2003/453/EC: Council Decision of 2 June 2003 on the signing, on behalf of the European Community, of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products and other market opening measures, and authorising its provisional application
Date: 2003-06-02
Institutions: Council of the European Union
Subjects: Viet Nam, clothing, liberalisation of the market, quantitative restriction, textile product, trade agreement (EU), trading operation

20.6.2003

EN

Official Journal of the European Union

L 152/41

COUNCIL DECISION

of 2 June 2003

on the signing, on behalf of the European Community, of the Agreement in the form of an
Exchange of Letters amending the Agreement between the European Community and the Socialist
Republic of Vietnam on trade in textile and clothing products and other market opening measures,
and authorising its provisional application

(2003/453/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

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

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement, on behalf of
the Community, subject to its conclusion.

Having regard to the proposal from the Commission,

Article 3

Whereas:

(1)

(2)

(3)

The Commission has negotiated on behalf of
the
Community an Agreement in the form of an Exchange
of Letters on trade in textile products with Vietnam
(hereinafter the Agreement).

The Agreement was initialled on 15 February 2003.

Subject to reciprocity, and in order to allow its benefits
to accrue to both Parties immediately following the rele-
vant notifications, it is appropriate to apply this Agree-
ment on a provisional basis as from 15 April 2003
pending the completion of the procedures for its formal
conclusion.

(4)

The Agreement should be signed on behalf of
Community,

the

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement in the form of an Exchange of
Letters
amending the Agreement between the European
Community and the Socialist Republic of Vietnam on trade in
textile and clothing products (1) and other market opening
measures, and authorising its provisional application, is hereby
approved on behalf of the Community, subject to the Council
Decision concerning the conclusion of the said Agreement.

The text of the Agreement is annexed to this Decision.

Subject to reciprocity, the Agreement shall be applied on a
provisional basis as from 15 April 2003 pending the comple-
tion of the procedures for its formal conclusion.

Article 4

1.
The increases of quotas to the levels indicated in Annex 2
of the Agreement will be carried out each year upon imple-
mentation by Vietnam of its commitments under paragraphs 3,
the Agreement between the
4, 8 and 10 of Article 3 of
European Community and the Socialist Republic of Vietnam on
trade in textile and clothing products.

2.
In case Vietnam fails to fulfil its obligations under para-
graphs 3, 4, 8, 9 and 10 of Article 3 of that Agreement in
2003, the quotas for 2003 will be reduced to the levels indi-
cated in Annex 2, column 3. In case Vietnam fails to fulfil its
obligations in 2004 or 2005, these levels will be increased by a
growth rate of 3 % per annum. In such cases, any quantities
already shipped in excess of the re-established quota levels will
be deducted from the quotas of the following years.

3.
The Decision to implement paragraph 2 shall be taken in
accordance with the procedures referred to in Article 17 of
Council Regulation (EEC) No 3030/93 of 12 October 1993 on
common rules for imports of certain textile products from third
countries (2).

Done at Luxembourg, 2 June 2003.

For the Council

The President

K. STEFANIS

(1) OJ L 410, 31.12.1992, p. 279.

(2) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 138/2003 (OJ L 23, 28.1.2003, p. 1).