EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 6.01.2005 
COM(2004) 857 final 
2004/0293 (ACC)   
Proposal for a 
COUNCIL DECISION 
on the signing and the provisional applicat ion of the bilateral agreement between the 
European Community and Ukraine on trade in textile products 
(presented by the Commission) 
EN 2   EN EXPLANATORY MEMORANDUM  
In accordance with the Council mandate and the negotiating directives of 26 July 2004, the 
Commission has negotiated an agreement on the ex tension of the existing bilateral agreement 
between the European Community and Uk raine on trade in textile products. 
This agreement provides for an extension of th e present textile agreement (roll-over) until 31 
December 2005 with a tacit renewal for a pe riod of one more year. Double-checking 
(surveillance) is, how ever, no longer required. 
Pending the completion of the relevant proc edures, the Commissi on proposes that the 
Agreement shall be applied provisionally as from 1 January 2005, subj ect to reciprocity. 
The Council is invited to approve on behalf of the Community this proposal for a Council 
Decision on the signature and th e provisional application of the Agreement in the form of an 
Exchange of Letters amending the existing Agreement between the European Community and Ukraine on trade in textile products pending th e formal conclusion of that Agreement on 
behalf of the Community. 
EN 3   EN 2004/0293 (ACC) 
Proposal for a 
COUNCIL DECISION 
on the signing and the provisional applicat ion of the bilateral agreement between the 
European Community and Ukraine on trade in textile products 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
133 in conjunction with the first sentence of th e first subparagraph of Article 300 (2) thereof, 
Having regard to the proposal from the Commission, Whereas: (1) The Commission has negotiated on behalf of  the Community a bilateral agreement to 
extend the existing bilateral agreement on tr ade in textile products with Ukraine. 
(2) Subject to its possible c onclusion at a later date, the Agreement should be signed on 
behalf of the Community.  
(3) It is appropriate to apply this Agreemen t on a provisional basis as from 1 January 2005 
pending the completion of the relevant proc edures for its conclusion, subject to 
reciprocity. 
HAS DECIDED AS FOLLOWS:  
Article 1 
Subject to a possible conclusion at a later date, the Presiden t of the Council is hereby 
authorised to designate the persons empowered to sign on behalf of the European Community 
the Agreement on trade in textile products be tween the European Community and Ukraine.  
Article 2 
Subject to reciprocity, the Agreem ent referred to in Article 1 sh all be applied on a provisional 
basis as from 1 January 2005 pending the comple tion of the procedures for its conclusion. 
The text of the Agreement is annexed to this Decision. 
EN 4   EN Article 3 
The Commission may, in accordance with the pro cedure referred to in Art. 17 of Council 
Regulation (EC) 3030/93 on common rules for imports  of certain textile products from third 
countries1, adopt the measures foreseen in point 6 of the Exchange of letters signed on 19 
December 2000, consisting of reinstating the quota -regime applicable during the year 2000 in 
case of non-application by Ukraine of the tari ff rates described in paragraph 1.5 of the 
Exchange of Letters. 
Done at Brussels,  
 For the Council 
 The President 
                                                 
1 OJ L 275, 8.11.1993, as last amended by Council Regulation (EC) No 2200/2004 (OJ L 374, 
22.12.2004). 
EN 5   EN ANNEX  
AGREEMENT in the form of an Exchan ge of Letters between the European 
Community and Ukraine, represented by the Government of Ukraine, concerning the extension and amendment of the Agreeme nt between the European Economic 
Community and Ukraine on trade in textile products of 1993, as last amended by the 
Agreement in the form of an Exchange  of Letters signed on 19 December 2000 
Letter from the Council of the European Union  Sir, 
I have the honour to refer to the Agreement between the Eur opean Economic Community and 
Ukraine on trade in textile produc ts of 1993, as last amended by the Agreement in the form of 
an Exchange of Letters signed on 19 Dece mber 2000 (hereafter referred to as the 
‘Agreement’). 
1. According to Article 20(1), the Agreem ent shall only apply until 31 December 2004. 
The European Community proposes to extend  the duration of the Agreement, for a 
further period, subject to the fo llowing amendments and conditions: 
1.1. Annex I of the Agreement wh ich lists the products referre d to in Article 1 of the 
Agreement and also contains the categ ory and goods descriptions for textiles 
products, shall be replaced by Annex I to Council Regulation (EC) No 3030/93
2. 
Without prejudice to the general rules for the interpretati on of the combined 
nomenclature, the description of goods is only indicative, 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, th e products covered in each category are 
determined by the scope of the CN code a nd by that of the corre sponding description.  
1.2. Article 2, paragraph 1, second sentence and Ti tle III of Protocol A of the Agreement 
are repealed.  
1.3. The text of Article 20(1), second sentence, of the Agreement shall be replaced by the 
following: 
‘It shall be applicable until 31 December 2005.’  
1.4. In the text of Article 20(1), a th ird sentence shall be added as follows: 
‘Thereafter, the application of all of the provisions of this Agreement shall be 
extended automatically for a period of one more ye ar up to 31 December 2006, 
unless either Party notifies the other at least six months before 31 December 2005 
that it does not agree with this extension.’ 
1.5. The tariff rates applied by Ukraine to expor ts of EC origin of products of HS 
chapters 50-63 will not exceed the rates agr eed in the Exchange of letter signed on 19 
December 2000.  
                                                 
2 In 2004 this Annex was published in EU Official Journal L 51 of 20.2.2004.  
EN 6   EN 2. Should Ukraine become a Member of th e World Trade Organisation (WTO) before 
the date of the expiry of the Agreement, the Agreements and rules of the WTO shall be applied from the date of Ukraine’s accession to the WTO.  
3. I should be obliged if you could kindly  confirm your Government's acceptance of the 
foregoing. Should this be the case, this lette r together with your letter of acceptance 
will constitute an Agreement in  the form of an Exchange of Letters which shall enter 
into force on the first day of the month following the day on which the Parties have 
notified each other that the internal legal pr ocedures necessary to this end have been 
completed. In the meantime, it shall be a pplied provisionally fr om 1 January 2005 on 
conditions of reciprocity. 
 
Please accept, Sir, the assurance of my highest consideration. 
 
For the Council of the European Union 
EN 7   EN Letter from the Government of Ukraine 
Sir, 
I have the honour to confirm the receipt of  your letter dated __________, th e text of which is 
as follows: 
"Sir, I have the honour to refer to the Agreement between the Eur opean Economic Community and 
Ukraine on trade in textile produc ts of 1993, as last amended by the Agreement in the form of 
an Exchange of Letters signed on 19 Dece mber 2000 (hereafter referred to as the 
‘Agreement’). 
1. According to Article 20(1), the Agreem ent shall only apply until 31 December 2004. 
The European Community proposes to extend  the duration of the Agreement, for a 
further period, subject to the fo llowing amendments and conditions: 
1.1. Annex I of the Agreement wh ich lists the products referre d to in Article 1 of the 
Agreement and also contains the categ ory and goods descriptions for textiles 
products, shall be replaced by Annex I to Council Regulation (EC) No 3030/93
3. 
Without prejudice to the general rules for the interpretati on of the combined 
nomenclature, the description of goods is only indicative, 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, th e products covered in each category are 
determined by the scope of the CN code a nd by that of the corre sponding description. 
1.2. Article 2, paragraph 1, second sentence and Ti tle III of Protocol A of the Agreement 
are repealed.  
1.3. The text of Article 20(1), second sentence, of the Agreement shall be replaced by the 
following: 
‘It shall be applicable until 31 December 2005.’  
1.4. In the text of Article 20(1), a thir d sentence shall be added as follows: 
‘Thereafter, the application of all of the provisions of this Agreement shall be 
extended automatically for a period of one more ye ar up to 31 December 2006, 
unless either Party notifies the other at least six months before 31 December 2005 
that it does not agree with this extension.’ 
1.5. The tariff rates applied by Ukraine to expor ts of EC origin of products of HS 
chapters 50-63 will not exceed the rates agr eed in the Exchange of letter signed on 19 
December 2000.  
2. Should Ukraine become a Member of th e World Trade Organisation (WTO) before 
the date of the expiry of the Agreement, the Agreements and rules of the WTO shall be applied from the date of Ukraine’s accession to the WTO.  
                                                
 
3 In 2004 this Annex was published in EU Official Journal L51 of 20.2.2004. 
EN 8   EN 3. I should be obliged if you could kindly  confirm your Government's acceptance of the 
foregoing. Should this be the case, this letter  together your letter  of acceptance will 
constitute an Agreement in the form of an Exchange of Letters which shall enter into 
force on the first day of the month following the day on which the Parties have notified each other that the internal legal pr ocedures necessary to this end have been 
completed. In the meantime, it shall be a pplied provisionally fr om 1 January 2005 on 
conditions of reciprocity. 
 
Please accept, Sir, the assurance of my highest consideration." 
I have the honour to confirm that the Govern ment of Ukraine acknowledges the content of 
your letter.  
Please accept, Sir, the assurance of my highest consideration. 
For the Government of Ukraine