21996A0330(15)
1996 3 30 EUROPOS BENDRIJŲ OFICIALUSIS LEIDINYS L 81/286
AGREEMENT
in the form of an Exchange of Letters amending the Additional Protocol to th e Europe Agreement on
Trade in Textile Products between the European Community and Romania
Letter from the Council of the European Union
Sir,
1. I have the honour to refer to the negotiations held on 30–31 October 1995 b etween our respective
Delegations with a view to amending the Additional Protocol on trade in tex tile products between the
EuropeanCommunityandRomania,appliedsince1May1993,aslastamendedb ytheAgreementintheform
of an Exchange of Letters initialled on 2 December 1994. These negotiation s were held in the context of
Article 1, paragraph 3, of the aforesaid Additional Protocol.
2. During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol has,
in general, been implemented.
3. In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
Additional Protocol as follows:
3.1.
The first subparagraph of Article 2, paragraph 3 of the Protocol is replace d by the following:
„3. The origin of the products covered by this Protocol shall be determined in accordance with the rules of
non-preferential origin in force in the Community.“
3.2.
Article 2, paragraph 3 of Appendix A is replaced by the following:
„Thecertificateoforiginreferredtoinparagraph1aboveisnotrequired fortheimportationofgoodscovered
by a movement certificate EUR1 or a form EUR2 issued in conformity with Prot ocol No 4 to the Europe
AgreementincaseswherethosedocumentsclearlyestablishthatRomaniai stobeconsideredasthecountry
of origin on the basis of the rules on non-preferential origin in force in th e Community.“
3.3.
Annex II (EU direct quotas) is replaced by Appendix 1 attached.
3.4. The Annex to Appendix B concerning outward processing traffic is repl aced by Appendix 2 attached (OPT
quotas).
4. IshouldbeobligedifyouwouldkindlyconfirmtheacceptanceofyourGov ernmentoftheforegoing.Should
thisbethecase,thisletter,completedbyitsAppendices,AgreedMinutes andyourwrittenconfirmation,will
constitute an Agreement in the form of an Exchange of Letters between the Co mmunity and Romania. This
Agreement shall enter into force on the first day of the month following tha t in which the European
CommunityandRomanianotifyeachotherthattheyhavecompletedtheneces saryinternalprocedurestothis
effect. In the meantime, the amendments to the Additional Protocol will ap ply on a provisional basis from
1 January 1996, on the conditions to be specified in an Exchange of Notes (se e Appendix 3), provided that
they are applied on a reciprocal basis.
Please accept, Sir, the assurance of my highest consideration.
For the Council of the European Union50 LT Europos Sąjungos oficialusis leidinys 11/24 t.
Appendix 1
ANNEX II
(The full product descriptions of the categories listed in this Annex are t o be found in Annex I to the Protocol)
COMMUNITY QUANTITATIVE LIMITS
(in tonnes or 1 000 pieces)
Category Unit 1996 1997
2 tonnes 6 869 7 006
2a tonnes 4 024 4 1043 tonnes 3 158 3 3164 pieces (
*) 29 568 30 751
5 pieces 19 212 20 0776 pieces (
*) 8 919 9 320
7 pieces 2 332 2 4378 pieces 11 404 11 746
12 pairs 57 145 60 00214 pieces 1 955 2 07215 pieces 3 074 3 25817 pieces 2 051 2 17420 tonnes 2 601 2 75724 pieces 12 225 12 958
118 tonnes 1 011 1 071
(*) For the purpose of setting off exports against the agreed quantitative li mits a conversion rate of 5 garments (other than babies’ garments) of a
maximumcommercialsizeof130cm,for3garmentswhosecommercialsizeexc eeds130cmmaybeappliedforupt o5%ofthe quantitative
limits. The export licence concerning these products must bear, in box 9, t he words „The commercial rate for garments of a commercial size
of not more than 130 cm must be applied“.11/24 t. LT Europos Sąjungos oficialusis leidinys 51
Appendix 2
ANNEX TO APPENDIX B
(The full product descriptions of the categories listed in this Annex are t o be found in Annex I to the Protocol)
OUTWARD PROCESSING TRAFFIC
Community quantitative limits
(in 1 000 pieces)
Category Unit 1996 1997
4 pieces 6 650 7 049
5 pieces 12 077 12 8926 pieces 18 117 19 3407 pieces 13 588 14 5058 pieces 19 121 19 981
12 pairs 13 105 14 08814 pieces 4 019 4 38115 pieces 9 644 10 51217 pieces 5 624 6 13024 pieces 6 430 7 00952 LT Europos Sąjungos oficialusis leidinys 11/24 t.
Appendix 3
Exchange of Notes
The Directorate-General I of the Commission of the European Communities p resents its compliments to the
Mission of Romania to the European Communities and has the honour to refer t o the Additional Protocol to the
EuropeAgreementonTradeinTextileProductsbetweenRomaniaandtheEuro peanCommunityinitialledon30
April 1993, as last amended by the Exchange of Letters initialled on 31 Octo ber 1995.
The Directorate-General wishes to inform the Mission of Romania that whil st awaiting the completion of the
necessaryproceduresfortheconclusionandcomingintoforceoftheamend edAdditionalProtocol,theEuropean
Community is prepared to allow the provisions of the Agreement to apply de factofrom 1 January 1996. This is
ontheunderstandingthateitherPartymayatanytimeterminatethis defactoapplicationoftheamendedAdditional
Protocol provided that six months notice is given.
TheDirectorate-GeneralwouldbegratefuliftheMissionofRomaniawould confirmitsagreementtotheforegoing.
The Directorate-General I of the Commission of the European Communities a vails itself of this opportunity to
renew to the Mission of Romania to the European Communities the assurance o f its highest consideration.
The Mission of Romania to the European Communities presents its complimen ts to the Directorate-General I of
theCommissionoftheEuropeanCommunitiesandhasthehonourtorefertoth eNoteoftheDirectorate-General
of (date of Note Verbale ) regarding the Additional Protocol to the Europe Agreement on Trade in Tex tile Products
between Romania and the European Community initialled on 30 April 1993, as last amended by the Exchange
of Letters initialled on 31 October 1995.The Mission of Romania wishes to confirm to the Directorate-General that w hilst awaiting the completion of the
necessary procedures for the conclusion and coming into force of the amend ed Additional Protocol, the
Government of Romania is prepared to allow the provisions of the Agreement to applyde factofrom 1 January
1996. This is on the understanding that either Party may at any time termina te thisde factoapplication of the
amended Additional Protocol provided that six months notice is given.The Mission of Romania to the European Communities avails itself of this op portunity to renew to the
Directorate-GeneralIoftheCommissionoftheEuropeanCommunitiesthea ssuranceofitshighestconsideration.11/24 t. LT Europos Sąjungos oficialusis leidinys 53
Letter from the Government of Romania
Sir,
I have the honour to acknowledge receipt of your letter of …………………………… whic h reads as follows:
„Sir,
1. I have the honour to refer to the negotiations held on 30–31 October 1995 b etween our respective
Delegations with a view to amending the Additional Protocol on trade in tex tile products between the
EuropeanCommunityandRomania,appliedsince1May1993,aslastamendedb ytheAgreementinthe
formofanExchangeofLettersinitialledon2Decembe1994.Thesenegotiat ionswereheldinthecontext
of Article 1, paragraph 3, of the aforesaid Additional Protocol.
2. During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol
has, in general, been implemented.
3. In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
Additional Protocol as follows:
3.1.
The first subparagraph of Article 2, paragraph 3 of the Protocol is replace d by the following:
„3. The origin of the products covered by this Protocol shall be determined in accordance with the rules
of non-preferential origin in force in the Community.“
3.2.
Article 2, paragraph 3 of Appendix A is replaced by the following:
„The certificate of origin referred to in paragraph 1 above is not required for the importation of goods
covered by a movement certificate EUR1 or a form EUR2 issued in conformity w ith Protocol 4 to the
EuropeAgreementincaseswherethosedocumentsclearlyestablishthatRo maniaistobeconsideredas
the country of origin on the basis of the rules on non-preferential origin i n force in the Community.“
3.3.
Annex II (EU direct quotas) is replaced by Appendix 1 attached.
3.4.
TheAnnextoAppendixBconcerningoutwardprocessingtrafficisreplaced byAppendix2attached(OPT
quotas).
4.
I should be obliged if you would kindly confirm the acceptance of your Gover nment of the foregoing.
Should this be the case, this letter, completed by its Appendices, Agreed M inutes and your written
confirmation,willconstituteanAgreementintheformofanExchangeofLe ttersbetweentheCommunity
andRomania.ThisAgreementshallenterintoforceonthefirstdayofthemo nthfollowingthatinwhich
theEuropeanCommunityandRomanianotifyeachotherthattheyhavecomple tedthenecessaryinternal
procedures to this effect. In the meantime, the amendments to the Addition al Protocol will apply on
a provisional basis from 1 January 1996, on the conditions to be specified i n an Exchange of Notes (see
Appendix 3), provided that they are applied on a reciprocal basis.
Please accept, Sir, the assurance of my highest consideration.“
I have the honour to confirm that my Government is in agreement with the cont ents of your letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of Romania54 LT Europos Sąjungos oficialusis leidinys 11/24 t.
Appendix 1
ANNEX II
(The full product descriptions of the categories listed in this Annex are t o be found in Annex I to the Protocol)
COMMUNITY QUANTITATIVE LIMITS
(in tonnes or 1 000 pieces)
Category Unit 1996 1997
2 tonnes 6 869 7 006
2a tonnes 4 024 4 1043 tonnes 3 158 3 3164 pieces (
1) 29 568 30 751
5 pieces 19 212 20 0776 pieces (
1) 8 919 9 320
7 pieces 2 332 2 4378 pieces 11 404 11 746
12 pairs 57 145 60 00214 pieces 1 955 2 07215 pieces 3 074 3 25817 pieces 2 051 2 17420 tonnes 2 601 2 75724 pieces 12 225 12 958
118 tonnes 1 011 1 071
(1) For the purpose of setting off exports against the agreed quantitative li mits a conversion rate of 5 garments (other than babies’ garments) of a
maximum commercial size of 130 cm, for 3 garments whose commercial size exc eeds 130 cm may be applied for up t o5%o ft h e quanti-
tativelimits.Theexportlicenceconcerningtheseproductsmustbear,in box9,thewords„Thecommercialrateforgarmentsofacommercial
size of not more than 130 cm must be applied“.11/24 t. LT Europos Sąjungos oficialusis leidinys 55
Appendix 2
ANNEX TO APPENDIX B
(The full product descriptions of the categories listed in this Annex are t o be found in Annex I to the Protocol)
OUTWARD PROCESSING TRAFFIC
Community quantitative limits
(in 1 000 pieces)
Category Unit 1996 1997
4 pieces 6 650 7 049
5 pieces 12 077 12 8926 pieces 18 117 19 3407 pieces 13 588 14 5058 pieces 19 121 19 981
12 pairs 13 105 14 08814 pieces 4 019 4 38115 pieces 9 644 10 51217 pieces 5 624 6 13024 pieces 6 430 7 00956 LT Europos Sąjungos oficialusis leidinys 11/24 t.
Appendix 3
Exchange of Notes
The Directorate-General I of the Commission of the European Communities p resents its compliments to the
Mission of Romania to the European Communities and has the honour to refer t o the Additional Protocol to the
EuropeAgreementonTradeinTextileProductsbetweenRomaniaandtheEuro peanCommunityinitialledon30
April 1993, as last amended by the Exchange of Letters initialled on 31 Octo ber 1995.
The Directorate-General wishes to inform the Mission of Romania that whil st awaiting the completion of the
necessaryproceduresfortheconclusionandcomingintoforceoftheamend edAdditionalProtocol,theEuropean
Community is prepared to allow the provisions of the Agreement to apply de factofrom 1 January 1996. This is
ontheunderstandingthateitherPartymayatanytimeterminatethis defactoapplicationoftheamendedAdditional
Protocol provided that six months notice is given.
TheDirectorate-GeneralwouldbegratefuliftheMissionofRomaniawould confirmitsagreementtotheforegoing.
The Directorate-General I of the Commission of the European Communities a vails itself of this opportunity to
renew to the Mission of Romania to the European Communities the assurance o f its highest consideration.
The Mission of Romania to the European Communities presents its complimen ts to the Directorate-General I of
theCommissionoftheEuropeanCommunitiesandhasthehonourtorefertoth eNoteoftheDirectorate-General
of (date of Note Verbale ) regarding the Additional Protocol to the Europe Agreement on Trade in Tex tile Products
between Romania and the European Community initialled on 30 April 1993, as last amended by the Exchange
of Letters initialled on 31 October 1995.The Mission of Romania wishes to confirm to the Directorate-General that w hilst awaiting the completion of the
necessary procedures for the conclusion and coming into force of the amend ed Additional Protocol, the
Government of Romania is prepared to allow the provisions of the Agreement to applyde factofrom 1 January
1996. This is on the understanding that either Party may at any time termina te thisde factoapplication of the
amended Additional Protocol provided that six months notice is given.The Mission of Romania to the European Communities avails itself of this op portunity to renew to the
Directorate-GeneralIoftheCommissionoftheEuropeanCommunitiesthea ssuranceofitshighestconsideration.
Declaration of the Commission
Inthecontextoftheconsultationsheldon30–31October1995inaccordanc ewithArticle1(3)oftheAdditional
ProtocolontradeintextilesproductsbetweentheEuropeanCommunityand Romania,appliedsince1May1993,
theCommissionnotedtheconcernexpressedbytheRomaniandelegationinr elationtothelevelofutilisationof
priorauthorisationsissuedforOPTpurposesanddeclareditswillingnes stoexaminethematterintheappropriate
forum with Member States in due course, and to inform the Romanian authorit ies accordingly.11/24 t. LT Europos Sąjungos oficialusis leidinys 57