Proposal for a Council Decision on the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products
Date: 2004-12-17
Institutions: European Commission
Subjects: Belarus, quantitative restriction, renewal of an agreement, signature of an agreement, textile product, trade agreement (EU), trade by product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.12.2004 
COM(2004) 812 final 

2004/0283 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing and 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) 

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EXPLANATORY MEMORANDUM 

In  accordance  with  the  Council  negotiating  directives  of  11  October  2004,  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 be initialled on xx December 2004. 

The agreement provides for an extension of the present textiles agreement until 31 December 
2005 and is in compliance with the overall EU policy approach vis-à-vis Belarus. In view of 
the  political  situation  prevailing  in  Belarus,  the  proposed  Agreement  is  restrictive.  In  2005 
Belarus would be, together with North Korea, the only country subject to textile quotas in the 
EU.  

The quantitative limits have been adjusted to take account of the normal yearly growth rates 
provided  for  in  the  current  agreement.  Adjustments  for  some  categories  have  been  made  as 
requested by some Member States to take partially into account the Belarussian demand. 

It is to be noted that in absence of an agreement, Belarus would be free to increase its tariffs 
or introduce other import restrictions. 

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. 

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2004/0283 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing and 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 Belarussian demand for some catagories; 

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

This  bilateral  agreement  should  be  applied  on  a  provisional  basis  as  of  1st  January 
2005, pending the completion of procedures required for its 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. 

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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 2005. 

The text of the Agreement is annexed to this Decision. 

Article 3 

If Belarus fails to fulfil its obligations under paragraph 2.5 of the 1999 Agreement, the 

1. 
quota for 2005 will be reduced to the levels applicable in 20042. 

The  decision  to  implement  paragraph  1  shall  be  taken  in  accordance  with  the 
2. 
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 

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2 

The  date  from  which  provisional  application  will  become  effective  will  be  published  in  the  Official 
Journal of the European Union, C series. 
OJ  L  275,  8.11.1993,  p.  1.  Regulation  last  amended  by  Council  Regulation  (EC)  No  138/2003  of  21 
January 2003. 

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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 23 December 2003 

Letter from the Council of the European Union  

Sir, 

I have the honour to refer to the Agreement between the European Community and the 
1. 
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  23 
December 2003 (hereafter referred to as the 'Agreement'). 

2. 
In view of the expiry of the Agreement on 31 December 2004 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: 

The text of Article 19, paragraph 1, second and third sentences, of the Agreement shall 

2.1. 
be replaced by the following: 

'It shall be applicable until 31 December 2005.' 

2.2.  Annex II which sets out the quantitative restrictions for exports from the Republic of 
Belarus to the European Community is replaced by Appendix 1 to this letter. 

The Annex to Protocol C which sets out the quantitative restrictions for exports from 
2.3. 
the Republic of Belarus to the European Community after OPT operations in the Republic of 
Belarus is replaced for the period of 1 January 2005 to 31 December 2005 by Appendix 2 to 
this letter. 

2.4. 
Imports into Belarus of textile and clothing products of European Community origin 
shall be subject in 2005 to custom duties not exceeding those provided for 2004 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 2004 as specified in the Exchange of Letters initialled 
on 23 December 2003. 

Should the Republic of Belarus become a Member  of  the  World  Trade  Organisation 
3. 
(WTO) before the date of the expiry of the Agreement, the Agreements and rules of the WTO 
shall be applied from the date of the Republic of Belarus’ accession to the WTO.  

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I should be obliged if you could kindly confirm the acceptance of your Government of 
4. 
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  2005  on  the  condition  of 
reciprocity. 

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

For the Council of the European Union 

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Appendix 1 

Annex II 

Belarus  Category 

unit 

Quota as from 
1 January 05 

Group IA 

Group IB 

Group IIA 

Group IIB 

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 

1.585 

5.100 

233 

1.600 

1.058 

1.400 

1.200 

1.110 

363 

318 

498 

255 

230 

5.958 

2.651 

1.500 

186 

889 

803 

26/27 

T pieces 

1.069 

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 

450 

315 

178 

387 

1.242 

463 

196 

339 

361 

199 

87 

1.800 

448 

Group IIIA 

Group IIIB 

Group IV 

T pieces: thousand of pieces 

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Appendix 2 

Annex to Protocol C 

Category 

Unit 

As from
01.01.05 

4 

5 

6 

7 

8 

12 

13 

15 

16 

21 

24 

1 000 pieces 

4.733 

1 000 pieces 

6.599 

1 000 pieces 

8.800 

1 000 pieces 

6.605 

1 000 pieces 

2.249 

1 000 pieces 

4.446 

1 000 pieces 

697 

1 000 pieces 

3.858 

1 000 pieces 

786 

1 000 pieces 

2.567 

1 000 pieces 

661 

26/27 

1 000 pieces 

3.215 

29 

73 

83 

74 

1 000 pieces 

1.304 

1 000 pieces 

4.998 

tonnes 

664 

1 000 pieces 

872 

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Letter from the Government of the Republic of Belarus  

Sir, 

I  have  the  honour  to  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 23 December 2003 (hereafter referred to as the 'Agreement'). 

In view of the expiry of the Agreement on 31 December 2004 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. 

The text of Article 19, paragraph 1, second and third sentences, of the Agreement 
shall be replaced by the following: 

2.2. 

2.3. 

2.4. 

3. 

4. 

'It shall be applicable until 31 December 2005.' 

Annex II which sets out the quantitative restrictions for exports from the Republic of 
Belarus to the European Community is replaced by Appendix 1 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  2005  to  31  December 
2005 by Appendix 2 to this letter. 

Imports into Belarus of textile and clothing products of European Community origin 
shall be subject in 2005 to custom duties not exceeding those provided for 2004 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  2004  as  specified  in  the 
Exchange of Letters initialled on 23 December 2003. 

Should the Republic of Belarus become a Member of the World Trade Organisation 
(WTO) before the date of the expiry of the Agreement, the Agreements and rules of 
the WTO shall be applied from the date of the Republic of Belarus’ accession to the 
WTO.  

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 

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end have been completed. In the meantime, it shall be applied provisionally from 1 
January 2005 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 

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