Proposal for a Council Decision on the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products
Date: 2003-12-17
Institutions: European Commission
Subjects: Belarus, customs duties, export restriction, import, quantitative restriction, textile product, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.12.2003
COM(2003) 798 final

2003/0315 (ACC)

Proposal for a

COUNCIL DECISION

on the provisional application of a bilateral agreement between the European
Community and the Republic of Belarus on trade in textile products

.

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

In accordance with the Council negotiating directives of 29 September 2003, the Commission
has negotiated an agreement on the renewal for one year of the existing bilateral Agreement
between the European Community and the Republic of  Belarus on trade in textile products.
This agreement in the form of an exchange of letters will initialled mid-December 2003.

The agreement provides for an extension of the present textiles agreement until 31 December
2004. The quantitative limits have been adjusted to take account of the normal yearly growth
rates provided for in the current agreement and to adjust them, from 1 May 2004, to take into
account the enlargement of the EU.

The  Council  is  invited  to  approve  on  behalf  of  the  Community  this  proposal  for  a  Council
Decision  on  the  provisional  application  of  the  Agreement  in  the  form  of  an  Exchange  of
Letters amending the existing Agreement between the European Community and the Republic
of  Belarus  on  trade  in  textile  and  clothing  products  pending  the  formal  conclusion  of  that
Agreement on behalf of the Community.

2

 
2003/0315 (ACC)

Proposal for a

COUNCIL DECISION

on the provisional application of a bilateral agreement between the European
Community and the Republic of Belarus 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 Article 300, paragraph 2, first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Commission has negotiated on behalf of the Community a bilateral agreement to
extend  for  one  year  the  existing  bilateral  agreement  and  protocols  on  trade  in  textile
products  with  the  Republic  of  Belarus,  with  quantitative  limits  adjusted  to  take  into
account annual growth rates and the enlargement of the European Union;

Subject to their possible conclusion at a later date, the Agreement should be signed on
behalf the Community;

This  bilateral  agreement  should  be  applied  on  a  provisional  basis  as  of  1st  January
2004, pending  the  completion of  procedures  required  for  their  conclusion,  subject  to
the reciprocal provisional application by the Republic of Belarus.

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 Agreement on trade in textile products between the European Community and Belarus.

Article 2

The Agreement in the form of an Exchange of Letters amending the Agreement between the
European Community and the Republic of Belarus on trade in textile products shall be applied
on  a  provisional  basis,  pending  its  formal  conclusion  and  subject  to  reciprocal  provisional
application of the Agreement by the Republic of Belarus1, from 1st January 2004.

1

The  date  from  which  provisional  application  will  become  effective  will  be  published  in  the  Official
Journal of the European Union, C series.

3

 
                                                
The text of the Agreement is annexed to this Decision.

Article 3

1.

2.

In case Belarus fails to fulfil its  obligations under paragraph  2.5  of  the Agreement,
the quota for 2004 will be reduced to the levels applicable in 20032.

The  decision  to  implement  paragraph  1  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.

Article 4

This Decision shall be published in the Official Journal of the European Union. It shall enter
into force the day after its publication in the Official Journal.

Done at Brussels, […]

For the Council
The President

2

OJ  L  275,  8.11.1993,  p.  1.  Regulation  last  amended  by  Council  Regulation  (EC)  No  138/2003
of 21 January 2003.

4

 
                                                
ANNEX

AGREEMENT  in  the  form  of  an  Exchange  of  Letters  between  the  European
Community  and  the  Republic  of  Belarus  amending  the  Agreement  between  the
European Community and the Republic of Belarus on trade in textile products initialled
in  Brussels  on  1  April  1993,  as  last  amended  by  an  Agreement  in  the  form  of  an
Exchange of Letters initialled on 11 November 1999

Letter from the Council of the European Union

Sir,

1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

I have the honour to refer to the Agreement between the European Community and
the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last
amended  and  extended  by  the  Agreement  in  the  form  of  an  Exchange  of  Letters
initialled on 11 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  19  (1)  of  the  Agreement,  the  European  Community  and  the  Republic  of
Belarus  agree  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  19,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

Annex II which sets out the quantitative restrictions for exports from the Republic of
Belarus to the European Community is replaced by Appendix 2 to this letter.

The Annex to Protocol C which sets out the quantitative restrictions for exports from
the  Republic  of  Belarus  to  the  European  Community  after  OPT  operations  in  the
Republic  of  Belarus  is  replaced  for  the  period  of  1  January  2004  to  31  December
2004 by Appendix 3 to this letter.

Imports into Belarus of textile and clothing products of European Community origin
shall be subject in 2004 to custom duties not exceeding  those provided for 2003 in
Appendix  4  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the
European Community and the Republic of Belarus initialled on 11 November 1999.

In  the  case  of  non-application  of  these  rates  the  Community  will  have  the  right  to
reintroduce for the period of the agreement remaining unexpired on a pro rata basis
the  levels  for  quantitative  restrictions  applicable  for  2003  as  specified  in  the
Exchange of Letters initialled on 11 November 1999.

5

 
3.

4.

Should the Republic of Belarus become a Member of the World Trade Organisation
before the date of  expiry of the  Agreement the restrictions in force shall be phased
out in the framework of the WTO Agreement on Textiles and Clothing and Belarus’
Protocol  of  accession  to  the  WTO.  In  addition,  the  provisions  of  Articles  2,
paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B,
Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed
Minute  No  4  and  Agreed  Minute  No  6  shall  continue  to  be  applicable  as
administrative  arrangements  within  the  meaning  of  Article  2,  paragraph  17  of  the
WTO Agreement on Textiles and Clothing.

I should be obliged if you could kindly confirm the acceptance of your Government
of the foregoing. Should this be the case, this Agreement in the form of an Exchange
of  Letters 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 the condition of reciprocity.

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 Belarus on trade in textile
products initialled on 1 April 1993, containing the category and goods descriptions for textiles
products,  is  replaced  by  Annex  I  to  EC  Regulation  3030/933.  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.

3

In 2002 this Annex was published in OJ No. L 357 of 31.12.2002.

7

 
                                                
Appendix 2

Annex II

Belarus

Category

unit

Group IA

Group IB

Group IIA

Group IIB

Group IIIA

Group IIIB

Group IV

Quota 2004 as
from 1
January 04
1480

3765

218

1073

954

838

830

953

346

306

387

242

218

5611

2533

959

175

839

732

1

2

3

4

5

6

7

8

9

20

22

23

39

12

13

15

16

21

24

tonnes

tonnes

tonnes

T pieces

T pieces

T pieces

T pieces

T pieces

tonnes

tonnes

tonnes

tonnes

tonnes

T pairs

T pieces

T pieces

T pieces

T pieces

T pieces

26/27

T pieces

1012

29

73

83

33

36

37

50

67

74

90

115

117

118

T pieces

T pieces

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

T pieces

tonnes

tonnes

tonnes

tonnes

351

296

170

366

1174

440

142

322

342

188

83

973

426

T pieces: thousand of pieces

Quota 2004 as
from 1 May 04

 1532

 4334

225

1135

1012

854

843

1062

347

307

473

243

219

5675

2574

969

176

850

764

1023

352

302

173

370

1178

441

186

 323

346

189

83

1210

427

8

 
Appendix 3

Annex to Protocol C

Category

Unit

1 Jan 2004

1 000 pieces

4420

1 000 pieces

6167

1 000 pieces

7524

1 000 pieces

5582

1 000 pieces

1858

1 000 pieces

4163

1 000 pieces

412

1 000 pieces

3225

3228

1 000 pieces

736

736

1 000 pieces

2402

2403

4

5

6

7

8

12

13

15

16

21

24

1 May
2004

4432

6179

7526

5586

1966

4163

419

526

2598

1221

4679

622

816

1 000 pieces

509

26/27

1 000 pieces

2598

29

73

83

74

1 000 pieces

1221

1 000 pieces

4678

tonnes

1 000 pieces

622

816

9

 
Letter from the Government of the Republic of Belarus

Sir,

I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Community  and  the
Republic of  Belarus on trade in textile  products  initialled  on  1  April  1993,  as  last  amended
and  extended  by  the  Agreement  in  the  form  of  an  Exchange  of  Letters  initialled  on  11
November  1999  (hereafter  referred  to  as  the  'Agreement').  I  herebyacknowledge  receipt  of
your letter of ….. which reads as follows:

“ Sir,

1.

1.1.

1.2.

1.3.

1.4.

1.5.

In view of the expiry of the Agreement on 31 December 2003 and in accordance with
Article  19  (1)  of  the  Agreement,  the  European  Community  and  the  Republic  of
Belaruss agree 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  19,  paragraph  1,  second  and  third  sentences,  of  the  Agreement
shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

Annex II which sets out the quantitative restrictions for exports from the Republic of
Belarus to the European Community is replaced by Appendix 2 to this letter.

The Annex to Protocol C which sets out the quantitative restrictions for exports from
the  Republic  of  Belarus  to  the  European  Community  after  OPT  operations  in  the
Republic  of  Belarus  is  replaced  for  the  period  of  1  January  2004  to  31  December
2004 by Appendix 3 to this letter.

Imports into Belarus of textile and clothing products of European Community origin
shall be subject in 2004 to custom duties not exceeding  those provided for 2003 in
Appendix  4  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the
European Community and the Republic of Belarus initialled on 11 November 1999.

In  the  case  of  non-application  of  these  rates  the  Community  will  have  the  right  to
reintroduce for the period of the agreement remaining unexpired on a pro rata basis
the  levels  for  quantitative  restrictions  applicable  for  2003  as  specified  in  the
Exchange of Letters initialled on 11 November 1999.

10

 
2.

3.

Should the Republic of Belarus become a Member of the World Trade Organisation
before the date of  expiry of the  Agreement the restrictions in force shall be phased
out in the framework of the WTO Agreement on Textiles and Clothing and Belarus’
Protocol  of  accession  to  the  WTO.  In  addition,  the  provisions  of  Articles  2,
paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, Protocol A, Protocol B,
Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3, Agreed
Minute  No  4  and  Agreed  Minute  No  6  shall  continue  to  be  applicable  as
administrative  arrangements  within  the  meaning  of  Article  2,  paragraph  17  of  the
WTO Agreement on Textiles and Clothing.

This Agreement in the form of an Exchange of  Letters 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 the condition of
reciprocity”.

I  should  be  obliged  if  you  could  kindly  confirm  the  acceptance  of  your  Government  of  the
foregoing.

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

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 Belarus

11