Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products - Agreed Minutes - Notes verbale - Exchanges of notes
Date: 1993-12-02
Institutions: European Economic Community, Philippines
Subjects: international trade, protocol to an agreement, textile product, third country













EUR-Lex - 21992A1231(22) - EN






Avis juridique important




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21992A1231(22)

Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products - Agreed Minutes - Notes verbale - Exchanges of notes  Unofficial translation  


Official Journal L 410 , 31/12/1992 P. 0077 - 0088 Finnish special edition: Chapter 11 Volume 30 P. 0094  Swedish special edition: Chapter 11 Volume 30 P. 0094  L 110 30/04/1994 P.0077 





AGREEMENT in the form of an exchange of letters amending the Agreement between the European  Economic Community and the Republic of the Philippines on trade in textile productsLetter  N° 1 Sir, 1. I have the honour to refer to the consultations held on 26 to 27 November 1992 between our  respective delegations for the purpose of amending the Agreement on trade in textile products  between the European Economic Community and the Republic of the Philippines applied since 1 January  1987, as extended by the exchange of letters applied since 1 January 1992 (hereinafter 'the  Agreement`). 2. As a result of these consultations, both Parties agreed to amend the following provisions of the  Agreement: 2.1. Annex I, Annex II and the Annex to Protocol E which set out the products concerned by the  Agreement, the quantitative restrictions for exports and the OPT operations respectively, from the  Republic of the Philippines to the European Economic Community, are replaced for the period 1  January 1993 to 31 December 1994 by Appendix 1, Appendix 2 and Appendix 3 to this letter,  respectively. 2.2. Article 8 (6) and Protocol C to the Agreement are deleted. 2.3. Article 9 (2) is replaced by the following: 'The information referred to in paragraph 1 shall, for all categories of products, be forwarded  before the end of the month following the month to which the statistics relate.`2.4. Article 12  (1) is replaced by the following: '1. The quantitative limits established under this Agreement on imports into the Community of  textile products of Philippine origin will not be broken down by the Community into regional  shares. 2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional  trade flows resulting in regional concentration of direct imports into the Community. 3. The Philippines shall monitor its exports of products under restraint or surveillance into the  Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community  will be entitled to request consultations in order to find a satisfactory solution to those  problems. Such consultations must be held within 15 working days of their being requested by the  Community. 4. The Philippines shall endeavour to ensure that exports of textile products subject to  quantitative limits into the Communtiy are spaced out as evenly as possible over the year due  account being taken in particular of seasonal factors.`2.5. Article 14 and all references to this  Article in the Agreement are deleted. 2.6. The following is added at the beginning of Article 16 (1): '1. Save where it is otherwise provided for in this Agreement, . . .`2.7. The second sentence of  Article 18 (1) is replaced by the following: 'It shall be applicable until 31 December 1994. 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  1995, unless either Party notifies the other at least six months before 31 December 1994 that it  does not agree with this extension. However, if the Agreement on trade in textiles and clothing  products resulting from the Uruguay Round GATT trade negotiations is concluded and enters into  force at an earlier date, this Agreement shall be automatically terminated as of the date agreed  for the implementation of the results of the Uruguay Round GATT trade negotiations.`2.8. The first  sentence of Article 7 (1) of Protocol A is replaced by the following: '1. The export licence shall conform to the model annexed to this Protocol and it shall be valid  for exports throughout the customs territory to which the Treaty establishing the European Economic  Community is applied. However, where the Community has made recourse to the provisions of Article 8  in accordance with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the textile  products covered by the export licences can only be put into free circulation in the region(s) of  the Community indicated in those licences.`2.9. The second indent of Article 12 (1) of Protocol A  to the Agreement is replaced by the following: 'The import authorizations shall be valid for six months from the date of their issue for imports  throughout the customs territory to which the Treaty establishing the European Economic Community  is applied. However, where the Community has recourse to the provisions of Article 8 in accordance  with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the products covered by the  import licences can only be put into free circulation in the regions(s) of the Community indicated  in those licences.`2.10. The second and fifth indents of Article 14 (2) of Protocol A are replaced  by the following: '- two letters identifying the intended Member State of customs clearance as follows: BL = Benelux, DE = Germany, DG = Denmark, EL = Greece, ES = Spain, FR = France, GB = United Kingdom, IE = Ireland, IT = Italy, PT = Portugal`, '- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member  State of customs clearance.`2.11. Paragraph 3 (b) of Protocol E to the Agreement is deleted. 2.12. Agreed Minute N° 1 set out in Appendix 4 to this letter shall form an integral part of the  Agreement. 2.13. Agreed Minute N° 2 set out in Appendix 5 to this letter shall form an integral part of the  Agreement. 2.14. Agreed Minute N° 3 set out in Appendix 6 to this letter shall form an integral part of the  Agreement. 2.15. Agreed Minute N° 4 set out in Appendix 7 to this letter shall form an integral part of the  Agreement. 3. The Parties agreed that 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. The Parties also agreed that this Agreement in the form of an exchange of letters and the  amendments hereby to the Agreement of 1987, as extended, shall be applied provisionally from 1  January 1993. 4. I should be obliged if you kindly confirm the acceptance of your Government of the foregoing. Please accept, Sir, the assurance of my highest consideration. For the Councilof the European CommunitiesAppendix 1 (The contents of Appendix 1 are  identical to those of Appendix 1 to the Agreement with Singapore; see pages 16 to 42) Appendix 2 ANNEX II(The full product descriptions of the categories listed in this  Annex are to be found in Annex I to the Agreement)>TABLE>Appendix 3  ANNEX TO PROTOCOL E(The product descriptions of the categories figuring in this Annex are to be  found in Annex I to the Agreement)>TABLE>Appendix 4 Agreed Minute N°  1In the context of the Agreement between the European Economic Community and the Republic of the  Philippines on trade in textile and clothing products, initialled on 27 November 1992, the Parties  agreed that Article 8 of the Agreement does not preclude the Community, if the conditions are  fulfilled, from applying the safeguard measures for one or more of its regions in conformity with  the principles of the internal market. In such an event, the Philippines shall be informed in advance of the relevant provisions of  Protocol A to the Agreement to be applied, as appropriate.  For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesAppendix 5 Agreed Minute N° 2Notwithstanding Article 12 (1) of  this Agreement, for imperative technical or administrative reasons or to find a solution to  economic problems resulting from regional concentration 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 with the principles of the  internal market. However, if the Parties are unable to reach a satisfactory solution during the consultations  provided for in Article 12 (3), the Philippines undertake, if so requested by the Community, to  respect temporary export limits for one or more regions of the Community. In such a case, these  limits shall not preclude the importation into the region(s) concerned of products which were  shipped from the Philippines on the basis of export licences obtained before the date of formal  notification to the Philippines by the Community about the introduction of the above limits. The Community shall inform the Philippines of the technical and administrative measures, 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 Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesNote verbale The Directorate-General for External Relations of the  Commission of the European Communities presents its compliments to the Mission of the Republic of  the Philippines to the European Communities and has the honour to refer to the Agreement on textile  products negotiated between the Republic of the Philippines and the Community applied since 1  January 1987, as extended by the exchange of letters initialled on 15 November 1991 and as further  extended by the exchange of letters of 27 November 1992. The Directorate-General wishes to inform the Mission of the Republic of the Philippines that the  Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of  Agreed Minute No 2 to the exchange of letters initialled on 27 November 1992. Consequently, the  corresponding provisions of Articles 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 opportunity to renew to the  Mission of the Republic of the Philippines to the European Communities the assurance of its highest  consideration. Appendix 6 Agreed Minute No 3In the context of the Agreement between the  European Economic Community and the Republic of the Philippines on trade in textile and clothing  products, initialled in Brussels on 27 November 1992, the Parties agreed that the Philippines shall  endeavour not to deprive certain regions of the Community which have traditionally had relatively  small shares of Community quotas of imports of products serving as inputs for their processing  industry. The Community and the Philippines further agreed to hold consultations, should the need arise, in  order to avert any problems which might occur in this respect. The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the  Agreement on this subject.  For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesAppendix 7 Agreed Minute N° 4In the context of the Agreement  between the European Economic Community and the Republic of the Philippines on trade in textile and  clothing products, applied since 1 January 1987, as extended by the exchange of letters initialled  on 15 November 1991 and further extended by the exchange of letters initialled on 27 November 1992,  the Philippines agreed that, from the date of request for and pending the consultations referred to  in Article 12 (3), it shall cooperate by not issuing export licences that would further aggravate  the problems resulting from the regional concentration of direct imports into the Community. For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesExchange of notes The Directorate-General for External Relations of  the Commission of the European Communities presents its compliments to the Mission of the Republic  of the Philippines to the European Communities and has the honour to refer to the Agreement on  textile products between the Republic of the Philippines and the Community applied since 1 January  1987, as extended by the exchange of letters initialled on 15 November 1991 and as further extended  by the exchange of letters initialled on 27 November 1992. The Directorate-General wishes to inform the Mission of the Republic of the Philippines that whilst  awaiting the completion of the necessary procedures for the conclusion and the coming into force of  the extended Agreement, the Community is prepared to allow the provisions of the Agreement to apply  de facto from 1 January 1993. This is on the understanding that either Party may at any time  terminate this de facto application of the extended Agreement provided that 120 days' notice is  given. The Directorate-General for External Relations would be grateful if the Mission would confirm its  Agreement to the foregoing. The Directorate-General for External Relations avails itself of this opportunity to renew to the  Mission of the Republic of the Philippines to the European Communities the assurance of its highest  consideration. Letter N° 2 Sir, I have the honour to acknowledge receipt of your your letter of 27 November 1992, which reads as  follows: 'Sir, 1. I have the honour to refer to the consultations held on 26 and 27 November 1992 between our  respective delegations for the purpose of amending the Agreement on trade in textile products  between the European Economic Community and the Republic of the Philippines, applied since 1  January 1987, as extended by the exchange of letters applied since 1 January 1992 (hereinafter "the  Agreement"). 2. As a result of these consultations, both Parties agreed to amend the following provisions of the  Agreement: 2.1. Annex I, Annex II and the Annex to Protocol E which set out the products concerned by the  Agreement, the quantitative restrictions for exports and the OPT operations, respectively from the  Republic of the Philippines to the European Economic Community, are replaced for the period 1  January 1993 to 31 December 1994 by Appendix 1, Appendix 2 and Appendix 3 of this letter,  respectively. 2.2. Article 8 (6) and Protocol C to the Agreement are deleted. 2.3. Article 9 (2) is replaced by the following: "The information referred to in paragraph 1 shall, for all categories of products, be forwarded  before the end of the month following the month to which the statistics relate."2.4. Article 12  (1) is replaced by the following: "1. The quantitative limits established under this Agreement on imports into the Community of  textile products of Philippine origin will not be broken down by the Community into regional  shares. 2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional  trade flows resulting in regional concentration of direct imports into the Community. 3. The Philippines shall monitor its exports of products under restraint or surveillance into the  Community. Should a sudden and prejudicial change in traditional trade flows arise, the Community  will be entitled to request consultations in order to find a satisfactory solution to those  problems. Such consultations must be held within 15 working days of their being requested by the  Community. 4. The Philippines shall endeavour to ensure that exports of textile products subject to  quantitative limits into the Community are spaced out as evenly as possible over the year due  account being taken in particular of seasonal factors."2.5. Article 14 and all references to this  Article in the Agreement are deleted. 2.6. The following is added at the beginning of"1. Save where it is otherwise provided for in this  Agreement, . . ."2.7. The second sentence of Article 18 (1) is replaced by the following: "It shall be applicable until 31 December 1994. 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  1995, unless either Party notifies the other at least six months before 31 December 1994 that it  does not agree with this extension. However, if the Agreement on trade in textiles and clothing  products resulting from the Uruguay Round GATT trade negotiations is concluded and enters into  force at an earlier date, this Agreement shall be automatically terminated as of the date agreed  for the implementation of the results of the Uruguay Round GATT trade negotiations."2.8. The first  sentence of Article 7 (1) of Protocol A is replaced by the following: "1. The export licence shall conform to the model annexed to this Protocol and it shall be valid  for exports throughout the customs territory to which the Treaty establishing the European Economic  Community is applied. However, where the Community has made recourse to the provisions of Article 8  in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 2, the  textile products covered by the export licences can only be put into free circulation in the  region(s) of the Community indicated in those licences."2.9. The second indent of Article 12 (1)  of Protocol A to the Agreement is replaced by the following: "The import authorizations shall be valid for six months from the date of their issue for imports  throughout the customs territory to which the Treaty establishing the European Economic Community  is applied. However, where the Community has recourse to the provisions of Article 8 in accordance  with the provisions of the Agreed Minute No 1, or to Agreed Minute No 2, the products covered by  the import licences can only be put into free circulation in the region(s) of the Community  indicated in those licences."2.10. The second and fifth indents of Article 14 (2) of Protocol A  are replaced by the following: "- two letters identifying the intended Member State of customs clearance as follows: BL = Benelux, DE = Germany, DK = Denmark, EL = Greece, ES = Spain, FR = France, GB = United Kingdom, IE = Ireland, IT = Italy, PT = Portugal", "- a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member  State of customs clearance."2.11. Paragraph 3 (b) of Protocol E to the Agreement is deleted. 2.12. Agreed Minute No 1 set out in Appendix 4 to this letter shall form an integral part of the  Agreement. 2.13. Agreed Minute No 2 set out in Appendix 5 to this letter shall form an integral part of the  Agreement. 2.14. Agreed Minute No 3 set out in Appendix 6 to this letter shall form an integral part of the  Agreement. 2.15. Agreed Minute No 4 set out in Appendix 7 to this letter shall form an integral part of the  Agreement. 3. The Parties agreed that 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. The Parties also agreed that this Agreement in the form of an exchange of letters and the  amendments hereby to the Agreement of 1987, as extended, shall be applied provisionally from 1  January 1993. 4. I should be obliged if you kindly confirm the acceptance of your Government of the foregoing. 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 Governmentof the Republic of the PhilippinesAppendix 1 (The contents of  Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages 16 to  42)Appendix 2 ANNEX II(The full product descriptions of the categories listed  in this Annex are to be found in Annex I to the Agreement)>TABLE> Appendix 3 ANNEX TO PROTOCOL E(The product descriptions of the categories figuring in this Annex  are to be found in Annex I to the Agreement)>TABLE>Appendix 4 Agreed  Minute No 1In the context of the Agreement between the European Economic Community and the  Republic of the Philippines on trade in textile and clothing products, initialled on 27 November  1992, the Parties agreed that Article 8 of the Agreement does not preclude the Community, if the  conditions are fulfilled, from applying the safeguard measures for one or more of its regions in  conformity with the principles of the internal market. In such an event, the Philippines shall be informed in advance of the relevant provisions of  Protocol A to the Agreement to be applied, as appropriate.  For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesAppendix 5 Agreed Minute No 2Notwithstanding Article 12 (1) of  this Agreement, for imperative technical or administrative reasons or to find a solution to  economic problems resulting from regional concentration 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 with the principles of the  internal market. However, if the Parties are unable to reach a satisfactory solution during the consultations  provided for in Article 12 (3), the Philippines undertake, if so requested by the Community, to  respect temporary export limits for one or more regions of the Community. In such a case, these  limits shall not preclude the importation into the region(s) concerned of products which were  shipped from the Philippines on the basis of export licences obtained before the date of formal  notification to the Philippines by the Community about the introduction of the above limits. The Community shall inform the Philippines of the technical and administrative measures 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 Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesNote verbale The Directorate-General for External Relations of the  Commission of the European Communities presents its compliments to the Mission of the Republic of  the Philippines to the European Communities and has the honour to refer to the Agreement on textile  products negotiated between the Republic of the Philippines and the Community applied since 1  January 1987, as extended by the exchange of letters initialled on 15 November 1991 and as further  extended by the exchange of letters of 27 November 1992. The Directorate-General wishes to inform the Mission of the Republic of the Philippines that the  Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of  Agreed Minute No 2 to the exchange of letters initialled on 27 November 1992. Consequently, the  corresponding provisions of Articles 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 opportunity to renew to the  Mission of the Republic of the Philippines to the European Communities the assurance of its highest  consideration. Appendix 6 Agreed Minute N° 3In the context of the Agreement between the  European Economic Community and the Republic of the Philippines on trade in textile and clothing  products, initialled in Brussels on 27 November 1992, the Parties agreed that the Philippines shall  endeavour not to deprive certain regions of the Community which have traditionally had relatively  small shares of Community quotas of imports of products serving as inputs for their processing  industry. The Community and the Philippines further agreed to hold consultations, should the need arise, in  order to avert any problems which might occur in this respect. The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the  Agreement on this subject.  For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesAppendix 7 Agreed Minute N° 4In the context of the Agreement  between the European Economic Community and the Republic of the Philippines on trade in textile and  clothing products, applied since 1 January 1987, as extended by the exchange of letters initialled  on 15 November 1991 and further extended by the exchange of letters initialled on 27 November 1992,  the Philippines agreed that, from the date of request for and pending the consultations referred to  in Article 12 (3), it shall cooperate by not issuing export licences that would further aggravate  the problems resulting from the regional concentration of direct imports into the Community. For the Governmentof the Republic of the PhilippinesFor the Councilof the European  CommunitiesExchange of notes The Mission of the Republic of the Philippines to  the European Communities presents its compliments to the Directorate-General for External Relations  of the Commission of the European Communities and has the honour to refer to the Director General's  Note of 27 November 1992 regarding the Agreement on textile products between the Republic of the  Philippines and the Community applied since 1 January 1987, as extended by the exchange of letters  initialled on 15 December 1991 and as further extended by the exchange of letters initialled on 27  November 1992. The Mission of the Republic of the Philippines wishes to confirm to the Directorate-General that  whilst awaiting the completion of the necessary procedures for the conclusion and the coming into  force of the extended Agreement, the Government of the Republic of the Philippines is prepared to  allow the provisions of the extended Agreement to apply de facto from 1 January 1993. This is on  the understanding that either Party may at any time terminate this de facto application of the  extended Agreement provided that 120 days' notice is given. The Mission of the Republic of the Philippines to the European Communities avails itself of this  opportunity to renew to the Directorate-General for External Relations the assurance of its highest  consideration.