CELEX: 52003PC0190
Language: en
Date: 2003-04-16
Title: Proposal for a Council Decision on the signing, on behalf of the European Community, of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products and other market opening measures, and authorising its provisional application

Avis juridique important

|

52003PC0190

Proposal for a Council Decision on the signing, on behalf of the European Community, of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products and other market opening measures, and authorising its provisional application  /* COM/2003/0190 final - ACC 2003/0077 */  

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Community, of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products and other market opening measures, and authorising its provisional application(presented by the Commission)EXPLANATORY MEMORANDUMOn 10 December 2002 the Council approved directives authorising the Commission to open negotiations with the Socialist Republic of Vietnam on the amendment of the bilateral Agreement on trade in textile and clothing products initialled on 15 December 1992, as last amended on 31 March 2000.On 15 February 2003 representatives of the Commission and of the Vietnamese government initialled the enclosed Agreement between the European Community and the Government of Vietnam in the form of an Exchange of Letters.The Agreement, which has a duration of three years until 2005, provides for the following:* The EU will increase its textile and clothing quotas it applies to Vietnam by 50 % for the most sensitive categories (categories 4 to 8, 78 and 83); by 60 % for categories 18, 20, 26, 28, 35, 41, 68, 73, 76, 10, 97 and 161; by 70 % for categories 15 and 29; and by 75 % for category 31. For 2004 and 2005, the growth rates have been raised slightly to 6 % for all categories (as compared with 3 % for most of the quotas under the current agreement).* Vietnam commits to reduce its customs duties for EU imports of textile and clothing products, progressively, to 20% for clothing, 12% for fabrics, 7% for yarns and 5 % for fibres in 2005.* Vietnam and the EU commit not to apply any non-tariff barriers in the textile and clothing sector, and for wines and spirits and ceramic tiles.* A higher degree of transparency in the management of the so-called industry reserve will be assured.* Vietnam will introduce a number of liberalisation measures in other sectors:-  From 1.1.2004 it will allow EU operators to undertake through joint ventures a list of sea cargo transport agency activities currently not permitted to non-Vietnamese firms.- It will without delay issue an additional insurance brokerage licence to an EU firm.- It will introduce from 1.1.2004 a tariff quota for the import of motorbikes and scooters of EU origin.- It will reduce import tariffs on wines and spirits of EU origin to 80 % on 1.1.2004 and 70 % on 1.1.2005.- It will take concrete and immediate steps to fulfil its commitments undertaken earlier regarding: the elimination of minimum import prices for wines and spirits and ceramic tiles; the elimination of additional duties for ceramic tiles imports; an expansion of the list of pharmaceutical products allowed for imports; and a non-discrimination provision for EU businesses and enterprises.The Agreement contains precise implementation provisions that subject the increase of EU textile quotas to prior fulfilment by Vietnam of its obligations under the Agreement, and for the withdrawal of concessions in case Vietnam does not comply with its obligations.Although the Agreement contains obligations for both the EU and Vietnam, it is intended to be economically more favourable to Vietnam than it is to EU in recognition of Vietnam's developing country status. In elaborating its quota increase concessions, the Commission has also taken into consideration the faltering consumption in the textile and clothing sector in the EU.Consequently, it is proposed that the Council authorises the formal conclusion of this Agreement. Pending the completion of the relevant procedures, the Commission proposes to the Council to decide to apply provisionally this Agreement as from 15 April 2003, subject to reciprocity.2003/0077 (ACC)Proposal for a COUNCIL DECISION on the signing, on behalf of the European Community, of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products and other market opening measures, and authorising its provisional applicationTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first subparagraph of Article 300 (2) thereof,Having regard to the proposal from the Commission [1],[1]  OJ CWhereas:(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of an Exchange of Letters on trade in textile products with Vietnam;(2) The Agreement in the form of an Exchange of Letters was initialled on 15 February 2003;(3) The Agreement in the form of an Exchange of Letters should be signed on behalf of the Community;(4) In order to allow its benefits to accrue to both Parties immediately following the relevant notifications, it is appropriate to apply this Agreement on a provisional basis as from 15 April 2003 pending completion of the relevant procedures for its formal conclusion, subject to reciprocity.HAS DECIDED AS FOLLOWS:Article 1Subject to its possible conclusion at a later date the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Agreement in the form of an Exchange of Letters on trade in textile products with Vietnam.The text of the Agreement is annexed to this Decision.Article 2Subject to reciprocity, the Agreement shall be applied on a provisional basis from 15 April 2003 pending the completion of the procedures for its formal conclusion.Article 31. The increases of quotas to the levels indicated in annex 2 of the Agreement will be carried out each year upon implementation by Vietnam of its commitments under paragraphs 3,4,8 and 10.2. In case Vietnam fails to fulfil its obligations under paragraphs 3,4,8,9 and 10 of the Agreement in 2003, the quotas for 2003 will be reduced to the levels indicated in annex 2, column 3. Should any failure to fulfil its obligations take place in years 2004 or 2005, these levels will be increased by a growth rate of 3% per annum. In such cases, any quantities already shipped in excess of the re-established quota levels will be deducted from the quotas of the following years.3. The decision to implement paragraph 2 shall be taken in accordance with the procedures referred to in Article 17 of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries [2][2]  OJ No L 275, 8.11.1993, as last amended by Council regulation (EC) 138/2003 (OJ N° L 23, 28.01.2003, p.1)Done at Brussels,For the CouncilThe PresidentANNEXAGREEMENTIN THE FORM OF AN EXCHANGE OF LETTERS ON TRADE IN TEXTILE AND CLOTHING PRODUCTS AND OTHER MARKET OPENING MEASURES AMENDING THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SOCIALIST REPUBLIC OF VIETNAM, AS LAST AMENDED BY THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS INITIALLED ON 31 MARCH 20001. LETTER FROM THE COUNCIL OF THE EUROPEAN UNIONSir,1. I have the honour to refer to the negotiations held from 12 to 15 February 2003 between our respective delegations with a view to amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products initialled on 15 December 1992 and applied from 1 January 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 31 March 2000 (hereinafter referred to as "the Agreement").2. As a result of those negotiations, it was agreed to amend the Agreement as follows:2.1. Article 3 of the Agreement shall be replaced by the following:'Article 31. The European Community agrees to raise its quantitative limits of products listed in Annex 2 to the amounts set out therein for each Agreement year. This increase will be carried out each year upon implementation by Vietnam of its commitments under paragraphs 3,4,8 and 10. The quantitative limits for 2003 will be raised to the levels indicated in column 4. For the years 2004 and 2005 the quantitative limits as indicated in columns 5 and 6 will apply.   In the allocation of quantities for export to the Community, Vietnam undertakes to ensure that companies fully or partially owned by Community investors and Vietnamese companies are treated equally.2. Exports of textile products set out in Annex 2 shall be subject to a double-checking system as specified in Protocol A.3. In administering the quantitative limits referred to in paragraph 1, Vietnam shall ensure that the Community textile industry benefits from utilisation of such limits.  In particular, Vietnam undertakes to reserve, as a priority, 30% of the quantitative limits for firms in that industry for a period of four months beginning on 1 January of each year. For this purpose, contracts made with such firms during the period in question and submitted to the Vietnamese authorities during the same period shall be taken into consideration.4. To facilitate the implementation of these provisions, the Community shall provide the competent Vietnamese authorities, before 31 October of each year, with a list of interested manufacturers and processors and of the quantity of products requested for each firm. To this end, the firms concerned must make direct contact with the relevant Vietnamese bodies during the period specified in paragraph 3, in order to verify what quantities are available under the reserve referred to in paragraph 3.  In case the amount granted under the industry reserve does not reach 30 % of the quantitative limits, the unused amount of the industry reserve can be reverted to the yearly overall quota levels from 1 May each year.5. Subject to the provisions of this Agreement, and without prejudice to the quantitative system applicable to products subject to the operations referred to in Article 4, the Community undertakes to suspend the application of quantitative restrictions currently in force in respect of products covered by this Agreement.6. Exports of products referred to in Annex IV to the Agreement which are not subject to quantitative limits shall be subject to the double-checking system referred to in paragraph 2.7. Should Vietnam become a Member of the World Trade Organisation before 1/1/2005, the Agreement and its Annexes, as well as this Exchange of Letters and its Appendices, will be applied in accordance with the Agreements and rules of the World Trade Organization and Vietnam's Protocol of Accession to the WTO. Any quotas maintained prior to the date of accession of Vietnam to the World Trade Organization will be notified to the Textiles Monitoring Body set up by the Agreement on Textiles and Clothing (ATC) in accordance with Article 2 of that Agreement, together with appropriate administrative arrangements, to be agreed prior to Vietnam's WTO accession, and phased out in accordance with the ATC and Vietnam's protocol of accession. Should Vietnam become member of the World Trade Organisation after 1/1/2005 but before the expiry date of this Agreement, the Agreements and rules of WTO shall be applied from the date of Vietnam's accession to the WTO.8. Vietnam shall not apply tariffs on the import of textiles and clothing products of EU origin at rates higher than those indicated in Annex 3.9. The Parties agree to refrain from applying any non-tariff measures inconsistent with WTO rules that could hinder trade in textile and clothing as indicated in a non-exhaustive list of these measures in Annex 4.10. In addition to its commitments under paragraphs 3,4,8 and 9 above, Vietnam undertakes to take the measures indicated in Annex 5.11. Under the terms to be agreed between Vietnam and Turkey and on the basis of an increase by Turkey of the quotas it applies vis-à-vis Vietnam, Vietnam agrees to extend the treatment provided to textile and clothing products originating in the European Communities to textile and clothing products originating from Turkey.12. The Parties agree that the European Community retains, for a maximum period not extending beyond the duration of the ATC insofar as Vietnam has become Member of the WTO, the right to reapply the quota regime at the levels indicated in annex 2, column 3 in the event that Vietnam fails to fulfil any of the obligations contained in paragraphs 3,4,8,9 and 10 of this Agreement. Should any failure to fulfil its obligations take place in years 2004 or 2005, these levels will be increased by a growth rate of 3% per annum. The Parties agree that Vietnam retains the right to suspend the application of its commitments under paragraphs 3,4,8,9 and 10 should the European Community fail to fulfil any of the obligations contained in paragraphs 1 and 9 of this agreement. The Parties agree to consult with each other pursuant to paragraph 13 before exercising this right.13. The Parties agree that the balance of the present agreement, forming a package of mutual concessions freely extended between the Parties, depends on the full and faithful implementation of all the terms of this Agreement. As a result the Parties agreed to consult periodically in order to ensure the proper implementation of this Agreement. In addition, the Parties agree to consult following the request of either Party concerning any aspect of this Agreement.   In the event that either party seeks to exercise the right contained in paragraph 12 it will provide the other party with details of any alleged failure in writing. Consultations with a view to remedying the failure in question will be held within 30 days of such a written request unless the Parties agree otherwise. In the event the Parties cannot agree on appropriate remedial action within 30 days from the start of the consultations either party will have the right to proceed under paragraph 12.'2.2 Article 19(1) and 19(2) of the Agreement shall be replaced by the following:1. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2005.2. Both Parties are ready to engage in further negotiations as of 1 January 2004 with a view to improving access to their respective markets.2.3 Annex A of the Agreement is replaced by Annex 1 to this letter.2.4 Annex B of the Agreement is replaced by Annex 2 to this letter.2.5 To the Protocol concerning the industry reserve in annex D of the Agreement, the following is added:   The Vietnamese authorities shall provide the European Community with the list of the European companies benefiting from the Industry reserve and the quantities and categories for which licenses have been granted.2.6 In the Protocol of Understanding annexed to the Agreement, articles 4 and 5 and its 3 annexes are repealed.3. I should be obliged if you would confirm the agreement of the Socialist Republic of Vietnam to the above amendments. Should this be the case, this letter and its accompanying Annexes, together with your written confirmation shall constitute an Agreement in the form of an Exchange of Letters between the European Community and the Socialist Republic of Vietnam. This Agreement shall enter into force on the first day of the month following the date on which the European Community and the Socialist Republic of Vietnam notify each other of the completion of the procedures necessary for that purpose. In the meantime, the amendments to the Agreement shall be applied provisionally from 15 April 2003, subject to reciprocity.Please accept, Sir, the assurance of my highest consideration.For the Council of the European UnionAnnex 1TEXTILE PRODUCTS REFERRED TO IN ARTICLE 11.  Without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, since the products covered by each category are determined, within this Annex, by CN codes. Where there is an "ex" symbol in front of a CN code, the products covered in each category are determined by the scope of the CN code and by that of the corresponding description2.  When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine animal hair, of cotton or of man-made fibres.3.  Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.4.  Where the expression "babies' garments" is used, this is meant to cover garments up to and including commercial size 86.&gt;TABLE POSITION&gt;GROUP I A&gt;TABLE POSITION&gt;GROUP I B&gt;TABLE POSITION&gt;GROUP II A&gt;TABLE POSITION&gt;GROUP II B&gt;TABLE POSITION&gt;GROUP III A&gt;TABLE POSITION&gt;GROUP III B&gt;TABLE POSITION&gt;GROUP IV&gt;TABLE POSITION&gt;GROUP V&gt;TABLE POSITION&gt;Annex 2Quantitative limits referred to in article 3 paragraph 1&gt;TABLE POSITION&gt;Annex 3 [3][3]   The HS codes in this annex refer to those of the INTERNATIONAL CONVENTION ON THE HARMONIZED COMMODITY DESCRIPTION AND CODING SYSTEM as last amended by the Recommendation of 25 June 1999 of the Customs Co-operation Council (Vietnam is a member of the World Customs Organization)&gt;TABLE POSITION&gt;Annex 4Agreed MinuteIn the context of the Agreement in the form of an Agreement in the form of an Exchange of Letters on trade in textile and clothing products between the European Community and the Socialist Republic of Vietnam initialled in Hanoi on 15 February 2003 and more particularly with reference to article 3 paragraph 9 thereof, the Parties recorded their understanding that non-tariff measures inconsistent with WTO rules that could hinder trade in textiles and clothing, wines and spirits and ceramic tiles are not to be applied by either of the Parties, A non-exhaustive list of such measures is provided as follows:* any additional customs duties on the import or sale of products of EU or Vietnamese origin in excess of those set out in the Agreement, or any fees and charges in connection with importation or exportation in excess of the approximate cost of services rendered;* any taxes which are higher than any such taxes imposed on the production or sale of equivalent domestic goods;* technical regulations or standards, or conformity assessment or certification rules, procedures or practices going beyond the purposes for which they are required;* any minimum import prices or indicative values resulting in effective application of minimum prices or arbitrary and fictitious prices or any customs valuation rules, procedures or practices giving rise to barriers to trade;* rules, procedures or practices for pre-shipment inspection that are discriminatory, non-transparent, excessively lengthy or burdensome, and the imposition of customs controls for the clearance of goods to shipments that have already been subject of pre-shipment inspection;* excessively burdensome, costly or arbitrary rules, procedures or practices concerning the certification of the origin of products or requiring direct shipment of goods from the country of origin to the country of destination;* any non-automatic, discretionary or other licensing requirements, rules, procedures or practices imposing disproportionate burdens or having restrictive effects on imports, in particular application for automatic licenses submitted in an appropriate and complete form should be approved immediately on receipt, to the extent administratively feasible, but within a maximum of 10 working days;* requirements or practices concerning marking, labelling, the description of composition of the product or the description of the manufacturing of products which, either in their formulation or in their application, are in any form discriminatory as compared with domestic products and not more trade restrictive than necessary to fulfil a legitimate objective;* unduly long customs clearance delays or excessively burdensome, non-transparent or costly customs procedures, including inspection requirements, which have an unnecessary restrictive effect on imports;* subsidies causing injury to the textiles and clothing industry of the other Party,In order to facilitate legitimate trade, notwithstanding the need of effective control, the Parties undertake to:* co-operate and exchange information on issues of mutual interest concerning customs legislation and procedures, and in particular to deal promptly with problems faced by operators arising from measures covered by this Agreement;* provide effective, non-discriminatory and prompt procedures enabling the right of appeal against customs and other agency administrative actions, ruling and decisions affecting import or export of goods;* establish an appropriate consultation mechanism between customs administrations and traders on customs regulations and procedures;* publish, as far as possible through electronic means, new legislation and general procedures related to customs, as well as any modification, no later than the entry into force of any such legislation and procedures;* co-operate with a view to reaching a common approach to issues relating to customs valuation, in particular the elaboration of a "code of good practices" in relation to working methods and operational aspects, the use of indicative or reference indices, appropriate documentation to certify the accuracy of the customs value and the use of securities,The Parties agree that the commitments contained in this Agreed Minute are not intended to go beyond or to place them under higher standards or obligations than those contained in the WTO agreements, taking into account the provisions applying to developing countries with a low level of GNP per capita.Annex 5Other commitments on market access1. VIETNAM SHALL IMPLEMENT THE FOLLOWING MEASURES NECESSARY TO GUARANTEE IMPROVED MARKET ACCESS FOR EUROPEAN COMMUNITY OPERATORS IN THE FOLLOWING NON-TEXTILES SECTORS:Maritime transportVietnam agrees that by 1 January 2004 EU maritime operators through joint venture companies with Vietnamese partners, the investment capital to be contributed by both parties to be subject to negotiation between them and without a limit for either party, are able to undertake the following sea transport cargo agency activities:- Marketing and sales services related to cargoes transported- Acting on behalf of the cargo owners- Provision of business information- Preparation of documentation related with cargoes transported- Preparation of documentation concerning customs documents or other documents related to the origin and character of the goods transported- Setting up of representative offices in Vietnam- Provision of maritime transport services, including the cabotage services necessary for the supply of the integrated services through Vietnamese ships.As far as multimodal transport is concerned, Vietnam agrees to consider favourably any EU request that EU maritime operators obtain the same rights as companies of ASEAN countries as soon as the ASEAN Framework on Multimodal Transport comes into force.Insurance brokerage licencesVietnam shall immediately issue an operating licence to an EU insurance brokerage.Motor-bikes/ ScootersVietnam shall introduce by 1 January 2004 a tariff quota for the importation annually of up to 3000 units of Completely Built Units (CBU) of motorbikes or scooters of EU origin with a view to a significant reduction in the tariff rate.Wines and spiritsVietnam shall reduce import tariffs on wines and spirits of EU origin to 80% from 1 January, 2004 and to 70% from 1 January, 2005.2. VIETNAM SHALL ALSO FULFIL ITS EARLIER COMMITMENTS IN THE FOLLOWING SECTORS:Wines and spiritsElimination of minimum import prices for wines and spirits of EU origin.Ceramic tilesElimination of minimum import prices and additional duties (price difference collection rate of 10%).PharmaceuticalsProgressive elimination (5 molecules per year) of list of prohibited molecules by 2006.3. NON DISCRIMINATION ISSUESVietnam confirms the commitment by its Foreign Minister in letter dated l February 2002, Trade Minister in letter dated 10 October 2000, to Commissioners Patten and Lamy respectively.2. LETTER FROM THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAMSir,I have the honour to acknowledge receipt of your letter of     which reads as follows:1. I have the honour to refer to the negotiations held from 12 to 15 February 2003 between our respective delegations with a view to amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products initialled on 15 December 1992 and applied from 1 January 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 31 March 2000 (hereinafter referred to as "the Agreement").2. As a result of those negotiations, it was agreed to amend the Agreement as follows:2.1. Article 3 of the Agreement shall be replaced by the following:'Article 31. The European Community agrees to raise its quantitative limits of products listed in Annex 2 to the amounts set out therein for each Agreement year. This increase will be carried out each year upon implementation by Vietnam of its commitments under paragraphs 3,4,8 and 10. The quantitative limits for 2003 will be raised to the levels indicated in column 4. For the years 2004 and 2005 the quantitative limits as indicated in columns 5 and 6 will apply.   In the allocation of quantities for export to the Community, Vietnam undertakes to ensure that companies fully or partially owned by Community investors and Vietnamese companies are treated equally.2. Exports of textile products set out in Annex 2 shall be subject to a double-checking system as specified in Protocol A.3. In administering the quantitative limits referred to in paragraph 1, Vietnam shall ensure that the Community textile industry benefits from utilisation of such limits.  In particular, Vietnam undertakes to reserve, as a priority, 30% of the quantitative limits for firms in that industry for a period of four months beginning on 1 January of each year. For this purpose, contracts made with such firms during the period in question and submitted to the Vietnamese authorities during the same period shall be taken into consideration.4. To facilitate the implementation of these provisions, the Community shall provide the competent Vietnamese authorities, before 31 October of each year, with a list of interested manufacturers and processors and of the quantity of products requested for each firm. To this end, the firms concerned must make direct contact with the relevant Vietnamese bodies during the period specified in paragraph 3, in order to verify what quantities are available under the reserve referred to in paragraph 3.  In case the amount granted under the industry reserve does not reach 30 % of the quantitative limits, the unused amount of the industry reserve can be reverted to the yearly overall quota levels from 1 May each year.5. Subject to the provisions of this Agreement, and without prejudice to the quantitative system applicable to products subject to the operations referred to in Article 4, the Community undertakes to suspend the application of quantitative restrictions currently in force in respect of products covered by this Agreement.6. Exports of products referred to in Annex IV to the Agreement which are not subject to quantitative limits shall be subject to the double-checking system referred to in paragraph 2.7. Should Vietnam become a Member of the World Trade Organisation before 1/1/2005, the Agreement and its Annexes, as well as this Exchange of Letters and its Appendices, will be applied in accordance with the Agreements and rules of the World Trade Organization and Vietnam's Protocol of Accession to the WTO. Any quotas maintained prior to the date of accession of Vietnam to the World Trade Organization will be notified to the Textiles Monitoring Body set up by the Agreement on Textiles and Clothing (ATC) in accordance with Article 2 of that Agreement, together with appropriate administrative arrangements, to be agreed prior to Vietnam's WTO accession, and phased out in accordance with the ATC and Vietnam's protocol of accession. Should Vietnam become member of the World Trade Organisation after 1/1/2005 but before the expiry date of this Agreement, the Agreements and rules of WTO shall be applied from the date of Vietnam's accession to the WTO.8. Vietnam shall not apply tariffs on the import of textiles and clothing products of EU origin at rates higher than those indicated in Annex 3.9. The Parties agree to refrain from applying any non-tariff measures inconsistent with WTO rules that could hinder trade in textile and clothing as indicated in a non-exhaustive list of these measures in Annex 4.10. In addition to its commitments under paragraphs 3,4,8 and 9 above, Vietnam undertakes to take the measures indicated in Annex 5.11. Under the terms to be agreed between Vietnam and Turkey and on the basis of an increase by Turkey of the quotas it applies vis-à-vis Vietnam, Vietnam agrees to extend the treatment provided to textile and clothing products originating in the European Communities to textile and clothing products originating from Turkey.12. The Parties agree that the European Community retains, for a maximum period not extending beyond the duration of the ATC insofar as Vietnam has become Member of the WTO, the right to reapply the quota regime at the levels indicated in annex 2, column 3 in the event that Vietnam fails to fulfil any of the obligations contained in paragraphs 3,4,8,9 and 10 of this Agreement. Should any failure to fulfil its obligations take place in years 2004 or 2005, these levels will be increased by a growth rate of 3% per annum. The Parties agree that Vietnam retains the right to suspend the application of its commitments under paragraphs 3,4,8,9 and 10 should the European Community fail to fulfil any of the obligations contained in paragraphs 1 and 9 of this agreement. The Parties agree to consult with each other pursuant to paragraph 13 before exercising this right.13. The Parties agree that the balance of the present agreement, forming a package of mutual concessions freely extended between the Parties, depends on the full and faithful implementation of all the terms of this Agreement. As a result the Parties agreed to consult periodically in order to ensure the proper implementation of this Agreement. In addition, the Parties agree to consult following the request of either Party concerning any aspect of this Agreement.   In the event that either party seeks to exercise the right contained in paragraph 12 it will provide the other party with details of any alleged failure in writing. Consultations with a view to remedying the failure in question will be held within 30 days of such a written request unless the Parties agree otherwise. In the event the Parties cannot agree on appropriate remedial action within 30 days from the start of the consultations either party will have the right to proceed under paragraph 12.'2.2 Article 19(1) and 19(2) of the Agreement shall be replaced by the following:1. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2005.2. Both Parties are ready to engage in further negotiations as of 1 January 2004 with a view to improving access to their respective markets.2.3 Annex A of the Agreement is replaced by Annex 1 to this letter.2.4 Annex B of the Agreement is replaced by Annex 2 to this letter.2.5 To the Protocol concerning the industry reserve in annex D of the Agreement, the following is added:   The Vietnamese authorities shall provide the European Community with the list of the European companies benefiting from the Industry reserve and the quantities and categories for which licenses have been granted.2.6 In the Protocol of Understanding annexed to the Agreement, articles 4 and 5 and its 3 annexes are repealed.3. I should be obliged if you would confirm the agreement of the Socialist Republic of Vietnam to the above amendments. Should this be the case, this letter and its accompanying Annexes, together with your written confirmation shall constitute an Agreement in the form of an Exchange of Letters between the European Community and the Socialist Republic of Vietnam. This Agreement shall enter into force on the first day of the month following the date on which the European Community and the Socialist Republic of Vietnam notify each other of the completion of the procedures necessary for that purpose. In the meantime, the amendments to the Agreement shall be applied provisionally from 15 April 2003, subject to reciprocity.I have the honour to confirm that my Government is in agreement with the contents of your letter.Please accept, Sir, the assurance of my highest consideration.For the Government of the Socialist Republic of Vietnam