Proposal for a Council Decision on the signing and the provisional application of the bilateral agreement between the European Community and Ukraine on trade in textile products
Date: 2005-01-06
Institutions: European Commission
Subjects: Ukraine, common commercial policy, signature of an agreement, textile product, trade agreement (EU), trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.01.2005 
COM(2004) 857 final 

2004/0293 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the bilateral agreement between the 
European Community and Ukraine on trade in textile products 

(presented by the Commission) 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

In accordance with the Council mandate and the negotiating directives of 26 July 2004, the 
Commission has negotiated an agreement on the extension of the existing bilateral agreement 
between the European Community and Ukraine on trade in textile products. 

This agreement provides for an extension of the present textile agreement (roll-over) until 31 
December  2005  with  a  tacit  renewal  for  a  period  of  one  more  year.  Double-checking 
(surveillance) is, however, no longer required. 

Pending  the  completion  of  the  relevant  procedures,  the  Commission  proposes  that  the 
Agreement shall be applied provisionally as from 1 January 2005, subject to reciprocity. 

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

EN 

2 

   EN 

2004/0293 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the bilateral agreement between the 
European Community and Ukraine 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 a bilateral agreement to 
extend the existing bilateral agreement on trade in textile products with Ukraine. 

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

It is appropriate to apply this Agreement on a provisional basis as from 1 January 2005 
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 Agreement on trade in textile products between the European Community and Ukraine.  

Article 2 

Subject to reciprocity, the Agreement referred to in Article 1 shall be applied on a provisional 
basis as from 1 January 2005 pending the completion of the procedures for its conclusion. 

The text of the Agreement is annexed to this Decision. 

EN 

3 

   EN 

Article 3 

The  Commission  may,  in  accordance  with  the  procedure  referred  to  in  Art.  17  of  Council 
Regulation (EC) 3030/93 on common rules for imports of certain textile products from third 
countries1,  adopt  the  measures  foreseen  in  point  6  of  the  Exchange  of  letters  signed  on  19 
December 2000, consisting of reinstating the quota-regime applicable during the year 2000 in 
case  of  non-application  by  Ukraine  of  the  tariff  rates  described  in  paragraph  1.5  of  the 
Exchange of Letters. 

Done at Brussels,  

For the Council 
The President 

1 

EN 

OJ  L  275,  8.11.1993,  as  last  amended  by  Council  Regulation  (EC)  No  2200/2004  (OJ  L  374, 
22.12.2004). 

4 

   EN 

 
 
                                                 
ANNEX 

AGREEMENT  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community  and  Ukraine,  represented  by  the  Government  of  Ukraine,  concerning  the 
extension  and  amendment  of  the  Agreement  between  the  European  Economic 
Community  and  Ukraine  on  trade  in  textile  products  of  1993,  as  last  amended  by  the 
Agreement in the form of an Exchange of Letters signed on 19 December 2000 

Letter from the Council of the European Union  

Sir, 

I have the honour to refer to the Agreement between the European Economic Community and 
Ukraine on trade in textile products of 1993, as last amended by the Agreement in the form of 
an  Exchange  of  Letters  signed  on  19  December  2000  (hereafter  referred  to  as  the 
‘Agreement’). 

1. 

1.1. 

1.2. 

1.3. 

According to Article 20(1), the Agreement shall only apply until 31 December 2004. 
The  European Community proposes to  extend the duration of the Agreement, for a 
further period, subject to the following amendments and conditions: 

Annex  I  of  the  Agreement  which  lists  the  products  referred  to  in  Article  1  of  the 
Agreement  and  also  contains  the  category  and  goods  descriptions  for  textiles 
products,  shall  be  replaced  by  Annex  I  to  Council  Regulation  (EC)  No  3030/932. 
Without  prejudice  to  the  general  rules  for  the  interpretation  of  the  combined 
nomenclature, the description of goods is only indicative, 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.  

Article 2, paragraph 1, second sentence and Title III of Protocol A of the Agreement 
are repealed.  

The text of Article 20(1), second sentence, of the Agreement shall be replaced by the 
following: 

‘It shall be applicable until 31 December 2005.’  

1.4. 

In the text of Article 20(1), a third sentence shall be added as follows: 

‘Thereafter,  the  application  of  all  of  the  provisions  of  this  Agreement  shall  be 
extended  automatically  for  a  period  of  one  more  year  up  to  31  December  2006, 
unless  either  Party  notifies  the  other  at  least  six  months  before  31  December  2005 
that it does not agree with this extension.’ 

1.5. 

The  tariff  rates  applied  by  Ukraine  to  exports  of  EC  origin  of  products  of  HS 
chapters 50-63 will not exceed the rates agreed in the Exchange of letter signed on 19 
December 2000.  

2 

In 2004 this Annex was published in EU Official Journal L 51 of 20.2.2004.  

EN 

5 

   EN 

                                                 
2. 

3. 

Should Ukraine 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 Ukraine’s accession to the WTO.  

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 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 internal legal procedures necessary to this end have been 
completed. In the meantime, it shall be applied provisionally from 1 January 2005 on 
conditions of reciprocity. 

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

For the Council of the European Union 

EN 

6 

   EN 

 
 
Letter from the Government of Ukraine 

Sir, 

I have the honour to confirm the receipt of your letter dated __________, the text of which is 
as follows: 

"Sir, 

I have the honour to refer to the Agreement between the European Economic Community and 
Ukraine on trade in textile products of 1993, as last amended by the Agreement in the form of 
an  Exchange  of  Letters  signed  on  19  December  2000  (hereafter  referred  to  as  the 
‘Agreement’). 

1. 

1.1. 

1.2. 

1.3. 

According to Article 20(1), the Agreement shall only apply until 31 December 2004. 
The  European Community proposes to  extend the duration of the Agreement, for a 
further period, subject to the following amendments and conditions: 

Annex  I  of  the  Agreement  which  lists  the  products  referred  to  in  Article  1  of  the 
Agreement  and  also  contains  the  category  and  goods  descriptions  for  textiles 
products,  shall  be  replaced  by  Annex  I  to  Council  Regulation  (EC)  No  3030/933. 
Without  prejudice  to  the  general  rules  for  the  interpretation  of  the  combined 
nomenclature, the description of goods is only indicative, 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. 

Article 2, paragraph 1, second sentence and Title III of Protocol A of the Agreement 
are repealed.  

The text of Article 20(1), second sentence, of the Agreement shall be replaced by the 
following: 

‘It shall be applicable until 31 December 2005.’  

1.4. 

In the text of Article 20(1), a third sentence shall be added as follows: 

‘Thereafter,  the  application  of  all  of  the  provisions  of  this  Agreement  shall  be 
extended  automatically  for  a  period  of  one  more  year  up  to  31  December  2006, 
unless  either  Party  notifies  the  other  at  least  six  months  before  31  December  2005 
that it does not agree with this extension.’ 

1.5. 

The  tariff  rates  applied  by  Ukraine  to  exports  of  EC  origin  of  products  of  HS 
chapters 50-63 will not exceed the rates agreed in the Exchange of letter signed on 19 
December 2000.  

2. 

3 

EN 

Should Ukraine 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 Ukraine’s accession to the WTO.  

In 2004 this Annex was published in EU Official Journal L51 of 20.2.2004. 

7 

   EN 

                                                 
3. 

I should be obliged if you could kindly confirm your Government's acceptance of the 
foregoing. Should this be the case, this letter together 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 internal legal procedures necessary to this end have been 
completed. In the meantime, it shall be applied provisionally from 1 January 2005 on 
conditions of reciprocity. 

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

I  have  the  honour  to  confirm  that  the  Government  of  Ukraine  acknowledges  the  content  of 
your letter.  

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

For the Government of Ukraine 

EN 

8 

   EN