CELEX: 21992A1231(37)
Language: sv
Date: 1993-12-02 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Republiken Uruguay om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

292                                            Europeiska gemenskapernas officiella tidning                                 U /Vol 30

292A1231(37)

30.04.94                               EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING                                   Nr L 1 10/275

                                                                AGREEMENT

               in the form of an exchange of letters amending the Agreement between the European Economic
                         Community and the Eastern Republic of Uruguay on trade in textile products

                                                                 Letter No 1

               Sir,

               1.          I have the honour to refer to the consultations held on 17 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 Eastern Republic of
                           Uruguay 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 which sets out the list of products to which the Agreement applies is replaced by
                           Appendix 1 .

               2.2.        Article 8 ( 6 ) and Protocol C to the Agreement are deleted.
               2.3 .       Article 9 (2) is replaced by the following:
                           'The information referred to in paragraph 1 shall, for all categories of products, be
                           forwarded before the end of the month following the month to which the statistics
                           relate .'

               2.4 .       Article 12 is replaced by the following:
                           ' 1 . The quantitative limits established under this Agreement on imports into the
                                 Community of textile products of Uruguayan origin will not be broken down by the
                                 Community into regional shares .
                            2 . The Parties shall cooperate in order tö prevent sudden and prejudicial changes in
                                traditional trade flows resulting in regional concentration of direct imports into the
                                 Community.

                            3 . Uruguay shall monitor its exports of products under restraint or surveillance into the
                                  Community. Should a sudden and prejudicial change in traditional trade flows arise,
                                  the Community will be entitled to request consultations in order to find a satisfactory
                                  solution to those problems . Such consultations must be held within 15 working days of
                                  their being requested by the Community.
                             4. Uruguay 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.'
                 25         Article 14 and all references to this Article in the Agreement are deleted.
                    2.6. The following is added at the beginning of Article 16 (1 ):
                         •1. Save where it is otherwise provided for in this Agreement, . .
                    2.7.
                                          ,          C Article 18 ( 1 ) is replaced by the following:
                            The second sentence of Article
                                                 u t-i         December 1994. Thereafter, the application of all the
                              It shall be applicable            ^ extended automatically for a period of one more year
                             provisions of this Agreement shall be Party notifies the other at least six months before
                             up to 31 December 1995, unless eitherh this extension. However, if the Agreement
                             31 December 1994 that it does not agree w.
 ---pagebreak--- 11 /Vol . 30                                Europeiska gemenskapernas officiella tidning                               293

                       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 .'

               2.8 .   The first sentence of Article 7 ( 1 ) of Protocol A is replaced by the following:
                       ' 1 . The export licence shall conform to the model annexed to this Protocol and it shall be
                           valid for exports throughout the customs territory to which the Treaty establishing the
                           European Economic Community is applied. However, where the Community has made
                           recourse to the provisions of Article 8 in accordance with the provisions of Agreed
                           Minute No 1 , or to Agreed Minute No 2, the textile products covered by the export
                           licences can only be put into free circulation in the region(s ) of the Community
                           indicated in those licences .'

               2.9 .   The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
                       following:
                       'The import authorizations shall be valid for six months from the date of their issue for
                       imports throughout the customs territory to which the Treaty establishing the European
                       Economic Community is applied . However, where the Community has recourse to the
                       provisions of Article 8 in accordance with the provisions of Agreed Minute No 1 , or to
                       Agreed Minute No 2, the products covered by the import licences can only be put into free
                       circulation in the regions(s) of the Community indicated in those licences .'

               2.10 . The second and fifth indents of Article 14 ( 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 . Agreed Minute No 1 set out in Appendix 2 to this letter shall form an integral part of the
                       Agreement.

               2.12 . Agreed Minute No 2 set out in Appendix 3 to this letter shall form an integral part of the
                       Agreement .

               2.13 . Agreed Minute No 3 set out in Appendix 4 to this letter shall form an integral part of the
                       Agreement.

               3.      The Parties agreed that this Agreement in the form of an exchange of letters shall enter into
                       force on the first day of the month following the day on which the Parties have notified
                       each other that the legal procedures necessary to this end have been completed .

                       The Parties also agreed that this Agreement in the form of an exchange of letters and the
                       amendments hereby to the Agreement of 1987, as extended, shall be applied provisionally
                       from 1 January 1993 .

               4.      I should be obliged if you kindly confirm the acceptance of your Government of the
                       foregoing.

               Please accept, Sir, the assurance of my highest consideration.

                                                                                        For the Council
                                                                                 of the European Communities
 ---pagebreak--- 294                               Europeiska gemenskapernas officiella tidning                                      11 /Vol . 30

                                                     Appendix 1

      (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                       16 to 42 )

                                                     Appendix 2

                                                Agreed Minute No 1
      In the context of the Agreement between the European Economic Community and the Eastern
      Republic of Uruguay on trade in textile and clothing products, initialled on 17 December 1992,
      the Parties agreed that Article 8 of the Agreement does not preclude the Community, if the
      conditions are fulfilled, from applying the safeguard measures for one or more of its regions in
      conformity with the principles of the internal market.
      In such an event, Uruguay 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 Eastern Republic of Uruguay                       of the European Communities

                                                      Appendix 3

                                                Agreed Minute No 2

      Notwithstanding Article 12 ( 1 ) of this Agreement, for imperative technical or administrative
      reasons or to find a solution to economic problems resulting from regional concentration of
      imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
      Community will establish for a limited period of time a specific management system in conformity
      with the principles of the internal market.
      However, if the Parties are unable to reach a satisfactory solution during the consultations
      provided for in Article 12 ( 3 ), Uruguay 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
      Uruguay on the basis of export licences obtained before the date of formal notification to
      Uruguay by the Community about the introduction of the above limits.
      The Community shall inform Uruguay 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 Cowicil
             of the Eastern Republic of Uruguay                       of the European Communities
 ---pagebreak--- 11 /Vol . 30                             Europeiska gemenskapernas officiella tidning                                 295

                                                             Note verbale

               The Directorate-General for External Relations of the Commission of the European Communities
               presents its compliments to the Mission of the Eastern Republic of Uruguay to the European
               Communities and has the honour to refer to the Agreement on textile products negotiated
               between the Eastern Republic of Uruguay and the Community applied since 1 January 1987, as
               extended by the exchange of letters initialled on 10 November 1991 and as further extended by
               the exchange of letters of 17 December 1992 .
               The Directorate-General wishes to inform the Mission of the Eastern Republic of Uruguay 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 17 December 1992. Consequently,
               the corresponding provisions of Articles 7 and 12 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 Eastern Republic of Uruguay to the European Communities the assurance of its
               highest consideration.

                                                              Appendix 4

                                                     Agreed Minute No 3
               In the context of the Agreement between the European Economic Community and the Eastern
               Republic of Uruguay on trade in textile and clothing products, applied since 1 January 1987, as
               extended by the exchange of letters initialled on 8 November 1991 and further extended by the
               exchange of letters initialled on 17 December 1992, Uruguay agreed that, from the date of request
               for and pending the consultations referred to in Article 12 ( 3 ), it shall cooperate by not issuing
               export licences that would further aggravate the problems resulting from the regional
               concentration of direct imports into the Community.

                             For the Government                                   For the Council
                     of the Eastern Republic of Uruguay                     of the European Communities

                                                       Exchange of notes
               The Directorate-General for External Relations of the Commission of the European Communities
               presents its compliments to the Mission of the Eastern Republic of Uruguay to the European
               Communities and has the honour to refer to the Agreement on textile products between the
               Eastern Republic of Uruguay and the Community applied since 1 January 1987, as extended by
               the exchange of letters initialled on 10 November 1991 and as further extended by the exchange
               of letters initialled on 17 December 1992 .
               The Directorate-General wishes to inform the Mission of the Eastern Republic of Uruguay 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 Eastern Republic of Uruguay to the European Communities the assurance of its
               highest consideration.
 ---pagebreak--- 296                                   Europeiska gemenskapernas officiella tidning                                 11 /Vol . 30

                                                       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 17 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 Eastern Republic of
                     Uruguay, 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 which sets out the list of products to which the Agreement applies is replaced
                     by Appendix 1 .

         2.2.        Article 8 ( 6 ) and Protocol C to the Agreement are deleted.

         2.3 .       Article 9 (2) is replaced by the following:
                     "The information referred to in paragraph 1 shall, for all categories of products, be
                     forwarded before the end of the month following the month to which the statistics
                     relate ."

         2.4 .       Article 12 is replaced by the following:
                     " 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Uruguayan 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 . Uruguay shall monitor its exports of products under restraint or surveillance into
                          the Community. Should a sudden and prejudicial change in traditional trade flows
                          arise, the Community will be entitled to request consultations in order to find a
                          satisfactory solution to those problems . Such consultations must be held within 15
                          working days of their being requested by the Community.
                     . 4 . Uruguay shall endeavour to ensure that exports of textile products subject to
                           quantitative limits into the Community are spaced out as evenly as possible over
                           the year due account being taken in particular of seasonal factors."
         2.5 . ■ Article 14 and all references to this Article in the Agreement are deleted .
         2.6.        The following is added at the beginning of
                     " 1 . Save where it is otherwise provided for in this Agreement, . . ."
         2.7.        The second sentence of Article 18 ( 1 ) is replaced by the following:
                     "It shall be applicable until 31 December 1994 . Thereafter, the application of all the
                     provisions of this Agreement shall be extended automatically for a period of one more
                     year up to 31" December 1 995, 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--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                                297

                  2.8 .   The first sentence of Article 7 ( 1 ) of Protocol A is replaced by the following:
                          " 1 . The export licence shall conform to the model annexed to this Protocol and it shall
                                be valid for exports throughout the customs territory to which the Treaty
                                establishing the European Economic Community is applied. However, where the
                                Community has made recourse to the provisions of Article 8 in accordance with
                                the provisions of Agreed Minute No 1 , or to Agreed Minute No 2, the textile
                                products covered by the export licences can only be put into free circulation in the
                                region(s) of the Community indicated in those licences."
                  2.9 .   The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
                          following:
                          "The import authorizations shall be valid for six months from the date of their issue for
                          imports throughout the customs territory to which the Treaty establishing the European
                          Economic Community is applied . However, where the Community has recourse to the
                          provisions of Article 8 in accordance with the provisions of Agreed Minute No 1, or to
                          Agreed Minute No 2 , the products covered by the import licences can only be put into
                          free circulation in the region(s ) of the Community indicated in those licences."
                  2.10. The second and fifth indents of Article 14 (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 . Agreed Minute No 1 set out in Appendix 2 to this letter shall form an integral part of
                         the Agreement.
                  2.12 . Agreed Minute No 2 set out in Appendix 3 to this letter shall form an integral part of
                         the Agreement.
                  2.13 . Agreed Minute No 3 set out in Appendix 4 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 Eastern Republic of Uruguay
 ---pagebreak--- 298                               Europeiska gemenskapernas officiella tidning                                      1 1 /Vo . 30

                                                     Appendix 1

      (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                       16 to 42 )

                                                     Appendix 2

                                               Agreed Minute No 1
      In the context of the Agreement between the European Economic Community and the Eastern
      Republic of Uruguay on trade in textile and clothing products, initialled on 17 December 1992,
      the Parties agreed that Article 8 of the Agreement does not preclude the Community, if the
      conditions are fulfilled, from applying the safeguard measures for one or more of its regions in
      conformity with the principles of the internal market.
      In such an event, Uruguay 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 Conncil
            of the Eastern Republic of Uruguay                       of the European Communities

                                                     Appendix 3

                                               Agreed Minute No 2
      Notwithstanding Article 12 ( 1 ) of this Agreement, for imperative technical or administrative
      reasons or to find a solution to economic problems resulting from regional concentration of
      imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
      Community will establish for a limited period of time a specific management system in conformity
      with the principles of the internal market.
      However, if the Parties are unable to reach a satisfactory solution during the consultations
      provided for in Article 12 ( 3 ), Uruguay 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
      Uruguay on the basis of export licences obtained before the date of formal notification to
      Uruguay by the Community about the introduction of the above limits .
      The Community shall inform Uruguay 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 Eastern Republic of Uruguay                      of the European Communities
 ---pagebreak--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                               299

                                                          Note verbale

               The Directorate-General for External Relations of the Commission of the European Communities
               presents its compliments to the Mission of the Eastern Republic of Uruguay to the European
               Communities and has the honour to refer to the Agreement on textile products negotiated
               between the Eastern Republic of Uruguay and the Community applied since 1 January 1987, as
               extended by the exchange of letters initialled on 10 November 1991 and as further extended by
               the exchange of letters of 17 December 1992 .
               The Directorate-General wishes to inform the Mission of the Eastern Republic of Uruguay 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 17 December 1992. Consequently,
               the corresponding provisions of Articles 7 and 12 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 opportunty to renew to the
               Mission of the Eastern Republic of Uruguay to the European Communities the assurance of its
               highest consideration.

                                                             Appendix 4

                                                      Agreed Minute No 3
               In the context of the Agreement between the European Economic Community and the Eastern
               Republic of Uruguay on trade in textile and clothing products , applied since 1 January 1987, as
               extended by the exchange of letters initialled on 8 November 1991 and further extended by the
               exchange of letters initialled on 17 December 1992 , Uruguay agreed that, from the date of request
               for and pending the consultations referred to in Article 12 ( 3 ), it shall cooperate by not issuing
               export licences that would further aggravate the problems resulting from the regional
               concentration of direct imports into the Community.

                               For tbe Government                                For tbe Coiincil
                        of the Eastern Republic of Uruguay                 of the European Communities

                                                       Exchange of notes
               The Mission of the Eastern Republic of Uruguay to the European Communities presents its
               compliments to the Directorate-General for External Relations of the Commission of the
               European Communities and has the honour to refer to the Director-General's note of . . .
               regarding the Agreement on textile products between the Eastern Republic of Uruguay and the
               Community applied since 1 January 1987, as extended by the exchange of letters initialled on
               10 November 1991 and as further extended by the exchange of letters initialled on 17 December
               1992 .

               The Mission of the Eastern Republic of Uruguay 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 Eastern Republic of Uruguay 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 Eastern Republic of Uruguay to the European Communities avails itself of this
               opportunity to renew to the Directorate-General for External Relations the assurance of its
               highest consideration.