CELEX: 21992A1231(25)
Language: sv
Date: 1993-12-02 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Folkrepubliken Kina om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

11 /Vol . 30                                   Europeiska gemenskapernas officiella tidning                                121

292A1231(25 )

Nr L 110 / 104                      EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING                                       30.04.94

                                                             AGREEMENT

                in the form of an exchange of letters amending the Agreement between the European Economic
                          Community and the People's Republic of China on trade in textile products

                                                              Letter No 1

                Sir,

                1.      I have' the honour to refer to the consultations held from 2 to 5 December 1992 between
                        our respective delegations for the purpose of amending the Agreement on trade in textile
                        products between the European Economic Community and the People's Republic of China
                        applied since 1 January 1989 (hereinafter 'the Agreement').

                2.      As a result of these consultations, both Parties agreed to amend the following provisions of
                        the Agreement:
                2.1 .   Annex I, Annex HI and the Annex to Protocol E which set out the products concerned by
                        the Agreement, the quantitative restrictions for exports and the OPT operations
                        respectively, from the People's Republic of China to the European Economic Community,
                        are replaced for the period 1 January 1993 to 31 December 1994 by Appendix 1 ,
                        Appendix 2 and Appendix 3 to this letter, respectively.
                2.2.    In Article 5 ( 1 ), the figure of 5% is replaced by 2% , with a possibility of reaching 5%
                        after consultations in conformity with Article 16 (2 ).
                        In Article 5 (2 ), the figure of 7% is replaced by 5% , with a possibility of reaching 7%
                        after consultations in conformity with Article 16 ( 2 ).
                2.3 .   Article 6 ( 6 ) and Protocol C of the Agreement are deleted .
                2.4 .   Article 8 ( 1 ) and ( 2 ) are replaced by the following:
                        ' 1 . The quantitative limits established under this Agreement on imports into the
                              Community of textile products of Chinese origin will not be broken down by the
                             Community into regional shares .
                        2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in
                           traditional trade flows resulting in regional concentration of direct imports into the
                             Community.
                        3 . China shall monitor its exports of products under restraint or surveillance into the
                            Community. Should a sudden and prejudicial change in traditional trade flows arise,
                            the Community will be entitled to request consultations in order to find a satisfactory
                            solution to those problems . Such consultations must be held within 15 working days of
                            their being requested by the Community.
                        4. China shall endeavour to ensure that exports of textile products subject to quantitative
                           limits into the Communtiy are spaced out as evenly as possible over the year due
                           account being taken in particular of seasonal factors.'
                2.5 .   Article 10 and all references to this Article in the Agreement are deleted .
                2.6.    Article 15 (3 ) is replaced by the following:
                        The information referred to in paragraphs 1 and 2 above shall, for all categories of
                        products, be forwarded before the end of the month following the month to which the
                        statistics relate .'

                2.7.    The following is added at the beginning of Article 16 (2 ):
                        ' 1 . Save where it is otherwise provided for in this Agreement, . .
                2.8 .   The second sentence of Article 20 ( 1 ) is replaced by the following:
                        'It shall be applicable until 31 December 1994. Thereafter, the application of all the
                        provisions of this Agreement shall be extended automatically for a period of one more year
                        up to 31 December 1995 , unless either Party notifies the other at least six months before
 ---pagebreak--- 122                                Europeiska gemenskapernas officiella tidning                               11 /Vol. 30

              31 December 1994 that it does not agree with this extension. However, if the Agreement
              on trade in textiles and clothing products resulting from the Uruguay Round - GATT trade
              negotiations is concluded and enters into force at an earlier date, this Agreement shall be
              automatically terminated as of the date agreed for the implementation of the results of the
              Uruguay Round GATT trade negotiations.'
      2.9 .   The first sentence of Article 7 ( 1 ) of Protocol A is replaced by the following:
              ' 1 . The export licence shall conform to the model annexed to this Protocol and it shall be
                    valid for exports throughout the customs territory to which the Treaty establishing the
                    European Economic Community is applied . However, where the Community has made
                    recourse to the provisions of Article 8 in accordance with the provisions of Agreed
                    Minute No 1 , or to Agreed Minute No 2, the textile products covered by the export
                    licences can only be put into free circulation in the region(s) of the Community
                  indicated in those licences .'

      2.10. The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
            following:
              'The import authorizations shall be valid for six months from the date of their issue for
              imports throughout the customs territory to which the Treaty establishing the European
              Economic Community is applied . However, where the Community has recourse to the
              provisions of Article 8 in accordance with the provisions of Agreed Minute No 1 , or to
              Agreed Minute No 2, the products covered by the import licences can only be put into free
              circulation in the region(s) of the Community indicated in those licences.'
      2.11 . The second and fifth indents of Article 14 (2 ) of Protocol A are replaced by the
              following:
              '— two letters identifying the intended Member State of customs clearance as follows :
                  BL   = Benelux,                                       FR   = France,
                  DE = Germany,                                         GB = United Kingdom,
                  DK = Denmark,                                         IE = Ireland ,
                  EL = Greece,                                          IT = Italy,
                 ES = Spain,                                     PT = Portugal',
              '— a five-digit number running consecutively from 00001 to 99999 allocated to the
                  intended Member State of customs clearance.'

      2.12. Paragraph 3 ( b) of Protocol E to the Agreement is deleted .
      2.13 . The Agreed Minute to the Agreement of 1989 concerning special flexibilities provisions for
             the Berlin Fair for Germany is deleted and replaced by the joint declaration set out in
              Appendix 8 to this letter.
      2.14. The Agreed Minute to the Agreement of 1989 concerning Article 10 (2) of the Agreement
            is replaced by Agreed Minute No 3 set out in Appendix 6 to this letter*
      2.15. All the Agreed Minutes and joint declarations annexed to this exchange of letters shall
              form an integral part of the Agreement.
      3.      The Parties agreed that 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 .
              The Parties also agreed that this Agreement in the form of an exchange of letters and the
              amendments hereby to the Agreement of 1989, as extended, shall be applied provisionally
              from 1 January 1993 .

      4.      I should be obliged if you kindly confirm the acceptance of your Government of the
              foregoing.
      Please accept, Sir, the assurance of my highest consideration.
                                                                               For the Council
                                                                        of the European Communities
 ---pagebreak--- 11 / Vol . 30                                   Europeiska gemenskapernas officiella tidning                                             123

                                                                      Appendix 1

                (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                                        16 to 42)

                                                                      Appendix 2

                                                                      ANNEX III

                (The full product descriptions of the categories listed in this Annex are to . be found in Annex I to the
                                                                       Agreement)

                                                       COMMUNITY QUANTITATIVE LIMITS

                          Category                       Unit                       1993                 1994                 1995

                1                         tonnes                                     3 399                3 467                3 536

                2n                        tonnes (')                                25 720 {')          26 234 (')           26 759

                of which 2 (a)            tonnes                                     3 335                3 402                3 470
                3                         tonnes                                     5 189                5 345                5 505

                of which 3 (a)            tonnes                                       631                  650                    669

                4 (2)                     1 000 pieces                              43 223              45 384               47 653

                5 (")                     1 000 pieces (3)                          11 470 (3)           11 929 (3)           12 406
                6                         1 000 pieces (s)                          16 122 (s)           16 767 {*}           17 438
                7                         1 000 pieces (6)                           7 966 f)             8 285 (6)            8 616
                8                         1 000 pieces (7)                          10 654 C)            10 974 (7)           11303
                9                         tonnes                                     4 600                4 876                5 169
                10                        1 000 pairs                               52 695              54 803               56 995

                12                        1 000 pairs                               17 604               18 484               19408
                13                        1 000 pieces                           414 892               419 041              423 232
                15                        1 000 pieces (8)                          11 500 (8)           11960 (8)            12 438
                16                        1 000 pieces                              13 000               13 488               13 993
                18                        tonnes                                     4 298                4 513                4 739
                19                        1 000 pieces                              83 530              86 871                90 346
                20/39                     tonnes                                     7180                 7 539                7916
                21 (,0)                   1 000 pieces (')                          11 111 ('}           11667 Π              12 250
                22                        tonnes                                    13 111               13 898               14 732
                23                        tonnes                                     9195                 9 655               10137
                24 (")                    1 000 pieces                              29 362              30 390                31453
                26                        1 000 pieces ( ,2)                         4 099 ( u)           4 304 C 1)           4 519
                31                        1 000 pieces                              51 000              52 530                54106
                32                        tonnes                                     3 407                3 543                3 685
                33 (**)                   tonnes                                    17500                18 288               19110
                37                        tonnes                                    10 519               11 150               11819

                of which 37 (a)           tonnes                                     3 111                3 298                3 496
                73 ( IJ)                  1 000 pieces                               3 295                3 460                3 633
                76                        tonnes ( 14)                               4 501 ( I4 )         4 726 H              4 962
                78                        tonnes                                    21 000               21 630               22 279
                83                        tonnes                                     6 300                6 489                6 684

                  (*} Possibility of transfer to and from category 3 of up to 40% of the category to which the transfer is made.
                (**) Quantitative limits apply also to products declared for re-export outside the Community.
 ---pagebreak--- 124                                       Europeiska gemenskapernas officiella tidning                                                     11 /Vol . 30

       (') The following additional quantities may be exported to the Community by China:

          Fabrics of category 2 below 115 cm in width                             tonnes              1993                 1 331
                                                                                                      1994                 1 358
                                                                                                      1995                 1385

          Fabrics of category 2 for medical gauze                                 tonnes              1993                 1840
          (CN codes 5208 11 10 and 5208 21 10)                                                        1994                ï 877
                                                                                                      1995                 1914

       n For the purpose or setting off exports against the agreed quantitative limits a conversion rate of five garments (other than
           babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
           may be applied for up to 5 % of the quantitative limits.
       (}) These figures include the following .quantities reserved for European industry for a period of 180 days each year:
                                                           1993 :     562 000 pieces
                                                           1994:      584 000 pieces
                                                           1995:      608 000 pieces.
       ( ) For products of category 5 (other than anoraks, windcheaters, waister jackets and the like) of fine animal hair, the
           following sublimits apply whithin the quantitative limits established for category 5:
                                                           1993:      140 000 pieces
                                                           1994:      144 000 pieces
                                                           1995:      148 000 pieces.
      (s) These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                           1993 :   1 000 000 pieces
                                                          1994: 1 040 000 pieces
                                                           1995:    1 082 000 pieces.
          The following additional quantities of shorts (CN codes 6203 41 90, 6203 42 90, 6203 43 90 and 6203 49 50) may be
          exported to the Community by China :
                                                           1993 :     994 000 pieces
                                                           1994 :   1 034 000 pieces
                                                           1995 :   1 075 000 pieces.
      (s) These figures include the following quantities reserved for the European industry for a period of 180 days each year:
                                                           1993 :     607 000 pieces
                                                           1994:      631 000 pieces
                                                          1995:       657 000 pieces.
      O These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                           1993 :    1 000 000 pieces
                                                           19 94:    1 030 000 pieces
                                                           1995:     1 061 000 pieces.
      (s ) These figures include the following quantities reserved for European industry for a period of 180 days each year;
                                                           1993 :     260 000 pieces
                                                           1994:      270 000 pieces
                                                           1995:      281 000 pieces.
      (') These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                           2993:      839 000 pieces
                                                           1994:      881 000 pieces
                                                           1995:      925 000 pieces.
      ( 10) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments (other than
            babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
            may be applied for up to 5% of the quantitative limits.
      (") For the purpose of setting off expons against the agreed quantitative limits a conversion rate of five garments (other than
            babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
            may be applied for up to 5 % of the quantitative limits.
      C2) These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                           1993 :     292 000 pieces
                                                           1994:      307 000 pieces
                                                           1995:      322 000 pieces.
      H For the purpose of setting off expons against the agreed quantitative limits a conversion rate of five garments (other than
       • babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
         may be applied for up to 5 % of the quantitative limits.
      (M) These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                           1993 :   150 tonnes
                                                           1994 :   158 tonnes
                                                           1995 :   165 tonnes.
 ---pagebreak--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                                125

                                                                Appendix 3

                                                        ANNEX TO PROTOCOL E

               (The product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                             Agreement)

                                                              OPT QUOTAS

                                               COMMUNITY QUANTITATIVE LIMITS

                     Category                        Unit                    1993             1994           1995

                4                     1 000 pieces                            200              215            231

                5                     1 000 pieces                            500              530            562

                6                     1 000 pieces                       1800                 1908           2 022

                1                     1 000 pieces                            500              530            562
                8                     1 000 pieces                       1200                 1254           1310

               15                     1 000 pieces                            400              424            449

               16                     1 000 pieces                            800              845            893
               18                     tonnes                                  100              108            116
               21                     1 000 pieces                       1500                 1 613          1 733
               24                     1 000 pieces                            100              105            111

               26                     1 000 pieces                            900              968           1040

               31                     1 000 pieces                       5 000                5 225          5 460

               73                     1 000 pieces                            200              215            231

               76                    tonnes                                   800              860            925

               78                     tonnes                                   50               52                55

               83                     tonnes                                   50               52                55

                                                                Appendix 4

                                                            Agreed Minute No 1
               In the context of the Agreement between the European Economic Community and the People's
               Republic of China on trade in textile and clothing products, initialled on 8 December 1992, the
               Parties agreed that Article 6 of the Agreement does not preclude the Community, if the conditions
               are fulfilled, from applying the safeguard measures for one or more of its regions in conformity
               with the principles of the internal market.
               In such an event, China shall be informed in advance of the relevant provisions of Protocol A to
               the Agreement to be applied, as appropriate.

                                For the Government                                        For the Council
                      of the People's Republic of China                             of the European Communities
 ---pagebreak--- 126                             Europeiska gemenskapernas officiella tidning                               11 /Vol. 30

                                                     Appendix 5

                                            Agreed Minute No 2

      Notwithstanding Article 8 ( 1 ) of this Agreement, for imperative technical or administrative
      reasons or to find a solution to economic problems resulting from regional concentration of
      imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
      Community will establish for a limited period of time a specific management system in conformity
      with the principles of the internal market.

      However, if the Parties are unable to reach a satisfactory solution during the consultations
      provided for in Article 8 (3 ), China undertakes, if so requested by the Community, to respect
      temporary export limits for one or more regions of the Community. In such a case, these limits
      shall not preclude the importation into the region(s) concerned of products which were shipped
      from China on the basis of export licences obtained before the date of formal notification to
      China by the Community about the introduction of the above limits.

      The Community shall inform China of the technical and administrative measures, such as defined
      in the attached note verbale, that need to be introduced by both Parties in order to implement the
      above paragraphs in conformity with the principles of the internal market.

                    For the Government                                   For the Council
             of the People's Republic of China                     of the European Communities

                                                    Note verbale

      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of the People's Republic of China to the European
      Communities and has the honour to refer to the Agreement on textile products negotiated
      between the People's Republic of China and the Community applied since 1 January 1989, as
      extended by the exchange of letters of 7 December 1992 .

      The Directorate-General wishes to inform the Mission of the People's Republic of China that the
      Community has decided to apply, starting from 1 January 1993 , the provisions of paragraph 1 of
      Agreed Minute No 2 to the exchange of letters initialled on 8 December 1992. Consequently, the
      corresponding provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be
      applied as of the above date.
      The Directorate-General for External Relations avails itself of this opportunity to renew to the
      Mission of the People's Republic of China to the European Communities the assurance of its
      highest consideration .
 ---pagebreak--- 11 /Vol . 30                             Europeiska gemenskapernas officiella tidning                                    127

                                                            Appendix 6

                                                      Agreed Minute No 3
               In the context of the Agreement between the European Economic Community and the People's
               Republic of China on trade in textile and clothing products, initialled in Brussels on 8 December
               1992, the Parties agreed that China shall endeavour not to deprive certain regions of the
               Community which have traditionally had relatively small shares of Community quotas of imports
               of products serving as inputs for their processing industry.
               The Community and China further agreed to hold consultations, should the need arise, in order to
               avert any problems which might occur in this respect.
               The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
               Agreement on this subject.

                             For the Government                                    For the Council
                      of the People's Republic of China                     of the European Communities

                                                            Appendix 7

                                                       Agreed Minute No 4
               In the context of the Agreement between the European Economic Community and the People's
               Republic of China on trade in textile and clothing products, applied since 1 January 1989 , as
               extended by the exchange of letters initialled on 8 December 1992, China agreed that, from the
               date of request for and pending the consultations referred to in Article 8 ( 3 ), it shall cooperate by
               not issuing export licences that would further aggravate the problems resulting from the regional
               concentration of direct imports into the Community.

                             For the Government                                     For the Council
                      of the People's Republic of China                     of the European Communities
 ---pagebreak--- 128                            Europeiska gemenskapernas officiella tidning                               11 /Vol . 30

                                            Exchange of notes
      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of the People's Republic of China to the European
      Communities and has the honour to refer to the Agreement on textile products between the
      People's Republic of China and the Community applied since 1 January 1989, as extended by the
      exchange of letters initialled on 8 December 1992.
      The Directorate-General wishes to inform the Mission of the People's Republic of China that
      whilst awaiting the completion of the necessary procedures for the conclusion and the coming into
      force of the extended Agreement, the Community is prepared to allow the provisions of the
      Agreement to apply de facto from 1 January 1993 . This is on the understanding that either Party
      may at any time terminate this de facto application of the extended Agreement provided that 120
      days' notice is given .
      The Directorate-General for External Relations would be grateful if the Mission would confirm its
      Agreement to the foregoing.
      The Directorate-General for External Relations avails itself of this opportunity to renew to the
      Mission of the People's Republic of China to the European Communities the assurance of its
      highest consideration .
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                             129

                                                            Appendix 8

                                               Joint declaration on the Berlin Fair

               In the context of the Agreement between the European Economic Community and the People's
               Republic of China on trade in textile and clothing products, applied since 1 . January 1989, and
               further extended by the exchange of letters initialled on 8 December 1992, the two Parties agreed
               that the following Berlin Fair quantities, that were included in the German regional quotas for
               1992 :

                                   Category:     1                  317     tonnes

                                                 2               . 1 338    tonnes

                                                 2(a )              159     tonnes

                                                 3                  196     tonnes

                                                 3(a)                27     tonnes

                                                 4                2 061     1 000 pieces
                                                 5                  705     1 000 pieces
                                                 6                1 689     1 000 pieces
                                                 7                  302     1 000 piecesv
                                                 8                  992     1 000 pieces
                                                 9                  294     tonnes

                                                10          .,    2 215     1 000 pairs
                                                12                  843     1 000 pairs
                                                13                3 192     1 000 pieces
                                                19                5 431     1 000 pieces
                                                20/39               372     tonnes

                                                21                  964     1 000 pieces
                                               22                   332     tonnes

                                                24                1 138     1 000 pieces
                                                32                  184     tonnes

                                                37                  567     tonnes

                                                37(a )              158     tonnes

               are made available for the years 1993 , 1994, 1995 on the understanding that such quantities may
               be used exclusively at European fairs and that they take definitively care of China's interests
               regarding any future allocation of quantities for fairs that could be decided by the Community.
               Flexibilities provided for in Article 5 of the Agreement will apply to the above categories .

                              For the Government                                  For the Council
                        of the People's Republic of China                  of the European Communities
 ---pagebreak--- 130                                Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

                                                     Appendix 9

                                              Agreed Minute No 5

      In the context of the settlement of the overshipment, which occurred in 1992 concerning the
      sublimit for cashmere pullovers in category 5, China undertakes to ensure improved regular
      supplies of cashmere raw materials in terms of qualities and prices to European producers of
      cashmere made-up products.

      The actual implementation of this undertaking as well as active action by China to combat fraud
      and transhipments of cashmere products will be taken into account by the European Community
      in defining the calendar and modalities for the resorption of quantities overshipped in 1992.

      As a first step in the resorption of the 1992 overshipments, whose magnitude will be determined
      on the basis of Community import statistics for 1992, an annual deduction of 45 000 pieces has
      been agreed for the years 1993 , 1994 and 1995 .

      Consultations will be held at the request of either party to review trade developments on this
      subject.

                       For the Government                                 For the Council
                 of the People's Republic of China                 of the European Communities

                                                     Appendix 10

                                              Agreed Minute No 6

      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products, applied since 1 January 1989 , as
      extended by the exchange of letters initialled on 8 December 1992, the Parties agreed that by
      derogation to the provisions of Article 4 ( 1 ) of the Agreement, the quantitative limits provided for
      in Annex III in respect of products of category 33 cover all imports including products declared to
      be for re-export outside the Community. Exports of these products will consequently be subject to
      the normal double-checking system .

                       For the Government                                 For the Council
                 of the People's Republic of China                 of the European Communities
 ---pagebreak--- 11 /'Vol . 30                             Europeiska gemenskapernas officiella tidning                             131

                                                           Appendix 11

                                                     Agreed Minute No 7
                In the context of the Agreement between the European Economic Community and the People's
                Republic of China on trade in textile and clothing products, applied since 1 January 1989, as
                extended by the exchange of letters initialled on 8 December 1992, China undertakes to limit its
                exports to the European Community of surgical dressing (CN code 3005 90 31 ) to the following
                quantities:
                                                    1993      3 200 tonnes
                                                    1994      3 360 tonnes
                                                    1995      3 528 tonnes .

                Exports of these products will be made subject to normal double-checking system provisions of
                the Agreement.

                              For the Government                               For the Council
                       of the People's Republic of China                 of the European Communities
 ---pagebreak--- 132                                         Europeiska gemenskapernas officiella tidning                            11 /Vol . 30

                                                            Letter No 2

      Sir,

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

             'Sir,

             1.      I have the honour to refer, to the consultations held from 2 to 5 December 1992
                     between our respective delegations for the purpose of amending the Agreement on trade
                     in textile products between the European Economic Community and the People's
                     Republic of China applied since 1 January 1989 (hereinafter "the Agreement").
         2.          As a result of these consultations, both Parties agreed to amend the following provisions
                     of the Agreement:
         2.1 .       Annex I, Annex III and the Annex to Protocol E which set out the products concerned
                     by the Agreement, the quantitative restrictions for exports and the OPT operations,
                     respectively from the People's Republic of China to the European Economic
                     Community, are replaced for the period 1 January 1993 to 31 December 1994 by
                     Appendix 1 , Appendix 2 and Appendix 3 of this letter, respectively.
         2.2.        In Article 5 ( 1 ), the figure of 5% is replaced by 2% , with a possiblity of reaching 5%
                     after consultations in conformity with Article 16 (2 ).
                     In Article 5 (2 ), the figure of 7% is replaced by 5 % , with a possiblity of reaching 7%
                     after consultations in conformity with Article 16 (2 ).
         2.3 .       Article 6 ( 6 ) and Protocol C of the Agreement are deleted .
         2.4.        Article 8(1 ) and ( 2 ) are replaced by the following:
                     " 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Chinese origin will not be broken down by the
                           Community into regional shares .
                      2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in
                           traditional trade flows resulting in regional concentration of direct imports into the
                           Community .
                      3 . China shall monitor its exports of products under restraint or surveillance into the
                          Community. Should a sudden and prejudicial change in traditional trade flows
                          arise, the Community will be entitled to request consultations in order to find a
                          satisfactory solution to those problems . Such consultations must be held within 15
                          working days of their being requested by the Community.
                      4 . China shall endeavour to ensure that exports of textile products subject to
                          quantitative limits into the Community are spaced out as evenly as possible over
                          the year due account being taken in particular of seasonal factors ."
         2.5.        Article 10 and all references to this Article in the Agreement are deleted.
         2.6.        Article 15 (3 ) is replaced by the following:
                     "The information referred to in paragraphs 1 and 2 above shall, for all categories of
                     products, be forwarded before the end of the month following the month to which the
                     statistics relate ."

         2.7.        The following is added at the beginning of Article 16 (2):
                     " 1 . Save where it is otherwise provided for in this Agreement, ..."
         2.8 . The second sentence of Article 20 ( 1 ), is replaced by the following:
               "It shall be applicable until 31 December 1994. Thereafter, the application of all the
                     provisions of this Agreement shall be extended automatically for a period of one more
                     year up to 31 December 1995, unless either Party notifies the other at least six months
                     before 31 December 1994 that it does not agree with this extension. However, if the
                     Agreement on trade in textiles and clothing products resulting from the Uruguay Round
 ---pagebreak--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                                 133

                          GATT trade negotiations is concluded and enters into force at an earlier date, this
                          Agreement shall be automatically terminated as of the date agreed for the
                          implementation of the results of the Uruguay Round GATT trade negotiations ."
                   2.9 . The first sentence of Article 7 ( 1 ) of Protocol A is replaced by .the following:
                          " 1 . The export licence shall conform to the model annexed to this Protocol and it shall
                                be valid for exports throughout the customs territory to which the Treaty
                                establishing the European Economic Community is applied. However, where the
                                Community has made recourse to the provisions of Article 8 in accordance with
                                the provisions of the Agreed Minute No 1 , or to the Agreed Minute No 2, the
                                textile products covered by the export licences can only be put into free circulation
                                in the region(-s) of the Community indicated in those licences ."
                   2.10 . The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
                         following:
                         "The import authorizations shall be valid for six months from the date of their issue for
                         imports throughout the customs territory to which the Treaty establishing the European
                         Economic Community is applied. However, where the Community has recourse to the
                         provisions of Article 8 in accordance with the provisions of the Agreed Minute No 1 , or
                         to Agreed Minute No 2, the products covered by the import licences can only be put
                         into free circulation in the region(s ) of the Community indicated in those licences."
                   2.11 . The second and fifth indents of Article 14 ( 2 ) of Protocol A are replaced by the
                          following:
                          "— two letters identifying the intended Member State of customs clearance as
                              follows :

                              BL      = Benelux,                                     FR   = France,
                              DE      = Germany,                                     GB     = United Kingdom,
                              DK      = Denmark,                                     IE     = Ireland,
                              EL      = Greece,                                      IT     = Italy,
                              ES      = Spain,                                       PT     = Portugal ",
                          "— a five-digit number running consecutively from 00001 to 99999 allocated to the
                              intended Member State of customs clearance ."

                   2.12 . Paragraph 3 ( b ) of Protocol E to the Agreement is deleted .
                   2.13 . The Agreed Minute to the Agreement of 1989 concerning special flexibilities provisions
                          for the Berlin Fair for Germany is deleted and replaced by the joint declaration set out
                          in Appendix 8 to this letter.
                   2.14. The Agreed Minute to the Agreement of 1989 concerning Article 10 ( 2) of rhe
                         Agreement is replaced by Agreed Minute No 3 set out in Appendix 6 to this letter.
                   2.15 . All the Agreed Minutes and joint declarations annexed to this exchange of letters shall
                          form an integral part of the Agreement.
                   3.    The Parties agreed that 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 .
                         The Parties also agreed that this Agreement in the form of an exchange of letters and
                         the amendments hereby to the Agreement of 1989 , as extended, shall be applied
                         provisionally from 1 January 1993 .
                   4.    I should be obliged if you 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 contents of your
               letter.

               Please accept, Sir, the assurance of my highest consideration.
                                                                                      For the Government
                                                                               of the People's Republic of China
 ---pagebreak--- 134                                         Europeiska gemenskapernas officiella tidning                                            11 /Vol . 30

                                                                Appendix 1

      (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                                 16 to 42 )

                                                                Appendix 2

                                                                ANNEX III

      (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                                Agreement)

                                                COMMUNITY QUANTITATIVE LIMITS

                  Category                        Unit                        1993                . 1994                1995

      1                            tonnes                                      3 399               3 467                    3 536

      2n                           tonnes (')                                 25 720 (')                 (')
                                                                                                  26 234 0             26 759

      of which 2 (a)               tonnes                                      3 335               3 402                    3 470
      3                            tonnes                                      5 189               5 345                    5 505

      of which 3 (a )              tonnes                                        631                 650                     669

      4 (2)                        1 000 pieces                               43 223              45 384               47 653

      5 (4 )                       1 000 pieces (3)                           11470 ( 3)          11 929 (J)           12 406
      6                            1 000 pieces (5)                           16 122 (5)          16 767 (5)           17 438
      7                            1 000 pieces (6)                            7 966 (6)           8 285 (6)                8 616
      8                            1 000 pieces (7)                           10654 C)            10 974 O             11303
      9                            tonnes                                      4 600               4 876                    5 169

      10                           1 000 pairs                                52 695              54 803               56 995
      12                           1 000 pairs                                17 604              18 484               19 408

      13                           1 000 pieces                           414 892               419 041               423 232
      15                           1 000 pieces (*)                           11500 (8)           11960 (8)            12 438
      16                           1 000 pieces                               13 000              13 488               13 993
      18                           tonnes                                      4 298               4 513                4 739
      19                           1 000 pieces                               83 530              86 871               90 346
      20/39 ,                      tonnes                                      7180                7 539                    7 916
      21- ( ,0)                    1 000 pieces (9)                           n in H              11667 Π              12 250
      22                           tonnes                                     13 111              13 898               14 732
      23                           tonnes                                      9195                9 655               10137
      24 (")                       1 000 pieces                             29362                 30 390               31453
      26                           1 000 pieces ( ,2)                          4 099 ( 12)         4 304 ( 12)          4 519
      31                           1 000 pieces                             51000                52 530                54 106
      32                           tonnes                                      3 407 .             3 543                3 685
      33 (**)                      tonnes                                     17 500              18 288               19 110
      37                           tonnes                                     10 519              11 150               11 819
      of which 37 (a)              tonnes                                      3 111               3 298                3 496
      73 (»)                       1 000 pieces                                3 295               3 460                3 633
      76                           tonnesC4)                                  4501 C4)             4 726 ( M)           4 962
      78                           tonnes                                   21000                21630                 22 279
      83                           tonnes                                      6 300               6 489                6 684

          (*) Possibility of Transfer to and from category 3 of up to 40 ^ of the category to which the transfer is made.
      (**) Quantitative limits apply also to products declared for re-export outside the Community.
 ---pagebreak--- 11 /Vol . 30                                      Europeiska gemenskapernas officiella tidning                                                      135

               (') The following additional quantities may be exported to the Community by China :

                   Fabrics of category 2 below 115 cm in width                           tonnes               1993                 1 331
                                                                                                              1994                 1 358
                                                                                                              1995                 1 385

                   Fabrics of category 2 for medical gauze                               tonnes               1993                 1 840
                   rCN codes 5208 11 10 and 5208 21 10 )                                                      1994                 1 877
                                                                                                              1 995                1 914

               (-) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments ( other than
                     babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
                     may be applied for up to 5% of the quantitative limits.
               ( l ) These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                                      1993 :     562 000 pieces
                                                                      1994:      584 000 pieces
                                                                      1995:      608 000 pieces.
               O For products of category 5 (other than anoraks, windcheaters, waister jackets and the like) of fine animal hair, the
                     following sublimits apply whithin the quantitative limits established for category 5:
                                                                      1993:      140 000 pieces
                                                                      1994 :     144 000 pieces
                                                                    1995 :      148 000 pieces.
               (J ) These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                                    1993 :    1 000 000 pieces
                                                                    1994 :1 040 000 pieces
                                                                    1995 :1 082 000 pieces .
                   The following additional quantities of shorts (CN codes 6203 41 90, 6203 42 90, 6203 43 90 and 6203 49 50 ) may be
                   exported to the Community by China :
                                                                    1993 ;      994 000 pieces
                                                                    1994 :    1 034 000 pieces
                                                                    1995:     1 075 000 pieces.
               H These figures include the following quantities reserved for the European industry for a period of 180 days each year:
                                                                    1993 :      607 000 pieces
                                                                    1994 :      631 000 pieces
                                                                    1995 :      657 000 pieces .
               ( ) These figures include the following quantities reserved for European industry for a period of 180 davs each year:
                                                                    199j>:   1 000 000 pieces
                                                                    1994 :   1 030 000 pieces
                                                                    1995 :   1 061 000 pieces .
               ( ) These figures include the following quantities reserved for European industry for a period of 180 davs each year:
                                                                    199j :      260 000 pieces
                                                                    1994 :      270 000 pieces
                                                                    1995 :     281 000 pieces.
               (') These figures include the following quantities reserved for European industry for a period of 180 days each year:
                                                                    1993 :     8j9 000 pieces
                                                                    1994:       881 000 pieces
                                                                    1995 :      925 000 pieces.
               ( l0) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments (other than
                     babies' garments ) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
                     may be applied for up to 5% of the quantitative limits.
               (") For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments (other than
                     babies' garments ) of a maximum commercial size of 130 cm , for three garments whose commercial size exceeds 130 cm
                     may be applied for up to 5 % of the quantitative limits .
               C2) These figures include the following quantities reserved for European industry for a period of 180 davs each year:
                                                                    1993 :      292 000 pieces
                                                                    1994:       307 000 pieces
                                                                    1995 :      322 000 pieces.
               ( u ) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of five garments (other than
                     babies' garments) of a maximum commercial size of 130 cm, for three garments whose commercial size exceeds 130 cm
                     may be applied for up to 5 % of the quantitative limits.
               ( 14) These figures include the following quantities reserved for European industry for a period of ISO days each year:
                                                                    1993 :    150 tonnes
                                                                    1994 :    158 tonnes
                                                                    1995 :    165 tonnes.
 ---pagebreak--- 136                                Europeiska gemenskapernas officiella tidning                                   11 /Vol . 30

                                                        Appendix 3

                                                ANNEX TO PROTOCOL E

      (The product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                        Agreement)

                                                       OPT QUOTAS

                                       COMMUNITY QUANTITATIVE LIMITS

             Category                        Unit                    1993             1994           1995

       4                      1 000 pieces                            200              215            231
       5                      1 000 pieces                            500              530            562
       6                      1 000 pieces                       1 800                1908           2 022
       7                      1 000 pieces                            500              530            562
       8 '                    1 000 pieces                       1200                 1 254          1310
      15                      1 000 pieces                            400              424            449
      16                      1 000 pieces                            800              845            893
      18                     tonnes                                   100               108               116
      21                      1 000 pieces                       1 500                1 613          1 733
      24                      1 000 pieces                            100              105                111
      26                      1 000 pieces                            900              968           1 040
      31                      1 000 pieces                       5 000                5 225          5 460
      73                      1 000 pieces                            200              215            231
      76                      tonnes                                  800              860            925
      78                      tonnes                                   50               52                 55
      83                      tonnes                                   50               52                 55 '

                                                        Appendix 4

                                                    Agreed Minute No 1

      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products , initialled on 8 December 1992 , the
      Parties agreed that Article 6 of the Agreement does not preclude the Community, if the conditions
      are fulfilled, from applying the safeguard measures for one or more of its regions in conformity
      with the principles of the internal market.

      In such an event, China shall be informed in advance of the relevant provisions of Protocol A to
      the Agreement to be applied, as appropriate.

                        For the Government                                        For the Council
              of the People's Republic of China                             of the European Communities
 ---pagebreak--- 11 /Vol. 30                             Europeiska gemenskapernas officiella tidning                               137

                                                         Appendix 5

                                                    Agreed Minute No 2

              Notwithstanding Article 8 ( 1 ) of this Agreement, for imperative technical or administrative
              reasons or to find a solution to economic problems resulting from regional concentration of
              imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
              Community will establish for a limited period of time a specific management system in conformity
              with the principles of the internal market.

              However, if the Parties are unable to reach a satisfactory solution during the consultations
              provided for in Article 8 ( 3 ), China undertakes, if so requested by the Community, to respect
              temporary export limits for one or more regions of the Community. In such a case, these limits
              shall not preclude the importation into the region(s ) concerned of products which were shipped
              from China on the basis of export licences obtained before the date of formal notification to
              China by the Community about the introduction of the above limits.

              The Community shall inform China of the technical and administrative measures, such as defined
              in the attached note verbale, that need to be introduced by both Parties in order to implement the
              above paragraphs in conformity with the principles of the internal market.

                            For the Government                                 For the Council
                     of the People's Republic of China                  of the European Communities

                                                         Note verbale

              The Directorate-General for External Relations of the Commission of the European Communities
              presents its compliments to the Mission of the People's Republic of China to the European
              Communities and has the honour to refer to the Agreement on textile products negotiated
              between the People's Republic of China and the Community applied since 1 January 1989 , as
              extended by the exchange of letters of 7 December 1992.

              The Directorate-General wishes to inform the Mission of the People's Republic of China that the
              Community has decided to apply, starting from 1 January 1993 , the provisions of paragraph 1 of
              Agreed Minute No 2 to the exchange of letters initialled on 8 December 1992 . Consequently, the
              corresponding provisions of Articles 7 and 12 of Protocol A to the- Agreement shall also be
              applied as of the above date.

              The Directorate-General for External Relations avails itself of this opportunity to renew to the
              Mission of the People's Republic of China to the European Communities the assurance of its
              highest consideration .
 ---pagebreak--- 138                               Europeiska gemenskapernas officiella tidning                                  11 /Vol . 30

                                                   Appendix 6

                                              Agreed Minute No 3
      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products, initialled in Brussels on 8 December
      1992, the Parties agreed that China shall endeavour not to deprive certain regions of the
      Community which have traditionally had relatively small shares of Community quotas of imports
      of products serving as inputs for their processing industry.
      The Community and China further agreed to hold consultations, should the need arise, in order to
      avert any problems which might occur in this respect.
      The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
      Agreement on this subject.

                    For the Government                                    For the Council
             of the People's Republic of Chirm                     of the European Communities

                                                   Appendix 7

                                              Agreed Minute No 4
      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products, applied since 1 January 1 989, as
      extended by the exchange of letters initialled on 8 December 1992, China agreed that, from the
      date of request for and pending the consultations referred to in Article 8 ( 3 ), it shall cooperate by
      not issuing export licences that would further aggravate the problems resulting from the regional
      concentration of direct imports into the Community.

                    For the Government                                    For the Council
             of the People's Republic of China                     of the European Communities
 ---pagebreak--- 11 /Vol. 30                             Europeiska gemenskapernas officiella tidning                              139

                                                     Exchange of notes

              The Mission of the People's Republic of China to the European Communities presents its
              compliments to the Directorate-General for External Relations of the Commission of the
              European Communities and has the honour to refer to the Agreement on textile products between
              the People's Republic of China and the Community applied since 1 January 1989, as extended by
              the exchange of letters initialled on 8 December 1992.
              The Mission of the People's Republic of China wishes to confirm to the Directorate-General that
              whilst awaiting the completion of the necessary procedures for the conclusion and the coming into
              force of the extended Agreement, China is prepared to allow the provisions of the Agreement to
              apply de facto from 1 January 1993 . This is on the understanding that either Party may at any
              time terminate this de facto application of the extended Agreement provided that 120 days' notice
              is given .

              The Directorate-General for External Relations would be grateful if the Mission would confirm its
              Agreement to the foregoing.
              The Mission of the People's Republic of China to the European Communities avails itself of this
              opportunity to renew to the Directorate-General for External Relations the assurance of its
              highest consideration.
 ---pagebreak--- 140                             Europeiska gemenskapernas officiella tidning                              11 /Vol . 30

                                                  Appendix 8

                                     Joint declaration on the Berlin Fair

      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products, applied since 1 January 1989, and
      further extended by the exchange of letters initialled on 8 December 1992, the two Parties agreed
      that the following Berlin Fair quantities , that were included in the German regional quotas for
      1992:

                         Category:     1                317        tonnes

                                       2               1 338       tonnes

                                       2(a )             159       tonnes

                                       3                 196       tonnes '
                                       3(a )              27       tonnes

                                       4               2 061       1 000 pieces
                                       5                 705       1 000 pieces
                                       6               1 689       1 000 pieces
                                       7                 302       1 000 pieces
                                       8                 992       1 000 pieces
                                       9                294        tonnes

                                      10               2215        1 000 pairs
                                      12                843        1 000 pairs
                                      13               3 192       1 000 pieces
                                      19               5 431       1 000 pieces
                                     20/39              372        tonnes

                                     21                 964        1 000 pieces
                                     22                  332       tonnes

                                     24                1 138       1 000 pieces
                                     32                  184       tonnes

                                     37                  567       tonnes

                                     37(a )              158       tonnes

      are made available for the years 1993 , 1994, 1995 on the understanding that such quantities may
      be used exclusively at European fairs and that they take definitively care of China's interests
      regarding any future allocation of quantities for fairs that could be decided by the Community.

      Flexibilities provided for in Article 5 of the Agreement will apply to the above categories .

                    For the Government                                  For the Council
              of the People's Republic of China                  of the European Communities
 ---pagebreak--- Il /Vol. 30                                Europeiska gemenskapernas officiella tidning                                141

                                                             Appendix 9

                                                      Agreed Minute No 5

              In the context of the settlement of the overshipment, which occurred in 1992 concerning the
              sublimit for cashmere pullovers in category 5, China undertakes to ensure improved regular
              supplies of cashmere raw materials in terms of qualities and prices to European producers of
              cashmere made-up products .

              The actual implementation of this undertaking as well as active action by China to combat fraud
              and transhipments of cashmere products will be taken into account by the European Community
              in defining the calendar and modalities for the resorption of quantities overshipped in 1992 .

              As a first step in the resorption of the 1992 overshipments, whose magnitude will be determined
              on the basis of Community import statistics for 1992, an annual deduction of 45 000 pieces has
              been agreed for the years 1993 , 1994 and 1995 .

              Consultations will be held at the request of either Party to review trade developments on this
              subject.

                               For the Government                                For the Council
                         of the People's Republic of China                 of the European Communities

                                                             Appendix 10

                                                       Agreed Minute No 6

              In the context of the Agreement between the European Economic Community and the People's
              Republic of China on trade in textile and clothing products, applied since 1 January 1989 , as
              extended by the exchange of letters initialled on 8 December 1992, the Parries agreed that by
              derogation to the provisions of Article 4 ( 1 } of the Agreement, the quantitative limits provided for
              in Annex III in respect of products of category 33 cover all imports including products declared to
              be for re-export outside the Community. Exports of these products will consequently be subject to
              the normal double-checking system.

                               For the Government                                 For the Council
                         of the People's Republic of China                 of the European Communities
 ---pagebreak--- 142                             Europeiska gemenskapernas officiella tidning                             11 /Vol . 30

                                                  Appendix 11

                                           Agreed Minute No 7
      In the context of the Agreement between the European Economic Community and the People's
      Republic of China on trade in textile and clothing products, applied since 1 January 1989, as
      extended by the exchange of letters initialled on 8 December 1992, China undertakes to limit its
      exports to the European Community of surgical dressing (CN code 3005 90 31 ) to the following
      quantities:
                                           1993       3 200 tonnes
                                           1994       3 360 tonnes
                                           1995       3 528 tonnes .

      Exports of these products will be made subject to normal double-checking system provisions of
      the Agreement.

                    For the Government                                 For the Council
              of the People's Republic of China                  of the European Communities