Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Malta modifying the Agreement establishing an association between the European Economic Community and Malta
Date: 1999-11-10
Institutions: European Commission
Subjects: Malta, association agreement (EU), import, liberalisation of trade, textile product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.11.1999
COM(1999) 572 final

1999/0234 (ACC)

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an Exchange of Letters
between the European Community and the Republic of Malta modifying the
Agreement establishing an association between the European Economic
Community and Malta

(presented by the Commission)

EXPLANATORY MEMORANDUM

The objective of the attached proposal is to amend the Agreement establishing an
association between the European Economic Community and Malta, which was
signed on 5 December 1970 and entered into force on 1 April 1971, by concluding an
Agreement in the form of an Exchange of Letters between the European Community
and the Republic of Malta. The Exchange of Letters is aimed at repealing the tariff
ceilings for textile products laid down in Article 2 of Annex I to the Association
Agreement, as amended by Article 5 of the Additional Protocol to the Agreement
establishing an association between the EEC and Malta, signed on 27 October 1977.

Notwithstanding the ceilings provided for in Article 2 of Annex I to the Association
Agreement, by common agreement between the contracting parties until 31 December
1997 Malta’s exports to the EC falling under textile category 6 were imported into the
EU free of customs duties up to certain quota levels, representing an increase in
liberalisation of imports of textiles from Malta as compared to the Association
Agreement provisions. The parties’ agreement
to this effect was reflected in a
Memorandum of Understanding initialled on 29 November 1990, as last extended
until 31 December 1997 by an Agreed Minute between the Republic of Malta and the
European Community regarding textile trade1.

Within the framework both of the completion of the first stage of the Association
Agreement and of the Community's liberalisation efforts towards Mediterranean
countries, as well as having regard to the current level of and trends in access of
Malta’s textile products to the EC, both contracting parties expressed the intention to
achieve full liberalisation of textile imports from Malta after 31 December 1997.

Therefore, in order to ensure that the parties’ liberalisation intent is reflected into the
Association Agreement provisions,
the latter should be amended
accordingly.

the text of

Therefore, attached to this Memorandum are:

– a proposal for a Council Decision on the conclusion of the Agreement in the form
of an Exchange of Letters between the European Community and the Republic of
Malta modifying the Agreement establishing an association between the European
Economic Community and Malta; and

– an Agreement

in the form of an Exchange of Letters between the European
Community and the Republic of Malta modifying the Agreement establishing an
association between the European Economic Community and Malta.

1

OJ L 231, 22.8.1997, p. 6.

2

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an Exchange of Letters
between the European Community and the Republic of Malta modifying the
Agreement establishing an association between the European Economic
Community and Malta

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular
Article 133, in conjunction with the first sentence of Article 300 (2) thereof,

Having regard to the proposal from the Commission,

(1) Whereas Article 2 of Annex I to the Agreement establishing an association
between the European Economic Community and Malta2 provides for tariff
ceilings applicable to imports of textile products originating in Malta;

(2) Whereas, pursuant to the Agreed Minute between the Republic of Malta and
the European Community regarding textile trade signed on 4 June 19973, until
31 December 1997 products falling within textile category 6 were imported
into the European Community duty free up to certain quota levels, which
levels represented an increase in liberalisation of imports originating in Malta
as compared to the tariff ceilings laid down in the Association Agreement;

(3) Whereas, within the framework both of the completion of the first stage of the
Association Agreement and of the Community’s liberalisation efforts towards
Mediterranean countries, as well as having regard to the current level of and
trends in access to Malta’s textile products to the EC, full liberalisation of
textile imports from Malta should be achieved;

(4) Whereas for this reason the Agreement in the form of an Exchange of Letters
repealing the tariff ceilings laid down in Article 2 of Annex I to the Agreement
establishing an association between the European Economic Community and
Malta, should be approved;

2

3

OJ L 61, 14.3.1971, p. 2. Agreement as supplemented by the Additional Protocol (OJ L 304,
29.11.1977, p. 2), the Supplementary Protocol (OJ L 81, 23.3.1989, p. 2) and the Protocol
extending the first stage of the Agreement (OJ L 116, 9.5.1991, p. 67).
OJ L 231, 22.8.1997, p. 6.

3

HAS DECIDED AS FOLLOWS:

Article

The Agreement
in the form of an Exchange of Letters between the European
Community and the Republic of Malta modifying the Agreement establishing an
association between the European Community and Malta, is hereby approved on
behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered
to sign the Agreement in the form of an Exchange of Letters in order to bind the
Community.

Done at Brussels,

For the Council
The President

4

AGREEMENT

in the form of an Exchange of Letters between the European Community and the
Republic of Malta modifying the Agreement establishing an association between
the European Economic Community and Malta

A. Letter from the Community

Sir,

I have the honour to refer to the trade regime for imports of textile products
originating in Malta into the European Community laid down in Article 2 of Annex I
to the Agreement establishing an association between the European Economic
Community and Malta, as amended by Article 5 of the Additional Protocol to the
Agreement establishing an association between the European Economic Community
and Malta signed on 27 October 1977. In order to achieve full liberalisation of textile
imports from Malta within the framework of both the completion of the first stage of
the Agreement establishing an association between the Economic European
Community and Malta and of the Community's liberalisation efforts towards the
Mediterranean countries, it has been agreed that the tariff ceilings of Article 2 of
Annex I
to the Agreement establishing an association between the European
Community and Malta shall be repealed.

I should be obliged if you would confirm that your Government is in agreement with
the content of this letter.

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

For the Council of the European Union

5

Sir,

B. Letter from Malta

I have the honour to acknowledge receipt of your letter of today’s date which reads as
follows:

‘I have the honour to refer to the trade regime for imports of textile products
originating in Malta into the European Community laid down in Article 2 of Annex I
to the Agreement establishing an association between the European Economic
Community and Malta, as amended by Article 5 of the Additional Protocol to the
Agreement establishing an association between the European Economic Community
and Malta signed on 27 October 1977. In order to achieve full liberalisation of textile
imports from Malta within the framework of both the completion of the first stage of
the Agreement establishing an association between the Economic European
Community and Malta and of the Community's liberalisation efforts towards the
Mediterranean countries, it has been agreed that the tariff ceilings of Article 2 of
Annex I
to the Agreement establishing an association between the European
Community and Malta shall be repealed.

I should be obliged if you would confirm that your Government is in agreement with
the content of this letter’.

I have the honour to confirm that my Government is in agreement with the content of
your letter.

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

6