CELEX: 21995A0426(18)
Language: sk
Date: 1995-02-20 00:00:00
Title: Agreement in the form of an exchange of letters between the European Community and Romania amending the Additional Protocol to the Europe Agreement on trade in textile products between the European Economic Community and Romania to take into account the expected accession of the Republic of Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden to the European Union

112                  SK                                Úradný vestník Európskej únie                                                11/zv. 22

21995A0426(18)

26.4.1995                                  ÚRADNÝ VESTNÍK EURÓPSKYCH SPOLOČENSTIEV                                                  L 94/348

                                                               AGREEMENT
            in the form of an exchange of letters between the European Community and Romania amending the
            Additional Protocol to the Europe Agreement on trade in textile products between the European
            Economic Community and Romania to take into account the expected accession of the Republic of
            Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden to the European
                                                            Union

                                                 Letter from the Council of the European Union

            Sir,
            1.     I have the honour to refer to the Agreement between the European Economic Community and the Republic
                   of the Philippines on trade in textile products initialled on 28 June 1986, as last amended and extended by
                   the exchange of letters initialled on 27 November 1992.
            2.     In order to take into account the likely accession of the Republic of Austria, the Republic of Finland and the
                   Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that the
                   following amendments should be made to the Agreement between the European Economic Community and
                   the Republic of the Philippines on trade in textile products:
            2.1. Should the Uruguay Round Agreement on Textiles and Clothing become applicable in our relationships, as
                 a consequence of the accession of the Republic of the Philippines and the European Community to the WTO,
                 Appendix I sets out the notional quantitative restrictions for the enlarged Community to be considered, for
                 the purposes of the notification to the Textiles Monitoring Body, as those maintained by the enlarged
                 Community and in force before the day of entry into force of the Uruguay Round Agreement on Textiles and
                 Clothing, within the meaning of Article 2 of the Uruguay Round Agreement on Textiles and Clothing.
                   Should the Uruguay Round Agreement on Textiles and Clothing not become applicable in our relationships
                   Annex II of the Agreement which sets out the quantitative restrictions for exports from the Republic of the
                   Philippines to the European Union is replaced for the period 1 January to 31 December 1995 by Appendix
                   II to this letter.
            2.2. Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title III, Section II should be amended
                 as follows:
                   „— two letters identifying the intended Member State of customs clearance as follows:

                       AT = Austria

                       BL = Benelux

                       DE = Federal Republic of Germany

                       DK = Denmark

                       EL = Greece

                       ES = Spain

                       FI = Finland

                       FR = France

                       GB = United Kingdom

                       IE = Ireland

                       IT = Italy

                       PT = Portugal

                       SE = Sweden“
            2.3. The Annex of Protocol A, setting out the model of the certificate of origin, is replaced by Appendix III to this
                 letter.
 ---pagebreak--- 11/zv. 22          SK                                 Úradný vestník Európskej únie                                                 113

            2.4. The Annex to Protocol A, setting out the model of the export licence, is replaced by Appendix IV to this letter.

            2.5. The Annex of Protocol A, setting out the model of the certificate of origin, is replaced by Appendix III to this
                 letter.

            2.6. Should the Uruguay Round Agreement on Textiles and Clothing become applicable in our relationships, as
                 a consequence of the accession of the Republic of the Philippines and the European Community to the WTO,
                 Appendix VI sets out the notional quantitative restrictions for economic outward processing operations for
                 the enlarged Community to be considered, for the purposes of notification to the Textiles Monitoring Body,
                 as those maintained by the enlarged Community and in force before the day of entry into force of the Uruguay
                 Round Agreement on Textiles and Clothing, within the meaning of Article 2 of the Uruguay Round
                 Agreement on Textiles and Clothing.

                 Should the Uruguay Round Agreement on Textiles and Clothing not become applicable in our relationships
                 the Annex to Protocol E of the Agreement which sets out the quantitative restrictions for economic outward
                 processing operations is replaced for the period 1 January to 31 December 1995 by Appendix VII to this letter.

            2.7. Should one or more acceding countries not join the European Union the adjustments calculated for this or
                 these countries shall be deducted from the „Adjusted limits“ set out in the Appendices to this letter and the
                 respective amendments mentioned under point 2.2 shall not enter into force.

            2.8. Notwithstanding the modifications referred to under points 2.3, 2.4 and 2.5, during a transitional period that
                 will end on 30 June 1995, the competent authorities of the Republic of the Philippines shall be authorized
                 to continue issuing the forms that were in use in 1994.

            2.9. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I,
                 II, VI and VII, technical revisions of these adjustments will be made following consultations and provided that
                 the request for consultations is made not later than 28 February 1995.

            3.   I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should
                 this be the case, 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. In the meantime, it shall be applied provisionally from 1 January
                 1995 on the conditions to be specified in an exchange of notes (see Appendix VIII).

            Please accept, Sir, the assurance of my highest consideration.
                                                                                            For the Council
                                                                                        of the European Union
 ---pagebreak--- 114             SK                                Úradný vestník Európskej únie                                                                                             11/zv. 22

                                                             Appendix I
                                  NOTIONAL COMMUNITY QUANTITATIVE LIMITS 1994

                                                          Direct quotas

                                                       Existing                                               Adjustment for                    Notional       Growth
        Group        Category          Unit
                                                     limit 1994                       Sweden                        Finland        Austria    limit 1994        rate

          IB            4          1 000 pieces       16 611                                          255            115             220       17 201          4,50 %
          IB            5          1 000 pieces        7 863                                          102             46             132         8 142         5,00 %
          IB            6          1 000 pieces        6 755                                          113             51                94       7 012         5,50 %
          IB            7          1 000 pieces        4 426                                           78             35                65      4 605          4,00 %
          IB            8          1 000 pieces        5 351                                          108             48                89       5 597         3,50 %
         IIB           13          1 000 pieces       15 554                            1 152                        516             954       18 176          6,00 %
         IIB           15          1 000 pieces        2 038                                           84             38                69      2 228          6,00 %
         IIB           21          1 000 pieces        5 872                                          159             71             132         6 234         6,00 %
         IIB           26          1 000 pieces        2 634                                          149             67             124         2 974         6,00 %
         IIB           31          1 000 pieces       10 667                                          263            118             218       11 266          6,00 %
         IIB           73          1 000 pieces       10 826                                           53             24             100       11 003          5,00 %
         IIIB          10          1 000 pairs        13 604                                          694            311             574       15 183          6,00 %

      The footnotes to Annex II of the Agreement as initialled on 28 June 1986 remain unchanged.

                                                             Appendix II

                                                             ANNEX II
                                       COMMUNITY QUANTITATIVE LIMITS 1995

                                                          Direct quotas

                                                        Existing limit                                                   Adjustment for                    Adjusted limit
         Group         Category           Unit
                                                            1995                                            Sweden            Finland        Austria           1995

          IB                 4        1 000 pieces         17 358                                             267              120             230           17 975
          IB                 5        1 000 pieces          8 257                                             107               48             138             8 550
          IB                 6        1 000 pieces          7 127                                             119               53              99             7 398
          IB                 7        1 000 pieces          4 603                                              82               37              68             4 789
          IB                 8        1 000 pieces          5 538                                             112               50              93             5 793
          IIB               13        1 000 pieces         16 487                                           1 221              547           1 011           19 267
          IIB               15        1 000 pieces          2 161                                              89               40              73             2 363
          IIB               21        1 000 pieces          6 225                                             169               76             140             6 609
          IIB               26        1 000 pieces          2 792                                             158               71             131             3 153
          IIB               31        1 000 pieces         11 307                                             279              125             231           11 941
          IIB               73        1 000 pieces         11 367                                              56               25             105           11 553
          IIIB              10        1 000 pairs          14 421                                             735              330             608           16 094

      The footnotes to Annex II of the Agreement as initialled on 28 June 1986 remain unchanged.

                                                                  ANNEX TO PROTOCOL A, ARTICLE 2(1)
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak--- 118              SK                               Úradný vestník Európskej únie                                                               11/zv. 22

                                                             Appendix VI
                              NOTIONAL OUTWARD PROCESSING TRAFFIC QUOTAS 1994

                                                       Existing                 Adjustment for                    Notional       Growth
        Group         Category         Unit
                                                     limit 1994      Sweden         Finland          Austria    limit 1994        rate

          IB             6         1 000 pieces        423               12            5                10         451           5,50 %
          IB             8         1 000 pieces        115               3             1                3          123           3,50 %
          IIB           21         1 000 pieces        180               5             2                4          192           6,00 %

                                                            Appendix VII

                                                  ANNEX TO PROTOCOL E
                                   OUTWARD PROCESSING TRAFFIC QUOTAS 1995

                                                        Existing limit                     Adjustment for                    Adjusted limit
         Group          Category          Unit
                                                            1995              Sweden          Finland          Austria           1995

           IB                 6       1 000 pieces           446               13                6              11               475
           IB                 8       1 000 pieces           119                3                2                3              127
           IIB               21       1 000 pieces           191                6                2                5              204

                                                           Appendix VIII

                                                       Exchange of notes

      The Directorate-General for External Economic Relations of the Commission of the European Communities
      presents its compliments to the Mission of the Republic of the Philippines and has the honour to refer to the
      Agreement on trade in textile products between the Republic of the Philippines and the European Economic
      Community initialled on 28 June 1986, as amended and extended by the exchange of letters initialled on 27
      November 1992 and further amended by the exchange of letters initialled on (date of initialling).

      The Directorate-General wishes to inform the Republic of the Philippines that whilst awaiting the completion of
      the necessary procedures for the conclusion and coming into force of the amended Agreement, the European
      Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is
      on the understanding that either Party may at any time terminate this de facto application of the amended
      Agreement provided that one hundred and twenty days notice is given.

      The Directorate-General for External Economic Relations would be grateful if the Mission of the Republic of the
      Philippines would confirm its agreement to the foregoing.

      The Directorate-General for External Economic Relations of the Commission of the European Communities avails
      itself of this opportunity to renew to the Mission of the Republic of the Philippines the assurance of its highest
      consideration.
 ---pagebreak--- 11/zv. 22               SK                                  Úradný vestník Európskej únie                                               119

                                               Letter from the Government of the Republic of the Philippines

            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 Agreement between the European Economic Community and the
                           Republic of the Philippines on trade in textile products initialled on 28 June 1986, as last amended and
                           extended by the exchange of letters initialled on 27 November 1992.
                   2.      In order to take into account the likely accession of the Republic of Austria, the Republic of Finland and
                           the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers
                           that the following amendments should be made to the Agreement between the European Economic
                           Community and the Republic of the Philippines on trade in textile products:
                   2.1. Should the Uruguay Round Agreement on Textiles and Clothing become applicable in our relationships,
                        as a consequence of the accession of the Republic of the Philippines and the European Community to the
                        WTO, Appendix I sets out the notional quantitative restrictions for the enlarged Community to be
                        considered, for the purposes of the notification to the Textiles Monitoring Body, as those maintained by
                        the enlarged Community and in force before the day of entry into force of the Uruguay Round Agreement
                        on Textiles and Clothing, within the meaning of Article 2 of the Uruguay Round Agreement on Textiles
                        and Clothing.
                           Should the Uruguay Round Agreement on Textiles and Clothing not become applicable in our
                           relationships Annex II of the Agreement which sets out the quantitative restrictions for exports from the
                           Republic of the Philippines to the European Union is replaced for the period 1 January to 31 December
                           1995 by Appendix II to this letter.
                   2.2. Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title III, Section II should be
                        amended as follows:
                           ‚— two letters identifying the intended Member State of customs clearance as follows:

                               AT = Austria

                               BL = Benelux

                               DE = Federal Republic of Germany

                               DK = Denmark

                               EL = Greece

                               ES = Spain

                               FI = Finland

                               FR = France

                               GB = United Kingdom

                               IE = Ireland

                               IT = Italy

                               PT = Portugal

                               SE = Sweden‘
                   2.3. The Annex of Protocol A, setting out the model of the certificate of origin, is replaced by Appendix III to
                        this letter.
 ---pagebreak--- 120           SK                                Úradný vestník Európskej únie                                                 11/zv. 22

         2.4. The Annex to Protocol A, setting out the model of the export licence, is replaced by Appendix IV to this
              letter.

         2.5. The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and
              folklore products is replaced by Appendix V to this letter.

         2.6. Should the Uruguay Round Agreement on Textiles and Clothing become applicable in our relationships,
              as a consequence of the accession of the Republic of the Philippines and the European Community to the
              WTO, Appendix VI sets out the notional quantitative restrictions for economic outward processing
              operations for the enlarged Community to be considered, for the purposes of notification to the Textiles
              Monitoring Body, as those maintained by the enlarged Community and in force before the day of entry
              into force of the Uruguay Round Agreement on Textiles and Clothing, within the meaning of Article 2
              of the Uruguay Round Agreement on Textiles and Clothing.

              Should the Uruguay Round Agreement on Textiles and Clothing not become applicable in our
              relationships the Annex to Protocol E of the Agreement which sets out the quantitative restrictions for
              economic outward processing operations is replaced for the period 1 January to 31 December 1995 by
              Appendix VII to this letter.

         2.7. Should one or more acceding countries not join the European Union the adjustments calculated for this
              or these countries shall be deducted from the ‚Adjusted limits‘ set out in the Appendices to this letter and
              the respective amendments mentioned under point 2.2 shall not enter into force.

         2.8. Notwithstanding the modifications referred to under points 2.3, 2.4 and 2.5, during a transitional period
              that will end on 30 June 1995, the competent authorities of the Republic of the Philippines shall be
              authorized to continue issuing the forms that were in use in 1994.

         2.9. Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices
              I, II, VI and VII, technical revisions of these adjustments will be made following consultations and provided
              that the request for consultations is made not later than 28 February 1995.

         3.   I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing.
              Should this be the case, 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. In the meantime, it shall be applied provisionally
              from 1 January 1995 on the conditions to be specified in an exchange of notes (see Appendix VIII).

          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 the Philippines
 ---pagebreak--- 11/zv. 22             SK                                Úradný vestník Európskej únie                                                                                             121

                                                                   Appendix I
                                        NOTIONAL COMMUNITY QUANTITATIVE LIMITS 1994

                                                                Direct quotas

                                                             Existing                                               Adjustment for                    Notional       Growth
              Group        Category          Unit
                                                           limit 1994                       Sweden                        Finland        Austria    limit 1994        rate

                IB            4          1 000 pieces       16 611                                          255            115             220       17 201          4,50 %
                IB            5          1 000 pieces        7 863                                          102             46             132         8 142         5,00 %
                IB            6          1 000 pieces        6 755                                          113             51                94       7 012         5,50 %
                IB            7          1 000 pieces        4 426                                           78             35                65      4 605          4,00 %
                IB            8          1 000 pieces        5 351                                          108             48                89       5 597         3,50 %
               IIB           13          1 000 pieces       15 554                            1 152                        516             954       18 176          6,00 %
               IIB           15          1 000 pieces        2 038                                           84             38                69      2 228          6,00 %
               IIB           21          1 000 pieces        5 872                                          159             71             132         6 234         6,00 %
               IIB           26          1 000 pieces        2 634                                          149             67             124         2 974         6,00 %
               IIB           31          1 000 pieces       10 667                                          263            118             218       11 266          6,00 %
               IIB           73          1 000 pieces       10 826                                           53             24             100       11 003          5,00 %
               IIIB          10          1 000 pairs        13 604                                          694            311             574       15 183          6,00 %

            The footnotes to Annex II of the Agreement as initialled on 28 June 1986 remain unchanged.

                                                                   Appendix II

                                                                   ANNEX II
                                             COMMUNITY QUANTITATIVE LIMITS 1995

                                                                Direct quotas

                                                              Existing limit                                                   Adjustment for                    Adjusted limit
               Group         Category           Unit
                                                                  1995                                            Sweden            Finland        Austria           1995

                IB                 4        1 000 pieces         17 358                                             267              120             230           17 975
                IB                 5        1 000 pieces          8 257                                             107               48             138             8 550
                IB                 6        1 000 pieces          7 127                                             119               53              99             7 398
                IB                 7        1 000 pieces          4 603                                              82               37              68             4 789
                IB                 8        1 000 pieces          5 538                                             112               50              93             5 793
                IIB               13        1 000 pieces         16 487                                           1 221              547           1 011           19 267
                IIB               15        1 000 pieces          2 161                                              89               40              73             2 363
                IIB               21        1 000 pieces          6 225                                             169               76             140             6 609
                IIB               26        1 000 pieces          2 792                                             158               71             131             3 153
                IIB               31        1 000 pieces         11 307                                             279              125             231           11 941
                IIB               73        1 000 pieces         11 367                                              56               25             105           11 553
                IIIB              10        1 000 pairs          14 421                                             735              330             608           16 094

            The footnotes to Annex II of the Agreement as initialled on 28 June 1986 remain unchanged.

                                                                        ANNEX TO PROTOCOL A, ARTICLE 2(1)
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak--- 11/zv. 22             SK                               Úradný vestník Európskej únie                                                               125

                                                                  Appendix VI

                                   NOTIONAL OUTWARD PROCESSING TRAFFIC QUOTAS 1994

                                                            Existing                 Adjustment for                    Notional       Growth
              Group        Category         Unit
                                                          limit 1994      Sweden         Finland          Austria    limit 1994        rate

                IB            6         1 000 pieces        423               12            5                10         451           5,50 %
                IB            8         1 000 pieces        115               3             1                3          123           3,50 %
               IIB           21         1 000 pieces        180               5             2                4          192           6,00 %

                                                                 Appendix VII

                                                       ANNEX TO PROTOCOL E

                                        OUTWARD PROCESSING TRAFFIC QUOTAS 1995

                                                             Existing limit                     Adjustment for                    Adjusted limit
               Group         Category          Unit
                                                                 1995              Sweden          Finland          Austria           1995

                 IB                6       1 000 pieces           446               13                6              11               475
                 IB                8       1 000 pieces           119                3                2                3              127
                IIB               21       1 000 pieces           191                6                2                5              204

                                                                Appendix VIII

                                                            Exchange of notes

            the Mission of the Republic of the Philippines presents his compliments to the Directorate-General for External
            Economic Relations of the Commission of the European Communities and has the honour to refer to the Note of
            the Directorate-General of regarding the Agreement on trade in textile products between the Republic of the
            Philippines and the European Economic Community initialled on 28 June 1986, as amended and extended by the
            exchange of letters initialled on 27 November 1992 and further amended by the exchange of letters initialled on
            (date of initialling).

            The Mission of the Republic of the Philippines wishes to confirm to the Directorate-General that whilst awaiting
            the completion of the necessary procedures for the conclusion and coming into force of the amended Agreement,
            the Government of the Republic of the Philippines is prepared to allow the provisions of the Agreement to apply
            de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de
            facto application of the amended Agreement provided that one hundred and twenty days notice is given.

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