CELEX: 21994A0517(20)
Language: et
Date: 1993-12-20 00:00:00
Title: Agreement between the European Economic Community and Ukraine on trade in textile products

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21994A0517(20)
17.5.1994                                             EUROOPA ÜHENDUSTE TEATAJA                                                               L 123/718
                                                                   AGREEMENT
                      between the European Economic Community and Ukraine on trade in textile products
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            of the one part, and
            THE GOVERNMENT OF UKRAINE,
            of the other part,
            DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly
            and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as
            “the Community”) and Ukraine,
            RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile
            industry in both importing and exporting countries, and in particular, to eliminate real risks of market disruption on the market
            of the Community and real risks of disruption to the textile trade of Ukraine,
            HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            THE GOVERNMENT OF UKRAINE,
            WHO HAVE AGREED AS FOLLOWS:
                               Article 1                                       2. In administering the quantitative limits referred to in
                                                                               paragraph 1, Ukraine shall ensure that the Community textile
1. Trade in textile products listed in Annex I and originating                 industry shall benefit from utilization of the said limits.
within the Contracting Parties shall be liberalized for the duration
of this Agreement under the conditions set out therein.                        More particularly, as regards categories 1, 2, 2a and 3, Ukraine
                                                                               undertakes upon request from the Community to reserve, as
                                                                               a priority, 50 % of the quantitative limits concerned for
2. Subject to the provisions of this or any successive Agreement,              Community industry users during a period extending between 1
the Community undertakes, in respect of the products listed in                 January to 31 May of each year. For this purpose, contracts made
Annex I, to suspend the application of quantitative import                     with the industry during the periods in question shall be taken into
restrictions currently in force and not to introduce new                       consideration.
quantitative restrictions.
                                                                               3. To facilitate the implementation of these provisions the
Quantitative import restrictions shall be re-introduced in case of             Community shall provide the competent Ukrainian authorities,
denunciation or non-replacement of the present Agreement.                      before the end of each year, with a list of interested Community
                                                                               manufacturers and processors and, if possible, of the quantity of
3. Measures having equivalent effect to quantitative restrictions              products requested for each firm. To this end, the firms concerned
on the importation into the Community of the products listed in                are invited to make direct contact with the relevant Ukrainian
Annex I shall be prohibited for the duration of this Agreement.                enterprises as early as possible during the two reservation periods
                                                                               mentioned in paragraph 2, in order to make their purchasing
                                                                               intentions known.
                               Article 2
                                                                                                                 Article 3
1. Ukraine agrees to establish and maintain for each calendar year
quantitative limits on its exports to the Community in accordance              1. Imports into the Community of textile products covered by
with Annex II. Such exports shall be subject to a double-checking              this Agreement shall not be subject to the quantitative limits
system as specified in Protocol A.                                             established in Annex II, provided that they are declared to be for
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re-export outside the Community in the same state or after               up to 5 % of the quantitative limit for the category to which the
processing, within the framework of the administrative system of         transfer is made.
control which exists within the Community.
                                                                         4. The table of equivalence applicable to the transfers referred to
However, the release for home use of products imported into the          above is given in Annex I to this Agreement.
Community under the conditions referred to above shall be
subject to the production of an export licence issued by the
                                                                         5. The increase in any category of products resulting from the
authorities of Ukraine, and to proof of origin in accordance with
                                                                         cumulative application of the provisions in paragraphs 1, 2 and 3
the provisions of Protocol A.
                                                                         above during an Agreement year shall not exceed the following
                                                                         limits:
2. Where the Community authorities ascertain that imports of
textile products have been set off against a quantitative limit
                                                                         — 13 % for categories of products in Group I,
established under this Agreement, but that the products have
subsequently been re-exported outside the Community, the
authorities shall inform the Ukrainian authorities within four           — 13,5 % for categories of products in Groups II, III, IV and V.
weeks of the quantities involved and authorize imports of
identical quantities of the same products, which shall not be set off    6. Prior notification shall be given by the Ukrainian authorities in
against the quantitative limit established under this Agreement for      the event of recourse to the provisions of paragraphs 1, 2 and 3
the current or the following year, as appropriate.                       above, at least 15 days in advance.
3. The Community and Ukraine recognize the special and
differential character of re-imports of textile products into the
Community after processing in Ukraine as a specific form of
industrial and trade cooperation.                                                                       Article 5
Provided that they are effected in accordance with the regulations       1. Exports of textile products not listed in Annex II to this
on economic outward processing in force in the Community,                Agreement may be made subject to quantitative limits on the
these re-imports are not subject to the quantitative limits set out      conditions laid down in the following paragraphs.
in Annex II when they are subject to the specific arrangements laid
down in Protocol C.                                                      2. Where the Community finds, under the system of
                                                                         administrative control set up, that the level of imports of products
                                                                         in a given category not listed in Annex II originating in Ukraine
                                                                         exceeds, in relation to the preceding year’s total imports into the
                                                                         Community from all sources of products in that category, the
                              Article 4                                  following rates:
1. In any Agreement year advance use of a portion of the                 — 1,2 % for categories of products in Group II,
quantitative limit established for the following Agreement year is
authorized for each category of products up to 5 % of the
quantitative limit for the current Agreement year.                       — 4 % for categories of products in Groups III, IV and V,
Amounts delivered in advance shall be deducted from the                  it may request the opening of consultations in accordance with the
corresponding quantitative limits established for the following          procedure described in Article 15 of this Agreement, with a view
Agreement year.                                                          to reaching agreement on an appropriate restraint level for the
                                                                         products in such category.
2. Carry-over to the corresponding quantitative limit for the
following Agreement year of the amounts not used during any              3. Pending a mutually satisfactory solution, Ukraine undertakes,
Agreement year is authorized for each category of products up to         from the date of notification of the request for consultations, to
7 % of the quantitative limit for the current Agreement year.            suspend or limit at the level indicated by the Community exports
                                                                         of the category of products in question to the Community or to
                                                                         the region or regions of the Community market specified by the
3. Transfers in respect of categories in Group I shall not be made       Community.
from any category except as follows:
                                                                         The Community shall authorize the importation of products of
— transfers between categories 2 and 3 and from category 1 to            the said category shipped from Ukraine before the date on which
    categories 2 and 3 may be made up to 4 % of the quantitative         the request for consultations was submitted.
    limits for the category to which the transfer is made,
                                                                         4. Should the Contracting Parties be unable in the course of
— transfers between categories 4, 5, 6, 7 and 8 may be made up           consultations to reach a satisfactory solution within the period
    to 4 % of the quantitative limit for the category to which the       specified in Article 15 (2), the Community shall have the right to
    transfer is made.                                                    introduce a definitive quantitative limit at an annual level not
                                                                         lower than the level resulting from the application of the formula
Transfers into any category in Groups II, III, IV and V may be made      set out in paragraph 2, or 106 % of the level of imports reached
from any category or categories in Groups I, II, III, IV and V           during the calendar year preceding that in which imports exceeded
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the level resulting from the application of the formula set out in       sufficient evidence of circumvention is provided, adjustments of
paragraph 2 and gave rise to the request for consultations,              quantitative limits liable to be agreed following the consultation
whichever is the higher.                                                 referred to in paragraph 2, may be carried out for the quota year
                                                                         in which the request to open consultations in accordance with
The annual level so fixed shall be revised upwards after                 paragraph 2 was made, or for the following year if the quota for
consultations in accordance with the procedure referred to in            the current year is exhausted.
Article 15, with a view to fulfilling the conditions set out in
paragraph 2, should the trend of total imports into the                  4. Should the Parties be unable, in the course of the consultation
Community of the product in question make this necessary.                referred to in paragraph 2 to reach a mutually satisfactory
                                                                         solution, the Community shall have the right:
5. The limits introduced under paragraph 2 or 4 may in no case
be lower than the level of imports of products in that category          a) where there is sufficient evidence that products originating in
originating in Ukraine in 1992.                                              Ukraine have been imported in circumvention of the present
                                                                             Agreement, to set off the relevant quantities against the
6. The provisions of this Article shall not apply where the                  quantitative limits established under the Agreement;
percentages specified in paragraph 2 have been reached as a result
of a fall in total imports into the Community, and not as a result       b) where sufficient evidence shows that false declaration
of an increase in exports of products originating in Ukraine.                concerning fibre content, quantities, description or
                                                                             classification of products originating in Ukraine has occured,
7. In the event of the provisions of paragraph 2, 3 or 4 being               to refuse to import the products in question;
applied, Ukraine undertakes to issue export licences for products
covered by contracts concluded before the introduction of the            c) should it appear the territory of Ukraine is involved in
quantitative limit, up to the volume of the quantitative limit fixed.        transhipment or re-routing of products not originating in
                                                                             Ukraine, to introduce quantitative limits against the same
8. Up to the date of communication of the statistics referred to in          products originating in Ukraine if they are not already subject
Article 12 (6), the provisions of paragraph 2 of this Article shall          to quantitative limits, or to take any other appropriate
apply on the basis of the annual statistics previously                       measures.
communicated by the Community.
                                                                         5. The Parties agree to establish a system of administrative
9. The provisions of this Agreement which concern exports of             cooperation to prevent and to address effectively all problems
products subject to the quantitative limits established in Annex II      arising from circumvention in accordance with the provisions of
shall also apply to products for which quantitative limits are           Protocol A to this Agreement.
introduced under this Article.
                               Article 6
                                                                                                       Article 7
1. In view of ensuring the effective functioning of this Agreement,
the Community and Ukraine agree to cooperate fully in order to           1. The quantitative limits established under this Agreement on
prevent, to investigate and to take any necessary legal and/or           imports into the Community of textile products of Ukrainian
administrative action against circumvention by transhipment,             origin will not be broken down by the Community into regional
re-routing, false declaration concerning the country or place of         shares.
origin, falsification of documents, false declaration concerning
fibre content, quantities description or classification of
merchandise any by whatever other means. Accordingly, Ukraine            2. The Parties shall cooperate in order to prevent sudden and
and the Community agree to establish the necessary legal                 prejudicial changes in traditional trade flows resulting in regional
provisions and administrative procedures permitting effective            concentration of direct imports into the Community.
action to be taken against such circumvention, which shall include
the adoption of legally binding corrective measures against
exporters and/or importers involved.                                     3. Ukraine shall monitor its exports of products under restraint or
                                                                         surveillance into the Community. Should a sudden and prejudicial
2. Should the Community believe on the basis of information              change in traditional trade flows arise, the Community will be
available that the present Agreement is being circumvented, the          entitled to request consultations in order to find a satisfactory
Community will consult with Ukraine with a view to reaching              solution to those problems. Such consultations must be held
a mutually satisfactory solution. These consultations will be held       within 15 working days of their being requested by the
as early as possible and at the latest within 30 days from the date      Community.
of request.
                                                                         4. Ukraine shall endeavour to ensure that exports of textile
3. Pending the results of the consultation referred to in paragraph      products subject to quantitative limits into the Community are
2, Ukraine shall, as a precautionary measure, if so requested by the     spaced out as evenly as possible over the year due account being
Community, take all necessary measures to ensure that, where             taken in particular of seasonal factors.
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                               Article 8                                 the Community at prices abnormally lower than the normal
                                                                         competitive level, such as to cause injury which it would be
In the event of denunciation of this Agreement as provided for in        difficult to repair, the Community may temporarily suspend
Article 20 (3), the quantitative limits established in Annex II shall    imports of the products concerned pending agreement on
be reduced on a pro rata temporis basis unless the Contracting           a solution in the course of consultations, which shall be opened
Parties decide otherwise by common agreement.                            immediately. The Contracting Parties shall do their utmost to
                                                                         reach a mutually acceptable solution within 10 working days
                                                                         “notice of the opening of such consultations.”
                                                                         6. Should the Community have recourse to the measures referred
                                                                         to in paragraphs 4 and 5 above, Ukraine may at any time request
                               Article 9                                 the opening of consultations to examine the possibility of
                                                                         eliminating or modifying these measures where the causes which
                                                                         made them necessary no longer exist.
Ukraine exports of cottage-industry fabrics woven on hand- or
foot-operated looms, garments or other made-up articles obtained
manually from such fabrics and of traditional folklore handicraft
products shall not be subject to quantitative limits, provided that
these products originating in Ukraine meet the conditions laid                                         Article 11
down in Protocol B.
                                                                         1. The classification of the products covered by this Agreement is
                                                                         based on the tariff and statistical nomenclature of the Community
                                                                         (hereinafter called the “combined nomenclature”, or in
                                                                         abbreviated for “CN”) and any amendments thereof.
                              Article 10                                 Where any decision on classification results in a change of
                                                                         classification practice or a change of category of any product
1. Should the Community consider that a textile product covered          subject to this Agreement the affected products shall follow the
by this Agreement is being imported into the Community from              trade regime applicable to the practice or category they fall into
Ukraine at a price abnormally lower than the normal competitive          after such changes.
level and is for this reason causing or threatening to cause serious
injury to Community producers of like or directly competing              Any amendment to the combined nomenclature (CN) made in
products, it may request consultations under Article 15, and in          accordance with the procedures in force in the Community
that event the following specific provisions shall be applicable.        concerning categories of products covered by this Agreement or
                                                                         any decision relating to the classification of goods shall not have
2. If following such consultations it is acknowledged by common          the effect of reducing quantitative limits introduced pursuant to
accord that the situation described in paragraph 1 exists, Ukraine       this Agreement.
shall take, within the limits of its powers, the necessary steps,
notably as regards the price at which the product in question will       2. The origin of the products covered by this Agreement shall be
be sold, to remedy the situation.                                        determined in accordance with the rules in force in the
                                                                         Community.
3. In order to determine whether the price of a textile product is
abnormally lower than the normal competitive level, it may be            Any amendment to these rules of origin shall be communicated
compared with:                                                           to Ukraine and shall not have the effect of reducing any
                                                                         quantitative limit established in Annex II.
— the prices generally charged for like products sold under the
    ordinary conditions by other exporting countries on the              The procedures for control of the origin of the products referred
    market of the importing country,                                     to above are laid down in Protocol A.
— the prices of like national products at a comparable marketing
    stage on the market of the importing country,
                                                                                                       Article 12
— the lowest prices charged by a third country for the same
    product in the course of ordinary commercial dealings in the
                                                                         1. Ukraine shall supply the Commission with precise statistical
    three months preceding the request for consultations, and not
                                                                         information on all export licences issued for categories of textile
    having led to the adoption of any measure by the Community.
                                                                         products subject to the quantitative limits set out in Annex II,
                                                                         expressed in quantities and in terms of value and broken down by
4. Should the consultations referred to in paragraph 2 above fail        Member States of the Community, as well as on all certificates
to lead to an agreement within 30 days of the Community’s                issued by the competent Ukrainian authorities for products
request for consultations, the Community may, until these                referred to in Article 9 and subject to the provisions of Protocol B.
consultations have produced a mutually satisfactory solution,
temporarily refuse consignments of the product in question at            2. The Community shall likewise transmit to the Ukrainian
prices under the conditions referred to in paragraph 1 above.            authorities precise statistical information on import
                                                                         authorizations issued by the Community authorities and import
5. In totally exceptional and critical circumstances, where              statistics for products covered by the system referred to in
consignments of products are being imported from Ukraine into            Article 5 (2).
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3. The information referred to above shall, for all categories of         those referred to in paragraph 2 of this Article, shall be governed
products, be forwarded before the end of the month following the          by the following provisions:
month to which the statistics relate.
                                                                          — as far as possible consultations shall be held periodically.
4. Upon request by the Community, Ukraine shall supply import                 Specific additional consultations may also be held,
statistics for all products covered by Annex I.
                                                                          — any request for consultations shall be notified in writing to the
5. Should it be found on analysis of the information exchanged                other Contracting Party,
that there are significant discrepancies between the returns for
exports and those for imports, consultations may be initiated in          — where appropriate, the request for consultations shall be
accordance with the procedure specified in Article 15 of this                 followed within a reasonable period (and in any case not later
Agreement.                                                                    than 15 days following the notification) by a report setting out
                                                                              the circumstances which, in the opinion of the requesting
6. For the purpose of applying the provisions of Article 5, the               Party, justify the submission of such a request,
Community undertakes to provide the Ukrainian authorities
before 15 April of each year with the preceding year’s statistics on      — the Contracting Parties shall enter into consultations within
imports of all textile products covered by this Agreement, broken             one month of notification of the request at the latest, with
down by supplying country and Community Member State.                         a view to reaching agreement or a mutually acceptable
                                                                              conclusion within one further month at the latest,
                                                                          — the period of one month referred to above for the purpose of
                              Article 13                                      reaching agreement or a mutually acceptable conclusion may
                                                                              be extended by common accord.
1. Ukraine shall create favourable conditions for imports of
textile products originating in the Community listed in Annex I           2. The Community may request consultations in accordance with
and, where appropriate inter alia, accord to them                         paragraph 1 when it ascertains that during a particular year of
non-discriminatory treatment as regards the application of                application of the Agreement difficulties arise in the Community
quantitative restrictions, the granting of licences and the               or one of its regions due to a sharp and substantial increase, by
allocation of currency needed to pay for such imports. Ukraine            comparison to the preceding year, in imports of a given category
will also recommend to its importers to use the possibilities             of Group I subject to the quantitative limits set out in Annex II.
offered by the Community producers of textiles mentioned above
while according the highest possible degree of liberalization to          3. At the request of either of the Contracting Parties,
those imports taking into account the development of trade                consultations shall be held on any problems arising from the
between the Contracting Parties.                                          application of this Agreement. Any consultations held under this
                                                                          Article shall take place in a spirit of cooperation and with a desire
2. Where a need for additional supplies arises and in particular          to reconcile the differences between the Contracting Parties.
a need leading to the diversification on imports of textile products
in Ukraine, Ukraine shall accord non-discriminatory treatment to
imports of textile products originating in the Community.
                                                                                                        Article 16
                              Article 14                                  The Contracting Parties undertake to promote the exchange of
                                                                          visits by persons, groups and delegations from business, trade and
1. The Contracting Parties agree to examine the trend of trade in         industry, to facilitate contacts in the industrial, commercial and
textile products and garments each year, in the framework of the          technical fields connected with trade and cooperation in textile
consultations provided for in Article 15 and on the basis of the          industry and textile products and garments, and to assist in the
statistics referred to in Article 12.                                     organization of fairs and exhibitions of mutual interest.
2. If the Community finds that in the cases foreseen in Article 13
(2) of this Agreement it is placed in an unfavourable position as
compared with a third country, it may request consultations with
Ukraine in accordance with the procedure specified in Article 15                                        Article 17
with a view to taking appropriate action.
                                                                          1. Ukraine is prepared to cooperate fully and if necessary to take,
                                                                          within the framework of its trade policy and within the limits of
                                                                          its powers, measures to prevent the disruption of the trade for
                              Article 15                                  certain raw materials listed in Annex III.
1. Save where it is otherwise provided for in this Agreement, the         2. Taking into account its production and export possibilities,
consultation procedures referred to in this Agreement other than          Ukraine in administrating exports of the products referred to in
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paragraph 1, shall give whenever possible favourable treatment,         shall be applicable until 31 December 1994. Thereafter, the
on a non-discriminatory basis, to the abovementioned products,          application of all the provisions of this Agreement shall be
requested by the Community with a view to meeting its needs.            extended automatically for a period of one more year up to 31
                                                                        December 1995, unless either Party notifies the other at least six
3. Problems arising in this area may be subject to the                  months before 31 December 1994 that it does not agree with this
consultations provided for in Article 15.                               extension.
                                                                        2. This Agreement shall apply with effect from 1 January 1993.
                            Article 18                                  3. Either Contracting Party may at any time propose
                                                                        modifications to this Agreement or denounce it, provided that at
                                                                        least six months “notice is given. In that event, the Agreement shall
As regards intellectual property, at the request of either              come to an end on the expiry of the period of notice.”
Contracting Party, consultations shall be held in accordance with
the procedure laid down in Article 15 with a view to finding an
equitable solution to problems relating to the protection of marks,     4. The Contracting Parties agree to enter into consultations not
designs or models of articles of apparel and textile products.          later than six months before the expiration of the present
                                                                        Agreement with a view to possibly concluding a new Agreement.
                                                                        5. The Annexes, Protocols, Agreed Minutes and letters exchanged
                                                                        or attached to this Agreement, shall form an integral part thereof.
                            Article 19
This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Economic
Community is applied and under the conditions laid down in that                                       Article 21
Treaty and, on the other hand, to the territory of Ukraine.
                                                                        This Agreement shall be drawn up in two copies in the Danish,
                                                                        Dutch, English, French, German, Greek, Italian, Portuguese,
                                                                        Spanish und Ukrainian languages, each of these texts being equally
                                                                        authentic.
                            Article 20
1. This Agreement shall enter into force on the first day of the                For the Government                    For the Council
month following the date on which the Parties notify each other                      of Ukraine                             of the
of the completion of the procedures necessary for that purpose. It                                                 European Communities
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                                    ANNEX I
       (The contents of this Annex I are identical to those of pages 9 to 41)
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                                                               ANNEX II
                (The full products 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                         610                     631                   653
          2                          tonnes                       1 400                  1 449                 1 500
          of which 2 a)              tonnes                         350                     362                   375
          3                          tonnes                         350                     362                   375
          4                          1 000 pieces                   900                     941                   983
          5                          1 000 pieces                   970                  1 014                 1 059
          6                          1 000 pieces                   800                     836                   874
          7                          1 000 pieces                   250                     261                   273
          8                          1 000 pieces                   350                     366                   382
          9                          tonnes                         310                     324                   339
          12                         1 000 pairs                  2 500                  2 625                 2 756
          13                         1 000 pieces                 1 500                  1 545                 1 591
          15                         1 000 pieces                   120                     125                   131
          16                         1 000 pieces                     65                     68                     70
          20                         tonnes                         520                     538                   557
          21                         1 000 pieces                     90                     94                     98
          22                         tonnes                         200                     211                   223
          23                         tonnes                         295                     310                   325
          24                         1 000 pieces                   480                     504                   529
          26/27                      1 000 pieces                   240                     251                   262
          29                         1 000 pieces                     50                     52                     54
          33                         tonnes                         500                     523                   546
          36                         tonnes                         600                     633                   668
          37                         tonnes                         700                     735                   772
          39                         tonnes                         175                     184                   193
          50                         tonnes                           80                     84                     88
          67                         tonnes                         150                     158                   165
          73                         1 000 pieces                   350                     366                   382
          74                         1 000 pieces                   250                     260                   270
          83                         tonnes                         150                     155                   159
          90                         tonnes                         500                     525                   551
          115                        tonnes                         180                     189                   198
          117                        tonnes                         450                     473                   496
          118                        tonnes                         280                     294                   309
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                    ANNEX III
       Raw materials referred to in Article 17
                      Angora
                     Cashmere
                      Cotton
                Silk and silk waste
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                                                               PROTOCOL A
                                TITLE I                                   Agreement shall be accompanied by a certificate of Ukrainian
                                                                          origin conforming to the model annexed to this Protocol.
                          CLASSIFICATION
                                                                          2. The certificate of origin shall be certified by the competent
                                                                          Ukrainian organizations authorized under the Ukrainian
                               Article 1                                  legislation if the products in question can be considered products
                                                                          originating in that country within the meaning of the relevant
1. The competent authorities of the Community undertake to                rules in force in the Community.
inform Ukraine of any changes in the combined nomenclature
(CN) before the date of their entry into force in the Community.          3. However, the products in Group III, IV and V may be imported
                                                                          into the Community in accordance with the arrangements
2. The competent authorities of the Community undertake to                established by this Agreement on production of a declaration by
inform the competent authorities of Ukraine of any decisions              the exporter on the invoice or other commercial document
relating to the classification of products subject to the present         relating to the products to the effect that the products in question
Agreement, within one month of their adoption at the latest. Such         originate in Ukraine within the meaning of the relevant rules n
communication shall include:                                              force in the Community.
a) a description of the products concerned;                               4. The certificate of origin referred to in paragraph 1 shall not be
                                                                          required for import of goods covered by a certificate of origin
b) the relevant category and the related CN codes;                        Form A or Form APR completed in accordance with the relevant
                                                                          Community rules in order to qualify for generalized tariff
c) the reasons which have led to the decision.                            preferences.
3. Where a decision on classification results in a change of
classification practice or a change of category of any product
subject to the Agreement, the competent authorities of the
Community shall provide 30 days “notice, from the date of the
Community’s communication, before the decision is put into                                               Article 3
effect. Products shipped before the date of entry into effect of the
decision shall remain subject to the earlier classification practice,     The certificate of origin shall be issued only on application having
provided that the goods in the question are presented for                 been made in writing by the exporter or, under the exporter’s
importation into the Community within 60 days of that date.”              responsibility, by his authorized representative. The competent
                                                                          Ukrainian organizations authorized under Ukrainian legislation
4. Where a Community decision on classification resulting in              shall ensure that the certificate of origin is properly completed and
a change of classification practice or a change of categorization of      for this purpose they shall call for any necessary documentary
any product subject to the Agreement affects a category subject to        evidence or carry out any check which they consider appropriate.
quantitative limits, the Contracting Parties agree to enter into
consultation in accordance with the procedures described in
Article 15 of the Agreement with a view to honouring the
obligation under the second subparagraph of Article 11 (1) of the
Agreement.
                                                                                                         Article 4
5. In case of divergent opinions between Ukraine and the
competent Community authorities at the point of entry into the
                                                                          Where different criteria for determining origin are laid down for
Community on the classification of products covered by the
                                                                          products falling within the same category, the certificates or
present Agreement, classification shall provisionally be based on
                                                                          declarations of origin must contain a sufficiently detailed
indications provided by the Community, pending consultations in
                                                                          description of the goods so as to enable Ukrainian criterion to be
accordance with Article 15 with a view to reaching agreement on
                                                                          determined, on the basis of which the certificate was issued or the
definitive classification of the product concerned.
                                                                          declaration drawn up.
                               TITLE II
                               ORIGIN
                                                                                                         Article 5
                                                                          The discovery of slight discrepancies between the statements
                               Article 2                                  made in the certificate of origin and those made in the documents
                                                                          produced to the customs office for the purpose of carrying out the
1. Products originating in Ukraine for export to the Community            formalities for importing the products shall not ipso facto cast
in accordance with the arrangements established by this                   doubt upon the statements in the certificate.
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                              TITLE III                                   2. For the purpose of applying paragraph 1, shipment of the
                                                                          goods is considered to have taken place on the date of their
    DOUBLE-CHECKING SYSTEM FOR THE CATEGORIES OF                          loading onto the exporting aircraft, vehicule or vessel.
    PRODUCTS SUBJECT TO COMMUNITY QUANTITATIVE
                               LIMITS
                             Section I                                                                  Article 10
                           Exportation                                    The presentation of an export licence, in application of Article 12
                                                                          hereafter, shall be effected not later than 31 March of the year
                                                                          following that in which the goods covered by the licence have
                                                                          been shipped.
                              Article 6
1. The competent authorities of Ukraine shall issue an export
licence in respect of all consignments from Ukraine of textile
products referred to in Annex II, up to the relevant quantitative                                      Section II
limits as may be modified by Articles 3, 4 and 6 of this Agreement,
as well as of textile products subject to any definitive or
                                                                                                      Importation
provisional quantitative limits, established as a result of the
application of Article 5 of the Agreement.
                              Article 7                                                                 Article 11
1. The export licence shall conform to the model annexed to this          Importation into the Community of textile products subject to
Protocol and it shall be valid for exports throughout the customs         quantitative limits shall be subject to the presentation of an import
territory to which the Treaty establishing the European Economic          authorization.
Community applies. However, where the Community has made
recourse to the provisions of Articles 5 and 7 of the Agreement 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 regions)
of the Community indicated in those licences.
                                                                                                        Article 12
2. Each export licence must certify inter alia that the quantity of
the product in question has been set off against the quantitative         1. The competent authorities of the Community shall issue the
limit established for the category of the products concerned and          import authorization referred to in Article 11 above, within five
shall only cover one category of products subject to quantitative         working days of the presentation by the importer of the original
limits. It may be used for one or more consignments of the                of the corresponding export licence.
products in question.
                                                                          2. 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
                              Article 8                                   recourse to the provisions of Articles 5 and 7 of the Agreement in
                                                                          accordance with the provisions of the Agreed Minute No 1, or to
The competent authorities of the Community must be informed               the Agreed Minute No 2, the products covered by the import
immediately of the withdrawal or modification of any export               licences can only be put into free circulation in the regions) of the
licence already issued.                                                   Community indicated in those licences.
                                                                          3. The competent authorities of the Community shall cancel the
                                                                          import authorization already issued whenever the corresponding
                                                                          export licence has been withdrawn.
                              Article 9
                                                                          However, if the competent authorities of the Community are
1. Exports shall be set off against the quantitative limits               notified of the withdrawal or the cancellation of the export licence
established for the year in which the shipment of the goods has           only after the importation of the products into the Community,
been effected even if the export licence is issued after such             the relevant quantities shall be set off against the quantitative
shipment.                                                                 limits established for the category and the quota year concerned.
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                             Article 13                                   2. Each document shall bear a standardized serial number,
                                                                          whether or not printed, by which it can be identified.
1. If the competent authorities of the Community find that the            This number shall be composed of the following elements:
total quantities covered by export licences issued by the
competent authorities of Ukraine for a particular category in any
year exceed the quantitative limit established for that category          — two letters identifying the exporting country as follows: UA,
established in Annex II for that category as may be notified by
Articles 3,4 and 6 of the Agreement, or any quantitative limit
established in accordance with Article 5 of the Agreement, the said       — two letters identifying the intended Member State of customs
authorities may suspend the further issue of import                           clearance as follows:
authorizations. In this event, the competent authorities of the
Community shall immediately inform the authorities of Ukraine                 BL = Benelux,
and the special consultation procedure set out in Article 15 of the           DE = Federal Republic of Germany,
Agreement shall be initiated forthwith.
                                                                              DK = Denmark,
                                                                              EL = Greece,
2. Exports of products of Ukrainian origin subject to quantitative
limits or a double-checking system and not covered by Ukrainian               ES = Spain,
export licences issued in accordance with the provisions of this              FR = France,
Protocol may be refused an import authorization by the
competent Community authorities.                                              GB = United Kingdom,
                                                                              IE = Ireland,
However, without prejudice to Article 6 of the Agreement if the               IT = Italy,
import of such products is allowed into the Community by the
                                                                              PT = Portugal,
competent authorities of the Community, the quantities involved
shall not be set off against the appropriate quantitative limits
established in Annex II, or established by virtue of Article 5 of the     — a one-digit number identifying quota year, corresponding to
Agreement, without the express agreement of the competent                     the last figure in the respective year, e.g. 3 for 1993,
authorities of Ukraine.
                                                                          — a two-digit number from 01 to 99, identifying the particular
                                                                              issuing office concerned in the exporting country,
                                                                          — a five-digit number running consecutively from 00001 to
                                                                              99999 allocated to the intended Member State of customs
                              TITLE IV
                                                                              clearance.
  FORM AND PRODUCTION OF EXPORT CERTIFICATES AND
   CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS
         CONCERNING EXPORTS TO THE COMMUNITY
                                                                                                         Article 15
                                                                          The export licence and the certificate of origin may be issued after
                                                                          the shipment of the products to which they relate. In such cases
                                                                          they must bear the endorsement “délivré a posteriori” or the
                             Article 14                                   endorsement “issued retrospectively”.
1. The export licence and the certificate of origin may comprise
additional copies duly indicated as such. They shall be made out
in English or French. If they are completed by hand, entries must                                        Article 16
be in ink and in printed script.
                                                                          1. In the event of a theft, loss or destruction of an export licence
These documents shall measure 210 × 297 mm. The paper used                or a certificate of origin, the exporter may apply to the competent
shall be white writing paper, sized, not containing mechanical            Ukrainian authorities which issued the document for a duplicate
pulp, and weighing not less than 25 g/m2. If the documents have           to be made out on the basis of the export documents in his
several copies only the top copy, which is the original, shall be         possession. The duplicate of any such certificate or licence so
printed with the guilloche pattern background. This copy shall be         issued shall bear the endorsement “duplicata” or “duplicate”.
clearly marked as “original” and the other copies as “copies”. Only
the original shall be accepted by the competent authorities of the
Community as being valid for the purpose of export to the                 2. The duplicate shall bear the date of the original export licence
Community in accordance with the provision of the Agreement.              or certificate of origin.
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                                TITLE V                                     4. The results of the subsequent verifications carried out in
                                                                            accordance with paragraphs 1 and 2 above shall be
                 ADMINISTRATIVE COOPERATION                                 communicated to the competent authorities of the Community
                                                                            within three months at the latest. The information communicated
                                                                            shall indicate whether the disputed certificate, licence or
                                                                            declaration, applies to the goods actually exported and whether
                                                                            these goods are eligible for export under the arrangements
                                                                            established by the Agreement. The information shall also include,
                              Article 17
                                                                            at the request of the Community, copies of all the documentation
                                                                            necessary to fully determine the facts, and in particular the true
The Community and Ukraine shall cooperate closely in the                    origin of the goods.
implementation of the provisions of this Protocol. To this end,
contacts and exchanges or views, including on technical matters,
shall be facilitated by both Parties.                                       Should such verifications reveal systematic irregularities in the use
                                                                            of declarations of origin, the Community may subject imports of
                                                                            the products in question to the provisions of Article 2 (1) of this
                                                                            Protocol.
                              Article 18                                    5. For the purpose of subsequent verification of certificates of
                                                                            origin, copies of the certificates as well as any export documents
In order to ensure the correct application of this Protocol, the            referring to them shall be kept for at least two years by the
Community and Ukraine offer mutual assistance for the checking              competent Ukrainian authorities.
of the authenticity and the accuracy of export licences and
certificates of origin issued or of any declarations made within the
terms of this Protocol.                                                     6. Recourse to the random verification procedure specified in this
                                                                            Article must not constitute an obstacle to the release for home use
                                                                            of the products in question.
                              Article 19
Ukraine shall send the Commission of the European Communities
the names and addresses of the authorities to issue and verify the                                        Article 21
export licences and the certificates of origin, together with
specimens of the stamps used by these authorities and specimen
signatures of officials responsible for signing the export licences         1. Where the verification procedure referred to in Article 20 or
and the certificates of origin. Ukraine shall also notify the               where information available to the competent authorities of the
Commission of any change in this information.                               Community or of Ukraine indicates or appears to indicate that the
                                                                            provisions of this Agreement are being circumvented or infringed,
                                                                            the two Contracting Parties shall cooperate closely and with the
                                                                            appropriate urgency in order to prevent any such circumvention
                                                                            or infringement.
                              Article 20
                                                                            2. To this end, the competent authorities of Ukraine shall, on
                                                                            their own initiative or at the request of the Community, carry out
1. Subsequent verification of certificates of origin or export              appropriate inquiries, or arrange for such inquiries to be carried
licences shall be carried out at random, or whenever the                    out, concerning operations which are, or appear to the
competent Community authorities have reasonable doubt as to                 Community to be, in circumvention or infringement of this
the authenticity of the certificate or licence or as to the accuracy        Protocol. Ukraine shall communicate the results, of these inquiries
of the information regarding the true origin of the products in             to the Community, including any other pertinent information
question.                                                                   enabling the cause of the circumvention or infringement,
                                                                            including the true origin of the goods to be determined.
2. In such cases, the competent authorities in the Community
shall return the certificate of origin or the export licence or a copy
thereof to the competent Ukrainian authorities, giving, where               3. By agreement between the Community and Ukraine, officials
appropriate, the reasons of form or substance which justify an              designated by the Community may be present at the inquiries
enquiry. If the invoice has been submitted, such invoice or a copy          referred to in paragraph 2 above.
thereof shall be attached to the certificate or to the licence or their
copies. The authorities shall also forward any information that has
                                                                            4. Pursuant to the cooperation referred to in paragraph 1 above,
been obtained suggesting that the particulars given on the said
                                                                            the competent authorities of the Community and Ukraine shall
certificate or licence are inaccurate.
                                                                            exchange any information considered by either Contracting Party
                                                                            to be of use in preventing circumvention or infringement of the
3. The provisions of paragraph 1 above shall also apply to                  provisions of this Agreement. These exchanges may include
subsequent verifications of the declarations of origin provided for         information on the production of textile products in Ukraine and
in Article 2 of this Protocol.                                              on the trade in the type of products covered by this Agreement
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between Ukraine and third countries, particularly where the             5. Where sufficient evidence shows that the provisions of this
Community has reasonable grounds to consider that the products          Protocol have been circumvented or infringed, the competent
in question may be in transit across the territory of Ukraine prior     authorities of Ukraine and the Community may agree to take the
to their importation into the Community. This information may           measures set out in Article 6 (4) of the Agreement, and any other
include at the request of the Community copies of all available         measures as are necessary to prevent a recurrence of such
relevant documentation.                                                 circumvention or infringement.
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                                                  PROTOCOL B
                                             referred to in Article 9
                            Cottage industry and folklore products originating in Ukraine
    1. The exemption provided for in Article 9 in respect of cottage industry products shall apply to the
       following types of product only:
       a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made
           in the cottage industry of Ukraine;
       b) garments or other textile articles of a kind traditionally made in the cottage industry of Ukraine
           obtained manually from the fabrics referred to above and sewn exclusively by hand without the
           aid of any machine;
       c) traditional folklore products of Ukraine made by hand, in a list to be agreed between the
           Community and Ukraine.
       Exemption shall be granted in respect only of products covered by a certificate conforming to the
       specimen attached to this Protocol and issued by the competent authorities in Ukraine. These
       certificates must indicate the reasons justifying their issuance; the competent authorities of the
       Community will accept them after having checked that the products concerned have fulfilled the
       conditions established in this Protocol. The certificates concerning the products envisaged in c) above
       must bear a stamp “FOLKLORE” marked clearly. In the case of a difference of opinion between the
       Parties concerning the nature of these products, consultations shall be held within one month in order
       to resolve these differences.
       Should imports of any product covered by this Protocol reach proportions liable to cause problems
       within the Community, consultations with Ukraine shall be initiated as soon as possible, with a view
       to resolving the situation by the adoption if necessary of a quantitative limit, in accordance with the
       procedure laid down in Article 15 of this Agreement.
    2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products covered
       by paragraph 1 of this Protocol.
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                                                   PROTOCOL C
    Reimports into the Community, within the meaning of Article 3 (3) of this Agreement, of products listed
    in the Annex to this Protocol shall be subject to the provisions of this Agreement, unless the special
    provisions below provide otherwise:
    1. Subject to paragraph 2, only reimports into the Community of products affected by the specific
        quantitative limits laid down in the Annex to this Protocol shall be considered reimports within the
        meaning of Article 3 (3) of the Agreement.
    2. Reimports not covered by the Annex to this Protocol may be made subject to specific quantitative
        limits following consultations in accordance with the procedures set out in Article 15 of the
        Agreement, provided the products concerned are subject to quantitative limits pursuant to the
        Agreement, to a double-checking system or to surveillance measures.
    3. Having regard to the interests of both Parties, the Community may at its discretion, or in response
        to a request under Article 15 of the Agreement:
        a) examine the possibility of transferring from one category to another, using in advance or carrying
            over from one year to the next, portions of specific quantitative limits;
        b) consider the possibility of increasing specific quantitative limits.
    4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above
        within the following limits:
        a) transfers between categories may not exceed 20 % the quantity for the category to which the
            transfer is made;
        b) carry-over of a specific quantitative limit from one year to the next may not exceed 10,5 % of the
            quantity set for the year of actual utilization;
        c) advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the
            quantity set for the year of actual utilization.
    5. The Community shall inform Ukraine of any measures taken pursuant to the preceding paragraphs.
    6. The competent authorities in the Community shall debit the specific quantitative limits referred to
        in paragraph 1 at the time of issue of the prior authorization required by Council Regulation (EEC)
        No 636/82 which governs economic outward processing arrangements. A specific quantitative limit
        shall be debited for the year in which a prior authorization is issued.
    7. A certificate of origin made out by the organizations authorized to do so under Ukrainian law shall
        be issued, in accordance with Protocol A to the Agreement, for all products covered by this Protocol.
        This certificate shall bear a reference to the prior authorization mentioned in paragraph 6 above as
        evidence that the processing operation it describes has been carried out in Ukraine.
    8. The Community shall provide Ukraine with the names and addresses of, and specimens of the stamps
        used by, the competent authorities of the Community which issue the prior authorizations referred
        to in paragraph 6 above.
    9. Without prejudice to the provisions of paragraphs 1 to 8 above, Ukraine and the Community shall
        continue consultations with a view to seek a mutually acceptable solution enabling both Contracting
        Parties to benefit from the Agreement’s provisions on outward processing traffic and so ensure the
        effective development of trade in textile products between Ukraine and the Community.
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                                                           Annex to Protocol C
            (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                  1 600                 1 708                  1 823
          5                         1 000 pieces                  2 200                 2 349                  2 507
          6                         1 000 pieces                  2 800                 2 989                  3 191
          7                         1 000 pieces                  4 100                 4 377                  4 672
          8                         1 000 pieces                    800                   854                    912
          12                        1 000 pairs                   6 000                 6 450                  6 934
          13                        1 000 pieces                    800                   836                    874
          15                        1 000 pieces                  2 400                 2 562                  2 735
          16                        1 000 pieces                    500                   530                    562
          21                        1 000 pieces                  1 600                 1 708                  1 823
          24                        1 000 pieces                    700                   753                    809
          26/27                     1 000 pieces                  4 800                 5 124                  5 470
          29                        1 000 pieces                  1 100                 1 166                  1 236
          73                        1 000 pieces                    500                   534                    570
          74                        1 000 pieces                    500                   530                    562
          83                        tonnes                          250                   261                    273
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                                               Agreed Minute No 1
    In the context of the Agreement between the European Economic Community and Ukraine on trade in
    textile and clothing products, initialled on 5 May 1993, the Parties agreed that Article 5 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, Ukraine 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 Ukraine                                   of the European Communities
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                                                      Agreed Minute No 2
          Nothwithstanding Article 7 (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 7 (3), Ukraine 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 regions) concerned of products which were shipped from Ukraine on the basis of export licences
          obtained before the date of formal notification to Ukraine by the Community about the introduction of
          the above limits.
          The Community shall inform Ukraine 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 Ukraine                                 of the European Communities
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                                                 Note verbale
    The Direcotrate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Ministry of Foreign Affairs of Ukraine and has the honour to refer to the
    Agreement on textile products negotiated between Ukraine and the Community initialled on 5 May
    1993.
    The Directorate-General wishes to inform the Ministry, that the Community has decided to apply,
    starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute No 2 to the Agreement,
    initialled on 5 May 1993. 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 Ministry
    of Foreign Affairs of Ukraine the assurance of its highest consideration.
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                                                     Agreed Minute No 3
          In the context of the Agreement between the European Economic Community and Ukraine on trade in
          textile and clothing products, initialled on 5 May 1993, the Parties agreed that Ukraine 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 Ukraine further agreed to hold consultations, should the need arise, in order to avert
          any problems which might occur in this respect.
                           For the Government                                      For the Council
                                of Ukraine                                  of the European Communities
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                                               Agreed Minute No 4
    In the context of the Agreement between the European Economic Community and the Ukraine on trade
    in textile and clothing products, initialled on 5 May 1993, Ukraine agreed that, from the date of request
    for and pending the consultations referred to in Article 7 (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 Ukraine                                 of the European Communities
 ---pagebreak--- 11/20. kd    ET                                    Euroopa Liidu Teataja                                            269
                                                    Exchange of notes
          The Directorate-General for External Relations of the Commission of the European Communities
          presents its compliments to the Ministry of Foreign Affairs of Ukraine and has the honour to refer to the
          Agreement on textile products between Ukraine and the Community initialled on 5 May 1993.
          The Directorate-General wishes to inform the Ministry that whilst awaiting the completion of the
          necessary procedures for the conclusion and the coming into force of the 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 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 Ministry
          of Foreign Affairs of Ukraine the assurance of its highest consideration.
                                                    Exchange of notes
          The Ministry of Foreign Affairs of Ukraine 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 Community and Ukraine initialled at Brussels on 5 May
          1993.
          The Ministry of Foreign Affairs of Ukraine 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
          Agreement, the Government of Ukraine 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 Agreement provided that 120 days “notice is given.”
          The Ministry of Foreign Affairs of Ukraine avails itself of this opportunity to renew to the
          Directorate-General for External Relations of the Commission of the European Communities the
          assurance of its highest consideration.
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                                              Agreed Minute No 5
    In the context of the Agreement between the European Economic Community and Ukraine on trade in
    textile products initialled on 5 May 1993, the Parties agreed that, in conformity with Article 20 (2) of
    the Agreement, the quantities of products originating in Ukraine shipped during the year 1993 and
    falling within one of the categories of textile products subject to the quantitative limits referred to in
    Article 2 (1) of the Agreement shall be set off against the quantitative limits established for the year 1993
    for the category concerned.
                      For the Government                                        For the Council
                           of Ukraine                                   of the European Communities
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                                                  Agreed Minute No 6
          In the context of the Agreement between the European Economic Community and Ukraine on trade in
          textile products initialled on 5 May 1993, the Parties agreed that, in conformity with Article 20 (2) of
          the Agreement, products listed in Annex I to the Agreement originating in Ukraine but not subject to
          the quantitative limits referred to in Article 2 (1) of the Agreement may be subject either to the
          double-checking system specified in Protocol A to the Agreement or to a prior system of surveillance.
                          For the Government                                      For the Council
                                of Ukraine                                 of the European Communities