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
Date: 2003-12-31
Institutions: Belarus, European Community
Subjects: Belarus, bilateral agreement, quantitative restriction, textile product, trade agreement (EU), trading operation

31.12.2003

EN

Official Journal of the European Union

L 345/151

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

A. Letter from the Council of the European Union

Sir,

1.

2.

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 (hereinafter
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 condi-
tions:

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 19(1) second and third sentences, of the Agreement shall be replaced by the

following:

‘It shall be applicable until 31 December 2004.’

2.3. 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.

2.4. 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.

2.5. 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 restric-
tions applicable for 2003 as specified in the Exchange of Letters initialled on 11 November 1999.

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(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

L 345/152

EN

Official Journal of the European Union

31.12.2003

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 Regulation
(EC) No 3030/93 (1). It is understood that without prejudice to the rules for the interpretation of the combined nomen-
clature, 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) OJ L 357, 31.12.2002, p. 91.

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Official Journal of the European Union

L 345/153

Appendix 2

ANNEX II

Belarus

Category

Unit

Quota 2004 as from 1
January 2004

Quota 2004 as from 1 May
2004

Group IA

Group IB

Group IIA

Group IIB

Group IIIA

Group IIIB

Group IV

1

2

3

4

5

6

7

8

9

20

22

23

39

12

13

15

16

21

24

tonnes

tonnes

tonnes

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

tonnes

tonnes

tonnes

tonnes

tonnes

1 000 pairs

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 480

3 765

218

1 073

954

838

830

953

346

306

387

242

218

5 611

2 533

959

175

839

732

1 532

4 334

225

1 135

1 012

854

843

1 062

347

307

473

243

219

5 675

2 574

969

176

850

764

26/27

1 000 pieces

1 012

1 023

29

73

83

33

36

37

50

67

74

90

115

117

118

1 000 pieces

1 000 pieces

tonnes

tonnes

tonnes

tonnes

tonnes

tonnes

1 000 pieces

tonnes

tonnes

tonnes

tonnes

351

296

170

366

352

302

173

370

1 174

1 178

440

142

322

342

188

83

973

426

441

186

323

346

189

83

1 210

427

L 345/154

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Official Journal of the European Union

31.12.2003

Appendix 3

ANNEX to Protocol C

Category

Unit

1 January 2004

1 May 2004

4

5

6

7

8

12

13

15

16

21

24

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

1 000 pieces

26/27

1 000 pieces

29

73

83

74

1 000 pieces

1 000 pieces

tonnes

1 000 pieces

4 420

6 167

7 524

5 582

1 858

4 163

412

3 225

736

2 402

509

2 598

1 221

4 678

622

816

4 432

6 179

7 526

5 586

1 966

4 163

419

3 228

736

2 403

526

2 598

1 221

4 679

622

816

31.12.2003

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Official Journal of the European Union

L 345/155

B. 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 Agree-
ment in the form of an Exchange of Letters initialled on 11 November 1999 (hereinafter referred to as the
‘Agreement’). I hereby acknowledge receipt of your letter of … which reads as follows:

‘Sir,

1.

2.

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 (herein-
after 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:

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 19(1) second and third sentences, of the Agreement shall be replaced by the

following:

“It shall be applicable until 31 December 2004.”

2.3. 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.

2.4. 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.

2.5. 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.

3.

4.

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.

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 administra-
tive 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 the acceptance of your Government of the fore-
going. 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.’

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