CELEX: 31972D0212
Language: en
Date: 1971-12-20 00:00:00
Title: Council Decision of 20 December 1972 on the conclusion of an Agreement between the European Economic Community and the Government of Japan on trade in cotton textiles

Official Journal of the European Communities                                    317
12.6.72                              Official Journal of the European Communities                            NoL 134/31
                                                 COUNCIL DECISION
                                                  of 20 December 1971
               on the conclusion of an Agreement between the European Economic Community and the
                                     Government ofJapan on trade in cotton textiles
                                                      (72/212/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        relating thereto, is concluded on behalf of the European
                                                                Economic Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof;                                                        The texts of the Agreement and of the Exchanges of
                                                                Letters are annexed to this Decision.
Having regard to the Recommendation of the Commis­
sion;
Whereas by a Decision of 6 February 1970 the Council                                     Article 2
authorised the Commission to conduct bilateral negotia­
tions with certain third countries on behalf of the Euro­       The President of the Council is hereby authorized to de­
                                                                signate the person empowered to sign the texts referred
pean Economic Community in connection with the re­
                                                                to in Article 1 and to confer on him the powers required
newal of the Long-Term Arrangement regarding trade in
cotton textiles ;
                                                                in order to bind the Community.
Whereas a draft Agreement between the European Econ­
omic Community and the Government of Japan has
been drawn up which is acceptable to the Community,
                                                                Done at Brussels, 20 December 1971 .
HAS DECIDED AS FOLLOWS :
                        Article 1                                                                   For the Council
An Agreement with the Government of Japan on trade in                                                 The President
cotton textiles, together with the Exchanges of Letters                                                M. PEDINI
 ---pagebreak---   318                                      Official Journal of the European Communities
                                                               Agreement
                between the European Economic Community and the Government of Japan on trade in cotton textiles
                THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, and
                THE GOVERNMENT OF JAPAN, of the other part,
                 DESIRING to ensure the development of the trade in cotton textiles between Japan and the European
                 Economic Community (hereinafter called the ' Community') in an orderly manner in accordance with
                 the provisions of the Long-Term Arrangement regarding international trade in cotton textiles
                (hereinafter called the 'Geneva Arrangement') and in particular Article 4 thereof;
                HAVE AGREED , in a spirit of mutual cooperation, as follows :
                            Article 1                                   to avoid excessive concentration of trade in certain prod­
                                                                        ucts .
 This Agreement shall apply to the cotton textiles origi­
  nating in and coming from Japan and listed in the Annex               If, in one of the yearly periods, the Community finds that
  to the Agreement.                                                     deliveries of certain products for which no specific ceil­
                                                                        ing has been fixed have rapidly and substantially in­
                           Article 2
                                                                        creased, it may request that a specific ceiling be fixed.
 For the duration of the Agreement and by virtue of the                 Where such a request is made consultations shall be init­
 provisions contained therein or annexed thereto, the                   iated between the two Parties without delay in order to       %
 Community undertakes not to introduce new quantita­                    agree upon the specific ceiling for the product in question .
 tive restrictions and to suspend the application of those
 at present in force and agrees not to invoke the provi­
 sions of Article 3 of the Geneva Arrangement so long as                                           Article 4
 imports into the Community of cotton textiles originat­
 ing in and coming from Japan do not exceed the agreed                  1 . Up to 10% of the quantity fixed for Group II may be
 quantities.                                                           transferred to Group 1 .
                                                                       An unused quantity within a specific ceiling may be
The Government of Japan undertakes to take appro­                      transferred to another specific ceiling, up to 10% of the
priate measures to ensure that the agreed ceilings are                 specific ceiling to which the transfer is made.
observed and to cooperate with the Community in im­
plementing the measures recognized as necessary to that                An unused quantity within a specific ceiling may be as­
end.                                                                   signed within the category to other products not subject
                                                                       to specific ceilings.
                           A rticle 3
(a) Overall ceiling                                                    2. A quantity within the ceiling for one of the two
                                                                       groups of categories which has not been used during a
The agreed total annual quantity for the duration of the               yearly period may, within a limit of 10% of the ceiling in
Agreement shall be 12 745 metric tons.                                 question, be carried forward and added to the ceiling for
                                                                       the same group for the following yearly period, provided
(b) Ceilings by groups of categories                                   that the unused quantity has not been transferred or car­
The total annual quantity shall be divided between the                 ried forward to another head.
two groups of categories of products as follows :
                                                                       An unused quantity within a specific ceiling may , within
Group I                                                                a limit of 10% of the ceiling in question, be carried for­
                                                                       ward and added to the same specific ceiling for the fol­
                                                   Metric tons
                                                                       lowing yearly period, provided that the unused quantity
Woven fabrics of cotton, unbleached or                                 has not been transferred or carried forward to another
bleached, whether or not mercerized                    5 910           head.
Group II                                                               3. Within a limit of 10% of each of the agreed ceilings,
                                                                       advance deliveries shall, if the Government of Japan so
Other woven fabrics of cotton, made-up
articles and miscellaneous
                                                                       requests in writing in good time, be authorized against
                                                                       the ceilings established for the following yearly period;
articles of cotton                                     6 835
                                                                       the Government of Japan shall, however, endeavour to
                                                                       ensure that exports of cotton textiles of all categories are
(c) Specific ceilings                                                  phased as evenly as possible over each yearly period, due
Within the ceilings by groups categories established                   account being taken, in particular, of seasonal factors.
under (b), specific ceilings may be agreed on the basis of             Amounts delivered in advance shall be deducted from
the list of products annexed to this Agreement, in order               the ceilings for the following yearly period.
 ---pagebreak---                                         Official Journal of the European Communities                                        319
                         Articles                                                           Articles
The two Parties hereby agree that the ceilings shown in            The two Parties undertake to consult each other, at the
the Agreement shall be administered under dual super­              request of either and at least once a year, on all problems
vision.                                                            arising out of the implementation of the Agreement.
                          Articled
                                                                                             Article 9
The two Parties hereby agree to exchange all informa­
tion on exports of cotton textiles from Japan to the               This Agreement shall enter into force on the date of its
Community and on the corresponding imports into the                signature and shall apply from 1 October 1970 for three
Community. Each Party shall, for the purposes of the               years .
Agreement, apply the classification, at its disposal and
shall cooperate with the other Party in facilitating com­          Either Party may denounce the Agreement by giving no­
parison of the information supplied.                               tice to that effect at least 120 days before the expiry of
                                                                   any yearly period. In that event it shall expire at the end
                                                                   of that period.
                         Article 7
If the Community should inform the Government of                   The Annex to this Agreement shall form an integral part
                                                                   thereof.
Japan that the application of the Agreement has given
rise to difficulties affecting maintenance of trade rela­
                                                                                            Article 10
tions between importers in the Community and their
suppliers in Japan, the two Parties shall consult each             This Agreement is drawn up in two copies m the Dutch,
other to determine what measures are necessary to en­              French, German, Italian and Japanese languages, each
sure that these trade relations aire maintained.                   of these texts being equally authentic.
 ---pagebreak--- 320                   Official Journal of the European Communities
                                             ANNEX
    LIST OF COTTON TEXTILE PRODUCTS REFERRED TO IN ARTICLE 1 OF THE AGREEMENT
         Group of
         categories      Categories                            Description of products
        GROUP I                         WOVEN FABRICS OF COTTON, UNBLEACHED OR
                                        BLEACHED, WHETHER OR NOT MERCERIZED
                           B            WOVEN FABRICS OF COTTON, UNBLEACHED
                           B 1          Terry towelling and similar terry fabrics
                          B 2           Woven fabrics other than gauze or terry towelling and simi­
                                        lar terry fabrics, containing less than 8S % by 'weight of
                                        cotton
                          B 3           Woven fabrics other than gauze or terry towelling and simi­
                                        lar terry fabrics, containing 85% or more by weight of cot­
                                       ton, plain weave, weighing more than 70 g but not more
                                       than 130 g/m2, of a width of more than 1 IS cm but not more
                                       than 165 cm, made only with a yarn numbered less than
                                        55 000 m/kg (English number 32)
                          B 4          Woven fabrics other than gauze or terry towelling and simi­
                                       lar terry fabrics,  containing 85% or more by weight of cot­
                                       ton, plain weave, weighing not more than 130 g/m2 other
                                       than those under B 3
                          B 5          Woven fabrics other than gauze or terry towelling and simi­
                                       lar terry fabrics, containing 85% or more by weight of cot­
                                       ton, plain weave, of a cotton weight of more than 130 g but
                                       not more than 200 g/m2, of a width of at least 85 cm but not
                                       more than 1 15 cm
                          B 6          Woven fabrics other than gauze or terry towelling and simi­
                                       lar terry fabrics, containing 85% or more by weight of cot­
                                       ton, plain weave, weighing more than 130 g but not more
                                       than 200 g/m2 of a width of more than 115 cm
                          B 7          Woven fabrics other than gauze or terry towelling and simi­
                                       lar tory fabrics, containing 85% or more by weight of cot­
                                       ton, of a width of at least 85 cm, other than plain weave
                          B 8         Other woven fabrics
                          C            WOVEN FABRICS OF COTTON OTHER THAN UN­
                                       BLEACHED
                          C I         Bleached, whether or not mercerized
       GROUP Π                        OTHER WOVEN FABRICS OF COTTON, MADE-UP
                                      ARTICLES AND MISCELLANEOUS ARTICLES OF
                                      COTTON
                          C 2         Gauze other than unbleached or bleached
                          C 3         Terry towelling and similar terry fabrics, other than un­
                                      bleached or bleached
                          C4          Woven pile fabrics and chenille fabrics (other than terry
                                      towelling or similar terry fabrics of cotton falling within
                                      heading No 55.08 and fabrics falling within beading No 58.05)
                          C 5         Woven fabrics other than gauze or terry towelling and simi­
                                      lar terry fabrics, dyed
                          C 6         Woven fabrics other than gauze or terry towelling and simi­
                                      lar terry fabrics, printed
                         C 7          Woven fabrics other than gauze or terry towelling and simi­
                                      lar terry fabrics, made with yarns of various colours
 ---pagebreak---                               Official Journal of the European Communities                                     321
       Group of                 Categories                              Description of products
       categories
                                  D              MADE-UP HOUSEHOLD ARTICLES OF COTTON
                                  D 1            Bed linen
                                  D 2            Tablé linen
                                  D 3            Terry toilet linen and terry kitchen linen
                                  D 4            Other household articles
                                  E              ARTICLES OF APPAREL OF COTTON
                                  E 1            Gloves, mittens and mitts, knitted or crocheted, not elastic
                                                 or rubberized
                                  E 2            Undergarments, knitted or crocheted, not elastic .or rubberi­
                                                 zed
                                  E 3            Outer garments and other articles, knitted or crocheted,
                                                 not elastic or rubberized . Articles other than knitted or
                                                 crocheted fabrics, elastic or rubberized
                                  E 4            Men's and boy's trousers and breeches of woven fabric
                                  E 5            Men's and boys' other outer garments of woven fabric
                                  E 6            Women's, girls' and infants' outer garments of woven
                                                 fabric
                                  E 7            Men's and boys' shirts of woven fabric
                                  E 8            Men's and boys' other undergarments of woven fabric
                                  E 9            Women's, girls ' and infants ' undergarments of woven fabric
                                  E 10           Handkerchiefs
                                  E 11           Other articles of apparel and clothing accessories
     GROUP III                    F              MISCELLANEOUS FABRICS AND MADE-UP ARTIC­
                                                 LES OF COTTON
                                  F 1            Travelling rugs and blankets
                                  F 2            Floorcloths , dishcloths, dusters and the like
                                  F 3            Pneumatic mattresses
                                  F 4            Other
Letter No 1 — 1 With reference to Article 1 of the ' Geneva Arrangement' ( without prejudice)
                  2 The state of liberalization and the 105% clause
Letter No 2 — Area of application
Letter No 3 — 1 Re-exportation
                  2 Transit (freedom of trade)
Letter No 4 — Correlation table
 ---pagebreak--- 322                                 Official Journal of the European Communities
                                                         Letter No 1
                                                                                    Brussels,
     Your Excellency,
     At the conclusion of the negotiations between the Government of Japan and the European Economic
     Community which led to the signature, on                               of the Agreement on Trade in Cotton
     Textiles, I have the honour to confirm that the two Parties have agreed as follows :
     1 . The Community notes that this Agreement is concluded within the framework of the Geneva Ar­
          rangement. Its special procedures are, therefore, intended to solve the specific problems of cotton tex­
          tiles and in no way prejudice the solution of problems which may arise in other sectors.
     2. No provision of the Agreement shall be interpreted as affecting the present state of Uberalization of
          cotton textile products between Member States of the Community and Japan.
     3. It is understood that the Community will request the fixing of a specific ceiling under Article 3 (c) of
          the Agreement only where a rapid and substantial increase in deliveries of the products in question
          causes, qr threatens to cause, disturbance of the market
     Pending the conclusion of the consultations provided for in the abovementioned Article, the Govern­
     ment of Japan will, from the date of the request, maintain its exports erf* the products in question at a
     level corresponding, pro rata temporis, to 105% of exports during the most recent twelve-month period
     for which statistics are available.                                                              »
     I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
     Please accept, Your Excellency, the assurance of my highest consideration.
                                               On behalfofthe Council ofthe
                                                   European Communities
    To His Excellency
    Mr Isao Abe,
     Head of the Japanese Mission
    to the European Communities
                                                         Letter Nol
                                                                                        Brussels,
    Sir,
    I have the honour to acknowledge receipt of your letter of today's date in the following terms:
         'At the conclusion of the negotiations between the Government of Japan and the European Economic
          Community which led to the signature, on                           of the Agreement on Trade in Cotton
         Textiles, I have the honour to confirm that the two Parties have agreed as follows:
          1 . The Community notes that this Agreement is concluded within the framwork of the Geneva Ar­
              rangement. Its special procedures are, therefore, intended to solve the specific problems of cotton
              textiles and in no way prejudice the solution of problems which may arise in other sectors.
         2. No provision of the Agreement shall be interpreted as affecting the present state of Uberalisation of
              cotton textile products between Member States of the Community and Japan.
         3. It is understood that the Community will request the fixing of a specific ceiling under Article 3 (c)
              of the Agreement only where a rapid and substantial increase in deliveries of die products in ques­
              tion causes, or threatens to cause, disturbance of the market.
         Pending the conclusion of the consultations provided for in the above mentioned Article, the Govern­
         ment of Japan will, from the date of the request, maintain its exports of the products in question at a
         level corresponding, pro rata temporis, to 103% of exports during the most recent twelve-month
         period for which statistics are available.
        I shall be obliged if you will confirm that your Government is in agreement with the contents of this
         letter.
         Please accept, Your Excellency, the assurance of my highest consideration.'
    I have the honour to confirm that the Government of Japan is in agreement with the contents of the
    above letter.
    Please accept, Sir, the assurance of my highest consideration.
                                               Head ofthe Japanese Mission
                                               to the European Communities
    To Mr.
 ---pagebreak---                              Official Journal of the European Communities                                    323
                                                  Letter No 2
                                                                                Brussels,
Your Excellency,
At the conclusion of the negotiations between the Government of Japan and the European Economic
Community which led to the signature, on                       of the Agreement on Trade in Cotton Tex­
tiles, 1 have the honour to confirm that the two Parties have agreed as follows:
Benelux
As regards the Kingdom of the Netherlands this Agreement shall apply only to the European territory
of that Kingdom.
I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                          On behalfofthe Council of
                                          the European Communities
To His Excellency
Mr Isao Abe,
Head of the Japanese Mission
to the European Communities
                                                 Letter No 2
                                                                                 Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today's date in the following terms :
    'At the conclusion of the negotiations between the Government ofJapan and the European Economic
    Community which led to the signature, on                        of the Agreement on Trade in Cotton
    Textiles, I have the honour to confirm that the two Parties have agreed as follows:
    Benelux
  • As rqpirds the Kingdom of the Netherlands this Agreement shall apply only to the European territory
    ofthat Kingdom.
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this
    letter.
    Please accept, Your Excellency, the assurance of my highest consideration.'
I have the honour to comfinn that the Government of Japan is in agreement with the contents of the
above letter.
Please accept, Sir, the assurance of my highest consideration.
                                         Head ofthe Japanese Mission
                                        to the European Communities
To Mr
 ---pagebreak--- 324                                   Official Journal of the European Communities
                                                           Letter No 3
                                                                                          Brussels,.,
     Your Excellency,
     At the conclusion of the negotiations between the Government of Japan and the European Economic
     Community which led to the signature, on                             of the Agreement on Trade in.Cotton Tex­
     tiles, I have the honour to comfirm that the two Parties have agreed as follows :
      1 . All exports to the Community shall be counted against the agreed ceilings. If additional supplies are
           required for re-exportation to third countries after processing, the authorities of the Member States of
           the Community may issue special import authorisations for which corresponding export licences will
           be issued without the amount being counted against the agreed ceilings.
           The Commission will inform the Government of Japan thereof each quarter.
     2. The Agreement shall in no way impede merchants in Community countries from freely engaging, as
          they have done in the past, in trade with third countries.
          This principle shall apply not only to business carried out under transit arrangements but also to
           transactions involving goods that do not enter the customs territory of the Community .
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this letter.
    Please accept, Your Excellency, the assurance of my highest consideration.
                                                   On behalfofthe Council of
                                                   the European Communities
    To His Excellency
    Mr Isao Abe,
    Head of the Japanese Mission
    to the European Communities
                                                          Letter No 3
                                                                                         Brussels ,
    Sir,
    I have the honour to acknowledge receipt of your letter of today's date in the following terms :
          'At the conclusion of the negotiations between the Government of Japan and the European Economic
           Community which led to the signature, on                           of the Agreement on Trade in Cotton
           Textiles, I have the honour to confirm that the two Parties have agreed as follows :
           1 . All exports to the Community shall be counted against the agreed ceilings. If additional supplies
               are required for re-exportation to third countries after processing, the authorities of the Member
               States of the Community may issue special import authorisations for which corresponding export
                licences will be issued without the amount being counted against the agreed ceilings.
               The Commission will inform the Government of Japan thereof each quarter.
          2. The Agreement shall in no way impede merchants in Community countries from freely engaging,
               as they have done in the past, in trade with third countries.
               This principle shall apply not only to business carried out under transit arrangements but also to
               transactions involving goods that do not enter the customs territory of the Community .
          I shall be obliged if you will confirm that your Government is in agreement with the contents of this
           letter.
          Please accept, Your Excellency, the assurance of my highest consideration.'
    I have the honour to confirm that the Government of Japan is in agreement with the contents of the
    above letter.
    Please accept, Sir, the assurance of my highest consideration.
                                                 Head ofthe Japanese Mission
                                                 to the European Communities
    To Mr
 ---pagebreak---                              Official Journal of the European Communities                                    325
                                                 LetterNo 4
                                                                                 Brussels,
Your Excellency,
At the conclusion of the negotiations between the Government of Japan and the European Economic
Community which led to the signature, an                        of the Agreement an Trade in Cotton Tex­
tiles, I have the honour to confirm that the two Parties have agreed as follows:
A correlation table betweeen the list of cotton textile products referred to in Article 1 of the Agreement
and the list of corresponding headings under NIMEXE will be prepared by expats of both Parties as
soon as possible.
I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                          On behalfofthe Council of
                                         the European Communities
To His Excellency
Mr Isao Abe,
Head of the Japanese Mission
to the European Communities
                                                 Letter No 4
                                                                                 Brussels,
    Sir,
    I have the honour to acknowledge receipt ofyour letter oftoday's dale in the following terms:
    'At the conclusion of the negotiations between the Government ofJapan and the European Economic
    Community which led to the signature,       on                  of the Agreement on Trade in Cotton
    Textiles, I have the honour to confirm that the two Parties have agreed as follows:
    A correlation table between the list of cotton textile products referred to in Article 1 of the Agree­
    ment and the list of corresponding headings under NIMEXE will be prepared by experts of both Parties
    as soon as possible.
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this
    letter.
    Please accept, Your Excellency, the assurance ofmy highest consideration.'
I have the honour to confirm that the Government of Japan is in agreement with the contents of the
above letter.
Please accept, Sir, the assurance of my highest consideration.
                                         Heades theJapanese Mission
                                        to the European Communities
To Mr
Notice relating to the Agreement between the European Economic Community and the Gobi—at of
                                       Japan on trade m cotton tones
The Agreement between the European Economic Community and the Government of Japan on trade in
cotton textiles which the Council decided to conclude on 20 December 1971, was signed at Brussels on
 7 February 1972. In accordance with Article 9 thereof the Agreement entered into force on the day of
 its signature.
The Agreement was signed on behalf of the Council of the European Communities by Mr Wolfgang
Ernst, Director in the Directorate-General for External Trade of the Commission of the European
Communities.
and on behalfof the Government ofJapan by His Excellency, Mr Isao Abe, Ambassador Extraordinary
and Plenipotentiary, Head of the Japanese Mission to the European Communities.