exchange of notes between the Commission of the European Communities and the Federative Republic of Brazil

Note from the Commission

The Directorate-General for External Relations of the Commission of the European Communities presents its compliments to the Mission of the Federative Republic of Brazil with the European Communities and has the honour to refer to the Agreement on trade in textile products negotiated between the Federative Republic of Brazil and the Community, initialled on 12 September 1986 and applied since 1 January 1987, as extended by the exchange of letters initialled on 20 December 1991.

The Directorate-General wishes to inform the Mission that whilst awaiting the completion of the necessary procedures for the conclusion and the coming into force of the extended Agreement, the Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1992. This is on the understanding that either Party may at any time terminate this de facto application of the extended Agreement provided that 60 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 Federative Republic of Brazil to the European Communities the assurance of its highest consideration.

Note from Brazil

The Mission of the Federative Republic of Brazil to the European Communities presents its compliments to the Directorate-General for External Relations of the Commission of the European Communities and has the honour to refer to the Directorate-General's note regarding the Agreement on trade in textile products negotiated between the Federative Republic of Brazil and the Community, initialled on 12 September 1986 and applied since 1 January 1987, as extended by the exchange of letters initialled on 20 December 1991.

The Mission 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 extended Agreement, the Government of the Federative Republic of Brazil is prepared to allow the provisions of the extended Agreement to apply de facto from 1 January 1992. This is on the understanding that either Party may at any time terminate this de facto application of the extended Agreement provided that 60 days' notice is given.

The Mission of the Federative Republic of Brazil to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Relations the assurance of its highest consideration.