CELEX: 21992A1231(28)
Language: sv
Date: 1993-12-02 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Federativa republiken Brasilien om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

11 /Vol. 30                                 Europeiska gemenskapernas officiella tidning                                     171
292A1231(28)

Nr L 110/ 154                       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 Federative Republic of Brazil on trade in textile products

                                                             Letter No 1

               Sir,

                1.      I have the honour to refer to the consultations held on 11 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 Federative Republic of
                        Brazil 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
                        Federative Republic of Brazil 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 7 ( 6 ) of the Agreement and Protocol B are deleted .
                2.3 .   Article 8 (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 11 is replaced by the following:
                        ' 1 . The quantitative limits established under this Agreement on imports into the
                              Community of textile products of Brazilian 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 . Brazil 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, and in accordance with Article 15 ( 1 ).
                        • 4. Brazil 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 13 and all references to this Article in the Agreement are deleted .
                2.6.    The following is added at the beginning of Article 15 ( 1 ):
                        ' 1 . Save where it is otherwise provided for in this Agreement, . . .'
                2.7.    The second sentence of Article 17 ( 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--- 172                                Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

      2.8 .   The first sentence of Artide 6 ( 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 7 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 11 ( 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 7 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 13 ( 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 tive-digit number running consecutively from 00001 to 99999 allocated to the
                  intended Member State of customs clearance .'

      2.11 . The first sentence in the first indent of Protocol C is replaced by the following :
              'For products in categories falling within Groups I, II and III the growth rate shall be fixed
              by Agreement between the Parties in accordance with the consultation procedure
              established in Article 15 of the Agreement.'
      2.12. Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of the
              Agreement.
      2.13 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of the
              Agreement.
      2.14 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of the
              Agreement.
      2.15 . 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--- 1 1 /Vol. 30                                    Europeiska gemenskapernas officiella tidning                                                   173

                                                                      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               1994                 1995 (:)

                1                        tonnes                                   35 837               36 446                37 066
                2                        tonnes                                   22 231               22 453                22 678

                2(a )                    tonnes                                     4 709               4 789                 4 870

                3                         tonnes                                    2 200               2 288                 2 380
                4                         1 000 pieces                            29 800               30 992                32 232

                6 O                       I 000 pieces                              3 1 13              3 238                 3 367
                9                         tonnes                                     6 502              6 762                 7 033

               20                         tonnes                                     3 995              4 155                 4 321

               22                         tonnes                                    11 851             12 562                13 316

               39                         tonnes                              •      3 167              3 357                 3 558

               46                         tonnes                                    18 352             19 453                20 620

               (') For the purpose of setting off exports against the agreed 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 .
               ( 2) To be applied in case of automatic extension according to Article 17 ( 1 ).

                                                                      Appendix 3

                                                                Agreed Minute No 1

               In the context of the Agreement between the European Economic Community and the Federative
               Republic of Brazil on trade in textile and clothing products, initialled on 14 December 1992, the
               Parties agreed that Article 7 of the Agreement does not preclude the Community, if the conditions
               are fulfilled, from applying, in conformity with the principles of the internal market, the safeguard
               measures referred to in Article 7 for one or more of its regions .
               In such an event, Brazil 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 Federative Republic of Brazil                                 of the European Communities
 ---pagebreak--- 174                              Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

                                                   Appendix 4

                                            Agreed Minute No 2
      Notwithstanding Article' 11 ( 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 11 (3 ), Brazil undertakes, if so requested by the Community, to respect
      temporary export limits for one or more regions of the Community. In such case, these limits shall
      not preclude the importation into the region(s) concerned of products which were shipped from
      Brazil on the basis of export licences obtained' before the date of formal notification to Brazil by
      the Community about the introduction of the above limits.
      The Community shall inform Brazil 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 Federative Republic of Brazil                  of the European Communities

                                                   Note verbale

      The Directorate-General for External Relations ot the Commission of the European Communities
      presents its compliments to the Mission of the Federative Republic of Brazil to the European
      Communities and has the honour to refer to the Agreement on textile products negotiated
      between the Federative Republic of Brazil and the Community applied since 1 January 1987, as
      extended by the exchange of letters initialled on 27 February 1992 and as further extended by the
      exchange of letters of 14 December 1992 .
      The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil that
      the Community has decided to apply, starting from 1 January 1 993 , the provisions of paragraph 1
      of Agreed Minute No 2 to the exchange of letters initialled on 14 December 1992 . Consequently,
      the corresponding provisions of Articles 6 and 1 1 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 co the
      Mission of the Federative Republic of Brazil to the European Communities the assurance of its
      highest consideration.
 ---pagebreak--- 11 /Vol. 30                             Europeiska gemenskapernas officiella tidning                                 175

                                                           Appendix 5

                                                    Agreed Minute No 3

              In the context of the Agreement between the European Economic Community and the Federative
              Republic of Brazil on trade in textile and clothing products, initialled in Brussels on 14 December
              1992, the Parties agreed that Brazil 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 Brazil 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 Federative Republic of Brazil                 of the European Communities

                                                           Appendix 6

                                                    Agreed Minute No 4

              In the context of the Agreement between the European Economic Community and the Federative
              Republic of Brazil on trade in textile and clothing products, applied since 1 January 1987, as
              extended by the exchange of letters initialled on 27 February 1992 and further extended by the
              exchange of letters initialled on 14 December 1992, Brazil agreed that, from the date of request
              for and pending the consultations referred to in Article 11 ( 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 Federative Republic of Brazil                 of the European Communities
 ---pagebreak--- 176                              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 Federative Republic of Brazil to the European
      Communities and has the honour to refer to the Agreement on textile products between the
      Federative Republic of Brazil and the Community applied since 1 January 1987, as extended by
      the exchange of letters initialled on 27 February 1992 and as further extended by the exchange of
      letters initialled on 14 December 1992 .

      The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil 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 Federative Republic of Brazil to the European Communities the assurance of its
      highest consideration.
 ---pagebreak--- 11 /Vol. 30                                    Europeiska gemenskapernas officiella tidning                               177

                                                                Letter No 2

              Sir,

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

                     'Sir,

                     1.      I have the honour to refer to the consultations held on 11 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 Federative Republic of
                             Brazil, 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
                             Federative Republic of Brazil 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 7 ( 6 ) of the Agreement and Protocol C are deleted .
                     2.3 .   Article 8 (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 monrh following the month to which the statistics
                             relate ."

                     2.4.    Article 12 is replaced by the following:
                             " 1 . The quantitative limits established under this Agreement on imports into the
                                   Community of textile products of Brazilian 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 . Brazil 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, and in accordance with
                                   Article 15 ( 1 ).
                              4. Brazil 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 13 and all references to this Article in the Agreement are deleted.
                     2.6 .   The following is added at the beginning of Article 15 ( 1 ):
                             " 1 . Save where it is otherwise provided for in this Agreement, ..."

                     2.7.    The second sentence of Article 17 ( 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--- 178                                   Europeiska gemenskapernas officiella tidning                              1 1 /Vol . 30

          2.8 .   The first sentence of Artide 6 ( 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 7 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 11 ( 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 7 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 13 (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 . The first sentence in the first indent of Protocol C is replaced by the following:
                 " For products in categories falling within Groups I, II and III the growth rate shall be
                 fixed by Agreement between the Parties in accordance with the consultation procedure
                 established in Article 15 of the Agreement."
          2.12 . Agreed Minute No 1 set out in Appendix- 3 to this letter shall form an integral part of
                  the Agreement.
          2.13 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of
                 the Agreement.
          2.14. Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of
                 the Agreement.
          2.15 . 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 Federative Republic of Brazil
 ---pagebreak--- 11 /Vol. 30                                      Europeiska gemenskapernas officiella tidning                                                179

                                                                       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              1994               1995 (2)

               1                          tonnes                                    35 837             36 446              37 066
               2                          tonnes                                    22 231             22 453              22 678

               2(a )                      tonnes                                      4 709             4 789               4 870

               3                          tonnes                                      2 200             2 288               2 380

               4                          1 000 pieces                              29 800             30 992              32 232

               6 C)                       1 000 pieces                                3 113             3 238               3 367

               9                          tonnes                                      6 502             6 762                7 033

              20                          tonnes                                      3 995             4 1 55              4 321

              22                          tonnes                                      11 851           12 562              13316
              39                          tonnes                                      '3 167            3 357                3 558

              46                          tonnes                                    18 352             19 453              20 620

              (') For the purpose of setting otf exports against the agreed 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.
              ( :) To be applied in case of automatic extension according to Article 17 ( 1 ).

                                                                       Appendix 3

                                                                Agreed Minute No 1
              In the context of the Agreement between the European Economic Community and the Federative
              Republic of Brazil on trade in textile and clothing products, initialled on 14 December 1992, the
              Parties agreed that Article 7 of the Agreement does not preclude the Community, if the conditions
              are fulfilled, from applying, in conformity with the principles of the internal market, the safeguard
              measures referred to in Article 7 for one or more of its regions .

              In such an event, Brazil 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 Federative Republic of Brazil                                  of the European Communities
 ---pagebreak--- 180                             Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

                                                   Appendix 4

                                            Agreed Minute No 2

      Notwithstanding Article 11 ( 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 11 (3 ), Brazil undertakes, if so requested by the Community, to respect
      temporary export limits for one or more regions of the Community. In such case, these limits shall
      not preclude the importation into the region(s ) concerned of products which were shipped from
      Brazil on the basis of export licences obtained before the date of formal notification to Brazil by
      the Community about the introduction of the above limits .
      The Community shall inform Brazil 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 Federative Republic of Brazil                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 Federative Republic of Brazil to the European
      Communities and has the honour to refer to the Agreement on textile products negotiated
      between the Federative Republic of Brazil and the Community applied since 1 January 1987, as
      extended by the exchange of letters initialled on 27 February 1992 and as further extended by the
      exchange of letters of 14 December 1992 .

      The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil 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 14 December 1992. Consequently,
      the corresponding provisions of Articles 6 and 11 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 Federative Republic of Brazil to the European Communities the assurance of its
      highest consideration.
 ---pagebreak--- 11 /Vol . 30                             Europeiska gemenskapernas officiella tidning                                 181

                                                            Appendix 5

                                                     Agreed Minute No 3

               In the context of the Agreement between the European Economic Community and the Federative
               Republic of Brazil on trade in textile and clothing products, initialled in Brussels on 14 December
               1992, the Parties agreed that Brazil 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 Brazil 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 Federative Republic of Brazil                 of the European Communities

                                                            Appendix 6

                                                      Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and the Federative
               Republic of Brazil on trade in textile and clothing products, applied since 1 January 1987, as
               extended by the exchange of letters initialled on 27 February 1992 and further extended by the
               exchange of letters initialled on 14 December 1992, Brazil agreed that, from the date of request
               for and pending the consultations referred to in Article 11 ( 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 Federative Republic of Brazil                 of the European Communities
 ---pagebreak--- 182                             Europeiska gemenskapernas officiella tidning                               11 /Vol . 30

                                             Exchange of notes

      The Mission of the Republic of Brazil 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 . . . regarding the Agreement on
      textile products between the Federative Republic of Brazil and the Community applied since
      1 January 1987, as extended by the exchange of letters initialled on 27 February 1992 and as
      further extended by the exchange of letters initialled on 14 December 1992 .

      The Mission of the Federative Republic of Brazil 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 Federative Republic of Brazil is
      prepared ro 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 Federative Republic of Brazil to the European Communities avails itself of this
      opportunity to renew to the Directorate-General for External Relations the assurance of its
      highest consideration .