CELEX: 21996A0330(17)
Language: et
Date: 1995-12-22 00:00:00
Title: Agreement in the form of an Exchange of Letters amending the Additional Protocol on trade in textile products between the European Community and the Republic of Bulgaria

70                   ET                                        Euroopa Liidu Teataja                                                 11/24. kd
21996A0330(17)
30.3.1996                                              EUROOPA ÜHENDUSTE TEATAJA                                                     L 81/311
                                                                   AGREEMENT
           in the form of an Exchange of Letters amending the Additional Protocol on trade in textile products
                                    between the European Community and the Republic of Bulgaria
                                                   Letter from the Council of the European Union
           Sir,
           1.     I have the honour to refer to the negotiations held on 27–28 November 1995 between our respective
                  Delegations with a view to amending the Additional Protocol on trade in textile products between the
                  European Community and the Republic of Bulgaria, applied since 31 December 1993, as last amended by the
                  Agreement in the form of an Exchange of Letters initialled on 6 December 1994. These negotiations were held
                  in the context of Article 1, paragraph 3 of the aforesaid Additional Protocol.
           2.     During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol has,
                  in general, been implemented. Moreover, the European Community noted with satisfaction the progress being
                  made in the opening of the Bulgarian market and in particular the Bulgarian undertaking to accelerate its tariff
                  concessions in favour of textiles and clothing products originating within the European Community and
                  exported to the Republic of Bulgaria as outlined in Appendix 1 attached, with application from 1 January
                  1996. The Republic of Bulgaria undertakes to inform the European Community before 1 January 1996 that
                  the necessary steps have been taken to implement the concessions outlined in Appendix 1.
           3.     In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
                  Additional Protocol as follows:
           3.1. The first subparagraph of Article 2, paragraph 3 of the Protocol is replaced by the following:
                  “3. The origin of the products covered by this Protocol shall be determined in accordance with the rules of
                  non-preferential origin in force in the Community.”
           3.2. Article 2, paragraph 3 of Appendix A is replaced by the following:
                  “The certificate of origin referred to in paragraph 1 above is not required for the importation of goods covered
                  by a movement certificate EUR1 or a form EUR2 issued in conformity with Protocol 4 to the Europe
                  Agreement in cases where those documents clearly establish that the Republic of Bulgaria is to be considered
                  as the country of origin on the basis of the rules on non-preferential origin in force in the Community.”
           3.3. Annex II (EU direct quotas) is replaced by Appendix 2 attached.
           3.4. The Annex to Appendix B concerning outward processing traffic is replaced by Appendix 3 attached (OPT
                  quotas).
           4. I should be obliged if you would kindly confirm the acceptance of your Government of the foregoing. Should
                this be the case, this letter, completed by its Appendices and your written confirmation, will constitute an
                Agreement in the form of an Exchange of Letters between the Community and the Republic of Bulgaria. This
                Agreement shall enter into force on the first day of the month following that in which the European Community
                and the Republic of Bulgaria notify each other that they have completed the necessary internal procedures to
                this effect. In the meantime, the amendments to the Additional Protocol will apply on a provisional basis from
                1 January 1996, provided that they are applied on a reciprocal basis.
           Please accept, Sir, the assurance of my highest consideration.
                                                                                               For the Council of the European Union
 ---pagebreak--- 11/24. kd         ET                                        Euroopa Liidu Teataja                                                       71
                                                                 Appendix 1
                                                         Bulgarian tariff undertaking
          The Government of the Republic of Bulgaria undertakes to implement the following tariff concessions in favour of textiles and
          clothing products originating within the European Community and imported into the Republic of Bulgaria, to be applied from
          1 January 1996.
          a) The products listed below are transferred from Annex VI to Annex IV of the Europe Agreement:
              51 01 11 00         53 01 10 00        53 02 10 00
              51 01 19 00         53 01 21 00
                                  53 01 29 00
          b) The products listed below are transferred from Annex V to Annex IV of the Europe Agreement:
              51 01 21 00         53 03 10 00        54 03 31 00
              51 01 29 00         53 03 90 00        56 04 90 00
              51 05 30 00         54 02 43 00        63 01 10 00
          c) The products listed below are transferred from Annex VI to Annex V of the Europe Agreement:
              53 06 10 00         58 01 34 00        61 09 90 20        58 01 33 00
              53 06 20 00         58 01 35 00        61 11 10 00        61 06 90 00
              55 15 11 00         58 01 36 00        61 15 91 00        51 02 10 00
              55 15 13 00         58 04 29 00        61 15 92 00
              55 15 99 00         58 06 10 00        62 11 12 90
              55 16 11 00         60 01 10 00        62 16 00 90
              55 16 23 00         60 01 21 00        63 02 10 00
              55 16 43 00         60 02 10 00        63 03 11 00
              58 01 22 00         60 02 92 90        63 03 19 00
              58 01 24 00         60 02 93 90        63 04 11 00
              58 01 25 00         61 01 10 00        63 04 91 00
 ---pagebreak--- 72            ET                                               Euroopa Liidu Teataja                                                                      11/24. kd
                                                                     Appendix 2
                                                                      ANNEX II
            (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)
                                                          Community quantitative limits
                                                                                                                              (in tonnes or 1 000 pieces)
                 Category                                Unit                                1996                                   1997
                     2                                 tonnes                                4 722                                 4 816
                     2a                                tonnes                                1 495                                 1 525
                     5                                 pieces                                5 185                                 5 418
                     6                                 pieces (*)                            2 500                                 2 625
                     7                                 pieces                                1 909                                 1 995
                     8                                 pieces                                5 662                                 5 860
                    73                                 pieces                                3 388                                 3 591
   (*) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of 5 garments (other than babies’ garments) of a
       maximum commercial size of 130 cm, for 3 garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the quantitative
       limits. The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of
       not more than 130 cm must be applied”.
                                                                     Appendix 3
                                                            ANNEX TO APPENDIX B
            (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)
                                                   OUTWARD PROCESSING TRAFFIC
                                                          Community quantitative limits
                                                                                                                                        (in 1 000 pieces)
                 Category                                Unit                                1996                                   1997
                     5                                  pieces                                6 492                                 6 930
                     6                                  pieces                                9 251                                 9 945
                     7                                  pieces                              13 286                                14 183
                     8                                  pieces                                6 223                                 6 550
                    73                                  pieces                                3 375                                 3 679
 ---pagebreak--- 11/24. kd          ET                                        Euroopa Liidu Teataja                                                 73
                                             Letter from the Government of the Republic of Bulgaria
          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 negotiations held on 27–28 November 1995 between our respective
                    Delegations with a view to amending the Additional Protocol on trade in textile products between the
                    European Community and the Republic of Bulgaria, applied since 31 December 1993, as last amended by
                    the Agreement in the form of an Exchange of Letters initialled on 6 December 1994. Theses negotiations
                    were held in the context of Article 1, paragraph 3 of the aforesaid Additional Protocol.
              2.    During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol
                    has, in general, been implemented. Moreover, the European Community noted with satisfaction the
                    progress being made in the opening of the Bulgarian market and in particular the Bulgarian undertaking
                    to accelerate its tariff concessions in favour of textiles and clothing products originating within the
                    European Community and exported to the Republic of Bulgaria as outlined in Appendix 1 attached, with
                    application from 1 January 1996. The Republic of Bulgaria undertakes to inform the European
                    Community before 1 January 1996 that the necessary steps have been taken to implement the concessions
                    outlined in Appendix 1.
              3.    In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
                    Additional Protocol as follows:
              3.1. The first subparagraph of Article 2, paragraph 3 of the Protocol is replaced by the following:
                    “3. The origin of the products covered by this Protocol shall be determined in accordance with the rules
                    of non-preferential origin in force in the Community.”
              3.2. Article 2, paragraph 3 of Appendix A is replaced by the following:
                    “The certificate of origin referred to in paragraph 1 above is not required for the importation of goods
                    covered by a movement certificate EUR1 or a form EUR2 issued in conformity with Protocol 4 of the
                    Europe Agreement in cases where those documents clearly establish that the Republic of Bulgaria is to be
                    considered as the country of origin on the basis of the rules on non-preferential origin in force in the
                    Community.”
              3.3. Annex II (EU direct quotas) is replaced by Appendix 2 attached.
              3.4. The Annex to Appendix B concerning outward processing traffic is replaced by Appendix 3 attached (OPT
                    quotas).
              4. I should be obliged if you would kindly confirm the acceptance of your Government of the foregoing. Should
                  this be the case, this letter, completed by its Appendices and your written confirmation, will constitute an
                  Agreement in the form of an Exchange of Letters between the Community and the Republic of Bulgaria. This
                  Agreement shall enter into force on the first day of the month following that in which the European
                  Community and the Republic of Bulgaria notify each other that they have completed the necessary internal
                  procedures to this effect. In the meantime, the amendments to the Additional Protocol will apply on a
                  provisional basis from 1 January 1996, provided that they are applied on a reciprocal basis.
                  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 Bulgaria
 ---pagebreak--- 74         ET                                        Euroopa Liidu Teataja                                                       11/24. kd
                                                          Appendix 1
                                                  Bulgarian tariff undertaking
   The Government of the Republic of Bulgaria undertakes to implement the following tariff concessions in favour of textiles and
   clothing products originating within the European Community and imported into the Republic of Bulgaria, to be applied from
   1 January 1996.
   a) The products listed below are transferred from Annex VI to Annex IV of the Europe Agreement:
       51 01 11 00         53 01 10 00        53 02 10 00
       51 01 19 00         53 01 21 00
                           53 01 29 00
   b) The products listed below are transferred from Annex V to Annex IV of the Europe Agreement:
       51 01 21 00         53 03 10 00        54 03 31 00
       51 01 29 00         53 03 90 00        56 04 90 00
       51 05 30 00         54 02 43 00        63 01 10 00
   c) The products listed below are transferred from Annex VI to Annex V of the Europe Agreement:
       53 06 10 00         58 01 34 00        61 09 90 20        58 01 33 00
       53 06 20 00         58 01 35 00        61 11 10 00        61 06 90 00
       55 15 11 00         58 01 36 00        61 15 91 00        51 02 10 00
       55 15 13 00         58 04 29 00        61 15 92 00
       55 15 99 00         58 06 10 00        62 11 12 90
       55 16 11 00         60 01 10 00        62 16 00 90
       55 16 23 00         60 01 21 00        63 02 10 00
       55 16 43 00         60 02 10 00        63 03 11 00
       58 01 22 00         60 02 92 90        63 03 19 00
       58 01 24 00         60 02 93 90        63 04 11 00
       58 01 25 00         61 01 10 00        63 04 91 00
 ---pagebreak--- 11/24. kd           ET                                          Euroopa Liidu Teataja                                                               75
                                                                      Appendix 2
                                                                       ANNEX II
                  (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)
                                                            Community quantitative limits
                                                                                                                        (in tonnes or 1 000 pieces)
                      Category                             Unit                             1996                              1997
                          2                              tonnes                            4 722                             4 816
                          2a                             tonnes                            1 495                             1 525
                          5                              pieces                            5 185                             5 418
                          6                              pieces (*)                        2 500                             2 625
                          7                              Pieces                            1 909                             1 995
                          8                              Pieces                            5 662                             5 860
                        73                               Pieces                            3 388                             3 591
          (*) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of 5 garments (other than babies’
              garments) of a maximum commercial size of 130 cm, for 3 garments whose commercial size exceeds 130 cm may be applied
              for up to 5 % of the quantitative limits. The export licence concerning these products must bear, in box 9, the words “The
              conversion rate for garments of a commercial size of not more than 130 cm must be applied”.
                                                                      Appendix 3
                                                              ANNEX TO APPENDIX B
                  (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the Protocol)
                                                     OUTWARD PROCESSING TRAFFIC
                                                            Community quantitative limits
                                                                                                                                  (in 1 000 pieces)
                      Category                             Unit                             1996                              1997
                          5                              pieces                             6 492                             6 930
                          6                              pieces                             9 251                             9 945
                          7                              pieces                           13 286                            14 183
                          8                              pieces                             6 223                             6 550
                         73                              pieces                             3 375                             3 679
 ---pagebreak--- 76         ET                                       Euroopa Liidu Teataja                                                 11/24. kd
                                                      Joint Declaration
   In the context of the negotiations held on 27–28 November 1995 in accordance with Article 1, paragraph 3 of
   the Additional Protocol to the Europe Agreement on Trade in Textile Products between the European Community
   and the Republic of Bulgaria, the following declarations were made:
   a) the Delegation of the Republic of Bulgaria declared that the Republic of Bulgaria is prepared to accelerate by
       one year its tariff dismantling for products of Chapters 50–63 of the Bulgarian Customs Tariff listed in Annex
       VI to the Europe Agreement, to reach zero duty on 1 January 2001, provided that the European Community
       reduces its preferential customs duties to a rate equal to two-sevenths of the basic duty rate from 1 January 1996
       and
   b) the Commission of the European Communities declared that it was willing to give careful consideration to the
       Bulgarian proposal outlined in a) above.