CELEX: 21995A0426(15)
Language: sk
Date: 1995-02-20 00:00:00
Title: Agreement in the form of an exchange of letters between the European Community and Mongolia amending the Agreement between the European Economic Community and Mongolia on trade in textile products to take into account the expected accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

86                  SK                                Úradný vestník Európskej únie                                                  11/zv. 22

21995A0426(15)

26.4.1995                                 ÚRADNÝ VESTNÍK EURÓPSKYCH SPOLOČENSTIEV                                                    L 94/285

                                                               AGREEMENT
            in the form of an exchange of letters between the European Community and Mongolia amending the
            Agreement between the European Economic Community and Mongolia on trade in textile products to
            take into account the expected accession of the Republic of Austria, the Republic of Finland and the
                                        Kingdom of Sweden to the European Union

                                                Letter from the Council of the European Union
            Sir,
            1.     I have the honour to refer to the Agreement between the European Economic Community and Mongolia on
                   trade in textile products initialled on 22 January 1993.

            2.     In order to take into account the expected accession of the Republic of Austria, the Republic of Finland and
                   the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that
                   the following amendments should be made to the Agreement between the European Economic Community
                   and Mongolia on trade in textile products:

            2.1.   The following text is added after Article 8, paragraph 2:
                   „For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year’s total
                   imports from all third countries shall be calculated on the basis of imports into the Community as
                   constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the
                   Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded from
                   this total.“

            2.2.   Figures in Annex II which set out the quantitative limits for exports from Mongolia to the European Union
                   are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter.

            2.3.   Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as follows:
                   „— two letters identifying the intended Member State of customs clearance as follows:

                         AT = Austria

                         BL = Benelux

                         DE = Federal Republic of Germany

                         DK = Denmark

                         EL = Greece

                         ES = Spain

                         FI = Finland

                         FR = France

                         GB = United Kingdom

                         IE = Ireland

                         IT = Italy

                         PT = Portugal

                         SE = Sweden“

            2.4.   The Annex to Protocol A setting out the model of the certificate of origin is replaced by Appendix II to this
                   letter.

            2.5.   The Annex to Protocol A setting out the model of the export licence is replaced by Appendix III to this letter.
 ---pagebreak--- 11/zv. 22           SK                                Úradný vestník Európskej únie                                                 87

            2.6.   The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and
                   folklore products is replaced by Appendix IV to this letter.

            2.7.   Figures in the Annex to Protocol C which set out the quantitative limits for economic outward processing
                   operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter.

            2.8.   Should one or more acceding countries not join the European Union the adjustments calculated for this or
                   these countries shall be deducted from the „Adjusted limits 1995, 1996 and 1997“ set out in Appendices
                   I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force.

            2.9.   Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period
                   that will end on 30 June 1995, the competent authorities of Mongolia shall be authorized to continue issuing
                   the forms that were in use in 1994.

            2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices
                  I and V, technical revisions of these adjustments will be made following consultations and provided that the
                  request for consultations is made not later than 28 February 1995.

            3.     I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should
                   this be the case, 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. In the meantime, it shall be applied provisionally from 1 January
                   1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

            Please accept, Sir, the assurance of my highest consideration.
                                                                                             For the Council
                                                                                         of the European Union
 ---pagebreak--- 88                  SK                               Úradný vestník Európskej únie                                                11/zv. 22

                                                                Appendix I

                                                                ANNEX II
                                            COMMUNITY QUANTITATIVE LIMITS

                                                                             Adjustment for
                                          Existing     Growth                                             Adjusted     Adjusted     Adjusted
     Group   Category        Unit
                                        limit 1995      rate                                            limit 1995   limit 1996   limit 1997
                                                                    Sweden      Finland       Austria

      IB       5         1 000 pieces     811          4,00 %        106          47           87        1 052        1 094        1 137

      IB       5a        1 000 pieces     113          4,00 %          1           0             1         115          120          125
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak--- 92                    SK                                Úradný vestník Európskej únie                                                 11/zv. 22

                                                                   Appendix V

                                                         ANNEX TO PROTOCOL C
                                                   OUTWARD PROCESSING TRAFFIC

                                                       Community quantitative limits

                                                                                 Adjustment for
                                            Existing      Growth                                              Adjusted     Adjusted     Adjusted
     Group     Category        Unit
                                          limit 1995       rate                                             limit 1995   limit 1996   limit 1997
                                                                       Sweden       Finland       Austria

      IB          5        1 000 pieces      169          6,00 %         5             2            4         180          191          202

                                                                   Appendix VI

                                                             Exchange of notes
             The Directorate-General for External Economic Relations of the Commission of the European Communities
             presents its compliments to the Mission of Mongolia to the European Communities and has the honour to refer
             to the Agreement on trade in textile products between Mongolia and the European Economic Community initialled
             on 22 January 1993, as amended by the exchange of letters initialled on (date of initialling).

             The Directorate-General wishes to inform the Mission of Mongolia that whilst awaiting the completion of the
             necessary procedures for the conclusion and coming into force of the amended Agreement, the European
             Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is
             on the understanding that either Party may at any time terminate this de facto application of the amended
             Agreement provided that one hundred and twenty days notice is given.

             The Directorate-General for External Economic Relations would be grateful if the Mission of Mongolia would
             confirm its agreement to the foregoing.

             The Directorate-General for External Economic Relations of the Commission of the European Communities avails
             itself of this opportunity to renew to the Mission of Mongolia to the European Communities the assurance of its
             highest consideration.

             The Mission of Mongolia to the European Communities presents its compliments to the Directorate-General for
             External Economic Relations of the Commission of the European Communities and has the honour to refer to the
             note of the Directorate-General of (date of note verbale) regarding the Agreement on trade in textile products
             between Mongolia and the European Economic Community initialled on 22 January 1993, as amended by the
             exchange of letters initialled on (date of initialling).

             The Mission of Mongolia wishes to confirm to the Directorate-General that whilst awaiting the completion of the
             necessary procedures for the conclusion and coming into force of the adapted Agreement, the Government of
             Mongolia is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on
             the understanding that either Party may at any time terminate this de facto application of the adapted Agreement
             provided that one hundred and twenty days notice is given.

             The Mission of Mongolia to the European Communities avails itself of this opportunity to renew to the
             Directorate-General for External Economic Relations of the Commission of the European Communities the
             assurance of its highest consideration.
 ---pagebreak--- 11/zv. 22                 SK                              Úradný vestník Európskej únie                                               93

                                                       Letter from the Government of Mongolia

            Sir,

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

                   „Sir,

                   1.      I have the honour to refer to the Agreement between the European Economic Community and Mongolia
                           on trade in textile products initialled on 22 January 1993.

                   2.      In order to take into account the expected accession of the Republic of Austria, the Republic of Finland
                           and the Kingdom of Sweden to the European Union on 1 January 1995, the European Community
                           considers that the following amendments should be made to the Agreement between the European
                           Economic Community and Mongolia on trade in textile products:

                   2.1.    The following text is added after Article 8, paragraph 2:
                           ‚For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year’s total
                           imports from all third countries shall be calculated on the basis of imports into the Community as
                           constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the
                           Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded
                           from this total.‘

                   2.2.    Figures in Annex II which set out the quantitative limits for exports from Mongolia to the European
                           Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter.

                   2.3.    Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as
                           follows:

                           ‚— two letters identifying the intended Member State of customs clearance as follows:

                               AT = Austria

                               BL = Benelux

                               DE = Federal Republic of Germany

                               DK = Denmark

                               EL = Greece

                               ES = Spain

                               FI = Finland

                               FR = France

                               GB = United Kingdom

                               IE = Ireland

                               IT = Italy

                               PT = Portugal

                               SE = Sweden‘

                   2.4.    The Annex to Protocol A setting out the model of the certificate of origin is replaced by Appendix II to
                           this letter.

                   2.5.    The Annex to Protocol A setting out the model of the export licence is replaced by Appendix III to this
                           letter.
 ---pagebreak--- 94             SK                               Úradný vestník Európskej únie                                                 11/zv. 22

        2.6.    The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry
                and folklore products is replaced by Appendix IV to this letter.

        2.7.    Figures in the Annex to Protocol C which set out the quantitative limits for economic outward processing
                operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter.

        2.8.    Should one or more acceding countries not join the European Union the adjustments calculated for this
                or these countries shall be deducted from the ‚Adjusted limits 1995, 1996 and 1997‘ set out in
                Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not
                enter into force.

        2.9.    Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period
                that will end on 30 June 1995, the competent authorities of Mongolia shall be authorized to continue
                issuing the forms that were in use in 1994.

        2.10. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices
              I and V, technical revisions of these adjustments will be made following consultations and provided that
              the request for consultations is made not later than 28 February 1995.

        3.      I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing.
                Should this be the case, 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. In the meantime, it shall be applied provisionally
                from 1 January 1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

         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 Mongolia
 ---pagebreak--- 11/zv. 22          SK                               Úradný vestník Európskej únie                                                        95

                                                               Appendix I

                                                               ANNEX II
                                            COMMUNITY QUANTITATIVE LIMITS

                                                                            Adjustment for
                                         Existing     Growth                                             Adjusted     Adjusted     Adjusted
  Group     Category        Unit
                                       limit 1995      rate                                            limit 1995   limit 1996   limit 1997
                                                                  Sweden       Finland       Austria

    IB        5         1 000 pieces     811          4,00 %        106          47           87        1 052        1 094        1 137

    IB        5a        1 000 pieces     113          4,00 %          1           0             1         115          120          125
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak--- 11/zv. 22            SK                                 Úradný vestník Európskej únie                                                         99

                                                                   Appendix V

                                                         ANNEX TO PROTOCOL C

                                                OUTWARD PROCESSING TRAFFIC

                                                       Community quantitative limits

                                                                                 Adjustment for
                                            Existing      Growth                                              Adjusted     Adjusted     Adjusted
  Group       Category        Unit
                                          limit 1995       rate                                             limit 1995   limit 1996   limit 1997
                                                                       Sweden       Finland       Austria

    IB           5        1 000 pieces      169           6,00 %          5            2            4         180          191          202

                                                                   Appendix VI

                                                             Exchange of notes

            The Directorate-General for External Economic Relations of the Commission of the European Communities
            presents its compliments to the Mission of Mongolia to the European Communities and has the honour to refer
            to the Agreement on trade in textile products between Mongolia and the European Economic Community initialled
            on 22 January 1993, as amended by the exchange of letters initialled on (date of initialling).

            The Directorate-General wishes to inform the Mission of Mongolia that whilst awaiting the completion of the
            necessary procedures for the conclusion and coming into force of the amended Agreement, the European
            Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is
            on the understanding that either Party may at any time terminate this de facto application of the amended
            Agreement provided that one hundred and twenty days notice is given.

            The Directorate-General for External Economic Relations would be grateful if the Mission of Mongolia would
            confirm its agreement to the foregoing.

            The Directorate-General for External Economic Relations of the Commission of the European Communities avails
            itself of this opportunity to renew to the Mission of Mongolia to the European Communities the assurance of its
            highest consideration.

            The Mission of Mongolia to the European Communities presents its compliments to the Directorate-General for
            External Economic Relations of the Commission of the European Communities and has the honour to refer to the
            note of the Directorate-General of (date of note verbale) regarding the Agreement on trade in textile products
            between Mongolia and the European Economic Community initialled on 22 January 1993, as amended by the
            exchange of letters initialled on (date of initialling).

            The Mission of Mongolia wishes to confirm to the Directorate-General that whilst awaiting the completion of the
            necessary procedures for the conclusion and coming into force of the adapted Agreement, the Government of
            Mongolia is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on
            the understanding that either Party may at any time terminate this de facto application of the adapted Agreement
            provided that one hundred and twenty days notice is given.

            The Mission of Mongolia to the European Communities avails itself of this opportunity to renew to the
            Directorate-General for External Economic Relations of the Commission of the European Communities the
            assurance of its highest consideration.