2002/877/EC: Council Decision of 5 November 2002 on the signing, on behalf of the European Community, and provisional application of an Agreement in the form of a Memorandum of Understanding between the European Community and the Federative Republic of Brazil on arrangements in the area of market access for textile and clothing products
Date: 2002-11-05
Institutions: Council of the European Union
Subjects: Brazil, clothing, free-trade agreement, import policy, interim agreement (EU), market access, protocol to an agreement, textile product

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Official Journal of the European Communities

7.11.2002

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 5 November 2002

on the signing, on behalf of the European Community, and provisional application of an Agree-
ment in the form of a Memorandum of Understanding between the European Community and the
Federative Republic of Brazil on arrangements in the area of market access for textile and clothing
products

(2002/877/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof, in conjunction with
the first and second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

the
The Commission has negotiated on behalf of
Community a bilateral Agreement
in the form of a
Memorandum of Understanding on trade in textile
products with Brazil.

The Agreement
Understanding was initialled on 8 August 2002.

in the form of a Memorandum of

The Agreement
Understanding should be signed on behalf of
Community.

in the form of a Memorandum of
the

In order to allow its benefits to accrue to both Parties
immediately following the relevant notifications,
is
appropriate to apply this Agreement on a provisional
basis pending completion of the relevant procedures for
its formal conclusion, subject to reciprocity,

it

Article 1

Subject to possible conclusion at a later date the President of
the Council
is hereby authorised to designate the persons
empowered to sign, on behalf of the European Community, the
Agreement in the form of a Memorandum of Understanding
on trade in textile products with Brazil.

Article 2

Subject to reciprocity, the Agreement in the form of a Memor-
andum of Understanding shall be applied on a provisional basis
pending the completion of
the procedures for its formal
conclusion.

The text of the Agreement is attached to this Decision.

Article 3

The Commission,

in accordance with the procedure
1.
referred to in Article 17 of Council Regulation (EC) No 3030/
93 of 12 October 1993 on common rules for imports of
certain textile products from third countries (1), may modify the
application of the double-checking regime for certain products,
the
after consultations with Brazil under paragraph 6 of
Memorandum of Understanding.

2.
In the event of the failure on the part of Brazil to fulfil
the obligations covered by paragraphs 2 and 5 of the Memor-
andum of Understanding or of its additional agreed minute, the
Commission shall re-apply the quota regime in accordance with
the procedure referred to in Article 17 of Regulation 3030/93.

(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 797/2002 (OJ L 128, 15.5.2002, p. 29).

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Official Journal of the European Communities

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This Decision shall take effect on the day following that of its publication in the Official Journal of the
European Communities.

Article 4

Done at Brussels, 5 November 2002.

For the Council

The President

T. PEDERSEN