21994A0517(20)
17.5.1994 ÚRADNÝ VESTNÍK EURÓPSKYCH SPOLOČENSTIEV L 123/718
AGREEMENT
between the European Economic Community and Ukraine on trade in textile pr oducts
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
of the one part, andTHE GOVERNMENT OF UKRAINE,of the other part,
DESIRING to promote, with a view to permanent cooperation and in condition s providing every security for trade, the orderly
and equitable development of trade in textile products between the Europe an Economic Community (hereinafter referred to as
„the Community“) and Ukraine,RESOLVED to take the fullest possible account of the serious economic and s ocial problems at present affecting the textile
industryinbothimportingandexportingcountries,andinparticular,to eliminaterealrisksofmarketdisruptiononthemarket
of the Community and real risks of disruption to the textile trade of Ukrain e,
HAVE DECIDED to conclude this Agreement and to this end have designated as t heir plenipotentiaries:
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
THE GOVERNMENT OF UKRAINE,
WHO HAVE AGREED AS FOLLOWS:
Article 1
1.
Trade in textile products listed in Annex I and originating
withintheContractingPartiesshallbeliberalizedfortheduration
of this Agreement under the conditions set out therein.
2.
SubjecttotheprovisionsofthisoranysuccessiveAgreement,
the Community undertakes, in respect of the products listed inAnnex I, to suspend the application of quantitative importrestrictions currently in force and not to introduce newquantitative restrictions.
Quantitative import restrictions shall be re-introduced in case of
denunciation or non-replacement of the present Agreement.
3.
Measures having equivalent effect to quantitative restrictions
on the importation into the Community of the products listed inAnnex I shall be prohibited for the duration of this Agreement.
Article 2
1.
Ukraineagreestoestablishandmaintainforeachcalendaryear
quantitativelimitsonitsexportstotheCommunityinaccordance
withAnnexII.Suchexportsshallbesubjecttoadouble-checkingsystem as specified in Protocol A. 2. In administering the quantitative limits referred to in
paragraph 1, Ukraine shall ensure that the Community textileindustry shall benefit from utilization of the said limits.
More particularly, as regards categories 1, 2, 2a and 3, Ukraine
undertakes upon request from the Community to reserve, as apriority,50%ofthequantitativelimitsconcernedforCommunityindustryusersduringaperiodextendingbetween1Januaryto31May of each year. For this purpose, contracts made with theindustry during the periods in question shall be taken intoconsideration.
3.
To facilitate the implementation of these provisions the
Community shall provide the competent Ukrainian authorities,before the end of each year, with a list of interested Communitymanufacturers and processors and, if possible, of the quantity ofproductsrequestedforeachfirm.Tothisend,thefirmsconcernedare invited to make direct contact with the relevant Ukrainianenterprisesasearlyaspossibleduringthetworeservationperiodsmentioned in paragraph 2, in order to make their purchasingintentions known.
Article 3
1.
Imports into the Community of textile products covered by
this Agreement shall not be subject to the quantitative limitsestablished in Annex II, provided that they are declared to be for244 SK Úradný vestník Európskej únie 11/zv. 20
re-export outside the Community in the same state or after
processing,withintheframeworkoftheadministrativesystemofcontrol which exists within the Community.
However,thereleaseforhomeuseofproductsimportedintothe
Community under the conditions referred to above shall besubject to the production of an export licence issued by theauthorities of Ukraine, and to proof of origin in accordance withthe provisions of Protocol A.
2.
Where the Community authorities ascertain that imports of
textile products have been set off against a quantitative limit
established under this Agreement, but that the products havesubsequently been re-exported outside the Community, theauthorities shall inform the Ukrainian authorities within fourweeks of the quantities involved and authorize imports ofidenticalquantitiesofthesameproducts,whichshallnotbesetoffagainstthequantitativelimitestablishedunderthisAgreementforthe current or the following year, as appropriate.
3.
The Community and Ukraine recognize the special and
differential character of re-imports of textile products into the
Community after processing in Ukraine as a specific form ofindustrial and trade cooperation.
Providedthattheyareeffectedinaccordancewiththeregulations
on economic outward processing in force in the Community,these re-imports are not subject to the quantitative limits set outinAnnexIIwhentheyaresubjecttothespecificarrangementslaiddown in Protocol C.
Article 4
1.
In any Agreement year advance use of a portion of the
quantitativelimitestablishedforthefollowingAgreementyearisauthorized for each category of products up t o5%o ft h e
quantitative limit for the current Agreement year.
Amounts delivered in advance shall be deducted from the
corresponding quantitative limits established for the followingAgreement year.
2.
Carry-over to the corresponding quantitative limit for the
following Agreement year of the amounts not used during any
Agreementyearisauthorizedforeachcategoryofproductsupto7 % of the quantitative limit for the current Agreement year.
3. TransfersinrespectofcategoriesinGroupIshallnotbemade
from any category except as follows:
—
transfers between categories 2 and 3 and from category 1 to
categories2and3maybemadeupt o4%ofthe quantitative
limits for the category to which the transfer is made,
—
transfersbetweencategories4,5,6,7and8maybemadeup
t o4%o ft h e quantitative limit for the category to which the
transfer is made.
TransfersintoanycategoryinGroupsII,III,IVandVmaybemade
fromanycategoryorcategoriesinGroupsI,II,III,IVandVupto5%ofthequantitativelimitforthecategorytowhichthetransferis made. 4. Thetableofequivalenceapplicabletothetransfersreferredtoabove is given in Annex I to this Agreement.
5. The increase in any category of products resulting from the
cumulativeapplicationoftheprovisionsinparagraphs1,2and3above during an Agreement year shall not exceed the followinglimits:
—
13 % for categories of products in Group I,
—
13,5 % for categories of products in Groups II, III, IV and V.
6.
PriornotificationshallbegivenbytheUkrainianauthoritiesin
the event of recourse to the provisions of paragraphs 1, 2 and 3
above, at least 15 days in advance.
Article 5
1.
Exports of textile products not listed in Annex II to this
Agreement may be made subject to quantitative limits on theconditions laid down in the following paragraphs.
2. Where the Community finds, under the system ofadministrativecontrolsetup,thatthelevelofimportsofproductsin a given category not listed in Annex II originating in Ukraineexceeds, in relation to the preceding year’s total imports into theCommunity from all sources of products in that category, thefollowing rates:
—
1,2 % for categories of products in Group II,
—
4 % for categories of products in Groups III, IV and V,
itmayrequesttheopeningofconsultationsinaccordancewiththe
procedure described in Article 15 of this Agreement, with a viewto reaching agreement on an appropriate restraint level for theproducts in such category.
3.
Pending a mutually satisfactory solution, Ukraine undertakes,
from the date of notification of the request for consultations, tosuspendorlimitatthelevelindicatedbytheCommunityexportsof the category of products in question to the Community or tothe region or regions of the Community market specified by theCommunity.
The Community shall authorize the importation of products of
thesaidcategoryshippedfromUkrainebeforethedateonwhichthe request for consultations was submitted.
4.
Should the Contracting Parties be unable in the course of
consultations to reach a satisfactory solution within the periodspecified in Article 15 (2), the Community shall have the right tointroduce a definitive quantitative limit at an annual level notlowerthanthelevelresultingfromtheapplicationoftheformulaset out in paragraph 2, or 106 % of the level of imports reachedduringthecalendaryearprecedingthatinwhichimportsexceeded11/zv. 20 SK Úradný vestník Európskej únie 245
the level resulting from the application of the formula set out in
paragraph 2 and gave rise to the request for consultations,whichever is the higher.
The annual level so fixed shall be revised upwards after
consultations in accordance with the procedure referred to inArticle 15, with a view to fulfilling the conditions set out inparagraph 2, should the trend of total imports into theCommunity of the product in question make this necessary.
5.
The limits introduced under paragraph 2 or 4 may in no case
be lower than the level of imports of products in that category
originating in Ukraine in 1992.
6.
The provisions of this Article shall not apply where the
percentagesspecifiedinparagraph2havebeenreachedasaresult
of a fall in total imports into the Community, and not as a resultof an increase in exports of products originating in Ukraine.
7.
In the event of the provisions of paragraph 2, 3 or 4 being
applied, Ukraine undertakes to issue export licences for products
covered by contracts concluded before the introduction of thequantitativelimit,uptothevolumeofthequantitativelimitfixed.
8.
Uptothedateofcommunicationofthestatisticsreferredtoin
Article 12 (6), the provisions of paragraph 2 of this Article shall
apply on the basis of the annual statistics previouslycommunicated by the Community.
9.
The provisions of this Agreement which concern exports of
productssubjecttothequantitativelimitsestablishedinAnnexII
shall also apply to products for which quantitative limits areintroduced under this Article.
Article 6
1.
InviewofensuringtheeffectivefunctioningofthisAgreement,
the Community and Ukraine agree to cooperate fully in order toprevent, to investigate and to take any necessary legal and/oradministrative action against circumvention by transhipment,re-routing, false declaration concerning the country or place oforigin, falsification of documents, false declaration concerningfibre content, quantities description or classification ofmerchandiseanybywhateverothermeans.Accordingly,Ukraineand the Community agree to establish the necessary legalprovisions and administrative procedures permitting effectiveactiontobetakenagainstsuchcircumvention,whichshallincludethe adoption of legally binding corrective measures againstexporters and/or importers involved.
2.
Should the Community believe on the basis of information
available that the present Agreement is being circumvented, the
Community will consult with Ukraine with a view to reaching amutuallysatisfactorysolution.Theseconsultationswillbeheldasearlyaspossibleandatthelatestwithin30daysfromthedateofrequest.
3.
Pendingtheresultsoftheconsultationreferredtoinparagraph
2,Ukraineshall,asaprecautionarymeasure,ifsorequestedbythe
Community, take all necessary measures to ensure that, wheresufficient evidence of circumvention is provided, adjustments ofquantitative limits liable to be agreed following the consultationreferred to in paragraph 2, may be carried out for the quota yearin which the request to open consultations in accordance withparagraph 2 was made, or for the following year if the quota forthe current year is exhausted.
4. ShouldthePartiesbeunable,inthecourseoftheconsultationreferred to in paragraph 2 to reach a mutually satisfactorysolution, the Community shall have the right:
a)
where there is sufficient evidence that products originating in
Ukraine have been imported in circumvention of the present
Agreement, to set off the relevant quantities against thequantitative limits established under the Agreement;
b)
where sufficient evidence shows that false declaration
concerning fibre content, quantities, description orclassification of products originating in Ukraine has occured,to refuse to import the products in question;
c)
should it appear the territory of Ukraine is involved in
transhipment or re-routing of products not originating inUkraine, to introduce quantitative limits against the sameproductsoriginatinginUkraineiftheyarenotalreadysubjectto quantitative limits, or to take any other appropriatemeasures.
5.
The Parties agree to establish a system of administrative
cooperation to prevent and to address effectively all problemsarising from circumvention in accordance with the provisions ofProtocol A to this Agreement.
Article 7
1.
The quantitative limits established under this Agreement on
imports into the Community of textile products of Ukrainianorigin will not be broken down by the Community into regionalshares.
2.
The Parties shall cooperate in order to prevent sudden and
prejudicialchangesintraditionaltradeflowsresultinginregionalconcentration of direct imports into the Community.
3.
Ukraineshallmonitoritsexportsofproductsunderrestraintor
surveillanceintotheCommunity.Shouldasuddenandprejudicialchange in traditional trade flows arise, the Community will beentitled to request consultations in order to find a satisfactorysolution to those problems. Such consultations must be heldwithin 15 working days of their being requested by theCommunity.
4.
Ukraine shall endeavour to ensure that exports of textile
products subject to quantitative limits into the Community arespaced out as evenly as possible over the year due account beingtaken in particular of seasonal factors.246 SK Úradný vestník Európskej únie 11/zv. 20
Article 8
IntheeventofdenunciationofthisAgreementasprovidedforin
Article20(3),thequantitativelimitsestablishedinAnnexIIshallbe reduced on a pro rata temporis basis unless the ContractingParties decide otherwise by common agreement.
Article 9
Ukraine exports of cottage-industry fabrics woven on hand- or
foot-operatedlooms,garmentsorothermade-uparticlesobtainedmanually from such fabrics and of traditional folklore handicraftproducts shall not be subject to quantitative limits, provided thatthese products originating in Ukraine meet the conditions laiddown in Protocol B.
Article 10
1.
ShouldtheCommunityconsiderthatatextileproductcovered
by this Agreement is being imported into the Community fromUkraineatapriceabnormallylowerthanthenormalcompetitivelevelandisforthisreasoncausingorthreateningtocauseseriousinjury to Community producers of like or directly competingproducts, it may request consultations under Article 15, and inthat event the following specific provisions shall be applicable.
2.
Iffollowingsuchconsultationsitisacknowledgedbycommon
accordthatthesituationdescribedinparagraph1exists,Ukraineshall take, within the limits of its powers, the necessary steps,notablyasregardsthepriceatwhichtheproductinquestionwillbe sold, to remedy the situation.
3. In order to determine whether the price of a textile product isabnormally lower than the normal competitive level, it may becompared with:
—
the prices generally charged for like products sold under the
ordinary conditions by other exporting countries on the
market of the importing country,
—
thepricesoflikenationalproductsatacomparablemarketing
stage on the market of the importing country,
—
the lowest prices charged by a third country for the same
product in the course of ordinary commercial dealings in thethreemonthsprecedingtherequestforconsultations,andnothavingledtotheadoptionofanymeasurebytheCommunity.
4.
Should the consultations referred to in paragraph 2 above fail
to lead to an agreement within 30 days of the Community’srequest for consultations, the Community may, until theseconsultations have produced a mutually satisfactory solution,temporarily refuse consignments of the product in question atprices under the conditions referred to in paragraph 1 above.
5.
In totally exceptional and critical circumstances, where
consignments of products are being imported from Ukraine intothe Community at prices abnormally lower than the normalcompetitive level, such as to cause injury which it would bedifficult to repair, the Community may temporarily suspendimports of the products concerned pending agreement on asolution in the course of consultations, which shall be openedimmediately. The Contracting Parties shall do their utmost toreach a mutually acceptable solution within 10 working days„notice of the opening of such consultations.“
6.
ShouldtheCommunityhaverecoursetothemeasuresreferred
toinparagraphs4and5above,Ukrainemayatanytimerequestthe opening of consultations to examine the possibility ofeliminatingormodifyingthesemeasureswherethecauseswhichmade them necessary no longer exist.
Article 11
1.
TheclassificationoftheproductscoveredbythisAgreementis
basedonthetariffandstatisticalnomenclatureoftheCommunity(hereinafter called the „combined nomenclature“, or inabbreviated for „CN“) and any amendments thereof.
Where any decision on classification results in a change of
classification practice or a change of category of any productsubject to this Agreement the affected products shall follow thetrade regime applicable to the practice or category they fall intoafter such changes.
Any amendment to the combined nomenclature (CN) made in
accordance with the procedures in force in the Communityconcerning categories of products covered by this Agreement orany decision relating to the classification of goods shall not havethe effect of reducing quantitative limits introduced pursuant tothis Agreement.
2.
TheoriginoftheproductscoveredbythisAgreementshallbe
determined in accordance with the rules in force in theCommunity.
Any amendment to these rules of origin shall be communicated
to Ukraine and shall not have the effect of reducing anyquantitative limit established in Annex II.
The procedures for control of the origin of the products referred
to above are laid down in Protocol A.
Article 12
1.
Ukraine shall supply the Commission with precise statistical
information on all export licences issued for categories of textileproducts subject to the quantitative limits set out in Annex II,expressedinquantitiesandintermsofvalueandbrokendownbyMember States of the Community, as well as on all certificatesissued by the competent Ukrainian authorities for productsreferredtoinArticle9andsubjecttotheprovisionsofProtocolB.
2.
The Community shall likewise transmit to the Ukrainian
authorities precise statistical information on importauthorizations issued by the Community authorities and importstatistics for products covered by the system referred to inArticle 5 (2).11/zv. 20 SK Úradný vestník Európskej únie 247
3. The information referred to above shall, for all categories of
products,beforwardedbeforetheendofthemonthfollowingthemonth to which the statistics relate.
4.
UponrequestbytheCommunity,Ukraineshallsupplyimport
statistics for all products covered by Annex I.
5.
Should it be found on analysis of the information exchanged
that there are significant discrepancies between the returns for
exports and those for imports, consultations may be initiated inaccordance with the procedure specified in Article 15 of thisAgreement.
6.
For the purpose of applying the provisions of Article 5, the
Community undertakes to provide the Ukrainian authorities
before15Aprilofeachyearwiththeprecedingyear’sstatisticsonimportsofalltextileproductscoveredbythisAgreement,brokendown by supplying country and Community Member State.
Article 13
1.
Ukraine shall create favourable conditions for imports of
textile products originating in the Community listed in Annex Iand, where appropriate inter alia, accord to themnon-discriminatory treatment as regards the application ofquantitative restrictions, the granting of licences and theallocation of currency needed to pay for such imports. Ukrainewill also recommend to its importers to use the possibilitiesofferedbytheCommunityproducersoftextilesmentionedabovewhile according the highest possible degree of liberalization tothose imports taking into account the development of tradebetween the Contracting Parties.
2.
Whereaneedforadditionalsuppliesarisesandinparticulara
need leading to the diversification on imports of textile products
inUkraine,Ukraineshallaccordnon-discriminatorytreatmenttoimports of textile products originating in the Community.
Article 14
1.
TheContractingPartiesagreetoexaminethetrendoftradein
textile products and garments each year, in the framework of theconsultations provided for in Article 15 and on the basis of thestatistics referred to in Article 12.
2.
IftheCommunityfindsthatinthecasesforeseeninArticle13
(2) of this Agreement it is placed in an unfavourable position as
comparedwithathirdcountry,itmayrequestconsultationswithUkraine in accordance with the procedure specified in Article 15with a view to taking appropriate action.
Article 15
1.
SavewhereitisotherwiseprovidedforinthisAgreement,the
consultationproceduresreferredtointhisAgreementotherthanthose referred to in paragraph 2 of this Article, shall be governedby the following provisions: 
—
as far as possible consultations shall be held periodically.
Specific additional consultations may also be held,
—
anyrequestforconsultationsshallbenotifiedinwritingtothe
other Contracting Party,
—
where appropriate, the request for consultations shall be
followedwithinareasonableperiod(andinanycasenotlaterthan15daysfollowingthenotification)byareportsettingoutthe circumstances which, in the opinion of the requestingParty, justify the submission of such a request,
—
the Contracting Parties shall enter into consultations within
one month of notification of the request at the latest, with aview to reaching agreement or a mutually acceptableconclusion within one further month at the latest,
—
the period of one month referred to above for the purpose of
reachingagreementoramutuallyacceptableconclusionmaybe extended by common accord.
2.
TheCommunitymayrequestconsultationsinaccordancewith
paragraph 1 when it ascertains that during a particular year ofapplication of the Agreement difficulties arise in the Communityor one of its regions due to a sharp and substantial increase, bycomparisontotheprecedingyear,inimportsofagivencategoryof Group I subject to the quantitative limits set out in Annex II.
3.
At the request of either of the Contracting Parties,
consultations shall be held on any problems arising from theapplication of this Agreement. Any consultations held under thisArticleshalltakeplaceinaspiritofcooperationandwithadesireto reconcile the differences between the Contracting Parties.
Article 16
The Contracting Parties undertake to promote the exchange ofvisitsbypersons,groupsanddelegationsfrombusiness,tradeandindustry, to facilitate contacts in the industrial, commercial andtechnical fields connected with trade and cooperation in textileindustry and textile products and garments, and to assist in theorganization of fairs and exhibitions of mutual interest.
Article 17
1.
Ukraineispreparedtocooperatefullyandifnecessarytotake,
within the framework of its trade policy and within the limits ofits powers, measures to prevent the disruption of the trade forcertain raw materials listed in Annex III.
2.
Taking into account its production and export possibilities,
Ukraine in administrating exports of the products referred to in248 SK Úradný vestník Európskej únie 11/zv. 20
paragraph 1, shall give whenever possible favourable treatment,
on a non-discriminatory basis, to the abovementioned products,requested by the Community with a view to meeting its needs.
3.
Problems arising in this area may be subject to the
consultations provided for in Article 15.
Article 18
As regards intellectual property, at the request of either
Contracting Party, consultations shall be held in accordance withthe procedure laid down in Article 15 with a view to finding anequitablesolutiontoproblemsrelatingtotheprotectionofmarks,designs or models of articles of apparel and textile products.
Article 19
ThisAgreementshallapply,ontheonehand,totheterritoriesin
which the Treaty establishing the European EconomicCommunityisappliedandundertheconditionslaiddowninthatTreaty and, on the other hand, to the territory of Ukraine.
Article 20
1.
This Agreement shall enter into force on the first day of the
month following the date on which the Parties notify each otherofthecompletionoftheproceduresnecessaryforthatpurpose.Itshall be applicable until 31 December 1994. Thereafter, theapplication of all the provisions of this Agreement shall beextended automatically for a period of one more year up to 31December 1995, unless either Party notifies the other at least sixmonthsbefore31December1994thatitdoesnotagreewiththisextension.
2.
This Agreement shall apply with effect from 1 January 1993.
3.
Either Contracting Party may at any time propose
modifications to this Agreement or denounce it, provided that atleastsixmonths„noticeisgiven.Inthatevent,theAgreementshallcome to an end on the expiry of the period of notice.“
4.
The Contracting Parties agree to enter into consultations not
later than six months before the expiration of the presentAgreementwithaviewtopossiblyconcludinganewAgreement.
5.
TheAnnexes,Protocols,AgreedMinutesandlettersexchanged
orattachedtothisAgreement,shallformanintegralpartthereof.
Article 21
This Agreement shall be drawn up in two copies in the Danish,Dutch, English, French, German, Greek, Italian, Portuguese,SpanishundUkrainianlanguages,eachofthesetextsbeingequallyauthentic.
For the Government
of UkraineFor the Council
of the
European Communities11/zv. 20 SK Úradný vestník Európskej únie 249
ANNEX I
(The contents of this Annex I are identical to those of pages 9 to 41)250 SK Úradný vestník Európskej únie 11/zv. 20
ANNEX II
(The full products descriptions of the categories listed in this Annex are to be found in Annex I to the
Agreement)
COMMUNITY QUANTITATIVE LIMITS
Category Unit 1993 1994 1995
1 tonnes 610 631 653
2 tonnes 1 400 1 449 1 500of which 2 a) tonnes 350 362 3753 tonnes 350 362 3754 1 000 pieces 900 941 9835 1 000 pieces 970 1 014 1 0596 1 000 pieces 800 836 8747 1 000 pieces 250 261 2738 1 000 pieces 350 366 3829 tonnes 310 324 33912 1 000 pairs 2 500 2 625 2 75613 1 000 pieces 1 500 1 545 1 59115 1 000 pieces 120 125 13116 1 000 pieces 65 68 7020 tonnes 520 538 55721 1 000 pieces 90 94 9822 tonnes 200 211 22323 tonnes 295 310 32524 1 000 pieces 480 504 52926/27 1 000 pieces 240 251 26229 1 000 pieces 50 52 5433 tonnes 500 523 54636 tonnes 600 633 66837 tonnes 700 735 77239 tonnes 175 184 19350 tonnes 80 84 8867 tonnes 150 158 16573 1 000 pieces 350 366 38274 1 000 pieces 250 260 27083 tonnes 150 155 15990 tonnes 500 525 551115 tonnes 180 189 198117 tonnes 450 473 496118 tonnes 280 294 30911/zv. 20 SK Úradný vestník Európskej únie 251
ANNEX III
Raw materials referred to in Article 17
Angora
Cashmere
Cotton
Silk and silk waste252 SK Úradný vestník Európskej únie 11/zv. 20
PROTOCOL A
TITLE I
CLASSIFICATION
Article 1
1.
The competent authorities of the Community undertake to
inform Ukraine of any changes in the combined nomenclature
(CN) before the date of their entry into force in the Community.
2. The competent authorities of the Community undertake toinform the competent authorities of Ukraine of any decisionsrelating to the classification of products subject to the presentAgreement,withinonemonthoftheiradoptionatthelatest.Suchcommunication shall include:
a) a description of the products concerned;b) the relevant category and the related CN codes;c) the reasons which have led to the decision.
3.
Where a decision on classification results in a change of
classification practice or a change of category of any product
subject to the Agreement, the competent authorities of theCommunity shall provide 30 days „notice, from the date of theCommunity’s communication, before the decision is put intoeffect.Productsshippedbeforethedateofentryintoeffectofthedecision shall remain subject to the earlier classification practice,provided that the goods in the question are presented forimportation into the Community within 60 days of that date.“
4.
Where a Community decision on classification resulting in a
change of classification practice or a change of categorization ofanyproductsubjecttotheAgreementaffectsacategorysubjecttoquantitative limits, the Contracting Parties agree to enter intoconsultation in accordance with the procedures described inArticle 15 of the Agreement with a view to honouring theobligationunderthesecondsubparagraphofArticle11(1)oftheAgreement.
5.
In case of divergent opinions between Ukraine and the
competent Community authorities at the point of entry into theCommunity on the classification of products covered by thepresent Agreement, classification shall provisionally be based onindicationsprovidedbytheCommunity,pendingconsultationsinaccordancewithArticle15withaviewtoreachingagreementondefinitive classification of the product concerned.
TITLE II
ORIGIN
Article 2
1.
Products originating in Ukraine for export to the Community
in accordance with the arrangements established by thisAgreement shall be accompanied by a certificate of Ukrainianorigin conforming to the model annexed to this Protocol.
2.
The certificate of origin shall be certified by the competent
Ukrainian organizations authorized under the Ukrainianlegislationiftheproductsinquestioncanbeconsideredproductsoriginating in that country within the meaning of the relevantrules in force in the Community.
3.
However,theproductsinGroupIII,IVandVmaybeimported
into the Community in accordance with the arrangementsestablished by this Agreement on production of a declaration bythe exporter on the invoice or other commercial documentrelatingtotheproductstotheeffectthattheproductsinquestionoriginate in Ukraine within the meaning of the relevant rules nforce in the Community.
4.
Thecertificateoforiginreferredtoinparagraph1shallnotbe
required for import of goods covered by a certificate of originForm A or Form APR completed in accordance with the relevantCommunity rules in order to qualify for generalized tariffpreferences.
Article 3
Thecertificateoforiginshallbeissuedonlyonapplicationhavingbeen made in writing by the exporter or, under the exporter’sresponsibility, by his authorized representative. The competentUkrainian organizations authorized under Ukrainian legislationshallensurethatthecertificateoforiginisproperlycompletedandfor this purpose they shall call for any necessary documentaryevidenceorcarryoutanycheckwhichtheyconsiderappropriate.
Article 4
Where different criteria for determining origin are laid down forproducts falling within the same category, the certificates ordeclarations of origin must contain a sufficiently detaileddescriptionofthegoodssoastoenableUkrainiancriteriontobedetermined,onthebasisofwhichthecertificatewasissuedorthedeclaration drawn up.
Article 5
The discovery of slight discrepancies between the statementsmadeinthecertificateoforiginandthosemadeinthedocumentsproducedtothecustomsofficeforthepurposeofcarryingouttheformalities for importing the products shall not ipso facto castdoubt upon the statements in the certificate.11/zv. 20 SK Úradný vestník Európskej únie 253
TITLE III
DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF
PRODUCTS SUBJECT TO COMMUNITY QUANTITATIVE
LIMITS
Section I
Exportation
Article 6
1.
The competent authorities of Ukraine shall issue an export
licence in respect of all consignments from Ukraine of textile
products referred to in Annex II, up to the relevant quantitativelimitsasmaybemodifiedbyArticles3,4and6ofthisAgreement,as well as of textile products subject to any definitive orprovisional quantitative limits, established as a result of theapplication of Article 5 of the Agreement.
Article 7
1.
Theexportlicenceshallconformtothemodelannexedtothis
ProtocolanditshallbevalidforexportsthroughoutthecustomsterritorytowhichtheTreatyestablishingtheEuropeanEconomicCommunity applies. However, where the Community has maderecoursetotheprovisionsofArticles5and7oftheAgreementinaccordancewiththeprovisionsoftheAgreedMinuteNo1,ortothe Agreed Minute No 2, the textile products covered by theexportlicencescanonlybeputintofreecirculationintheregions)of the Community indicated in those licences.
2.
Each export licence must certify inter aliathat the quantity of
the product in question has been set off against the quantitativelimit established for the category of the products concerned andshall only cover one category of products subject to quantitativelimits. It may be used for one or more consignments of theproducts in question.
Article 8
The competent authorities of the Community must be informedimmediately of the withdrawal or modification of any exportlicence already issued.
Article 9
1.
Exports shall be set off against the quantitative limits
established for the year in which the shipment of the goods hasbeen effected even if the export licence is issued after suchshipment.2.
For the purpose of applying paragraph 1, shipment of the
goods is considered to have taken place on the date of theirloading onto the exporting aircraft, vehicule or vessel.
 Article 10 
Thepresentationofanexportlicence,inapplicationofArticle12hereafter, shall be effected not later than 31 March of the yearfollowing that in which the goods covered by the licence havebeen shipped.
Section II
Importation
Article 11
Importation into the Community of textile products subject toquantitativelimitsshallbesubjecttothepresentationofanimportauthorization.
Article 12
1.
The competent authorities of the Community shall issue the
import authorization referred to in Article 11 above, within fiveworking days of the presentation by the importer of the originalof the corresponding export licence.
2.
The import authorizations shall be valid for six months from
the date of their issue for imports throughout the customsterritorytowhichtheTreatyestablishingtheEuropeanEconomicCommunity is applied. However, where the Community hasrecoursetotheprovisionsofArticles5and7oftheAgreementinaccordancewiththeprovisionsoftheAgreedMinuteNo1,ortothe Agreed Minute No 2, the products covered by the importlicencescanonlybeputintofreecirculationintheregions)oftheCommunity indicated in those licences.
3.
The competent authorities of the Community shall cancel the
import authorization already issued whenever the correspondingexport licence has been withdrawn.
However, if the competent authorities of the Community are
notifiedofthewithdrawalorthecancellationoftheexportlicenceonly after the importation of the products into the Community,the relevant quantities shall be set off against the quantitativelimits established for the category and the quota year concerned.254 SK Úradný vestník Európskej únie 11/zv. 20
Article 13
1.
If the competent authorities of the Community find that the
total quantities covered by export licences issued by the
competent authorities of Ukraine for a particular category in anyyear exceed the quantitative limit established for that categoryestablished in Annex II for that category as may be notified byArticles 3,4 and 6 of the Agreement, or any quantitative limitestablishedinaccordancewithArticle5oftheAgreement,thesaidauthorities may suspend the further issue of importauthorizations. In this event, the competent authorities of theCommunity shall immediately inform the authorities of UkraineandthespecialconsultationproceduresetoutinArticle15oftheAgreement shall be initiated forthwith.
2.
ExportsofproductsofUkrainianoriginsubjecttoquantitative
limitsoradouble-checkingsystemandnotcoveredbyUkrainianexport licences issued in accordance with the provisions of thisProtocol may be refused an import authorization by thecompetent Community authorities.
However, without prejudice to Article 6 of the Agreement if the
import of such products is allowed into the Community by thecompetentauthoritiesoftheCommunity,thequantitiesinvolvedshall not be set off against the appropriate quantitative limitsestablishedinAnnexII,orestablishedbyvirtueofArticle5oftheAgreement, without the express agreement of the competentauthorities of Ukraine.
TITLE IV
FORM AND PRODUCTION OF EXPORT CERTIFICATES AND
CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS
CONCERNING EXPORTS TO THE COMMUNITY
Article 14
1.
The export licence and the certificate of origin may comprise
additional copies duly indicated as such. They shall be made outin English or French. If they are completed by hand, entries mustbe in ink and in printed script.
These documents shall measure 210 × 297 mm. The paper used
shall be white writing paper, sized, not containing mechanicalpulp,andweighingnotlessthan25g/m
2.Ifthedocumentshave
several copies only the top copy, which is the original, shall beprintedwiththeguillochepatternbackground.Thiscopyshallbeclearlymarkedas„original“andtheothercopiesas„copies“.OnlytheoriginalshallbeacceptedbythecompetentauthoritiesoftheCommunity as being valid for the purpose of export to theCommunity in accordance with the provision of the Agreement.2.
Each document shall bear a standardized serial number,
whether or not printed, by which it can be identified.
This number shall be composed of the following elements:
—
two letters identifying the exporting country as follows: UA,
—
two letters identifying the intended Member State of customs
clearance as follows:
BL = Benelux,
DE = Federal Republic of Germany,DK =Denmark,EL = Greece,ES = Spain,FR = France,GB = United Kingdom,IE = Ireland,IT = Italy,PT = Portugal,
—
a one-digit number identifying quota year, corresponding to
the last figure in the respective year, e.g. 3 for 1993,
—
a two-digit number from 01 to 99, identifying the particular
issuing office concerned in the exporting country,
—
a five-digit number running consecutively from 00001 to
99999 allocated to the intended Member State of customs
clearance.
Article 15
Theexportlicenceandthecertificateoforiginmaybeissuedafterthe shipment of the products to which they relate. In such casesthey must bear the endorsement „délivré
a posteriori “o rt h e
endorsement „issued retrospectively“.
Article 16
1.
In the event of a theft, loss or destruction of an export licence
oracertificateoforigin,theexportermayapplytothecompetentUkrainian authorities which issued the document for a duplicateto be made out on the basis of the export documents in hispossession. The duplicate of any such certificate or licence soissued shall bear the endorsement „duplicata
“ or „duplicate“.
2.
The duplicate shall bear the date of the original export licence
or certificate of origin.11/zv. 20 SK Úradný vestník Európskej únie 255
TITLE V
ADMINISTRATIVE COOPERATION
Article 17
The Community and Ukraine shall cooperate closely in the
implementation of the provisions of this Protocol. To this end,contacts and exchanges or views, including on technical matters,shall be facilitated by both Parties.
Article 18
In order to ensure the correct application of this Protocol, the
CommunityandUkraineoffermutualassistanceforthecheckingof the authenticity and the accuracy of export licences andcertificatesoforiginissuedorofanydeclarationsmadewithintheterms of this Protocol.
Article 19
UkraineshallsendtheCommissionoftheEuropeanCommunities
the names and addresses of the authorities to issue and verify theexport licences and the certificates of origin, together withspecimens of the stamps used by these authorities and specimensignatures of officials responsible for signing the export licencesand the certificates of origin. Ukraine shall also notify theCommission of any change in this information.
Article 20
1.
Subsequent verification of certificates of origin or export
licences shall be carried out at random, or whenever the
competent Community authorities have reasonable doubt as tothe authenticity of the certificate or licence or as to the accuracyof the information regarding the true origin of the products inquestion.
2.
In such cases, the competent authorities in the Community
shallreturnthecertificateoforiginortheexportlicenceoracopythereof to the competent Ukrainian authorities, giving, whereappropriate, the reasons of form or substance which justify anenquiry.Iftheinvoicehasbeensubmitted,suchinvoiceoracopythereofshallbeattachedtothecertificateortothelicenceortheircopies.Theauthoritiesshallalsoforwardanyinformationthathasbeen obtained suggesting that the particulars given on the saidcertificate or licence are inaccurate.
3.
The provisions of paragraph 1 above shall also apply to
subsequentverificationsofthedeclarationsoforiginprovidedforin Article 2 of this Protocol.4.
The results of the subsequent verifications carried out in
accordance with paragraphs 1 and 2 above shall becommunicated to the competent authorities of the Communitywithinthreemonthsatthelatest.Theinformationcommunicatedshall indicate whether the disputed certificate, licence ordeclaration, applies to the goods actually exported and whetherthese goods are eligible for export under the arrangementsestablishedbytheAgreement.Theinformationshallalsoinclude,attherequestoftheCommunity,copiesofallthedocumentationnecessary to fully determine the facts, and in particular the trueorigin of the goods.
Shouldsuchverificationsrevealsystematicirregularitiesintheuse
of declarations of origin, the Community may subject imports ofthe products in question to the provisions of Article 2 (1) of thisProtocol.
5.
For the purpose of subsequent verification of certificates of
origin, copies of the certificates as well as any export documentsreferring to them shall be kept for at least two years by thecompetent Ukrainian authorities.
6.
Recoursetotherandomverificationprocedurespecifiedinthis
Articlemustnotconstituteanobstacletothereleaseforhomeuseof the products in question.
Article 21
1.
Where the verification procedure referred to in Article 20 or
where information available to the competent authorities of theCommunityorofUkraineindicatesorappearstoindicatethattheprovisionsofthisAgreementarebeingcircumventedorinfringed,the two Contracting Parties shall cooperate closely and with theappropriate urgency in order to prevent any such circumventionor infringement.
2.
To this end, the competent authorities of Ukraine shall, on
theirowninitiativeorattherequestoftheCommunity,carryoutappropriate inquiries, or arrange for such inquiries to be carriedout, concerning operations which are, or appear to theCommunity to be, in circumvention or infringement of thisProtocol.Ukraineshallcommunicatetheresults,oftheseinquiriesto the Community, including any other pertinent informationenabling the cause of the circumvention or infringement,including the true origin of the goods to be determined.
3.
By agreement between the Community and Ukraine, officials
designated by the Community may be present at the inquiriesreferred to in paragraph 2 above.
4.
Pursuant to the cooperation referred to in paragraph 1 above,
the competent authorities of the Community and Ukraine shallexchangeanyinformationconsideredbyeitherContractingPartyto be of use in preventing circumvention or infringement of theprovisions of this Agreement. These exchanges may includeinformationontheproductionoftextileproductsinUkraineandon the trade in the type of products covered by this Agreement256 SK Úradný vestník Európskej únie 11/zv. 20
between Ukraine and third countries, particularly where the
CommunityhasreasonablegroundstoconsiderthattheproductsinquestionmaybeintransitacrosstheterritoryofUkrainepriorto their importation into the Community. This information mayinclude at the request of the Community copies of all availablerelevant documentation. 5. Where sufficient evidence shows that the provisions of this
Protocol have been circumvented or infringed, the competentauthorities of Ukraine and the Community may agree to take themeasuressetoutinArticle6(4)oftheAgreement,andanyothermeasures as are necessary to prevent a recurrence of suchcircumvention or infringement.11/zv. 20 SK Úradný vestník Európskej únie 257
Annex to Protocol A, Article 2 (1)

Annex to Protocol A, Article 7 (1): Model 1

PROTOCOL B
referred to in Article 9
Cottage industry and folklore products originating in Ukraine
1.
The exemption provided for in Article 9 in respect of cottage industry prod ucts shall apply to the
following types of product only:
a)
fabricswovenonloomsoperatedsolelybyhandorfoot,beingfabricsofaki ndtraditionallymade
in the cottage industry of Ukraine;
b)
garments or other textile articles of a kind traditionally made in the cott age industry of Ukraine
obtained manually from the fabrics referred to above and sewn exclusively by hand without the
aid of any machine;
c)
traditional folklore products of Ukraine made by hand, in a list to be agree d between the
Community and Ukraine.
Exemption shall be granted in respect only of products covered by a certifi cate conforming to the
specimen attached to this Protocol and issued by the competent authoritie s in Ukraine. These
certificates must indicate the reasons justifying their issuance; the co mpetent authorities of the
Community will accept them after having checked that the products concern ed have fulfilled the
conditionsestablishedinthisProtocol.Thecertificatesconcerningth eproductsenvisagedinc)above
must bear a stamp „FOLKLORE“ marked clearly. In the case of a difference of o pinion between the
Partiesconcerningthenatureoftheseproducts,consultationsshallbeh eldwithinonemonthinorder
to resolve these differences.
Should imports of any product covered by this Protocol reach proportions l iable to cause problems
withintheCommunity,consultationswithUkraineshallbeinitiatedasso onaspossible,withaview
toresolvingthesituationbytheadoptionifnecessaryofaquantitativel imit,inaccordancewiththe
procedure laid down in Article 15 of this Agreement.
2.
TheprovisionsofTitlesIVandVofProtocolAshallapplymutatismutandis totheproductscovered
by paragraph 1 of this Protocol.260 SK Úradný vestník Európskej únie 11/zv. 20
Annex to Protocol B

PROTOCOL C
ReimportsintotheCommunity,withinthemeaningofArticle3(3)ofthisAg reement,ofproductslisted
in the Annex to this Protocol shall be subject to the provisions of this Agre ement, unless the special
provisions below provide otherwise:
1.
Subject to paragraph 2, only reimports into the Community of products affe cted by the specific
quantitative limits laid down in the Annex to this Protocol shall be consid ered reimports within the
meaning of Article 3 (3) of the Agreement.
2.
Reimports not covered by the Annex to this Protocol may be made subject to sp ecific quantitative
limits following consultations in accordance with the procedures set out in Article 15 of the
Agreement, provided the products concerned are subject to quantitative l imits pursuant to the
Agreement, to a double-checking system or to surveillance measures.
3.
Having regard to the interests of both Parties, the Community may at its dis cretion, or in response
to a request under Article 15 of the Agreement:
a)
examinethepossibilityoftransferringfromonecategorytoanother,usi nginadvanceorcarrying
over from one year to the next, portions of specific quantitative limits;
b)
consider the possibility of increasing specific quantitative limits.
4.
However,theCommunitymayapplyautomaticallytheflexibilityrulesset outinparagraph3above
within the following limits:
a)
transfers between categories may not exceed 20 % the quantity for the categ ory to which the
transfer is made;
b)
carry-overofaspecificquantitativelimitfromoneyeartothenextmayno texceed10,5%ofthe
quantity set for the year of actual utilization;
c)
advanceuseofspecificquantitativelimitsfromoneyeartoanothermayno texceed7,5%ofthe
quantity set for the year of actual utilization.
5.
The Community shall inform Ukraine of any measures taken pursuant to the pr eceding paragraphs.
6.
The competent authorities in the Community shall debit the specific quant itative limits referred to
in paragraph 1 at the time of issue of the prior authorization required by Co uncil Regulation (EEC)
No636/82whichgovernseconomicoutwardprocessingarrangements.Aspec ificquantitativelimit
shall be debited for the year in which a prior authorization is issued.
7.
A certificate of origin made out by the organizations authorized to do so un der Ukrainian law shall
beissued,inaccordancewithProtocolAtotheAgreement,forallproducts coveredbythisProtocol.
This certificate shall bear a reference to the prior authorization mentio ned in paragraph 6 above as
evidence that the processing operation it describes has been carried out i n Ukraine.
8.
TheCommunityshallprovideUkrainewiththenamesandaddressesof,andsp ecimensofthestamps
used by, the competent authorities of the Community which issue the prior a uthorizations referred
to in paragraph 6 above.
9.
Without prejudice to the provisions of paragraphs 1 to 8 above, Ukraine and the Community shall
continueconsultationswithaviewtoseekamutuallyacceptablesolution enablingbothContracting
Parties to benefit from the Agreement’s provisions on outward processing traffic and so ensure the
effective development of trade in textile products between Ukraine and th e Community.262 SK Úradný vestník Európskej únie 11/zv. 20
Annex to Protocol C
(The product descriptions of the categories listed in this Annex are to be f ound in Annex I to the Agreement)
OPT QUOTAS
COMMUNITY QUANTITATIVE LIMITS
Category Unit 1993 1994 1995
4 1 000 pieces 1 600 1 708 1 823
5 1 000 pieces 2 200 2 349 2 5076 1 000 pieces 2 800 2 989 3 1917 1 000 pieces 4 100 4 377 4 6728 1 000 pieces 800 854 91212 1 000 pairs 6 000 6 450 6 93413 1 000 pieces 800 836 87415 1 000 pieces 2 400 2 562 2 73516 1 000 pieces 500 530 56221 1 000 pieces 1 600 1 708 1 82324 1 000 pieces 700 753 80926/27 1 000 pieces 4 800 5 124 5 47029 1 000 pieces 1 100 1 166 1 23673 1 000 pieces 500 534 57074 1 000 pieces 500 530 56283 tonnes 250 261 27311/zv. 20 SK Úradný vestník Európskej únie 263
Agreed Minute No 1
In the context of the Agreement between the European Economic Community an d Ukraine on trade in
textileandclothingproducts,initialledon5May1993,thePartiesagree dthatArticle5oftheAgreement
doesnotprecludetheCommunity,iftheconditionsarefulfilled,fromapp lyingthesafeguardmeasures
for one or more of its regions in conformity with the principles of the inter nal market.
In such an event, Ukraine shall be informed in advance of the relevant provi sions of Protocol A to the
Agreement to be applied, as appropriate.
For the Government
of UkraineFor the Council
of the European Communities264 SK Úradný vestník Európskej únie 11/zv. 20
Agreed Minute No 2
NothwithstandingArticle7(1)ofthisAgreement,forimperativetechnic aloradministrativereasonsor
to find a solution to economic problems resulting from regional concentra tion of imports, or in order
to combat circumvention and fraud of the provisions of this Agreement, the Community will establish
for a limited period of time a specific management system in conformity wit h the principles of the
internal market.
However, if the Parties are unable to reach a satisfactory solution during the consultations provided for
inArticle7(3),Ukraineundertakes,ifsorequestedbytheCommunity,tor especttemporaryexportlimits
foroneormoreregionsoftheCommunity.Insuchacase,theselimitsshalln otprecludetheimportation
intotheregions)concernedofproductswhichwereshippedfromUkraineon thebasisofexportlicences
obtainedbeforethedateofformalnotificationtoUkrainebytheCommunit yabouttheintroductionof
the above limits.The Community shall inform Ukraine of the technical and administrative me asures, such as defined in
the attached note verbale , that need to be introduced by both Parties in order to implement the above
paragraphs in conformity with the principles of the internal market.
For the Government
of UkraineFor the Council
of the European Communities11/zv. 20 SK Úradný vestník Európskej únie 265
Note verbale
The Direcotrate-General for External Relations of the Commission of the E uropean Communities
presentsitscomplimentstotheMinistryofForeignAffairsofUkraineand hasthehonourtorefertothe
Agreement on textile products negotiated between Ukraine and the Communi ty initialled on 5 May
1993.
The Directorate-General wishes to inform the Ministry, that the Communit y has decided to apply,
starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minut e No 2 to the Agreement,
initialled on 5 May 1993. Consequently, the corresponding provisions of A rticles 7 and 12 of Protocol
A to the Agreement shall also be applied as of the above date.The Directorate-General for External Relations avails itself of this opp ortunity to renew to the Ministry
of Foreign Affairs of Ukraine the assurance of its highest consideration.266 SK Úradný vestník Európskej únie 11/zv. 20
Agreed Minute No 3
In the context of the Agreement between the European Economic Community an d Ukraine on trade in
textile and clothing products, initialled on 5 May 1993, the Parties agree d that Ukraine shall endeavour
nottodeprivecertainregionsoftheCommunitywhichhavetraditionallyh adrelativelysmallsharesof
Community quotas of imports of products serving as inputs for their proces sing industry.
TheCommunityandUkrainefurtheragreedtoholdconsultations,shouldth eneedarise,inordertoavert
any problems which might occur in this respect.
For the Government
of UkraineFor the Council
of the European Communities11/zv. 20 SK Úradný vestník Európskej únie 267
Agreed Minute No 4
InthecontextoftheAgreementbetweentheEuropeanEconomicCommunityan dtheUkraineontrade
intextileandclothingproducts,initialledon5May1993,Ukraineagreed that,fromthedateofrequest
for and pending the consultations referred to in Article 7 (3), it shall coo perate by not issuing export
licences that would further aggravate the problems resulting from the reg ional concentration of direct
imports into the Community.
For the Government
of UkraineFor the Council
of the European Communities268 SK Úradný vestník Európskej únie 11/zv. 20
Exchange of notes
The Directorate-General for External Relations of the Commission of the E uropean Communities
presentsitscomplimentstotheMinistryofForeignAffairsofUkraineand hasthehonourtorefertothe
Agreement on textile products between Ukraine and the Community initiall ed on 5 May 1993.
The Directorate-General wishes to inform the Ministry that whilst awaiti ng the completion of the
necessary procedures for the conclusion and the coming into force of the Ag reement, the Community
is prepared to allow the provisions of the Agreement to apply de factofrom 1 January 1993. This is on
theunderstandingthateitherPartymayatanytimeterminatethis defactoapplicationoftheAgreement
provided that 120 days „notice is given.“
The Directorate-General for External Relations would be grateful if the M ission would confirm its
Agreement to the foregoing.
The Directorate-General for External Relations avails itself of this opp ortunity to renew to the Ministry
of Foreign Affairs of Ukraine the assurance of its highest consideration.
Exchange of notes
The Ministry of Foreign Affairs of Ukraine presents its compliments to the Directorate-General for
ExternalRelationsoftheCommissionoftheEuropeanCommunitiesandhast hehonourtorefertothe
Agreement on textile products between the Community and Ukraine initiall ed at Brussels on 5 May
1993.The Ministry of Foreign Affairs of Ukraine wishes to confirm to the Directo rate-General that whilst
awaitingthecompletionofthenecessaryproceduresfortheconclusionan dthecomingintoforceofthe
Agreement, the Government of Ukraine is prepared to allow the provisions o f the Agreement to apply
de factofrom 1 January 1993. This is on the understanding that either Party may at an y time terminate
thisde factoapplication of the Agreement provided that 120 days „notice is given.“
The Ministry of Foreign Affairs of Ukraine avails itself of this opportuni ty to renew to the
Directorate-General for External Relations of the Commission of the Euro pean Communities the
assurance of its highest consideration.11/zv. 20 SK Úradný vestník Európskej únie 269
Agreed Minute No 5
In the context of the Agreement between the European Economic Community an d Ukraine on trade in
textile products initialled on 5 May 1993, the Parties agreed that, in conf ormity with Article 20 (2) of
the Agreement, the quantities of products originating in Ukraine shipped during the year 1993 and
falling within one of the categories of textile products subject to the qua ntitative limits referred to in
Article2(1)oftheAgreementshallbesetoffagainstthequantitativelim itsestablishedfortheyear1993
for the category concerned.
For the Government
of UkraineFor the Council
of the European Communities270 SK Úradný vestník Európskej únie 11/zv. 20
Agreed Minute No 6
In the context of the Agreement between the European Economic Community an d Ukraine on trade in
textile products initialled on 5 May 1993, the Parties agreed that, in conf ormity with Article 20 (2) of
the Agreement, products listed in Annex I to the Agreement originating in U kraine but not subject to
the quantitative limits referred to in Article 2 (1) of the Agreement may be subject either to the
double-checking system specified in Protocol A to the Agreement or to a pri or system of surveillance.
For the Government
of UkraineFor the Council
of the European Communities11/zv. 20 SK Úradný vestník Európskej únie 271