Agreement in the form of an Exchange of Letters between the European Community and the Republic of Azerbaijan amending the Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products initialled at Brussels on 20 September 1993, as last amended by an Agreement in the form of an Exchange of Letters initialled on 18 December 1995 - Exchange of notes
Date: 1999-12-21
Institutions: Azerbaijan, European Community
Subjects: Azerbaijan, USSR, agreement (EU), textile product, trade agreement

L 343/6

EN

Official Journal of the European Communities

31.12.1999

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community and the Republic of Azerbaijan amending the Agreement
between the European Economic Community and the Republic of Azerbaijan on trade in textile
products initialled at Brussels on 20 September 1993, as last amended by an Agreement in the
form of an Exchange of Letters initialled on 18 December 1995

A. Letter from the Council of the European Union

Sir,

1.

I have the honour to refer to the Agreement between the European Economic Community and the
Republic of Azerbaijan on trade in textile products initialled on 20 September 1993, as last amended
by the Agreement in the form of an Exchange of Letters initialled on 18 December 1995 (hereafter
referred to as the (cid:145)Agreement(cid:146)).

2.

In view of the expiry of the Agreement on 31 December 1999 and in accordance with Article 20(4)
of the Agreement, the European Community proposes to extend the duration of the Agreement, for a
further period of at least three years, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by

Appendix 1 to this letter.

2.2. The text of Article 20(1), second and third sentences, of the Agreement shall be replaced by the

following:

(cid:145)It shall be applicable until 31 December 2002. Thereafter, the application of all of the provisions of
this Agreement shall be extended automatically for a period of one more year up to 31 December
2003, unless either Party notifies the other at least six months before 31 December 2002 that it does
not agree with this extension.(cid:146)

2.3. Textile categories 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136 are exempted from the double-checking
system referred to in Article 2(3) of the Agreement and specified in Protocol A. If, in a given year, the
levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the
Agreement, the double-checking system will be automatically reintroduced for these categories.

3.

4.

Should the Republic of Azerbaijan become a member of the World Trade Organisation before the
date of expiry of the Agreement, the provisions of Articles 2(2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol
A, Protocol B, Protocol C, Agreed Minutes No 1, Agreed Minutes No 2, Agreed Minutes No 3 and
Agreed Minutes No 4 shall continue to be applicable as administrative arrangements within the
meaning of Article 2(17) of the WTO Agreement on Textiles and Clothing.

I should be obliged if you could kindly confirm your Government’s acceptance of the foregoing.
Should this be the case, this letter together with its appendix and your letter of acceptance will
constitute an Agreement in the form of an Exchange of Letters which 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.
it shall be applied
provisionally from 1 January 2000 on conditions of reciprocity.

In the meantime,

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

For the Council
of the European Union

31.12.1999

EN

Official Journal of the European Communities

L 343/7

Appendix 1

Annex I to the Agreement between the European Community and Azerbaijan on trade in textile products
initialled on 20 September 1993, containing the category and goods descriptions for textile products, is
replaced by Annex I to Regulation (EEC) No 3030/93 (1). It is understood that, without prejudice to the
rules for the interpretation of the combined nomenclature, the wording of the description of goods is
considered to be of indicative value only, since the products covered by each category are determined,
within that Annex by CN codes. Where there is an (cid:145)ex(cid:146) symbol in front of a CN code, the products covered
in each category are determined by the scope of the CN code and by that of the corresponding description.

(1) In 1999 this Annex was amended by Commission Regulation (EC) No 1072/1999 (OJ L 134, 28.5.1999, p. 1).

Appendix 2

Exchange of Notes

The Directorate-General for Trade of the Commission of the European Union presents its compliments to
the Mission of the Republic of Azerbaijan and has the honour to refer to the Agreement between the
European Community and the Republic of Azerbaijan on Trade in Textile Products initialled on 20
September 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on
. . . 1999.

The Directorate-General for Trade wishes to inform the Mission of the Republic of Azerbaijan that, whilst
awaiting the completion of the necessary procedures for the conclusion and coming into force of the
Agreement in the form of an Exchange of Letters, the European Community is prepared to allow the
provisions of the Agreement to apply de facto from 1 January 2000. This is on the understanding that
either Party may at any time terminate this de facto application of the Agreement in the form of an
Exchange of Letters provided that four months notice is given.

The Directorate-General for Trade would be grateful if the Mission of the Republic of Azerbaijan would
confirm its agreement to the foregoing.

The Directorate-General for Trade of the Commission of the European Union avails itself of this oppor-
tunity to renew to the Ministry of Foreign Affairs of the Republic of Azerbaijan the assurance of its highest
consideration.

L 343/8

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Official Journal of the European Communities

31.12.1999

B. Letter from the Government of the Republic of Azerbaijan

Sir,

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

(cid:145)Sir,

1.

I have the honour to refer to the Agreement between the European Economic Community and
the Republic of Azerbaijan on trade in textile products initialled on 20 September 1993, as last
amended by the Agreement in the form of an Exchange of Letters initialled on 18 December 1995
(hereafter referred to as the (cid:147)Agreement(cid:148)).

2.

In view of the expiry of the Agreement on 31 December 1999 and in accordance with Article
20(4) of the Agreement, the European Community proposes to extend the duration of the
Agreement, for a further period of at least three years, subject to the following amendments
and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by

Appendix 1 to this letter.

2.2. The text of Article 20(1), second and third sentences, of the Agreement shall be replaced by the

following:

(cid:147)It shall be applicable until 31 December 2002. Thereafter, the application of all of the provisions
of this Agreement shall be extended automatically for a period of one more year up to 31
December 2003, unless either Party notifies the other at least six months before 31 December
2002 that it does not agree with this extension.(cid:148)

2.3. Textile categories 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136 are exempted from the double-checking
system referred to in Article 2(3) of the Agreement and specified in Protocol A. If, in a given year,
the levels of imports of products of these textile categories exceed the rates specified in Article
5(2) of the Agreement, the double-checking system will be automatically reintroduced for these
categories.

3.

4.

Should the Republic of Azerbaijan become a member of the World Trade Organisation before the
date of expiry of the Agreement, the provisions of Articles 2(2) to (6), 3, 6, 7, 8, 9, 11 to 19,
Protocol A, Protocol B, Protocol C, Agreed Minutes No 1, Agreed Minutes No 2, Agreed Minutes
No 3 and Agreed Minutes No 4 shall continue to be applicable as administrative arrangements
within the meaning of Article 2(17) of the WTO Agreement on Textiles and Clothing.

I should be obliged if you could kindly confirm your Government’s acceptance of the foregoing.
Should this be the case, this letter together with its appendix and your letter of acceptance will
constitute an Agreement in the form of an Exchange of Letters which shall enter into force on the
first day of the month following the day on which the Parties have notified each other that the
legal procedures necessary to this end have been completed. In the meantime, it shall be applied
provisionally from 1 January 2000 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration.(cid:146)

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.

For the Government
of the Republic of Azerbaijan

31.12.1999

EN

Official Journal of the European Communities

L 343/9

Appendix 1

Annex I to the Agreement between the European Community and Azerbaijan on trade in textile products
initialled on 20 September 1993, containing the category and goods descriptions for textile products, is
replaced by Annex I to Regulation (EEC) No 3030/93 (1). It is understood that without prejudice to the
rules for the interpretation of the combined nomenclature, the wording of the description of goods is
considered to be of indicative value only, since the products covered by each category are determined,
within that Annex by CN codes. Where there is an (cid:145)ex(cid:146) symbol in front of a CN code, the products covered
in each category are determined by the scope of the CN code and by that of the corresponding description.

(1) In 1999 this Annex was amended by Commission Regulation (EC) No 1072/1999 (OJ L 134, 28.5.1999, p. 1).

Appendix 2

Exchange of Notes

The Mission of the Republic of Azerbaijan presents its compliments to the Directorate-General for Trade of
the Commission of the European Union and has the honour to refer to the Note of the Directorate-General
(date of Note Verbale) regarding the Agreement on trade in textile products initialled on 20 September
1993, as last amended by the Agreement in the form of an Exchange of Letters initialled . . . 1999.

The Mission of the Republic of Azerbaijan wishes to confirm to the Directorate-General for Trade that,
whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of
the Agreement in the form of an Exchange of Letters, the Government of the Republic of Azerbaijan is
prepared to allow the provisions of the Agreement to be applied de facto from 1 January 2000. This is on
the understanding that either Party may at any time terminate this de facto application of the Agreement in
the form of an Exchange of Letters provided that four months notice is given.

The Mission of the Republic of Azerbaijan avails itself of this opportunity to renew to the Directorate-
General for Trade of the Commission of the European Union the assurance of its highest consideration.