CELEX: 31971D0117
Language: en
Date: 1971-02-15 00:00:00
Title: Council Decision of 15 February 1971 on the conclusion of an Agreement between the European Economic Community and the Republic of Korea on trade in cotton textiles

326                                  Official Journal of the European Communities
No L 55/ 12                          Official Journal of the European Communities                            8.3.71
                                                 COUNCIL DECISION
                                                   of 15 February 1971
            on the conclusion of an Agreement between the European Economic Community and the
                                      Republic of Korea on trade in cotton textiles.
                                                      ( 71/ 1 17/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in parti­
            cular Article 1 13 thereof;
            Having regard to the Recommendation of the Commission;
            Whereas by a Decision of 6 February 1970 the Council authorized the Commission to con­
            duct bilateral negotiations with certain third countries on behalf of the European Economic
            Community in connection with the renewal of the Long-Term Arrangement regarding trade
            in cotton textiles ;
            Whereas a draft Agreement between the European Economic Community and the Republic
            of Korea has been drawn up which is acceptable to the Community,
            HAS DECIDED AS FOLLOWS :
                                                          Article 1
            An Agreement with the Republic of Korea on trade in cotton textiles, together with the Ex­
            changes of Letters relating thereto, is concluded on behalf of the European Economic
            Community.
            The texts of the Agreement and of the Exchanges of Letters are annexed to this Decision.
                                                          Article 2
            The President of the Council is hereby authorized to designate the person empowered to sign
            the texts referred to in Article 1 and to confer on him the powers required in order to bind the
            Community.                                                      1    '
            Done at Brussels, 15 February 1971 .                                                           '
                                                                                            For the Council
                                                                                             The President
                                                                                             M. COINTAT
 ---pagebreak---                                             Official Journal of the European Communities                                           327
                                                             AGREEMENT
                    between the European Economic Community and the Republic of Korea on trade in cotton textiles
                THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                 of the one part, and
                THE GOVERNMENT OF THE REPUBLIC OF KOREA,
                of the other part,
                AWARE of the importance of world trade in cotton textiles and the need to develop it in an orderly
                manner in accordance with the provisions of the Long-Term Arrangement regarding trade in cotton tex­
                tiles (hereinafter called the 'Geneva Arrangement') and in particular Article 4 thereof;
                HAVE DECIDED, in a spirit of mutual cooperation, to conclude this Agreement and, to this end, have
                designated as their Plenipotentiaries :
                THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE GOVERNMENT OF THE REPUBLIC OF KOREA :
                WHO HAVE AGREED AS FOLLOWS :
                            Article 1                                    (b) Ceilings by groups ofcategories
This Agreement shall apply to the cotton textiles origin­                      The total annual quantity shall be divided between
ating in and coming from the Republic of Korea and list­                       the two groups of categories of products as follows :
ed in the Annex to the Agreement.
                                                                             Group I                                     Metric tons
                            Article 2                                        Woven fabrics of cotton, unbleached
For the duration of the Agreement and by virtue of the                       or bleached, whether or not mercerized
provisions contained therein or annexed thereto, the                         - intended for the internal market              1 500
European Economic Community (hereinafter called the
'Community') undertakes not to introduce new quantita­                       - intended for re-exportation                  4 000
tive restrictions and to suspend the application of those                                                                   5 500
at present in force and agrees not to invoke the provi­
                                                                            Group II
sions of Article 3 of the Geneva Arrangement so long as
imports into the Community of cotton textiles originat­                     Other woven fabrics of cotton, made­
ing in and coming from the Republic of Korea do not                          up articles and miscellaneous           . , .
exceed the agreed quantities.                                                articles of cotton                             1 350
                                                                        (c) Specific ceilings
The Government of the Republic of Korea undertakes to
take appropriate measures to ensure that the agreed ceil­                     Within the . ceilings by groups of categories es­
ings are observed and to cooperate with the Community                         tablished under (b), specific ceilings may be agreed
in implementing the measures recognized as necessary to                       on the basis of the list of products annexed to this
that end.                                                                     Agreement, in order to avoid excessive concentration
                                                                              of trade in certain products.
                            Article 3
                                                                         If, in one of the yearly periods, the Community finds that
(a) Overall ceiling                                                      deliveries of a particular subcategory of product for
    The agreed total annual quantity for the duration of                which no specific ceiling has been fixed have rapidly and
    the Agreement shall be 6 850 metric tons.                            substantially increased, it may request that a specific
 ---pagebreak--- 328                                     Official Journal of the European Communities
ceiling be fixed. Where such a request is made consulta­                                     Article 6
tions shall be initiated between the two Parties without
                                                                    The two Parties hereby agree to exchange all informa­
delay in order to agree the specific ceiling for the product        tion on exports of cotton textiles from the Republic of
 in question.                                                       Korea to the Community and on the corresponding im­
                                                                    ports into the Community. Each Party shall, for the pur­
                                                                    poses of the Agreement, apply the classification at its
                          Article 4
                                                                    disposal and shall cooperate with the other Party in fa­
 1 . Up to 10% of the quantity fixed for Group II may be.           cilitating comparison of the information supplied.
transferred to Group I.
An unused quantity within a specific ceiling may be                                         Article 7
transferred to another specific ceiling, up to 10% of the
                                                                   If the Community should inform the Government of the
specific ceiling to which the transfer is made.
                                                                   Republic of Korea that the application of the Agreement
                                                                   has given rise to difficulties affecting the maintenance of
An unused quantity within the specific ceiling for a sub­
                                                                   trade relations between importers in the Community and
category may be transferred within the category to an­
                                                                   their suppliers in the Republic of Korea, the two Parties
other subcategory not subject to a specific ceiling.               shall consult each other to determine what measures are
                                                                   necessary to ensure that these trade relations are main­
2. A quantity within the ceiling for one of the two groups         tained.
of categories which has not been used during a yearly
period may, within a limit of 10% of the ceiling in ques­
                                                                                            Articles
tion, be carried forward and added to the ceiling for the
same group for the following yearly period provided that           The two Parties undertake to consult each other, at the
the unused quantity has not been transferred or carried            request of either, on all problems arising out of the im­
forward to another head.                                           plementation of the Agreement.
3 . Within a limit of 10% of each of the agreed ceilings,
advance deliveries shall, if the Government of the Re­                                      Articled
public of Korea so requests in writing in good time, be            This Agreement is concluded for a period of three years
authorised against the ceilings established for the follow­        from 1 January 1971 .
ing yearly period : the Government of the Republic of
Korea shall, however, endeavour to ensure that exports
                                                                   Either Party may propose the revision of the Agreement
of cotton textiles of all categories are phased as evenly as
                                                                   or may denounce it by giving notice at least 120 days
possible over each yearly period, due acount being taken,
                                                                   before the expiry of any yearly period. In that event it
in particular, of seasonal factors. Amounts delivered in
                                                                   shall expire at the end of that period.
advance shall be deducted from the ceilings for the fol­
lowing yearly period.
                                                                   The Annex to this Agreement shall form an integral part
                                                                   thereof.
                          Article 5                                                         Article 10
The two Parties hereby agree that the ceilmgs shown in             This Agreement is drawn up in two copies in the Dutch,
the Agreement shall be administered under dual super­              French, German, Italian and Korean languages, each of
vision.                                                            these texts being equally authentic.
 ---pagebreak---                        Official Journal of the European Communities                                 329
                                             ANNEX
LIST OF COTTON TEXTILE PRODUCTS REFERRED TO IN ARTICLE 1 OF THE AGREEMENT
 Group of                  Sub­
            Categories                                      Description of products
 categories             categories
GROUP I                             WOVEN FABRICS OF COTTON, UNBLEACHED OR
                                    BLEACHED, WHETHER OR NOT MERCERIZED
                 B                  WOVEN FABRICS OF COTTON, UNBLEACHED
                          B 1       Terry towelling and similar terry fabrics
                          B 2       Woven fabrics other than gauze or terry towelling and similar
                                    terry fabrics, containing less than 85% by weight of cotton
                          B 3       Woven fabrics other than gauze or terry towelling and similar
                                   terry fabrics, containing 85% or more by weight of cotton, plain
                                   weave, weighing more than 70 g but not more than 130 g per
                                   square metre, of a width of more than 1 1 5 cm but not more than
                                    165 cm, made only with a yarn numbered less than 55.000 m/kg
                                   (English number 32)
                          B 4      Woven fabrics other than gauze or terry towelling and similar
                                   terry fabrics, containing 85% or more by weight of cotton, plain
                                   weave, weighing not more than 1 30 g/m2, other than those under
                                   B 3
                          B 5      Woven fabrics other than gauze or terry towelling and similar
                                   terry fabrics, containing 85% or more by weight of cotton, plain
                                   weave, of a cotton weight of more than 130 g but not more than
                                   200 g/m2 a width of at least 85 cm but not more than 1 1 5 cm
                                   Woven fabrics other than gauze or terry towelling and similar
                     -
                          B 6
                                   terry fabrics, containing 85% or more by weight of cotton, plain
                                   weave, weighing more than 1 30 g but not more than 200 g/m2 of
                                   a width of more than 1 15 cm.
                          B 7      Woven fabrics other than gauze or terry towelling and similar
                                   terry fabrics, containing 85% or more by weight of cotton, of a
                                   width of at least 85 cm, other than plain weave
                          B g      Other woven fabrics
                          C 1      WOVEN        FABRICS      OF COTTON OTHER THAN               UN­
                                   BLEACHED
                          C 1      Bleached, whether or not mercerized
GROUP II                           OTHER WOVEN FABRICS OF COTTON, MADE-UP
                                   ARTICLES         AND     MISCELLANEOUS           ARTICLES     OF
                                   COTTON
                          C 2      Gauze other than unbleached or bleached
                          C 3      Terry towelling and similar terry fabrics, other than unbleached
                                   or bleached
 ---pagebreak--- 330                       Official Journal of the European Communities
    Group of                  Sub­
                                                                Description of products
               Categories
    categories             categories
                             C 4       Woven pile fabrics and chenille fabrics (other than terry towelling
                                       or similar terry fabrics of cotton falling within heading No 55.08
                                       and fabrics falling within heading No 58.05)
                             c 5       Woven fabrics other than gauze or terry towelling and similar
                                      •terry fabrics, dyed
                             c 6       Woven fabrics other than gauze or terry towelling and similar
                                      fabrics, printed
                             c 7      Woven fabrics other than gauze or terry towelling and similar
                                      terry fabrics, made with yarns of various colours
                    D                 MADE-UP HOUSEHOLD ARTIGLES OF COTTON
                             D 1      Bed linen
                             D 2      Table linen
                             D 3      Terry toilet linen and terry kitchen linen
                             D 4      Other household articles
                     E                 ARTICLES OF APPAREL OF COTTON
                             E 1       Gloves, mittens and mitts, knitted or crocheted, not elastic or
                                       rubberized
                             E 2      Undergarments, knitted or crocheted, not elastic or rubberized
                             E 3      Outer garments and other articles, knitted or crocheted, not
                                      elastic or rubberized . Articles other than knitted òr crocheted
                                      fabrics, elastic or rubberized
                             E 4      Men's and boys' trousers and breeches of woven fabric
                             E 5      Men's and boys' other outer garments of woven fabric
                             E 6      Women's, girls' and infants' outer garments of woven fabric
                             E 7      Men's and boys' shirts of woven fabric
                             E 8      Men's and boys' other undergarments of wove:n fabric
                             E 9      Women's, girls' and infants' undergarments of woven fabric
                             E 10     Handkerchiefs
                             E 11     Other articles of apparel and clothing accessories
 ---pagebreak---                         Official Journal of the European Communities                331
Group of   Categories
                            Sub­
categories               categories                         Description of products
                                     MISCELLANEOUS FABRICS AND MADE-UP ARTICLES
                                     OF COTTON
                 F          F 1      Travelling rugs and blankets
                            F 2      Floorcloths, dishcloths, dusters and the like
                            F 3      Pneumatic mattresses
                            F 4      Other
                                             ANNEX II
                            Letter No 1 — Dual supervision
                            Letter No 2 — Re-exportation
                            Letter No 3 — Transit and freedom of trade
                      %
 ---pagebreak--- 332                             Official Journal of the European Communities
                                                     Letter No 1
                                                                                   Brussels,
     Your Excellency,
    At the conclusion of the negotiations between the Government of the Republic of Korea and the Com­
    munity which led to the signature of the Agreement on                       the two Parties have agreed as
    follows :
          Imports of cotton textiles from the Republic of Korea will be administered on the basis of a system
          of dual supervision.
          The authorities of the Member States of the Community will, automatically and without delay,
          accept imports of cotton textile products on submission of the importer's application accompanied
          by the original of the export authorization. These export authorizations will be issued by the
          authorities of the Republic of Korea up to the total amount of the agreed ceilings.
          The expat authorization issued by the authorities of the Republic of Korea shall apply to the pro­
          ducts referred to in Article 1 of the Agreement.
          The export authorization must contain the following information :
          1 . the destination,
          2. the serial numb«',
          3. the importer's name and address,
          4. the exporter's name and address,
          5. the net weight (m kilogrammes or metric tons) and value,
         6. the category and classification of product,
          7. The certificate issued by the authorities of the Republic of Korea showing that the quantity has
         been charged against the agreed ceiling for exports to the Community.
         The authorities of the Member States of the Community will not raise difficulties in the event of a
         discrepancy between the weight indicated in the export authorization and the shipment or import
         weight, provided that it is within reasonable limits, while the authorities of the Republic of Korea
         will for their part endeavour to keep any discrepancies to a minimum.
         In the event of total or partial withdrawal of an export authorization, the authorities of the Re­
         public of Korea will notify the authorities of the Member States of the Community thereof. The
         authorities of the Member States of the Community will take appropriate measures under the ad­
         ministrative provisions in force.
         The authorities of the Republic of Korea will forward to the authorities of the Member States of the
         Community, via the Embassies of the Member States of the Community, and direct to the Com­
         mission, quarterly returns showing the total net weight in metric tons covered by the export author­
         izations issued against the ceilings for exports to the Member States of the Community for each
         category specified in the Agreement. The categories falling within Group I will be taken as a whole.
         I shall be obliged if you will confirm that your Government is in agreement with the contents of
         this letter.
    Please accept, Your Excellency, the assurance of my highest consideration.
                                                                            On behalfofthe Council
                                                                         ofthe European Communities
    To His Excellency
    Mr
    Head of the Delegation
    of the Republic of Korea
 ---pagebreak---                             Official Journal of the European Communities                                    333
                                                Letter Nol
                                                                                 Brussels
Sir,
You were good enough to make the following communication to me in your letter of today s date:
     'At the conclusion of the negotiations between the Governments of the Republic of Korea and the
     Community which led to the signature of the Agreement on                        , the two Parties have
     agreed as follows :
     Imports of cotton textiles from the Republic of Korea will be administered on the basis of a system
     of dual supervision.
     The authorities of the Member States of the Community will, automatically and without delay,
     accept imports of cotton textile products on submission of the importer's application accompanied
     by the original of the export authorization. These export authorizations will be issued by die au­
     thorities of the Republic of Korea up to the total amount of the agreed ceilings.
     The export authorization issued by the authorities of the Republic of Korea shall apply to the pro­
     ducts referred to in Article 1 of the Agreement.
     The export authorization must contain the following information :
      1 . the destination,
     2. the serial number,
     3. the importer's name and address,
     4. the exporter's name and address,
     5. the net weight (in kilogrammes or metric tons) and value,
     6. the category and classification of product,
     7. The certificate issued by the authorities of the Republic of Korea showing that the quantity has
     been charged against the agreed ceiling for exports to the Community.
     The authorities of the Member States of the Community will not raise difficulties in the event of a
     discrepancy between the weight indicated in the export authorization and the shipment or import
     weight, provided that it is within reasonable limits, while the authorities of the Republic of Korea
     will for their part endeavour to keep any discrepancies to a minimum.
     In the event of total or partial withdrawal of an export authorization, the authorities of the; Re­
     public of Korea will notify the authorities of the Member States of the Community thereof. The
     authorities of the Member States of the Community will take appropriate measures under the ad­
     ministrative provisions in force.
     The authorities of the Republic of Korea will forward to the authorities of the Member States of the
     Community, via the Embassies of the Member States of the Community, and direct to the Com­
     mission, quarterly returns showing the total net weight in metric tons covered by the export author­
     izations issued against the ceilings for exports to the Member States of the Community for each
     category specified in the Agreement. The categories falling within Group I will be taken as a whole.
     I shall be obliged if you will confirm that your Government is in agreement with the contents of
     this letter.'
     I have the honour to confirm that the Government of the Republic of Korea is in agreement with
     that communication.
Please accept, Sir, the assurance of my highest consideration.
                                                                           Head ofthe Delegation
                                                                           ofthe Republic ofKorea
 ---pagebreak--- 334                            Official Journal of the European Communities
                                                     Letter No 2
                                                                                     Brussels,
    Your Excellency ,
    At the conclusion of the negotiations between the Government of the Republic of Korea and the Com­
    munity which led to the signature of the Agreement on                        the two Parties have agreed as
    follows :
    All exports to the Community shall be counted against the agreed ceilings. If additional supplies are
    required for re-exportation to third countries after processing, the authorities of the Member States may
    issue special import authorizations for which the corresponding export licences will be issued without
    the amount being charged against the agreed ceilings.
    The Commission will inform the Government of the Republic of Korea thereof.
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this letter.
    Please accept, Your Excellency, the assurance of my highest consideration.
                                                                             On behalfofthe Council
                                                                          ofthe European Communities
    To His Excellency
    Mr
    Head of the Delegation
    of the Republic of Korea
                                                    Letter No 2
                                                                                     Brussels,
    Sir,
    You were good enough to make the following communication to me in your letter of today s date :
         'At the conclusion of the negotiations between the Government of the Republic of Korea and the
         Community which led to the signature of the Agreement on                           the two Parties have
         agreed as follows :
         All exports to the Community shall be counted against the agreed ceilings. If additional supplies
         are required for re-exportation to third countries after processing, the authorities of the Member
         States may issue special import authorizations for which the corresponding export licences will be
         issued without the amount being charged against the agreed ceilings.
         The Commission will inform the Government of the Republic of Korea thereof.
         I shall be obliged if you will confirm that your Government is in agreement with the contents of
         this letter.'
    I have the honour to confirm that the Government of the Republic of Korea is in agreement with that
    communication.
    Please accept, Sir, the assurance of my highest consideration.
                                                                                Head ofthe Delegation
                                                                               ofthe Republic ofKorea
 ---pagebreak---                            Official Journal of the European Communities                                       335
                                                  Letter No 3
                                                                                   Brussels,
Your Excellency,
At the conclusion of the negotiations between the Government of the Republic of Korea and the Com­
munity which led to the signature of the Agreement on                          the two Parties have agreed as
follows :
The Agreement shall in no way impede merchants in Community countries from freely engaging, as
they have done in the past, in trade with third countries.
This principle shall apply not only to business carried out under transit arrangements but also to trans­
actions involving goods which do not enter the customs territory of the Community.
I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                                                           On beha\f°fthe Council
                                                                         ofthe European Communities
To His Excellency
Mr
Head of the Delegation
of the Republic of Korea
                                                  Letter No 3
                                                                                   Brussels,
Sir,
You were good enough to make the following communication to me in your letter of today's date :
     'At the conclusion of the negotiations between the Government of the Republic of Korea and the
      Community which led to the signature of the Agreement on                           the two Parties have
      agreed as follows :
     The Agreement shall in no way impede merchants in the Community countries from freely engag­
      ing, as they have done in the past, in trade with third countries.
     This principle shall apply not only to business carried out under transit arrangements but also to
     transactions involving goods which do not enter the customs territory of the Community.
     I shall be obliged if you will confirm that your Government is in agreement with the contents of
     this letter.'
I have the honour to confirm that the Government of the Republic of Korea is in agreement with that
communication.
Please accept, Sir, the assurance of my highest consideration.
                                                                               Head ofthe Delegation
                                                                              ofthe Republic ofKorea