CELEX: 21992A1231(24)
Language: sv
Date: 1993-12-02 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Republiken Peru om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

11 /Vol . 30                                 Europeiska gemenskapernas officiella tidning                                   109

292A1231(24 )

Nr L 110/92                         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 Republic of Peru on trade in textile products

                                                              Letter No 1

                Sir,

                1.      I have the honour to refer to the consultations held on 7 and 8 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 Republic of Peru applied
                        since 1 January 1987, as extended by the exchange of letters applied since 1 January 1992
                        (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 and Annex II which set out the quantitative restrictions for exports from the
                        Republic of Peru to the European Economic Community, are replaced for the period
                        1 January 1993 to 31 December 1994 by Appendix 1 and Appendix 2 to this letter,
                        respectively.

                2.2.    Article 8 (6 ) and Protocol C to the Agreement are deleted .

                2.3 .   Article 9 (2 ) is replaced by the following:
                        'The information referred to in paragraph 1 shall , for all categories of products, be
                        forwarded before the end of the month following the month to which the statistics
                        relate .'

                2.4.    Article 12 ( 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 Peruvian 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 . Peru 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 . Peru 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 14 and all references to this Article in the Agreement are deleted .

                2.6 .   The following is added at the beginning of Article 16 ( 1 ):
                        ' 1 . Save where it is otherwise provided for in this Agreement, . . .'

                2.7.    The second sentence of Article 18 ( 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 GATT trade
 ---pagebreak--- 110                               Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

              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.'
      2.8 .   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 .'

      2.9 .   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.'
      2.10. 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 .'

      2.11 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of the
              Agreement.

      2.12. Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of the
              Agreement.
      2.13. Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of the
              Agreement.

      2.14. Agreed Minute No 4 set out in Appendix 6 to this letter 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 1987, 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                                               111

                                                                 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 II

              (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                19 94               1995

              K ')                     tonnes                                  9 489              9 963               10 461
              2                        tonnes                                  5 165              5 527                5 913

              ( ) An additional annual quantity of 900 tonnes of products falling within category 1 is reserved for imports into the
                  Community for processing by Communitv industry'.

                                                                  Appendix 3

                                                            Agreed Minute No 1
              In the context of the Agreement between the European Economic Community and the Republic of
              Peru on trade in textile and clothing products, initialled on 8 December 1992 , the Parties agreed
              that Article 8 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, Peru 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 Republic of Peru                                   of the European Communities
 ---pagebreak--- 112                                Europeiska gemenskapernas officiella tidning                           11 /Vol . 30

                                                   Appendix 4

                                              Agreed Minute No 2

      Notwithstanding Article 12 ( 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 12 ( 3 ), Peru 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 Peru on the basis of export licences obtained before the date of formal notification to Peru
      by the Community about the introduction of the above limits.

      The Community shall inform Peru 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 Republic of Fern                       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 Republic of Peru to the European Communities
      and has the honour to refer to the Agreement on textile products negotiated between the Republic
      of Peru and the Community applied since 1 January 1987, as extended by the exchange of letters
      initialled on 15 November 1991 and as further extended by the exchange of letters of 8 December
      1992 .

      The Directorate-General wishes to inform the Mission of the Republic of Peru 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 Republic of Peru to the European Communities the assurance of its highest
      consideration .
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                                   113

                                                            Appendix S

                                                       Agreed Minute No 3

               In the context of the Agreement between the European Economic Community and the Republic of
               Peru on trade in textile and clothing products, initialled in Brussels on 8 December 1992 , the
               Parties agreed that Peru 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 Peru 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 Republic of Peru                         of the European Communities

                                                            Appendix 6

                                                       Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and the Republic of
               Peru on trade in textile and clothing products, applied since 1 January 1987, as extended by the
               exchange of letters initialled on 15 November 1991 and further extended by the exchange of
               letters initialled on 8 December 1992, Peru agreed that, from the date of request for and pending
               the consultations referred to in Article 12 (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 Republic of Peru                         of the European Communities
 ---pagebreak--- 14                              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 Republic of Peru to the European Communities
     and has the honour to refer to the Agreement on textile products between the Republic of Peru
     and the Community applied since 1 January 1987, as extended by the exchange of letters initialled
     on 15 November 1991 and as further extended by the exchange of letters initialled on
     8 December 1992 .

     The Directorate-General wishes to inform the Mission of the Republic of Peru 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 eith'er 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 Republic of Peru to the European Communities the assurance of its highest
     consideration .
 ---pagebreak--- 11 /Vol. 30                                  Europeiska gemenskapernas officiella tidning                                 115

                                                               Letter No 2

              Sir,

              I have the honour to acknowledge receipt of your letter of 8 December 1992, which reads as
              follows:

                     'Sir,

                     1.      I have the honour to refer to the consultations held on 7 and 8 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 Republic of Peru,
                             applied since 1 January 1987, as extended by the exchange of letters applied since
                             1 January 1992 (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 and Annex II which set out the quantitative restrictions for exports from the
                             Republic of Peru to the European Economic Community are replaced for the period
                             1 January 1993 to 31 December 1994 by Appendix 1 and Appendix 2 of this letter,
                             respectively.
                     2.2.    Article 8 (6 ) and Protocol C to the Agreement are deleted .
                     2.3 .   Article 9 (2) is replaced by the following:
                             "The information referred to in paragraph 1 shall, for all categories of products, be
                             forwarded before the end of the month following the month to which the statistics
                             relate."

                     2.4 .   Article 12 ( 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 Peruvian 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 . Peru 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. Peru 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 14 and all references to this Article in the Agreement are deleted .
                     2.6.    The following is added at the beginning of:
                             " 1 . Save where it is otherwise provided for in this Agreement, ..."
                     2.7.    The second sentence of Article 18 ( 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
                             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."
 ---pagebreak--- 116                                   Europeiska gemenskapernas officiella tidning                              11 /Vol . 30

          2.8 .   The first sentence of Artide 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."
          2.9 .   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."
          2.10. 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,                                    France,
                                                                            FR      =

                      DE       - Germany,                                   GB
                                                                             United Kingdom,
                                                                                    =

                      DK       = Denmark,                                    Ireland,
                                                                            IE      s

                      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 ."

          2.11 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of
                  the Agreement.
          2.12. Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of
                  the Agreement.
          2.13 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of
                  the Agreement.
          2.14 . Agreed Minute No 4 set out in Appendix 6 to this letter 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 1987, 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 Republic of Peru
 ---pagebreak--- 11 /Vol . 30                                  Europeiska gemenskapernas officiella tidning                                              117

                                                                   Appendix 1

                   (The contents of Appendix 1 are identical to those of Appendix 1 to Letter No 1 ; see pages 16 to 42)

                                                                   Appendix 2

                                                                   ANNEX II

               (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

               l (') ·                    tonnes                               9 489               9 963               10 461

               2                          tonnes                               5 1 65              5 527                5 913

               (') An additional annua! quantity of 900 tonnes of products falling within category 1 is reserved for imports into the
                   Community for processing by Community industry.

                                                                   Appendix 3

                                                            Agreed Minute No 1
               In the context of the Agreement between the European Economic Community and the Republic of
               Peru on trade in textile and clothing products, initialled on 8 December 1992, the Parties agreed
               that Article 8 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, Peru 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 Republic of Peru                                 of the European Communities
 ---pagebreak--- 118                                Europeiska gemenskapernas officiella tidning                           11 /Vol . 30

                                                   Appendix 4

                                              Agreed Minute No 2

      Notwithstanding Article 12 ( 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 12 (3 ), Peru 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 Peru on the basis of export licences obtained before the date of formal notification to Peru
      by the Community about the introduction of the above limits.

      The Community shall inform Peru of the technical and administrative measures such as defined in
      the attached note verbal 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 Republic of Peru                       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 Republic of Peru to the European Communities
      and has the honour to refer to the Agreement on textile products negotiated between the Republic
      of Peru and the Community applied since 1 January 1987, as extended by the exchange of letters
      initialled on 15 November 1991 and as further extended by the exchange of letters of 8 December
      1992 .

      The Directorate-General wishes to inform, the Mission of the Republic of Peru 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 Republic of Peru to the European Communities the assurance of its highest
      consideration .
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                                     119

                                                             Appendix 5

                                                       Agreed Minute No 3

               In the context of the Agreement between the European Economic Community and the Republic of
               Peru on trade in textile and clothing products, initialled in Brussels on 8 December 1992, the
               Parties agreed that Peru 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 Peru 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 Republic of Peru                          of the European Communities

                                                             Appendix 6

                                                        Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and the Republic of
               Peru on trade in textile and clothing products, applied since 1 January 1987, as extended by the
               exchange of letters initialled on 15 November 1991 and further extended by the exchange of
               letters initialled on 8 December 1992, Peru agreed that, from the date of request for and pending
               the consultations referred to in Article 12 ( 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 Republic of Peru                          of the European Communities
 ---pagebreak--- 120                             Europeiska gemenskapernas officiella tidning                              11 /Vol . 30

                                             Exchange of notes

      The Mission of the Republic of Peru 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 Director-General's note of 8 December 1992 regarding the
      Agreement on textile products between the Republic of Peru and the Community applied since
      1 January 1987, as extended by the exchange of letters initialled on 15 November 1991 and as
      further extended by the exchange of letters initialled on 8 December 1992 .

      The Mission of the Republic of Peru 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, the Government of the Republic of Peru is prepared to allow the
      provisions of the extended 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 Mission of the Republic of Peru to the European Communities avails itself of this opportunity
      to renew to the Directorate-General for External Relations the assurance of its highest
      consideration .