CELEX: 21992A1231(39)
Language: en
Date: 1992-12-21 00:00:00
Title: Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Republic of Bulgaria on trade in textile products

Avis juridique important

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21992A1231(39)

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

Official Journal L 410 , 31/12/1992 P. 0337

AGREEMENT in the form of an exchange of letters amending the Agreement between the European  Economic Community and the Republic of Bulgaria on trade in textile productsLetter N° 1  Sir, 1. I have the honour to refer to the consultations held on 17 to 18 December 1992 between our  respective delegations for the purpose of amending the Agreement on trade in textile products  between the European Economic Community and the Republic of Bulgaria 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 the  Republic of Bulgaria 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 7 (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 11  (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 Bulgarian 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. Bulgaria 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. Bulgaria 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 13 and all references to this Article in the  Agreement are deleted. 2.6. The following is added at the beginning of Article 14 (1): '1. Save where it is otherwise provided for in this Agreement, . . .`2.7. The second sentence of  Article 17 (1) is replaced by the following: 'It shall be applicable until 31 December 1993 or until the entry into force of the Protocol on  quantitative arrangements referred to in Article 3 (2) of Protocol 1 on trade in textile and  clothing products to the Europe Agreement between the Community and Bulgaria, whichever date is  earlier.`2.8. The first sentence of Article 7 (1) of Protocol A is replaced by the following: '1. The export licence shall conform to the model annexed to this Protocol and it shall be valid  for exports throughout the customs territory to which the Treaty establishing the European Economic  Community is applied. However, where the Community has made recourse to the provisions of Article 7  in accordance with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the textile  products covered by the export licences can only be put into free circulation in the region(s) of  the Community indicated in those licences.`2.9. The second indent of Article 12 (1) of Protocol A  to the Agreement is replaced by the following: 'The import authorizations shall be valid for six months from the date of their issue for imports  throughout the customs territory to which the Treaty establishing the European Economic Community  is applied. However, where the Community has recourse to the provisions of Article 8 in accordance  with the provisions of Agreed Minute No 1, or to Agreed Minute No 2, the products covered by the  import licences can only be put into free circulation in the regions(s) of the Community indicated  in those licences.`2.10. The second and fifth indents of Article 14 (2) of Protocol A are replaced  by the following: '- two letters identifying the intended Member State of customs clearance as follows: BL = Benelux, DE = Germany, DG = Denmark, EL = Greece, ES = Spain, FR = France, GB = United Kingdom, IE = Ireland, IT = Italy, 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 N° 1 set out in Appendix 4 to this letter shall form an integral part of the  Agreement. 2.13. Agreed Minute N° 2 set out in Appendix 5 to this letter shall form an integral part of the  Agreement. 2.14. Agreed Minute N° 3 set out in Appendix 6 to this letter shall form an integral part of the  Agreement. 2.15. Agreed Minute N° 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 applied since 1 January 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 Councilof the European CommunitiesAppendix 1 ANNEX I1. When the constitutive  material of the products of categories 1 to 114 is not specifically mentioned, these products are  to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres. 2. Garments which are not recognizable as being garments for men or boys or as being garments for  women or girls are classified with the latter. 3. Where the expression 'babies` garments' is used, this is meant to cover garments up to and  including commercial size 86. >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE  POSITION>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)>TABLE> 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 QUOTASYear: 1992>TABLE> Appendix 4 Agreed Minute N° 1In the context of the Agreement between the  European Economic Community and the Republic of Bulgaria on trade in textile and clothing products,  initialled on 18 December 1992, the Parties agreed that Article 7 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, Bulgaria shall be informed in advance of the relevant provisions of Protocol A to  the Agreement to be applied, as appropriate.  For the Governmentof the Republic of BulgariaFor the Councilof the European  CommunitiesAppendix 5 Agreed Minute N° 2Notwithstanding Article 11 (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 11 (3), Bulgaria undertakes, if so requested by the Community, to respect  temporary export limits for one or more regions of the Community. In such a case, these limits  shall not preclude the importation into the region(s) concerned of products which were shipped from  Bulgaria on the basis of export licences obtained before the date of formal notification to  Bulgaria by the Community about the introduction of the above limits. The Community shall inform Bulgaria 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 Governmentof the Republic of BulgariaFor the Councilof the European Communities Note verbale The Directorate-General for External Relations of the Commission of the  European Communities presents its compliments to the Mission of the Republic of Bulgaria to the  European Communities and has the honour to refer to the Agreement on textile products negotiated  between the Republic of Bulgaria and the Community applied since 1 January 1987, as extended by the  exchange of letters initialled on 21 November 1991 and as further extended by the exchange of  letters of 18 December 1992. The Directorate-General wishes to inform the Mission of the Republic of Bulgaria that the Community  has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute  No 2 to the exchange of letters initialled on 18 December 1992. Consequently, the corresponding  provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be applied as of the  above date. The Directorate-General for External Relations avails itself of this opportunity to renew to the  Mission of the Republic of Bulgaria to the European Communities the assurance of its highest  consideration. Appendix 6 Agreed Minute No 3In the context of the Agreement between the  European Economic Community and the Republic of Bulgaria on trade in textile and clothing products,  initialled in Brussels on 18 December 1992, the Parties agreed that Bulgaria 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 Bulgaria 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 Governmentof the Republic of BulgariaFor the Councilof the European  CommunitiesAppendix 7 Agreed Minute N° 4In the context of the Agreement  between the European Economic Community and the Republic of Bulgaria on trade in textile and  clothing products, applied since 1 January 1987, as extended by the exchange of letters initialled  on 21 November 1991 and further extended by the exchange of letters initialled on 18 December 1992,  Bulgaria agreed that, from the date of request for and pending the consultations referred to in  Article 11 (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 Governmentof the Republic of BulgariaFor the Councilof 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 the Republic of Bulgaria to the  European Communities and has the honour to refer to the Agreement on textile products between the  Republic of Bulgaria and the Community applied since 1 January 1987, as extended by the exchange of  letters initialled on 21 November 1991 and as further extended by the exchange of letters  initialled on 18 December 1992. The Directorate-General wishes to inform the Mission of the Republic of Bulgaria 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 the Republic of Bulgaria to the European Communities the assurance of its highest  consideration. Letter N° 2 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 consultations held on 23 to 26 November 1992 between our  respective delegations for the purpose of amending the Agreement on trade in textile products  between the European Economic Community and the Republic of Bulgaria, 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 the  Republic of Bulgaria 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 7 (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 11  (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 Bulgarian 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. Bulgaria 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. Bulgaria 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 13 and all references to this Article in the  Agreement are deleted. 2.6. The following is added at the beginning of Article 14 (1): "1. Save where it is otherwise provided for in this Agreement, . . ."2.7. The second sentence of  Article 17 (1) is replaced by the following: "It shall be applicable until 31 December 1993 or until the entry into force of the Protocol on  quantitative arrangements referred to in Article 3 (2) of the Protocol No 1 on trade in textile and  clothing products to the Europe Agreement between the Community and Bulgaria, whichever date is  earlier."2.8. The first sentence of Article 7 (1) of Protocol A is replaced by the following: "1. The export licence shall conform to the model annexed to this Protocol and it shall be valid  for exports throughout the customs territory to which the Treaty establishing the European Economic  Community is applied. However, where the Community has made recourse to the provisions of Article 8  in accordance with the provisions of the Agreed Minute No 1, or to the Agreed Minute No 2, the  textile products covered by the export licences can only be put into free circulation in the  region(s) of the Community indicated in those licences."2.9. The second indent of Article 12 (1)  of Protocol A to the Agreement is replaced by the following: "The import authorizations shall be valid for six months from the date of their issue for imports  throughout the customs territory to which the Treaty establishing the European Economic Community  is applied. However, where the Community has recourse to the provisions of Article 8 in accordance  with the provisions of the Agreed Minute No 1, or to Agreed Minute No 2, the products covered by  the import licences can only be put into free circulation in the region(s) of the Community  indicated in those licences."2.10. The second and fifth indents of Article 14 (2) of Protocol A  are replaced by the following: "- two letters identifying the intended Member State of customs clearance as follows: BL = Benelux, DE = Germany, DK = Denmark, EL = Greece, ES = Spain, FR = France, GB = United Kingdom, IE = Ireland, IT = Italy, 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 applied since 1 January 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 Governmentof the Republic of BulgariaAppendix 1 (The contents of Appendix 1 are  identical to those of Appendix 1 to Letter N° 1; see pages 339 to 366)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)>TABLE>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 QUOTASYear: 1992>TABLE>Appendix 4 Agreed Minute  No 1In the context of the Agreement between the European Economic Community and the Republic of  Bulgaria on trade in textile and clothing products, initialled on 18 December 1992, the Parties  agreed that Article 7 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, Bulgaria shall be informed in advance of the relevant provisions of Protocol A to  the Agreement to be applied, as appropriate.  For the Governmentof the Republic of BulgariaFor the Councilof the European  CommunitiesAppendix 5 Agreed Minute No 2Notwithstanding Article 11 (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 11 (3), Bulgaria undertakes, if so requested by the Community, to respect  temporary export limits for one or more regions of the Community. In such a case, these limits  shall not preclude the importation into the region(s) concerned of products which were shipped from  Bulgaria on the basis of export licences obtained before the date of formal notification to  Bulgaria by the Community about the introduction of the above limits. The Community shall inform Bulgaria 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 Governmentof the Republic of BulgariaFor the Councilof the European Communities Note verbale The Directorate-General for External Relations of the Commission of the  European Communities presents its compliments to the Mission of the Republic of Bulgaria to the  European Communities and has the honour to refer to the Agreement on textile products negotiated  between the Republic of Bulgaria and the Community applied since 1 January 1987, as extended by the  exchange of letters initialled on 21 November 1991 and as further extended by the exchange of  letters of 18 December 1992. The Directorate-General wishes to inform the Mission of the Republic of Bulgaria that the Community  has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of Agreed Minute  No 2 to the exchange of letters initialled on 18 December 1992. Consequently, the corresponding  provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be applied as of the  above date. The Directorate-General for External Relations avails itself of this opportunity to renew to the  Mission of the Republic of Bulgaria to the European Communities the assurance of its highest  consideration. Appendix 6 Agreed Minute N° 3In the context of the Agreement between the  European Economic Community and the Republic of Bulgaria on trade in textile and clothing products,  initialled in Brussels on 18 December 1992, the Parties agreed that Bulgaria 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 Bulgaria 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 Governmentof the Republic of BulgariaFor the Councilof the European  CommunitiesAppendix 7 Agreed Minute N° 4In the context of the Agreement  between the European Economic Community and the Republic of Bulgaria on trade in textile and  clothing products, applied since 1 January 1987, as extended by the exchange of letters initialled  on 21 November 1991 and further extended by the exchange of letters initialled on 18 December 1992,  Bulgaria agreed that, from the date of request for and pending the consultations referred to in  Article 11 (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 Governmentof the Republic of BulgariaFor the Councilof the European Communities Exchange of notes The Mission of the Republic of Bulgaria 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 . . . regarding  the Agreement on textile products between the Republic of Bulgaria and the Community applied since  1 January 1987, as extended by the exchange of letters initialled on 21 November 1991 and as  further extended by the exchange of letters initialled on 18 December 1992.The Mission of the Republic of Bulgaria wishes to confirm to the Directorate-General that whilst  awaiting the completion of the necessary procedures for the conclusion and the coming into force of  the extended Agreement, the Government of the Republic of Bulgaria is prepared to allow the  provisions of the extended Agreement to apply de facto from 1 January 1993. This is on the  understanding that either Party may at any time terminate this de facto application of the extended  Agreement provided that 120 days' notice is given. The Mission of the Republic of Bulgaria to the European Communities avails itself of this  opportunity to renew to the Directorate-General for External Relations the assurance of its highest  consideration.