Proposal for a Council Decision on the signing and the provisional application of bilateral agreements between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) on trade in textile products
Date: 2003-11-19
Institutions: European Commission
Subjects: Azerbaijan, Kazakhstan, Turkmenistan, clothing, renewal of an agreement, textile product, trade agreement (EU), trade by product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.11.2003
COM(2003) 712 final

2003/0276 (ACC)

Proposal for a

COUNCIL DECISION

on the signing and the provisional application of bilateral agreements between the
European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan
and Turkmenistan) on trade in textile products

(presented by the Commission)

EXPLANATORY MEMORANDUM

In accordance with the Council negotiating directives of 29 September 2003, the Commission
has negotiated agreements on the extension of the existing bilateral Agreements between the
European  Community  and  certain  third  countries  (Azerbaijan,  Kazakhstan,  Tajikistan  and
Turkmenistan) on trade in textile products.

These agreements provide for an extension of the present textiles agreements (roll-over) until
31 December 2004.

Pending  the  completion  of  the  relevant  procedures,  the  Commission  proposes  that  the
Agreements be applied provisionally as from 1 January 2004, subject to reciprocity.

The  Council  is  invited  to  approve  on  behalf  of  the  Community  this  proposal  for  a  Council
Decision  on  the  provisional  application  of  the  Agreements  in  the  form  of  an  Exchange  of
Letters  amending  the  existing  Agreements  between  the  European  Community  and  certain
third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) on trade in textile and
clothing  products  pending  the  formal  conclusion  of  that  Agreement  on  behalf  of  the
Community.

2

2003/0276 (ACC)

Proposal for a

COUNCIL DECISION

on the signing and the provisional application of bilateral agreements between the
European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan
and Turkmenistan) on trade in textile products

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 the first subparagraph of Article 300 (2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Commission has negotiated on behalf of the  Community  bilateral  agreements to
extend the existing bilateral agreements on trade in textile products with certain third
countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan).

Subject to their possible conclusion at a  later date, the  Agreements should be signed
on behalf of the Community.

It  is  appropriate  to  apply  these  Agreements  on  a  provisional  basis  as  from
1 January 2004 pending the completion of the relevant procedures  for its conclusion,
subject to reciprocity.

HAS DECIDED AS FOLLOWS:

Article 1

Subject  to  a  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  Agreements  on  trade  in  textile  products  between  the  European  Community  and  certain
third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan).

3

Article 2

Subject  to  reciprocity,  the  Agreements  referred  to  in  Article  1  shall  be  applied  on  a
provisional  basis  as  from  1  January  2004  pending  the  completion  of  the  procedures  for  its
conclusion.

The texts of the Agreements are annexed to this Decision

Done at Brussels, […]

For the Council
The President

4

ANNEX

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 in Brussels on 20 September 1993, as last amended by an Agreement
in the form of an Exchange of Letters initialled on 26 November 1999

Letter from the Council of the European Union

Sir,

1.

2.

2.1.

2.2.

2.3.

3.

4.

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 26 November 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

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  any  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.

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 Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

5

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

For the Council of the European Union

6

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  textiles  products,  is  replaced  by  Annex  I  to  EC  Regulation  3030/931.  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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

7

                                                
Letter from the Government of the Republic of Azerbaijan

Sir,

I have the honour to acknowledge receipt of your letter of ….. which reads as follows:

" Sir,

1.

2.

2.1

2.2.

2.3.

3.

4.

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 26 November 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

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  any  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.

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 Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

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

8

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

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  textiles  products,  is  replaced  by  Annex  I  to  EC  Regulation  3030/931.  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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

10

                                                
AGREEMENT  in  the  form  of  an  Exchange  of  Letters  between  the  European
Community  and  the  Republic  of  Kazakhstan  amending  the  Agreement  between  the
European  Economic  Community  and  the  Republic  of  Kazakhstan  on  trade  in  textile
products initialled in Brussels on 15 October 1993, as last amended by an Agreement in
the form of an Exchange of Letters initialled on 29 November 1999

Letter from the Council of the European Union

Sir,

1.

2.

2.1.

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community and the Republic of Kazakhstan on trade in textile products initialled on
15 October 1993, as last amended by the Agreement in the form of an Exchange of
Letters initialled on 29 November 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  1,  3,  4,  5,  6,  7  and  8  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.

Should  the  Republic  of  Kazakhstan  become  a  Member  of  the  World  Trade
Organisation before the date of expiry of the Agreement, the provisions of Articles 2
(2) to (5), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

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

For the Council of the European Union

11

Appendix 1

Annex  I  to  the  Agreement  between  the  European  Community  and  Kazakhstan  on  trade  in
textile products initialled on 15 October 1993, containing the category and goods descriptions
for textiles products, is replaced by Annex I to EC Regulation 3030/931. 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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

12

                                                
Letter from the Government of the Republic of Kazakhstan

Sir,

I have the honour to acknowledge receipt of your letter of ….. which reads as follows:

" Sir,

1.

2.

2.1

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community and the Republic of Kazakhstan on trade in textile products initialled on
15 October 1993, as last amended by the Agreement in the form of an Exchange of
Letters initialled on 29 November 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  1,  3,  4,  5,  6,  7  and  8  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.

Should  the  Republic  of  Kazakhstan  become  a  Member  of  the  World  Trade
Organisation before the date of expiry of the Agreement, the provisions of Articles 2
(2) to (5), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

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

13

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 Kazakhstan

14

Appendix 1

Annex  I  to  the  Agreement  between  the  European  Community  and  Kazakhstan  on  trade  in
textile products initialled on 15 October 1993, containing the category and goods descriptions
for textiles products, is replaced by Annex I to EC Regulation 3030/931. 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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

15

                                                
AGREEMENT in the form of an exchange of letters between the European Community
and  the  Republic  of  Tajikistan  amending  the  Agreement  between  the  European
Economic  Community  and  the  Republic  of  Tajikistan  on  trade  in  textile  products
initialled in Brussels on 16 July 1993, as last amended by the Agreement in the form of
an Exchange of Letters initialled on 27 October 1999.

Letter from the Council of the European Union

Sir,

1.

2.

2.1.

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community and the Republic of Tajikistan on trade in textile products initialled on
16  July  1993,  as  last  amended  by  the  Agreement  in  the  form  of  an  Exchange  of
Letters initialled on 27 October 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  3,  4,  5  and  7  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.

Should  the  Republic  of  Tajikistan  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 Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

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

For the Council of the European Union

16

Appendix 1

Annex I to the Agreement between the European Community and the Republic of Tajikistan
on  trade  in  textile  products  initialled  on  16  July  1993,  containing  the  category  and  goods
descriptions  for  textiles  products,  is  replaced  by  Annex  I  to  EC  Regulation  3030/931.  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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

17

                                                
Letter from the Government of the Republic of Tajikistan

Sir,

I have the honour to acknowledge receipt of your letter of ….. which reads as follows:

" Sir,

1.

2.

2.1

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community and the Republic of Tajikistan on trade in textile products initialled on
16  July  1993,  as  last  amended  by  the  Agreement  in  the  form  of  an  Exchange  of
Letters initialled on 27 October 1999 (hereafter referred to as the ‘Agreement’).

In view of the expiry of the Agreement on 31 December 2003 and in accordance with
Article 20 (4) of the Agreement, the European Community proposes  to  maintain in
force  the  Agreement,  for  a  further  period  of  one  year,  subject  to  the  following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  3,  4,  5  and  7  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.

Should  the  Republic  of  Tajikistan  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 Minute
No  1,  Agreed  Minute  No  2,  Agreed  Minute  No  3  and  Agreed  Minute  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 2004 on conditions of reciprocity.

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

18

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 Tajikistan

19

Appendix 1

Annex I to the Agreement between the European Community and the Republic of Tajikistan
on  trade  in  textile  products  initialled  on  16  July  1993,  containing  the  category  and  goods
descriptions  for  textiles  products,  is  replaced  by  Annex  I  to  EC  Regulation  3030/931.  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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

20

                                                
AGREEMENT  in  the  form  of  an  Exchange  of  Letters  between  the  European
Community  and  Turkmenistan  amending  the  Agreement  between  the  European
Economic  Community  and  Turkmenistan  on  trade  in  textile  products  initialled  in
Brussels  on  18  October  1993,  as  last  amended  by  an  Agreement  in  the  form  of  an
Exchange of Letters initialled on 2 December 1999

Letter from the Council of the European Union

Sir,

1.

2.

2.1.

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community  and  Turkmenistan  on 
initialled  on
trade 
18 October 1993, as last amended by the Agreement in the form of an Exchange of
Letters initialled on 2 December 1999 (hereafter referred to as the ‘Agreement’).

textile  products 

in 

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  2,  3,  4,  5,  6,  7  and  8  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.

Should Turkmenistan 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 Minute No 1, Agreed Minute
No 2, Agreed Minute No 3 and Agreed Minute 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 2004 on conditions of reciprocity.

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

For the Council of the European Union

21

Appendix 1

Annex I to the Agreement between the European Community and Turkmenistan on trade in
textile products initialled on 18 October 1993, containing the category and goods descriptions
for textiles products, is replaced by Annex I to EC Regulation 3030/931. 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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

22

                                                
Letter from the Government of the Republic of Turkmenistan

Sir,

I have the honour to acknowledge receipt of your letter of ….. which reads as follows:

"Sir,

1.

2.

2.1

2.2.

2.3.

3.

4.

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Economic
Community  and  Turkmenistan  on 
initialled  on
trade 
18 October 1993, as last amended by the Agreement in the form of an Exchange of
Letters initialled on 2 December 1999 (hereafter referred to as the ‘Agreement’).

textile  products 

in 

In view of the expiry of the Agreement on 31 December 2003 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 one year, subject to the following
amendments and conditions:

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

The  text  of  Article  20,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

‘It shall be applicable until 31 December 2004.’

Textile  categories  2,  3,  4,  5,  6,  7  and  8  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.

Should Turkmenistan 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 Minute No 1, Agreed Minute
No 2, Agreed Minute No 3 and Agreed Minute 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 2004 on conditions of reciprocity.

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

23

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 Turkmenistan

24

Appendix 1

Annex I to the Agreement between the European Community and Turkmenistan on trade in
textile products initialled on 18 October 1993, containing the category and goods descriptions
for textiles products, is replaced by Annex I to EC Regulation 3030/931. 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  ‘ex’  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 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

25