CELEX: 21992A1231(26)
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 Argentina om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

11 /Vol. 30                                  Europeiska gemenskapernas officiella tidning                                   143

292A 123 1(26)

Nr L 110/ 126                        EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING                                       30.04.94

                                                             AGREEMENT

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

                                                               Letter No 1

                 Sir,

                 1.      I have the honour to refer to the consultations held on 18 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 Republic of Argentina
                         applied since 1 January 1987, as extended by the exchange of letters applied since
                         1 January 1992 ( hereinafter 'the Agreement').

                 2.      As a result of these consultations, both Parties agreed to amend the following provisions of
                         the Agreement:

                 2.1 .   Annex I and Annex II which set out the products concerned by the Agreement and the
                         quantitative restrictions for exports from the Republic of Argentina to the European
                         Economic Community, are replaced for the period 1 January 1993 to 31 December 1994
                         by Appendix 1 and Appendix 2 to this letter, respectively .
                 2.2 .   Article 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 Argentine 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 . Argentina 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. Argentina shall endeavour to ensure that exports of textile products subject to
                            quantitative limits into the Communtiy are spaced out as evenly as possible over the
                            year due account being taken in particular of seasonal factors.'

                 2.5 .   Article 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 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
 ---pagebreak--- 144                                  Europeiska gemenskapernas officiella tidning                             11 /Vol . 30

              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 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 3 to this letter shall form an integral part of the
              Agreement.

      2.12. Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of the
              Agreement.

      2.13 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of the
              Agreement.

      2.14. Agreed Minute No 4 set out in Appendix 6 to this letter shall form an integral part of the
              Agreement.

      3.      The Parties agreed that this Agreement in the form of an exchange of letters shall enter into
              force on the first day of the month following the day on which the Parties have notified
              each other that the legal procedures necessary to this end have been completed .
              The Parties also agreed that this Agreement in the form of an exchange of letters and the
              amendments hereby to the Agreement of 1987, as extended , shall be applied provisionally
              from 1 January 1993 .

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

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

                                                                                For the Council
                                                                        of the European Communities
 ---pagebreak--- 11 /Vol . 30                                    Europeiska gemenskapernas officiella tidning                                 145

                                                                Appendix 1

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

                                                                Appendix 2

                                                                ANNEX II

               (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                               Agreement)

                                                  COMMUNITY QUANTITATIVE LIMITS

                      Category                       Unit                     1993              1994           1 995

               1                       tonnes                                 4 246            4 331          4 418

               2                       tonnes                                 6 294             6 401         6 510

               of which 2 (a)          tonnes                                 5 728            5 825          5 924

               46                      tonnes                             19 579              20 754         21 999 ,

                                                                Appendix 3

                                                            Agreed Minute No 1

               In the context of the Agreement between the European Economic Community and the Republic of
               Argentina on trade in textile and clothing products, initialled on 18 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, Argentina 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 Republic of Argentina                               of the European Communities
 ---pagebreak--- 146                                Europeiska gemenskapernas officiella tidning                             11 /Vol . 30

                                                   Appendix 4

                                              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 ), Argentina undertakes, if so requested by the Community, to respect
      temporary export limits for one or more regions of the Community. In such a case , these limits
      shall not preclude the importation into the region(s ) concerned of products which were shipped
      from Argentina on the basis of export licences obtained before the date of formal notification to
      Argentina by the Community about the introduction of the above limits.

      The Community shall inform Argentina 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 Republic of Argentina                     of the European Communities

                                                  Note verbale

      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of the Republic of Argentina to the European
      Communities and has the honour to refer to the Agreement on textile products negotiated
      between the Republic of Argentina and the Community applied since 1 January 1987, as extended
      by the exchange of letters initialled on 24 September 1991 and as further extended by the
      exchange of letters of 18 December 1992.

      The Directorate-General wishes to inform the Mission of the Republic of Argentina 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 18 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 Republic of Argentina to the European Communities the assurance of its highest
      consideration .
 ---pagebreak--- 11 /Vol. 30                             Europeiska gemenskapernas officiella tidning                                147

                                                         Appendix 5

                                                    Agreed Minute No 3

              In the context of the Agreement between the European Economic Community and the Republic of
              Argentina on trade in textile and clothing products, initialled in Brussels on 18 December 1992,
              the Parties agreed that Argentina shall endeavour not to deprive certain regions of the Community
              which have traditionally had relatively small shares of Community quotas of imports of products
              serving as inputs for their processing industry.

              The Community and Argentina further agreed to hold consultations, should the need arise, in
              order to avert any problems which might occur in this respect.

              The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
              Agreement on this subject.

                            For the Government                                  For the Council
                       of the Republic of Argentina                     of the European Communities

                                                         Appendix 6

                                                    Agreed Minute No 4

              In the context of the Agreement between the European Economic Community and the Republic of
              Argentina on trade in textile and clothing products, applied since 1 January 1987, as extended by
              the exchange of letters initialled on 24 September 1991 and further extended by the exchange of
              letters initialled on 18 December 1992, Argentina 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 Republic of Argentina                    of the European Communities
 ---pagebreak--- 148                              Europeiska gemenskapernas officiella tidning                             11 /Vol . 30

                                                 Exchange of notes
      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of the Republic of Argentina to the European
      Communities and has the honour to refer to the Agreement on textile products between the
      Republic of Argentina and the Community applied since 1 January 1987, as extended by the
      exchange of letters initialled on 24 September 1991 and as further extended by the exchange of
      letters initialled on 18 December 1992 .

      The Directorate-General wishes to inform the Mission of the Republic of Argentina 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 gratefui 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 Republic of Argentina to the European Communities the assurance of its highest
      consideration .
 ---pagebreak--- 11 /Vol . 30                                  Europeiska gemenskapernas officiella tidning                                 149

                                                                Letter No 2

               Sir,

               I have the honour to acknowledge receipt of your letter of . . . 1992, which reads as follows:

                      'Sir,

                      1.      I have the honour to refer to the consultations held on 18 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 Republic of Argentina ,
                              applied since 1 January 1987, as extended by the exchange of letters applied since
                              1 January 1992 ( hereinafter "the Agreement").

                      2.      As a result of these consultations, both Parties agreed to amend the following provisions
                              of the Agreement:
                      2.1 .   Annex I and Annex II which set out the products concerned by the Agreement and the
                              quantitative restrictions for exports from the Republic of Argentina to the European
                              Economic Community, are replaced for the period 1 January 1993 to 31 December
                              1994 by Appendix 1 and Appendix 2 to this letter, respectively.
                      2.2 .   Article 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 Argentine 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 . Argentina 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 . Argentina 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--- 150                                   Europeiska gemenskapernas officiella tidning                              11 / Vol . 30

          2.8 .   The first sentence of Artide 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 the Agreed Minute No 1 , or to the 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 3 to this letter shall form an integral part of
                 the Agreement.
          2.12 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of
                 the Agreement.
          2.13 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of
                  the Agreement.
          2.14 . Agreed Minute No 4 set out in Appendix 6 to this letter shall form an integral part of
                  the Agreement.
          3.      The Parties agreed that this Agreement in the form of an exchange of letters shall enter
                  into force on the first day of the month following the day on which the Parties have
                  notified each other that the legal procedures necessary to this end have been
                  completed .
                  The Parties also agreed that this Agreement in the form of an exchange of letters and
                  the amendments hereby to the Agreement of 1987, as extended , shall be applied
                  provisionally from 1 January 1993 .

          4.      I should be obliged if you kindly confirm the acceptance of your Government of the
                  foregoing.
                  Please accept, Sir, the assurance of my highest consideration.'
      I have the honour to confirm that my Government is in agreement with the contents of your
      letter.

      Please accept, Sir, the assurance of my highest consideration.
                                                                             For the Government
                                                                         of the Republic of Argentina
 ---pagebreak--- 11 /Vol . 30                                Europeiska gemenskapernas officiella tidning                                     151

                                                              Appendix 1

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

                                                              Appendix 2

                                                               ANNEX II

               (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                               Agreement)

                                                COMMUNITY QUANTITATIVE LIMITS

                      Category                    Unit                       1993             1994             1995

               1                       tonnes                               4 246             4 331            4418
               2                       tonnes                                6 294            6 401            6510

               of which 2 (a )         tonnes                                5 728            5 825            5 924
               46                      tonnes                               19 579           20 754          21 999

                                                               Appendix 3

                                                         Agreed Minute No 1

               In the context of the Agreement between the European Economic Community and the Republic of
               Argentina on trade in textile and clothing products, initialled on 18 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, Argentina 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 Republic of Argentina                              of the European Communities
 ---pagebreak--- 152                               Europeiska gemenskapernas officiella tidning                              11 /Vol. 30

                                                  Appendix 4

                                             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 ), Argentina undertakes, if so requested by the Community, to respect
      temporary export limits for one or more regions of the Community. In such a case, these limits
      shall not preclude the importation into the region(s) concerned of products which were shipped
      from Argentina on the basis of export licences obtained before the date of formal notification to
      Argentina by the Community about the introduction of the above limits.

      The Community shall inform Argentina 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 Republic of Argentina                    of the European Communities

                                                 Note verbale

      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of the Republic of Argentina to the European
      Communities and has the honour to refer to the Agreement on textile products negotiated
      between the Republic of Argentina and the Community applied since 1 January 1987, as extended
      by the exchange of letters initialled on 24 September 1991 and as further extended by the
      exchange of letters of 18 December 1992 .

      The Directorate-General wishes to inform the Mission of the Republic of Argentina 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 18 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 Republic of Argentina to the European Communities the assurance of its highest
      consideration.
 ---pagebreak--- 11 /Vol . 30                             Europeiska gemenskapernas officiella tidning                                153

                                                          Appendix S

                                                     Agreed Minute No 3

               In the context of the Agreement between the European Economic Community and the Republic of
               Argentina on trade in textile and clothing products, initialled in Brussels on 18 December 1992,
               the Parties agreed that Argentina shall endeavour not to deprive certain regions of the Community
               which have traditionally had relatively small shares of Community quotas of imports of products
               serving as inputs for their processing industry .

               The Community and Argentina further agreed to hold consultations, should the need arise, in
               order to avert any problems which might occur in this respect.

               The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
               Agreement on this subject.

                             For the Government                                 For the Council
                        of the Republic of Argentina                     of the European Communities

                                                          Appendix 6

                                                     Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and the Republic of
               Argentina on trade in textile and clothing products, applied since 1 January 1987, as extended by
               the exchange of letters initialled on 24 September 1991 and further extended by the exchange of
               letters initialled on 18 December 1992, Argentina 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 Republic of Argentina                    of the European Communities
 ---pagebreak--- 154                              Europeiska gemenskapernas officiella tidning                              11 /Vol. 30

                                             Exchange of notes

      The Mission of the Republic of Argentina 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 . . . 1992 regarding the
      Agreement on textile products between the Republic of Argentina and the Community applied
      since 1 January 1987, as extended by the exchange of letters initialled on 24 September 1991 and
      as further extended by the exchange .of letters initialled on 18 December 1992.

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