CELEX: 21992A1231(28)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Brasilian liittotasavallan välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

Il / Nide 30                                       Euroopan yhteisöjen virallinen lehti                                   7
292A 1231(28 )
N:o L 1 10/ 154                           EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                      30.04.94
                                                            AGREEMENT
               in the form of an exchange of letters amending the Agreement between the European Economic
                           Community and the Federative Republic of Brazil on trade in textile products
                                                              Letter No 1
               Sir,
               1.     I have the honour to refer to the consultations held on 11 December 1992 between our
                      respective delegations for the purpose of amending the Agreement on trade in textile
                      products between the European Economic Community and the Federative Republic of
                      Brazil 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 and Annex II which set out the quantitative restrictions for exports from the
                      Federative Republic of Brazil to the European Economic Community are replaced for the
                      period 1 January 1993 to 31 December 1994 by Appendix 1 and Appendix 2 to this letter,
                      respectively.
               2.2 .  Article 7 ( 6 ) of the Agreement and Protocol B are deleted .
               2.3 .  Article 8 ( 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 11 is replaced by the following:
                      ' 1 . The quantitative limits established under this Agreement on imports into the
                            Community of textile products of Brazilian 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 . Brazil 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, and in accordance with Article 15 ( 1 ).
                       4. Brazil 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 13 and all references to this Article in the Agreement are deleted .
               2.6 .  The following is added at the beginning of Article 15 ( 1 ):
                      ' 1 . Save where it is otherwise provided for in this Agreement, . . .'
               2.7.   The second sentence of Article 17 ( 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--- 172                                    Euroopan yhteisöjen virallinen lehti                               11 /Nide 30
    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 7 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 7 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:
           4— two letters identifying the intended Member State of customs clearance as follows :
                 BL   =  Benelux,                                    rR    = 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 . The first sentence in the first indent of Protocol C is replaced by the following:
           'For products in categories falling within Groups I, II and III the growth rate shall be fixed
           by Agreement between the Parties in accordance with the consultation procedure
           established in Article 15 of the Agreement.'
    2.12 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of the
           Agreement.
    2.13 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of the
           Agreement.
    2.14 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of the
           Agreement.
    2.15 . Agreed Minute No 4 set out in Appendix 6 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 Coancil
                                                                       of the European Communities
 ---pagebreak--- Il /Nide 30                                          Euroopan yhteisöjen virallinen lehti                                                173
                                                                     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 QUANTITATIVE LIMITS
                       Category                        Unit                        1993              1994                1 995 i1)
                t                        tonnes                                  35 837             36 446               37 066
               2                         tonnes                                  22 231             22 453               22 678
               2(a )                     tonnes                                    4 709             4 789                 4 870
               3                         tonnes                                    2 200             2 288                 2 380
               4                         1 000 pieces                            29 800             30 992               32 232
               6 C)                       1 000 pieces                             3 1 13            3 238                 3 367
               9                         tonnes                                    6 502             6 762                 7 0 33
            20                           tonnes                                    3 995             4 155                 4 321
            22                           tonnes                                  11 851             12 562                13 316
            39                           ronnes                                    3 167             3 357                 3 558
            46                           tonnes                                  18 352             19 453               20 620
            (') For the purpose of setting off exports against the agreed limits a conversion rate of five garments ( other than babies'
                  garments ) of a maximum commercial size of 130 cm , for three garments whose commercial size exceeds 130 cm may be
                  applied for up to 5% of the quantitative limits .
            ( ; ) To be applied in case of automatic extension according to Article 17 ( 1 ).
                                                                     Appendix 3
                                                               Agreed Minute No 1
            In the context of the Agreement between the European Economic Community and the Federative
            Republic of Brazil on trade in textile and clothing products, initialled on 14 December 1992, the
            Parties agreed that Article 7 of the Agreement does not preclude the Community, if the conditions
            are fulfilled , from applying, in conformity with the principles of the internal market, the safeguard
            measures referred to in Article 7 for one or more of its regions .
            In such an event, Brazil 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 the Federative Republic of Brazil                              of the European Communities
 ---pagebreak--- 174                                  Euroopan yhteisöjen virallinen lehti                                Il /Nide 30
                                                  Appendix 4
                                            Agreed Minute No 2
    Notwithstanding Article' 11 ( 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 11 (3 ), Brazil undertakes, if so requested by the Community, to respect
    temporary export limits for one or more regions of the Community. In such case, these limits shall
    not preclude the importation into the region(s ) concerned of products which were shipped from
    Brazil on the basis of export licences obtained' before the date of formal notification to Brazil by
    the Community about the introduction of the above limits .
    The Community shall inform Brazil 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 the Federative Republic of Brazil                 of the European Communities
                                                Note verbale
    The Directorate-General for External Relations ot the Commission of the European Communities
    presents its compliments to the Mission of the Federative Republic of Brazil to the European
    Communities and has the honour to refer to the Agreement on textile products negotiated
    between the Federative Republic of Brazil and the Community applied since 1 January 1987, as
    extended by the exchange of letters initialled on 27 February 1992 and as further extended by the
    exchange of letters of 14 December 1992 .
    The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil 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 14 December 1992 . Consequently,
    the corresponding provisions of Articles 6 and 1 1 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 Federative Republic of Brazil to the European Communities the assurance of its
    highest consideration .
 ---pagebreak--- 11 /Nide 30                                 Euroopan yhteisöjen virallinen lehti                                 175
                                                         Appendix S
                                                    Agreed Minute No 3
            In the context of the Agreement between the European Economic Community and the Federative
            Republic of Brazil on trade in textile and clothing products, initialled in Brussels on 14 December
            1992, the Parties agreed that Brazil 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 Brazil 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 the Federative Republic of Brazil                of the European Communities
                                                         Appendix 6
                                                    Agreed Minute No 4
            In the context of the Agreement between the European Economic Community and the Federative
            Republic of Brazil on trade in textile and clothing products, applied since 1 January 1987, as
            extended by the exchange of letters initialled on 27 February 1992 and further extended by the
            exchange of letters initialled on 14 December 1992, Brazil agreed that, from the date of request
            for and pending the consultations referred to in Article 11 ( 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 the Federative Republic of Brazil                 of the European Communities
 ---pagebreak--- 176                                   Euroopan yhteisöjen virallinen lehti                            li /Nide 30
                                             Exchange of notes
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of the Federative Republic of Brazil to the European
    Communities and has the honour to refer to the Agreement on textile products between the
    Federative Republic of Brazil and the Community applied since 1 January 1987, as extended by
    the exchange of letters initialled on 27 February 1992 and as further extended by the exchange of
    letters initialled on 14 December 1992 .
    The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil 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 the Federative Republic of Brazil to the European Communities the assurance of its
    highest consideration .
 ---pagebreak--- 11 /Nide 30                                      Euroopan yhteisöjen virallinen lehti                                 177
                                                            Letter No 2
            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 consultations held on 11 December 1992 between our
                        respective delegations for the purpose of amending the Agreement on trade in textile
                        products between the European Economic Community and the Federative Republic of
                        Brazil, 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 and Annex II which set out the quantitative restrictions for exports from the
                        Federative Republic of Brazil to the European Economic Community are replaced for
                        the period 1 January 1993 to 31 December 1994 by Appendix 1 and Appendix 2 to this
                        letter, respectively.
                 2.2 .  Article 7 ( 6 ) of the Agreement and Protocol C are deleted .
                 2.3 .  Article 8 ( 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 is replaced by the following:
                        " 1 . The quantitative limits established under this Agreement on imports into the
                               Community of textile products of Brazilian 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 . Brazil 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, and in accordance with
                               Article 15 ( 1 ).
                          4. Brazil 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 13 and all references to this Article in the Agreement are deleted .
                  2.6 . The following is added at the beginning of Article 15 ( 1 ):
                         " 1 . Save where it is otherwise provided for in this Agreement, . . ."
                  2.7.  The second sentence of Article 17 ( 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--- 178                                       Euroopan yhteisöjen virallinen lehti                             11 /Nide 30
        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 7 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 7 in accordance with the provisions of the 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 . The first sentence in the first indent of Protocol C is replaced by the following:
               " For products in categories falling within Groups I, II and III the growth rate shall be
               fixed by Agreement between the Parties in accordance with the consultation procedure
               established in Article 15 of the Agreement."
        2.12 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of
               the Agreement.
        2.13 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of
               the Agreement.
        2.14 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of
               the Agreement.
        2.15 . Agreed Minute No 4 set out in Appendix 6 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 the Federative Republic of Brazil
 ---pagebreak--- 1 l /Nide 30                                           Euroopan yhteisöjen virallinen lehti                                                179
                                                                      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 he found in Annex I to the
                                                                      Agreement)
                                                     COMMUNITY QUANTITATIVE LIMITS
                        Category                        Unit                         1993             1994                 1995 <2)
                 1                        tonnes                                  35 837             36 446                37 066
                 2                        tonnes                                  22 231             22 453                22 678
                2(a )                     tonnes                                     4 709            4 789                 4 870
                 3                        tonnes                                     2 200            2 288                 2 3 80
                4                          1 000 pieces                           29 800             30 992                32 232
                 6 {')                    1 000 pieces                               3 113            3 238                 3 367
                 9                        tonnes                                     6 502            6 762                 7 033
             20                           tonnes                                     3 995            4 155                 4 321
             22                           tonnes                                   11 851            12 562                13316
             39                           tonnes                                    '3 167            3 357                 3 558
             46                           tonnes                                  18 352             19 453                20 620
             (') For the purpose of setting off exports against the agreed limits a conversion rate of five garments ( other than babies '
                   garments ) of a maximum commercial size of 130 cm , for three garments whose commercial size exceeds 130 cm may be
                   applied for up to 5% of the quantitative limits .
             ( : ) To be applied in case of automatic extension according to Article 17 ( 1 ).
                                                                      Appendix 3
                                                                Agreed Minute No 1
             In the context of the Agreement between the European Economic Community and the Federative
             Republic of Brazil on trade in textile and clothing products, initialled on 14 December 1992, the
             Parties agreed that Article 7 of the Agreement does not preclude the Community, if the conditions
             are fulfilled , from applying, in conformity with the principles of the internal market, the safeguard
             measures referred to in Article 7 for one or more of its regions .
             In such an event, Brazil 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 the Federative Republic of Brazil                              of the European Communities
 ---pagebreak--- 180                                  Euroopan yhteisöjen virallinen lehti                               11 /Nide 30
                                                  Appendix 4
                                             Agreed Minute No 2
    Notwithstanding Article 11 ( 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 11 ( 3 ), Brazil undertakes, if so requested by the Community, to respect
    temporary export limits for one or more regions of the Community. In such case, these limits shall
    not preclude the importation into the region(s) concerned of products which were shipped from
    Brazil on the basis of export licences obtained before the date of formal notification to Brazil by
    the Community about the introduction of the above limits .
    The Community shall inform Brazil 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 the Federative Republic of Brazil                  of the European Communities
                                                 Note verbale
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of the Federative Republic of Brazil to the European
    Communities and has the honour to refer to the Agreement on textile products negotiated
    between the Federative Republic of Brazil and the Community applied since 1 January 1987, as
    extended by the exchange of letters initialled on 27 February 1992 and as further extended by the
    exchange of letters of 14 December 1992 .
    The Directorate-General wishes to inform the Mission of the Federative Republic of Brazil 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 14 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 Federative Republic of Brazil to the European Communities the assurance of its
    highest consideration .
 ---pagebreak--- 1 l / Nide 30                                  Euroopan yhteisöjen virallinen lehti                                181
                                                           Appendix 5
                                                      Agreed Minute No 3
              In the context of the Agreement between the European Economic Community and the Federative
              Republic of Brazil on trade in textile and clothing products, initialled in Brussels on 14 December
              1992, the Parties agreed that Brazil 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 Brazil 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 the Federative Republic of Brazil                 of the European Communities
                                                           Appendix 6
                                                      Agreed Minute No 4
              In the context or the Agreement between the European Economic Community and the Federative
              Republic of Brazil on trade in textile and clothing products, applied since 1 January 1987, as
              extended by the exchange of letters initialled on 27 February 1992 and further extended by the
              exchange of letters initialled on 14 December 1992, Brazil agreed that, from the date of request
              for and pending the consultations referred to in Article 11 ( 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 the Federative Republic of Brazil                  of the European Communities
 ---pagebreak--- 182                                 Euroopan yhteisöjen virallinen lehti                               li / Nide 30
                                            Exchange of notes
    The Mission of the Republic of Brazil to the European Communities presents its compliments to
    the Directorate-General for Externa ! Relations of the Commission of the European Communities
    and has the honour to refer to the Director-General's, note of . .. regarding the Agreement on
    textile products between the Federative Republic of Brazil and the Community applied since
    1 January 1987, as extended Jby the exchange of letters initialled on 27 February 1992 and as
    further extended by the exchange of letters initialled on 14 December 1992 .
    The Mission of the Federative Republic of Brazil 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 the Federative Republic of Brazil 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 the Federative Republic of Brazil to the European Communities avails itself of this
    opportunity to renew to the Directorate-General for External Relations the assurance of its
    highest consideration .