CELEX: 21992A1231(37)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Uruguayn itäisen tasavallan välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

11 /Nide 30
292                                                 Euroopan yhteisöjen virallinen lehti
292A1231(37)
30.04.94                                 EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                        N:o L 110/275
                                                               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 produces, be
                      forwarded before the end of the month following the month to which the statistics
              2.4 .    Article 12 is replaced by the following:
                       ' 1 . The quantitative limits established under this Agreement on imports inm rk*
                               Community oi textile products of Uruguayan origin will not be broken down hv lu
                               Community into regional shares .
                         2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in
                               traditional
                               Community .
                                            trade flows resulting in regional concentration of direct imports into the
                          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 l.m.ts mto the Communt.y 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 Article 16 ( 1 );
                          ' 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 U
                           provisions of this Agreement shall be extended automatically for a period of one           t &
                           up to 31 December 1995, unless either Party notifies the other at least six months "^^
                           31 December 1994 that it does not agree with this extension. However, if the Agreement
 ---pagebreak--- Il / Nide 30                                      Euroopan yhteisöjen virallinen lehti                              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                                   Euroopan yhteisöjen virallinen lehti                                      1 l /Nide 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 Council
           of the Eastern Republic of Uruguay                       of the European Communities
 ---pagebreak--- Il /Nide 30                                    Euroopan yhteisöjen virallinen lehti                              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 1 987, 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 Je facto from 1 January 1993 . This is on the understanding that either Party
             may at anv 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                                     Euroopan yhteisöjen virallinen lehti                                 li /Nide 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 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--- Il /Nide 30                                     Euroopan yhteisöjen virallinen lehti                              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                                   Euroopan yhteisöjen virallinen lehti                                      11 /Nide 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 Council
           of the Eastern Republic of Uruguay                       of the European Communities
 ---pagebreak--- Il /Nide 30                                  Euroopan yhteisöjen virallinen lehti                                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 the Government                                 For the Council
                    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 .