CELEX: 21992A1231(32)
Language: sv
Date: 1993-12-02 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Malaysia om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

214                                           Europeiska gemenskapernas officiella tidning                              11 /Vol . 30

292A1231(32 )

30.04.94                             EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING                                   Nr L 110/ 197

                                                              AGREEMENT

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

                                                               Letter No 1

                Sir, -

                1.       I have the honour to refer to the consultations held on 1 and 2 December 1992 between
                         our respective delegations for the purpose of amending the Agreement on trade in textile
                         products between the European Economic Community and Malaysia 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, Annex II and the Annex to Protocol E which set out the products concerned by
                         the Agreement, the quantitative restrictions for exports and the OPT operations
                         respectively, from Malaysia to the European Economic Community, are replaced for the
                         period 1 January 1993 to 31 December 1994 by Appendix 1 , Appendix 2 and Appendix 3
                         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 ( 1 ) and ( 2 ) are replaced by the following:
                         ' 1 . The quantitative limits established under this Agreement on imports into the
                               Community of textile products of Malaysian 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 . Malaysia 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. Malaysia 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 ( lfis 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--- 1 1 /Vol. 30                               Europeiska gemenskapernas officiella tidning                                215

                       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 6 ( 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 11- ( 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 13 (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 . Paragraph 3 ( b ) of Protocol E to the Agreement is deleted .
               2.12 . Agreed Minute No 1 set out in Appendix 4 to this letter shall form an integral part of the
                       Agreement.
               2.13 . Agreed Minute No 2 set out in Appendix 5 to this letter shall form an integral part of the
                       Agreement.
               2.14. Agreed Minute No 3 set out in Appendix 6 to this letter shall form an integral part of the
                       Agreement.
               2.15 . Agreed Minute No 4 set out in Appendix 7 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--- 216                                   Europeiska gemenskapernas officiella tidning                                  11 /Vol . 30

                                                         Appendix 1

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

                                                         Appendix 2

                                                          ANNEX II

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

                                        COMMUNITY QUANTTTATTVE LIMITS

              Category                      Unit                       1993        1994              1995

      2                      tonnes                                    5 094       5 247             5 404
      of whicl· 2 ( a )      tonnes                                    2 050       2 112             2 175
      3                      tonnes                                10 734         11 056            11 388

      of which 3 ( a )       tonnes                                    4 330       4 460             4 594    '
      4                      1 000 pieces                              8 740       9 177             9 636
      5                      1 000 pieces '                            4 270       4 484             4 708

      6                      1 000 pieces                              5 715       6 001              6 301
      7                      1 000 pieces                          27 200         28 016            28 856
      8                      1 000 pieces                              5 550       5 717              5 888
      22                     tonnes                                    7 136       7 564              8 018

                                                          Appendix 3

                                                 ANNEX TO PROTOCOL E

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

                                                         OPT QUOTAS

                                                          Year: 1992

                                        COMMUNTTY QUANTITATIVE LIMITS

               Category                       Unit                     1 993        1994              1995

      4                      1 000 pieces                              155           166              179

      5                      1 000 pieces                              155           166              179
                             1 000 pieces                              155           166              179
      6
                             1 000 pieces                              155           166              179
      7
                             1 000 pieces                              131           137              143
      8
 ---pagebreak--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                            217

                                                           Appendix 4

                                                     Agreed Minute No 1

               In the context of the Agreement between the European Economic Community and Malaysia on
               trade in textile and clothing products, initialled on 3 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, Malaysia 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 Malaysia,                           of the European Communities

                                                           Appendix 5

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

               The Community shall inform Malaysia 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 Malaysia                            of the European Communities
 ---pagebreak--- 218                                Europeiska gemenskapernas officiella tidning                          11 /Vol . 30

                                                  Note verbale

      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of Malaysia to the European Communities and has the
      honour to refer to the Agreement on textile products negotiated between Malaysia and the
      Community applied since 1 January 1987, as extended by the exchange of letters initialled on 8
      November 1991 and as further extended by the exchange of letters of 3 December 1992.

      The Directorate-General wishes to inform the Mission of Malaysia 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 3 December 1992. Consequently, the corresponding
      provisions of Articles 6 and 11 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 Malaysia to the European Communities the assurance of its highest consideration.

                                                   Appendix 6

                                              Agreed Minute No 3

      In the context of the Agreement between the European Economic Community and Malaysia on
      trade in textile and clothing products, initialled in Brussels on 3 December 1992, the Parties
      agreed that Malaysia 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 Malaysia 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 Malaysia                              of the European Communities
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                                 219

                                                           Appendix 7

                                                      Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and Malaysia on
               trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
               of letters initialled on 8 November 1991 and further extended by the exchange of letters initialled
               on 3 December 1992, Malaysia 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 Malaysia                              of the European Communities

                                                        Exchange of notes

               The Directorate-General for External Relations of the Commission of the European Communities
               presents its compliments to the Mission of Malaysia to the European Communities and has the
               honour to refer to the Agreement on textile products between Malaysia and the Community
               applied since 1 January 1987, as extended by the exchange of letters initialled on 8 November
               1991 and as further extended by the exchange of letters initialled on 3 December 1992.

               The Directorate-General wishes to inform the Mission of Malaysia 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 grateful if the Mission would confirm its
               Agreement to the foregoing.

               The Directorate-General for External Relations avails itself of this opportunity to renew to the
               Mission of Malaysia to the European Communities the assurance of its highest consideration.
 ---pagebreak--- 220                                     Europeiska gemenskapernas officiella tidning                               11 /Vol . 30

                                                       Letter No 2

      Sir,

      I have the honour to acknowledge receipt of your letter of 3 December 1992, which reads as
      follows:

             'Sir,

             1.      I have the honour to refer to the consultations held on 1 and 2 December 1992 between
                     our respective delegations for the purpose of amending the Agreement on trade in
                     textile products between the European Economic Community and Malaysia, 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 v
                     of the Agreement:
             2.1 .   Annex I, Annex II and the Annex to Protocol E which set out the products concerned
                     by the Agreement, the quantitative restrictions for exports and the OPT operations,
                     respectively from Malaysia to the European Economic Community, are replaced for the
                     period 1 January 1993 to 31 December 1994 by Appendix 1 , Appendix 2 and
                     Appendix 3 of 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 ( 1 ) and (2 ) are replaced by the following:
                     " 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Malaysian 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 . Malaysia 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. Malaysia 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--- 11 /Vol . 30                                Europeiska gemenskapernas officiella tidning                                221

                  2.8 .   The first sentence of Artide 6 ( 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 11 ( 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 13 ( 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 . Paragraph 3 (b ) of Protocol E to the Agreement is deleted .
                   2.12. Agreed Minute No 1 set out in Appendix 4 to this letter shall form an integral part of
                         the Agreement.
                   2.13 . Agreed Minute No 2 set out in Appendix 5 to this letter shall form an integral part of
                          the Agreement.
                   2.14 . Agreed Minute No 3 set out in Appendix 6 to this letter shall form an integral part of
                          the Agreement.
                   2.15. Agreed Minute No 4 set out in Appendix 7 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 Malaysia
 ---pagebreak--- 222                                  Europeiska gemenskapernas officiella tidning                                   11 /Vol . 30

                                                       Appendix 1

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

                                                       Appendix 2

                                                       ANNEX II

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

                                         COMMUNITY QUANT1TATTVE LIMITS

                   Category                    Unit                  1993           1994             1995

      2                        tonnes                                5 094          5 247            5 404
      of which 2 ( a )         tonnes                                2 050          2 112            2 175
      3                        tonnes                            10 734           11 056            11 388
      of which 3 ( a )         tonnes                                4 330          4 460            4 594
      4                         1 000 pieces                         8 740          9 177            9 636
      5                         1 000 pieces                         4 270          4 484            4 708
      6                         1 000 pieces                         5 715          6 001            6 301
      7                       . 1 000 pieces                     27 200           28 016            28 856
      8                         1 000 pieces                         5 550          5 717            5 888
      22                       tonnes                                7 136          7 564            8 018

                                                       Appendix 3

                                                  ANNEX TO PROTOCOL E

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

                                                      OPT QUOTAS

                                                        Year: 1992

                                         COMMUNITY QUANTITATTVE LIMITS

                   Category                    Unit                  1993           1994             1 995

      4                        1 000 pieces                          155            166               179
      5    ,   .               1 000 pieces                          1 55           166               179
      6                        1 000 pieces                          155            166               179
      7                        1 000 pieces                          15 5           166               179
      8                        1 000 pieces                          131            137               143
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                             223

                                                          Appendix 4

                                                     Agreed Minute No 1

               In the context of the Agreement between the European Economic Community and Malaysia on
               trade in textile and clothing products, initialled on 3 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, Malaysia 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 Malaysia                            of the European Communities

                                                          Appendix 5

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

               The Community shall inform Malaysia of the technical and administrative measures such as
               defined in the attached note verbal 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 Malaysia                            of the European Communities
 ---pagebreak--- 224                               Europeiska gemenskapernas officiella tidning                           11 /Vol . 30

                                                 Note verbale

      The Directorate-General for External Relations of the Commission of the European Communities
      presents its compliments to the Mission of Malaysia to the European Communities and has the
      honour to refer to the Agreement on textile products negotiated between Malaysia and the
      Community applied since 1 January 1987, as extended by the exchange of letters initialled on
      8 November 1991 and as further extended by the exchange of letters of 3 December 1992 .

      The Directorate-General wishes to inform the Mission of Malaysia 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 3 December 1992. Consequently, the corresponding
      provisions of Articles 6 and 1 1 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 Malaysia to the European Communities the assurance of its highest
      consideration .

                                                   Appendix 6

                                              Agreed Minute No 3

      In the context of the Agreement between the European Economic Community and Malaysia on
      trade in textile and clothing products, initialled in Brussels on 3 December 1992, the Parties
      agreed that Malaysia 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 Malaysia 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 Malaysia                           of the European Communities
 ---pagebreak--- 11 /Vol . 30                              Europeiska gemenskapernas officiella tidning                                225

                                                           Appendix 7

                                                     Agreed Minute No 4

               In the context of the Agreement between the European Economic Community and Malaysia on
               trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
               of letters initialled on 8 November 1991 and further extended by the exchange of letters initialled
               on 3 December 1992, Malaysia 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 Malaysia                               of the European Communities

                                                       Exchange of notes

               The Mission of Malaysia 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 3 December 1992 regarding the
               Agreement on textile products between Malaysia and the Community applied since 1 January
               1987, as extended by the exchange of letters initialled on 8 November 1991 and as further
               extended by the exchange of letters initialled on 3 December 1992 .

               The Mission of Malaysia wishes to confirm tö 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 Malaysia 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 Malaysia to the European Communities avails itself of this opportunity to renew
               to the Directorate-General for External Relations the assurance of its highest consideration.