EN Official Journal of the European Union 166

21995A0426(03)



OFFICIAL JOURNAL OF THE EUROPEAN UNION

AGREEMENT

in the form of an exchange of letters between the European Community and the Republic of Belarus amending the Agreement between the European Economic Community and the Republic of Belarus on trade in textile products to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union

Sir,

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

2. In order to take into account the expected 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 Belarus 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. Figures in Annex II which set out the quantitative limits for exports from the Republic of Belarus to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter. 2.3. 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’ 2.4. The Annex of Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter. 2.5. The Annex to Protocol A, setting out the model 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. Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter. 2.8. Should one are more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the „Adjusted limits 1995” set out in the Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force. 2.9. Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of the Republic of Belarus shall be authorized to continue issuing the forms that were in use in 1994. 2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995.

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 IV).

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

For the Council of the European Union

Appendix I ANNEX II COMMUNITY QUANTITATIVE LIMITS Group Category Unit Existing limit 1995 Adjustement for Adjusted limit 1995 Sweden Finland Austria IA 1 tonnes 964 24 11 20 1 018 IA 2 tonnes 2 250 112 15 28 2 404 IA 2a tonnes 321 90 4 8 424 IA 3 tonnes 97 13 6 11 126 IB 4 1 000 pieces 394 93 42 77 607 IB 5 1 000 pieces 321 37 17 31 406 IB 6 1 000 pieces 176 41 19 34 270 IB 7 1 000 pieces 152 29 13 24 217 IB 8 1 000 pieces 207 40 18 33 297 IIA 9 tonnes 181 17 8 14 220 IIA 20 tonnes 151 25 11 21 209 IIA 22 tonnes 131 36 16 30 214 IIA 23 tonnes 97 18 8 15 138 IIA 39 tonnes 66 11 5 9 91 IIB 12 1 000 pieces 1 654 276 124 234 2 288 IIB 13 1 000 pieces 895 285 128 420 1 728 IIB 15 1 000 pieces 75 21 9 17 123 IIB 16 1 000 pieces 58 6 3 5 72 IIB 21 1 000 pieces 100 40 18 33 191 IIB 24 1 000 pieces 236 55 25 46 361 IIB 26/27 1 000 pieces 141 66 30 55 292 IIB 29 1 000 pieces 38 9 4 8 59 IIB 73 1 000 pieces 104 13 6 11 134 IIB 83 tonnes 68 6 3 5 82 IIIA 33 tonnes 83 65 29 54 231 IIIA 36 tonnes 612 24 11 20 667 IIIA 37 tonnes 103 67 30 55 254 IIIA 50 tonnes 55 8 4 7 74 IIIB 67 tonnes 118 35 16 29 198 IIIB 74 1 000 pieces 130 28 12 23 193 IIIB 90 tonnes 61 20 9 17 107 IV 115 tonnes 29 10 5 9 53 IV 117 tonnes 386 7 3 6 402 IV 118 tonnes 99 5 2 10 117

Appendix V ANNEX TO PROTOCOL C OUTWARD PROCESSING TRAFFIC Community quantitative limits Group Category Unit Existing limit 1995 Adjustement for Adjusted limit 1995 Sweden Finland Austria IB 4 1 000 pieces 2 051 60 27 49 2 186 IB 5 1 000 pieces 2 849 83 37 68 3 037 IB 6 1 000 pieces 3 305 96 43 79 3 523 IB 7 1 000 pieces 2 507 73 33 60 2 672 IB 8 1 000 pieces 342 10 4 8 365 IIB 12 1 000 pairs 1 849 54 24 44 1 971 IIB 13 1 000 pieces 218 6 3 5 232 IIB 15 1 000 pieces 1 083 31 14 26 1 154 IIB 16 1 000 pieces 337 10 4 8 359 IIB 21 1 000 pieces 684 20 9 16 729 IIB 24 1 000 pieces 231 7 3 6 246 IIB 26/27 1 000 pieces 1 083 31 14 26 1 154 IIB 29 1 000 pieces 393 11 5 9 419 IIB 73 1 000 pieces 2 165 63 28 52 2 308 IIB 83 tonnes 328 10 4 8 350 IIIB 74 1 000 pieces 393 11 5 9 419

Appendix VI Exchange of notes The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Embassy of the Republic of Belarus and has the honour to refer to the Agreement on trade in textile products between the Republic of Belarus and the European Economic Community initialled on 1 April 1993 as amended by the exchange of letters initialled on (date of initialling). The Directorate-General wishes to inform the Embassy 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 for External Economic Relations would be grateful if the Embassy of the Republic of Belarus 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 Embassy of the Republic of Belarus the assurance of its highest consideration. The Embassy of the Republic of Belarus 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 verbal) regarding the Agreement on trade in textile products between the Republic of Belarus and the European Economic Community initialled on 1 April 1993 as amended by the exchange of letters initialled on (date of initialling). The Embassy 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 adapted Agreement, the Government of the Republic of Belarus 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 Embassy of the Republic of Belarus 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.

Sir,

I have the honour to acknowledge receipt of your letter of …, which reads as follow:

‘Sir, 1. I have the honour to refer to the Agreement between the European Economic Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993. 2. In order to take into account the expected 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 Belarus 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. Figures in Annex II which set out the quantitative limits for exports from the Republic of Belarus to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter. 2.3. 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” 2.4. The Annex of Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter. 2.5. The Annex to Protocol A, setting out the model 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. Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter. 2.8. Should one are more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the «Adjusted limits 1995» set out in the Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force. 2.9. Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of the Republic of Belarus shall be authorized to continue issuing the forms that were in use in 1994. 2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995. 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 IV). 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 Belarus

Appendix I ANNEX II COMMUNITY QUANTITATIVE LIMITS Group Category Unit Existing limit 1995 Adjustement for Adjusted limit 1995 Sweden Finland Austria IA 1 tonnes 964 24 11 20 1 018 IA 2 tonnes 2 250 112 15 28 2 404 IA 2a tonnes 321 90 4 8 424 IA 3 tonnes 97 13 6 11 126 IB 4 1 000 pieces 394 93 42 77 607 IB 5 1 000 pieces 321 37 17 31 406 IB 6 1 000 pieces 176 41 19 34 270 IB 7 1 000 pieces 152 29 13 24 217 IB 8 1 000 pieces 207 40 18 33 297 IIA 9 tonnes 181 17 8 14 220 IIA 20 tonnes 151 25 11 21 209 IIA 22 tonnes 131 36 16 30 214 IIA 23 tonnes 97 18 8 15 138 IIA 39 tonnes 66 11 5 9 91 IIB 12 1 000 pieces 1 654 276 124 234 2 288 IIB 13 1 000 pieces 895 285 128 420 1 728 IIB 15 1 000 pieces 75 21 9 17 123 IIB 16 1 000 pieces 58 6 3 5 72 IIB 21 1 000 pieces 100 40 18 33 191 IIB 24 1 000 pieces 236 55 25 46 361 IIB 26/27 1 000 pieces 141 66 30 55 292 IIB 29 1 000 pieces 38 9 4 8 59 IIB 73 1 000 pieces 104 13 6 11 134 IIB 83 tonnes 68 6 3 5 82 IIIA 33 tonnes 83 65 29 54 231 IIIA 36 tonnes 612 24 11 20 667 IIIA 37 tonnes 103 67 30 55 254 IIIA 50 tonnes 55 8 4 7 74 IIIB 67 tonnes 118 35 16 29 198 IIIB 74 1 000 pieces 130 28 12 23 193 IIIB 90 tonnes 61 20 9 17 107 IV 115 tonnes 29 10 5 9 53 IV 117 tonnes 386 7 3 6 402 IV 118 tonnes 99 5 2 10 117

Appendix V ANNEX TO PROTOCOL C OUTWARD PROCESSING TRAFFIC Community quantitative limits Group Category Unit Existing limit 1995 Adjustement for Adjusted limit 1995 Sweden Finland Austria IB 4 1 000 pieces 2 051 60 27 49 2 186 IB 5 1 000 pieces 2 849 83 37 68 3 037 IB 6 1 000 pieces 3 305 96 43 79 3 523 IB 7 1 000 pieces 2 507 73 33 60 2 672 IB 8 1 000 pieces 342 10 4 8 365 IIB 12 1 000 pairs 1 849 54 24 44 1 971 IIB 13 1 000 pieces 218 6 3 5 232 IIB 15 1 000 pieces 1 083 31 14 26 1 154 IIB 16 1 000 pieces 337 10 4 8 359 IIB 21 1 000 pieces 684 20 9 16 729 IIB 24 1 000 pieces 231 7 3 6 246 IIB 26/27 1 000 pieces 1 083 31 14 26 1 154 IIB 29 1 000 pieces 393 11 5 9 419 IIB 73 1 000 pieces 2 165 63 28 52 2 308 IIB 83 tonnes 328 10 4 8 350 IIIB 74 1 000 pieces 393 11 5 9 419