EN Official Journal of the European Union 61

21996A0330(12)



OFFICIAL JOURNAL OF THE EUROPEAN UNION

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Republic of Belarus concerning the renewal of the Agreement between the European Community and the Republic of Belarus on trade in textile products

Sir,

1. I have the honour to refer to the negotiations held on 6 and 7 November 1995 between our respective Delegations with a view to renew the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 21 December 1994.

2. As a result of these negotiations, both Parties agreed to amend the following provisions of the Agreement: 2.1. Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community is replaced for the period 1 January 1996 to 31 December 1999 by Appendix 1 to this letter. 2.2. The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period 1 January 1996 to 31 December 1999 by Appendix 2 to this letter. 2.3. The second and third sentence of Article 19, paragraph 1, are replaced by the following text: „It shall be applicable until 31 December 1998. Thereafter, the application of all the provisions of this Agreement shall be extended automatically for a period of one more year up to 31 December 1999, unless either Party notifies the other at least six months before 31 December 1998, that it does not agree with this extension.”

3. Should the Republic of Belarus become a Member to the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2, paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed Minute No 6 shall continue to be applicable as administrative arrangements within the meaning of Article 2, paragraph 17 of the WTO Agreement on Textiles and Clothing.

4. 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 1996 on the conditions to be specified in an Exchange of Notes (see Appendix 3).

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

For the Council of the European Union

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 1996 1997 1998 1999 1 tonnes 1 125 1 164 1 205 1 247 2 tonnes 2 820 2 919 3 021 3 127 2a tonnes 500 518 536 554 3 tonnes 158 164 169 175 4 1 000 pieces. 671 701 733 766 5 1 000 pieces. 570 596 622 650 6 1 000 pieces. 298 311 325 340 7 1 000 pieces. 400 418 437 456 8 1 000 pieces. 390 408 426 445 9 tonnes 243 254 265 277 20 tonnes 231 239 247 256 22 tonnes 255 269 284 299 23 tonnes 164 172 181 190 39 tonnes 130 137 143 150 12 1 000 pairs 3 800 3 990 4 190 4 399 13 1 000 pieces. 1 910 1 967 2 026 2 087 15 1 000 pieces. 493 515 538 563 16 1 000 pieces. 81 85 89 94 21 1 000 pieces. 515 538 562 588 24 1 000 pieces. 393 413 433 455 26/27 1 000 pieces. 615 643 672 702 29 1 000 pieces. 140 146 151 157 73 1 000 pieces. 148 155 162 169 83 tonnes 90 93 95 98 33 tonnes 255 266 278 291 36 tonnes 760 802 846 892 37 tonnes 300 315 331 347 50 tonnes 82 86 90 95 67 tonnes 218 229 240 252 74 1 000 pieces. 214 223 231 241 90 tonnes 128 134 141 148 115 tonnes 57 60 63 66 117 tonnes 580 609 639 671 118 tonnes 270 284 298 313

Appendix 2 ANNEX TO PROTOCOL C (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement) OPT QUOTAS Community quantitative limits Category Unit 1996 1997 1998 1999 4 4 000 pieces. 2 615 2 792 2 980 3 181 5 1 000 pieces. 3 648 3 894 4 157 4 438 6 1 000 pieces. 4 451 4 751 5 072 5 415 7 1 000 pieces. 3 302 3 525 3 763 4 017 8 1 000 pieces. 1 099 1 173 1 252 1 337 12 1 000 pairs 2 365 2 542 2 733 2 938 13 1 000 pieces. 279 292 305 318 15 1 000 pieces. 1 908 2 037 2 174 2 321 16 1 000 pieces. 453 480 509 540 21 1 000 pieces. 1 421 1 517 1 619 1 729 24 1 000 pieces. 295 317 341 366 26/27 1 000 pieces. 1 537 1 641 1 751 1 870 29 1 000 pieces. 752 797 845 896 73 1 000 pieces. 2 768 2 955 3 154 3 367 83 tonnes 420 439 459 479 74 1 000 pieces. 503 533 565 599

Appendix 3 Exchange of Notes The Directorate-General I of the Commission of the European Communities presents its compliments to the Mission of the Republic of Belarus to the European Communities and has the honour to refer to the Agreement on Trade in Textile Products between the Republic of Belarus and the European Community initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 7 November 1995. The Directorate-General wishes to inform the Mission of the Republic of Belarus 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 would be grateful if the Mission of the Republic of Belarus would confirm its agreement to the foregoing. The Directorate-General I of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of the Republic of Belarus to 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 negotiations held on 6 and 7 November 1995 between our respective Delegations with a view to renew the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 21 December 1994.

2. As a result of these negotiations, both Parties agreed to amend the following provisions of the Agreement: 2.1. Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community is replaced for the period 1 January 1996 to 31 December 1999 by Appendix 1 to this letter. 2.2. The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period 1 January 1996 to 31 December 1999 by Appendix 2 to this letter. 2.3. The second and third sentence of Article 19, paragraph 1, are replaced by the following text: «It shall be applicable until 31 December 1998. Thereafter, the application of all the provisions of this Agreement shall be extended automatically for a period of one more year up to 31 December 1999, unless either Party notifies the other at least six months before 31 December 1998, that it does not agree with this extension.»

3. Should the Republic of Belarus become a Member to the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2, paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed Minute No 6 shall continue to be applicable as administrative arrangements within the meaning of Article 2, paragraph 17 of the WTO Agreement on Textiles and Clothing.

4. 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 1996 on the conditions to be specified in an Exchange of Notes (see Appendix 3).

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 the Republic of Belarus

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 1996 1997 1998 1999 1 tonnes 1 125 1 164 1 205 1 247 2 tonnes 2 820 2 919 3 021 3 127 2a tonnes 500 518 536 554 3 tonnes 158 164 169 175 4 1 000 pieces. 671 701 733 766 5 1 000 pieces. 570 596 622 650 6 1 000 pieces. 298 311 325 340 7 1 000 pieces. 400 418 437 456 8 1 000 pieces. 390 408 426 445 9 tonnes 243 254 265 277 20 tonnes 231 239 247 256 22 tonnes 255 269 284 299 23 tonnes 164 172 181 190 39 tonnes 130 137 143 150 12 1 000 pairs 3 800 3 990 4 190 4 399 13 1 000 pieces. 1 910 1 967 2 026 2 087 15 1 000 pieces. 493 515 538 563 16 1 000 pieces. 81 85 89 94 21 1 000 pieces. 515 538 562 588 24 1 000 pieces. 393 413 433 455 26/27 1 000 pieces. 615 643 672 702 29 1 000 pieces. 140 146 151 157 73 1 000 pieces. 148 155 162 169 83 tonnes 90 93 95 98 33 tonnes 255 266 278 291 36 tonnes 760 802 846 892 37 tonnes 300 315 331 347 50 tonnes 82 86 90 95 67 tonnes 218 229 240 252 74 1 000 pieces. 214 223 231 241 90 tonnes 128 134 141 148 115 tonnes 57 60 63 66 117 tonnes 580 609 639 671 118 tonnes 270 284 298 313

Appendix 2 ANNEX TO PROTOCOL C (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement) OPT QUOTAS Community quantitative limits Category Unit 1996 1997 1998 1999 4 4 000 pieces. 2 615 2 792 2 980 3 181 5 1 000 pieces. 3 648 3 894 4 157 4 438 6 1 000 pieces. 4 451 4 751 5 072 5 415 7 1 000 pieces. 3 302 3 525 3 763 4 017 8 1 000 pieces. 1 099 1 173 1 252 1 337 12 1 000 pairs 2 365 2 542 2 733 2 938 13 1 000 pieces. 279 292 305 318 15 1 000 pieces. 1 908 2 037 2 174 2 321 16 1 000 pieces. 453 480 509 540 21 1 000 pieces. 1 421 1 517 1 619 1 729 24 1 000 pieces. 295 317 341 366 26/27 1 000 pieces. 1 537 1 641 1 751 1 870 29 1 000 pieces. 752 797 845 896 73 1 000 pieces. 2 768 2 955 3 154 3 367 83 tonnes 420 439 459 479 74 1 000 pieces. 503 533 565 599

Appendix 3 Exchange of Notes The Mission of the Republic of Belarus to the European Communities presents its compliments to the Directorate-General I 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 Belarus and the European Community initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 7 November 1995. The Mission of the Republic of Belarus 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 amended Agreement, the Government of the Republic of Belarus is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1996. 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 Mission of the Republic of Belarus to the European Communities avails itself of this opportunity to renew to the Directorate-General I of the Commission of the European Communities the assurance of its highest consideration.

RECORD OF NEGOTIATIONS Delegations of the European Community and of the Republic of Belarus met in Brussels on 6 and 7 November 1995 to hold negotiations with a view to renew the Agreement between the European Community and the Republic of Belarus on Trade in Textile Products initialled on 1 April 1993, as last amended and extended by an Exchange of Letters on 21 December 1994. As a result of these negotiations both Parties initialled an Agreement in the form of an Exchange of Letters, a copy of which is annexed to the present Record of Negotiations. During the negotiations the Delegation of the European Community requested the Delegation of the Republic of Belarus to give assurances that the customs duties presently applicable to imports into the Republic of Belarus of textile and clothing products originating in the European Community would not be increased, and furthermore requested a reduction in customs duties applicable to carpets originating in the European Community. In response the Delegation of the Republic of Belarus issued the statement in Annex 2. The negotiations took place in a spirit of cooperation and in a friendly atmosphere. Brussels, 7 November 1995 For the Delegation of the Republic of Belarus For the Delegation of the European Community