CELEX: 21992A1231(32)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Malesian välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

214                                              Euroopan yhteisöjen virallinen lehti                              li /Nide 30
292A1231(32 )
30.04.94                              EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                      N:o L 1 10/ 197
                                                            AGREEMENT
              in the form of an exchange of letters amending the Agreement between the European Economic
                                       Community and Malaysia on trade in textile products
                                                             Letter No 1
              Sir, •
              1.     I have the honour to refer to the consultations held on 1 and 2 December 1992 between
                     our respective delegations for the purpose of amending the Agreement on trade in textile
                     products between the European Economic Community and Malaysia 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, Annex II and the Annex to Protocol E ' which set out the products concerned by
                     the Agreement, the quantitative restrictions for exports and the OPT operations
                     respectively, from Malaysia to the European Economic Community, are replaced for the
                     period 1 January 1993 to 31 December 1994 by Appendix 1 , Appendix 2 and Appendix 3
                     to this letter, respectively .
              2.2 .  Article 8 ( 6 ) and Protocol C to the Agreement are deleted .
              2.3 .  Article 9 ( 2 ) is replaced by the following :
                     'The information referred to in paragraph 1 shall, for all categories of products, be
                     forwarded before the end of the month following the month to which the statistics
                     relate .'
              2.4 .  Article 12 ( 1 ) and ( 2 ) are replaced by the following:
                     ' 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Malaysian 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 . Malaysia shall monitor its exports of products under restraint or surveillance into the
                           Community. Should a sudden and prejudicial change in traditional trade flows arise,
                           the Community will be entitled to request consultations in order to find a satisfactory
                           solution to those problems. Such consultations must be held within 15 working days of
                           their being requested by the Community.
                       4 . Malaysia shall endeavour to ensure that exports of textile products subject to
                           quantitative limits into the Communtiy are spaced out as evenly as possible over the
                           year due account being taken in particular of seasonal factors .'
              2.5 .  Article 14 and all references to this Article in the Agreement are deleted .
              2.6 .  The following is added at the beginning of Article 16 ( 1 ):
                     ' 1 . Save where it is otherwise provided for in this Agreement, . . .'
              2.7.   The second sentence of Article 18 ( lfis replaced by the following:
                      'It shall be applicable until 31 December 1994. Thereafter, the application of all the
                     provisions of this Agreement shall be extended automatically for a period of one more year
                      up to 31 December 1995, unless either Party notifies the other at least six months before
                      31 December 1994 that it does not agree with this extension. However, if the Agreement
                      on trade in textiles and clothing products resulting from the Uruguay Round GATT trade
 ---pagebreak--- 11 /Nide 30                                    Euroopan yhteisöjen virallinen lehti                               215
                   negotiations is concluded and enters into force at an earlier date, this Agreement shall be
                   automatically terminated as of the date agreed for the implementation of the results of the
                   Uruguay Round GATT trade negotiations .'
            2.8 .  The first sentence of Article 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 8 in accordance' with the provisions of Agreed
                         •Minute No 1 , or to Agreed Minute No 2, the textile products covered by the export
                          licences can only be put into free circulation in the region(s ) of the Community
                          indicated in those licences .'
            2.9 .  The second indent of Article 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 8 in accordance with the provisions of Agreed Minute No 1 , or to
                   Agreed Minute No 2, the products covered by the import licences can only be put into free
                   circulation in the region(s ) of the Community indicated in those licences .'
            2.10. The second and fifth indents of Article 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 . Paragraph 3 ( b ) of Protocol E to the Agreement is deleted .
            2.12. Agreed Minute No 1 set out in Appendix 4 to this letter shall form an integral part of the
                   Agreement.
            2.13 . Agreed Minute No 2 set out in Appendix 5 to this letter shall form an integral part of the
                   Agreement.
            2.14. Agreed Minute No 3 set out in Appendix 6 to this letter shall form an integral part of the
                   Agreement.
            2.15 . Agreed Minute No 4 set out in Appendix 7 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--- 216                                      Euroopan yhteisöjen virallinen lehti                                   11 /Nide 30
                                                     Appendix 1
    {The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                      16 to 42)
                                                     Appendix 2
                                                     ANNEX II
    (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                     Agreement)
                                     COMMUNITY QUANTTTATIVE LIMITS
           Category                       Unit                  1993             1994              1995
    2                     tonnes                                5 094            5 247             5 404
    of which 2 ( a )       tonnes                               2 050            2 112             2 175
    3                      tonnes                             10 734            11 056            11388
    of which 3 ( a )       tonnes                               4 330            4 460             4 594
    4                      1  000 pieces                        8 740            9 177             9 636
    5                      1  000 pieces '                      4 270            4 484             4 708
    6                      1  000 pieces                        5 715            6 001             6 301
    7                      1  000 pieces                      27 200            28 016            28 8 56
    8                      1  000 pieces                        5 550            5 717             5 888
    22                     tonnes                               7 136            7 564             8 018
                                                     Appendix 3
                                              ANNEX TO PROTOCOL E
    (The product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                     Agreement)
                                                   OPT QUOTAS
                                                     Year: 1992
                                      COMMUNITY QUANTITATIVE LIMITS
           Category                        Unit                 1993             1994              1995
    4                      1  000 pieces                         155              166               179
                           1  000 pieces                         155              166               179
    5
                           1  000 pieces                         155              166               179
    6
                            1 000 pieces                         155              166               179
    7
                            1 000 pieces                         131              137               143
    8
 ---pagebreak--- 1 l /Nide 30                                   Euroopan yhteisöjen virallinen lehti                            217
                                                          Appendix 4
                                                    Agreed Minute No 1
              In the context of the Agreement between the European Economic Community and Malaysia on
              trade in textile and clothing products, initialled on 3 December 1992, the Parties agreed that
             Article 8 of the Agreement does not preclude the Community, if the conditions are fulfilled, from
             applying the safeguard measures for one or more of its regions in conformity with the principles
             of the internal market.
             In such an event, Malaysia 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 Malaysia,                            of the European Communities
                                                         Appendix 5
                                                    Agreed Minute No 2
             Notwithstanding Article 12 ( 1 ) of this Agreement, for imperative technical or administrative
             reasons or to find a solution to economic problems resulting from regional concentration of
             imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
             Community will establish for a limited period of time a specific management system in conformity
             with the principles of the internal market.
             However, if the Parties are unable to reach a satisfactory solution during the consultations
             provided for in Article 12 ( 3 ), the Community may also introduce temporary limits for one or
             more of its regions . In such a case, these limits shall not preclude the importation into the
             region(s ) concerned of products which were shipped from Malaysia on the basis of export licences
             obtained before the date of formal notification to Malaysia by the Community about the
             introduction of the above limits .
             The Community shall inform Malaysia 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 Malaysia                             of the European Communities
 ---pagebreak--- 218                                 Euroopan yhteisöjen virallinen lehti                             11 /Nide 30
                                                Note verbale
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of Malaysia tG the European Communities and has the
    honour to refer to the Agreement on textile products negotiated between Malaysia and the
    Community applied since 1 January 1987, as extended by the exchange of letters initialled on 8
    November 1991 and as further extended by the exchange of letters of 3 December 1992.
    The Directorate-General wishes to inform the Mission of Malaysia 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 3 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 Malaysia to the European Communities the assurance of its highest consideration.
                                                 Appendix 6
                                            Agreed Minute No 3
    In the context of the Agreement between the European Economic Community and Malaysia on
    trade in textile and clothing products, initialled in Brussels on 3 December 1992, the Parties
    agreed that Malaysia 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 Malaysia 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 Malaysia                             of the European Communities
 ---pagebreak--- Il /Nide 30                                   Euroopan yhteisöjen virallinen lehti                                219
                                                           Appendix 7
                                                   Agreed Minute No 4
            In the context of the Agreement between the European Economic Community and Malaysia on
            trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
            of letters initialled on 8 November 1991 and further extended by the exchange of letters initialled
            on 3 December 1992, Malaysia agreed that, from the date of request for and pending the
            consultations referred to in Article 12 ( 3 ), it shall cooperate by not issuing export licences that
            would further aggravate the problems resulting from the regional concentration of direct imports
            into the Community.
                             For the Government                                 For the Council
                                  of Malaysia                            of the European Communities
                                                     Exchange of notes
            The Directorate-General for External Relations of the Commission of the European Communities
            presents its compliments to the Mission of Malaysia to the European Communities and has the
            honour to refer to the Agreement on textile products between Malaysia and the Community
            applied since 1 January 1987, as extended by the exchange of letters initialled on 8 November
            1991 and as further extended by the exchange of letters initialled on 3 December 1992.
            The Directorate-General wishes to inform the Mission of Malaysia 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 Malaysia to the European Communities the assurance of its highest consideration.
 ---pagebreak--- 220                                      Euroopan yhteisöjen virallinen lehti                               11 /Nide 30
                                                    Letter No 2
    Sir,
    I have the honour to acknowledge receipt of your letter of 3 December 1992, which reads as
    follows :
         'Sir,
         1.    I have the honour to refer to the consultations held on 1 and 2 December 1992 between
               our respective delegations for the purpose of amending the Agreement on trade in
               textile products between the European Economic Community and Malaysia, 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, Annex II and the Annex to Protocol E which set out the products concerned
               by the Agreement, the quantitative restrictions for exports and the OPT operations,
               respectively from Malaysia to the European Economic Community, are replaced for the
               period 1 January 1993 to 31 December 1994 by Appendix 1 , Appendix 2 and
               Appendix 3 of this letter, respectively.
         2.2 . Article 8 ( 6 ) and Protocol C to the Agreement are deleted .
        2.3 .  Article 9 (2 ) is replaced by the following:
               " The information referred to in paragraph 1 shall, for all categories of products, be
               forwarded before the end of the month following the month to which the statistics
               relate ."
         2.4 . Article 12 ( 1 ) and ( 2 ) are replaced by the following:
               " 1 . The quantitative limits established under this Agreement on imports into the
                     Community of textile products of Malaysian 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 . Malaysia shall monitor its exports of products under restraint or surveillance into
                     the Community. Should a sudden and prejudicial change in traditional trade flows
                     arise, the Community will be entitled to request consultations in order to find a
                     satisfactory solution to those problems . Such consultations must be held within 15
                     working days of their being requested by the Community.
                 4. Malaysia shall endeavour to ensure that exports of textile products subject to
                     quantitative limits into the Community are spaced out as evenly as possible over
                     the year due account being taken in particular of seasonal factors."
         2.5 . Article 14 and all references to this Article in the Agreement are deleted.
         2.6.  The following is added at the beginning of:
               " 1 . Save where it is otherwise provided for in this Agreement, ..."
         2.7.  The second sentence of Article 18 ( 1 ) is replaced by the following:
               "It shall be applicable until 31 December 1994 . Thereafter, the application of all the
               provisions of this Agreement shall be extended automatically for a period of one more
               year up to 31 December 1995, unless either Party notifies the other at least six months
               before 31 December 1994 that it does not agree with this extension. However, if the
               Agreement on trade in textiles and clothing products resulting from the Uruguay Round
               GATT trade negotiations is concluded and enters into force at an earlier date, this
               Agreement shall be automatically terminated as of the date agreed for the
               implementation of the results of the Uruguay Round GATT trade negotiations."
 ---pagebreak--- Il /Nide 30                                     Euroopan yhteisöjen virallinen lehti                              221
                2.8 .  The first sentence of Article 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 8 in accordance with
                             the provisions of Agreed Minute No 1 , or to Agreed Minute No 2, the textile
                             products covered by the export licences can only be put into free circulation in the
                             region(s ) of the Community indicated in those licences ."
                2.9 .  The second indent of Article 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 8 in accordance with the provisions of Agreed Minute No 1 , or to
                       Agreed Minute No 2, the products covered by the import licences can only be put into
                       free circulation in the region(s ) of the Community indicated in those licences."
                2.10. The second and fifth indents of Article 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 . Paragraph 3 ( b ) of Protocol E to the Agreement is deleted .
                2.12 . Agreed Minute No 1 set out in Appendix 4 to this letter shall form an integral part of
                       the Agreement.
                2.13 . Agreed Minute No 2 set out in Appendix 5 to this letter shall form an integral part of
                       the Agreement.
                2.14 . Agreed Minute No 3 set out in Appendix 6 to this letter shall form an integral part of
                       the Agreement.
                2.15. Agreed Minute No 4 set out in Appendix 7 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 Malaysia
 ---pagebreak--- 222                                   Euroopan yhteisöjen virallinen lehti                                      11 /Nide 30
                                                     Appendix 1
    (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                      16 to 42
                                                     Appendix 2
                                                     ANNEX II
    (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                     Agreement)
                                     COMMUNITY QUANTITATTVE LIMITS
           Category                      Unit                   1993             1994              1 995
    2                      tonnes                               5 094            5 247             5 404
    of which 2 ( a )       tonnes                               2 050            2 112             2 175
    3                      tonnes                              10 734           11 056            11 388
    of which 3 ( a )       tonnes                               4 330            4 460             4 594
    4                      1 000 pieces                         8 740            9 177             9 636
    5                      1 000 pieces                         4 270            4 484             4 708
    6                      1 000 pieces                         5 715            6 001             6301
    7                    . 1 000 pieces                        27 200           28 016           28 856
    8                      1 000 pieces                         5 550            5 717             5 888
    22                     tonnes                               7 136            7 564             8 018
                                                     Appendix 3
                                            ANNEX TO PROTOCOL E
    (The product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                     Agreement)
                                                   OPT QUOTAS
                                                     Year: 1992
                                     COMMUNITY QUANTITATIVE LIMITS
           Category                      Unit                   1993             1994              1995
    4                      1 000  pieces                         155              166               179
    5  , .                 1 000  pieces                         155              1 66              179
    6                      1 000  pieces                         155              166               179
    7                      1 000  pieces                         155              166               179
    8                      1 000  pieces                         131              137               143
 ---pagebreak--- Il /Nide 30                                    Euroopan yhteisöjen virallinen lehti                            223
                                                          Appendix 4
                                                     Agreed Minute No 1
            In the context of the Agreement between the European Economic Community and Malaysia on
            trade in textile and clothing products, initialled on 3 December 1992, the Parties agreed that
            Article 8 of the Agreement does not preclude the Community, if the conditions are fulfilled , from
            applying the safeguard measures for one or more of its regions in conformity with the principles
            of the internal market.
            In such an event, Malaysia 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 Malaysia                               of the European Communities
                                                          Appendix 5
                                                     Agreed Minute No 2
            Notwithstanding Article 12 ( 1 ) ol this Agreement, for imperative technical or administrative
            reasons or to find a solution to economic problems resulting from regional concentration of
            imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
            Community will establish for a limited period of time a specific management system in conformity
            with the principles of the internal market.
            However, if the Parties are unable to reach a satisfactory solution during the consultations
            provided   for in Article 12 ( 3 ), the Community may also introduce temporary limits for one or
            more of    its regions . In such a case, these limits shall not preclude the importation into the
            region(s ) concerned of products which were shipped from Malaysia on the basis of export licences
            obtained    before the date of formal notification to Malaysia by the Community about the
            introduction of the above limits .
            The Community shall inform Malaysia of the technical and administrative measures such as
            defined in the attached note verbal that need to be introduced by both Parties in order to
            implement the above paragraphs in conformity with the principles of the internal market.
                            For the Government                                    For the Council
                                 of Malaysia                              of the European Communities
 ---pagebreak--- 224                                 Euroopan yhteisöjen virallinen lehti                             li /Nide 30
                                                Note verbale
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of Malaysia to the European Communities and has the
    honour to refer to the Agreement on textile products negotiated between Malaysia and the
    Community applied since 1 January 1987, as extended by the exchange of letters initialled on
    8 November 1991 and as further extended by the exchange of letters of 3 December 1992 .
    The Directorate-General wishes to inform the Mission of Malaysia 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 3 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 Republic of Malaysia to the European Communities the assurance of its highest
    consideration .
                                                 Appendix 6
                                            Agreed Minute No 3
    In the context of the Agreement between the European Economic Community and Malaysia on
    trade in textile and clothing products , initialled in Brussels on 3 December 1992, the Parties
    agreed that Malaysia 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 Malaysia 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 Conncil
                        of Malaysia                             of the European Communities
 ---pagebreak--- 11 / Nide 30                                   Euroopan yhteisöjen virallinen lehti                               225
                                                           Appendix 7
                                                     Agreed Minute No 4
             In the context of the Agreement between the European Economic Community and Malaysia on
             trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
             of letters initialled on 8 November 1991 and further extended by the exchange of letters initialled
             on 3 December 1992 , Malaysia agreed that, from the date of request for and pending the
             consultations referred to in Article 12 (3 ), it shall cooperate by not issuing export licences that
             would further aggravate the problems resulting from the regional concentration of direct imports
             into the Community.
                              For the Government                                 For the Council
                                   of Malaysia                           of the European Communities
                                                      Exchange of notes
             The Mission of Malaysia 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 3 December 1992 regarding the
             Agreement on textile products between Malaysia and the Community applied since 1 January
             1987, as extended by the exchange of letters initialled on 8 November 1991 and as further
             extended by the exchange of letters initialled on 3 December 1992 .
             The Mission of Malaysia 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 Malaysia is prepared to allow the provisions of the
             extended Agreement to apply de facto from 1 January 1993 . This is on the understanding that
             either Party may at any time terminate this de facto application of the extended Agreement
             provided that 120 days' notice is given.
             The Mission of Malaysia to the European Communities avails itself of this opportunity to renew
             to the Directorate-General for External Relations the assurance of its highest consideration.