CELEX: 21996A0330(15)
Language: lt
Date: 819590400000
Title: Agreement in the form of an Exchange of Letters amending the Additional Protocol to the Europe Agreement on Trade in Textile Products between the European Community and Romania

50                   LT                              Europos Sąjungos oficialusis leidinys                                            11/24 t.

21996A0330(15)

1996 3 30                                      EUROPOS BENDRIJŲ OFICIALUSIS LEIDINYS                                                  L 81/286

                                                                AGREEMENT
            in the form of an Exchange of Letters amending the Additional Protocol to the Europe Agreement on
                         Trade in Textile Products between the European Community and Romania

                                                 Letter from the Council of the European Union

            Sir,

            1.     I have the honour to refer to the negotiations held on 30–31 October 1995 between our respective
                   Delegations with a view to amending the Additional Protocol on trade in textile products between the
                   European Community and Romania, applied since 1 May 1993, as last amended by the Agreement in the form
                   of an Exchange of Letters initialled on 2 December 1994. These negotiations were held in the context of
                   Article 1, paragraph 3, of the aforesaid Additional Protocol.

            2.     During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol has,
                   in general, been implemented.

            3.     In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
                   Additional Protocol as follows:

            3.1. The first subparagraph of Article 2, paragraph 3 of the Protocol is replaced by the following:
                   „3. The origin of the products covered by this Protocol shall be determined in accordance with the rules of
                   non-preferential origin in force in the Community.“

            3.2. Article 2, paragraph 3 of Appendix A is replaced by the following:
                   „The certificate of origin referred to in paragraph 1 above is not required for the importation of goods covered
                   by a movement certificate EUR1 or a form EUR2 issued in conformity with Protocol No 4 to the Europe
                   Agreement in cases where those documents clearly establish that Romania is to be considered as the country
                   of origin on the basis of the rules on non-preferential origin in force in the Community.“

            3.3. Annex II (EU direct quotas) is replaced by Appendix 1 attached.

            3.4. The Annex to Appendix B concerning outward processing traffic is replaced by Appendix 2 attached (OPT
                 quotas).

            4.     I should be obliged if you would kindly confirm the acceptance of your Government of the foregoing. Should
                   this be the case, this letter, completed by its Appendices, Agreed Minutes and your written confirmation, will
                   constitute an Agreement in the form of an Exchange of Letters between the Community and Romania. This
                   Agreement shall enter into force on the first day of the month following that in which the European
                   Community and Romania notify each other that they have completed the necessary internal procedures to this
                   effect. In the meantime, the amendments to the Additional Protocol will apply on a provisional basis from
                   1 January 1996, on the conditions to be specified in an Exchange of Notes (see Appendix 3), provided that
                   they are applied on a reciprocal basis.

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

                                                                                             For the Council of the European Union
 ---pagebreak--- 11/24 t.            LT                                      Europos Sąjungos oficialusis leidinys                                                                  51

                                                                             Appendix 1

                                                                              ANNEX II

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

                                                        COMMUNITY QUANTITATIVE LIMITS

                                                                                                                                     (in tonnes or 1 000 pieces)

                        Category                                Unit                                1996                                  1997

                           2                                   tonnes                               6 869                                7 006
                           2a                                  tonnes                               4 024                                4 104
                           3                                   tonnes                               3 158                                3 316
                           4                                   pieces (*)                          29 568                               30 751
                           5                                   pieces                              19 212                               20 077
                           6                                   pieces (*)                           8 919                                9 320
                           7                                   pieces                               2 332                                2 437
                           8                                   pieces                              11 404                               11 746
                          12                                   pairs                               57 145                               60 002
                          14                                   pieces                               1 955                                2 072
                          15                                   pieces                               3 074                                3 258
                          17                                   pieces                               2 051                                2 174
                          20                                   tonnes                               2 601                                2 757
                          24                                   pieces                              12 225                               12 958
                         118                                   tonnes                               1 011                                1 071

           (*) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of 5 garments (other than babies’ garments) of a
               maximum commercial size of 130 cm, for 3 garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the quantitative
               limits. The export licence concerning these products must bear, in box 9, the words „The commercial rate for garments of a commercial size
               of not more than 130 cm must be applied“.
 ---pagebreak--- 52   LT                                    Europos Sąjungos oficialusis leidinys                                                             11/24 t.

                                                           Appendix 2

                                                 ANNEX TO APPENDIX B

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

                                         OUTWARD PROCESSING TRAFFIC
                                             Community quantitative limits

                                                                                                                         (in 1 000 pieces)

      Category                                Unit                               1996                                1997

            4                                pieces                             6 650                               7 049
            5                                pieces                            12 077                              12 892
            6                                pieces                            18 117                              19 340
            7                                pieces                            13 588                              14 505
            8                                pieces                            19 121                              19 981
           12                                pairs                             13 105                              14 088
           14                                pieces                             4 019                               4 381
           15                                pieces                             9 644                              10 512
           17                                pieces                             5 624                               6 130
           24                                pieces                             6 430                               7 009
 ---pagebreak--- 11/24 t.          LT                             Europos Sąjungos oficialusis leidinys                                            53

                                                               Appendix 3

                                                          Exchange of Notes

           The Directorate-General I of the Commission of the European Communities presents its compliments to the
           Mission of Romania to the European Communities and has the honour to refer to the Additional Protocol to the
           Europe Agreement on Trade in Textile Products between Romania and the European Community initialled on 30
           April 1993, as last amended by the Exchange of Letters initialled on 31 October 1995.

           The Directorate-General wishes to inform the Mission of Romania that whilst awaiting the completion of the
           necessary procedures for the conclusion and coming into force of the amended Additional Protocol, the European
           Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1996. This is

           on the understanding that either Party may at any time terminate this de facto application of the amended Additional
           Protocol provided that six months notice is given.

           The Directorate-General would be grateful if the Mission of Romania would confirm its agreement to the foregoing.

           The Directorate-General I of the Commission of the European Communities avails itself of this opportunity to
           renew to the Mission of Romania to the European Communities the assurance of its highest consideration.

           The Mission of Romania to the European Communities presents its compliments to the Directorate-General I of
           the Commission of the European Communities and has the honour to refer to the Note of the Directorate-General
           of (date of Note Verbale) regarding the Additional Protocol to the Europe Agreement on Trade in Textile Products
           between Romania and the European Community initialled on 30 April 1993, as last amended by the Exchange
           of Letters initialled on 31 October 1995.

           The Mission of Romania 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 Additional Protocol, the
           Government of Romania is prepared to allow the provisions of the Agreement to apply de facto from 1 January
           1996. This is on the understanding that either Party may at any time terminate this de facto application of the
           amended Additional Protocol provided that six months notice is given.

           The Mission of Romania to the European Communities avails itself of this opportunity to renew to the
           Directorate-General I of the Commission of the European Communities the assurance of its highest consideration.
 ---pagebreak--- 54              LT                           Europos Sąjungos oficialusis leidinys                                         11/24 t.

                                             Letter from the Government of Romania

     Sir,

     I have the honour to acknowledge receipt of your letter of …………………………… which reads as follows:

        „Sir,
        1.      I have the honour to refer to the negotiations held on 30–31 October 1995 between our respective
                Delegations with a view to amending the Additional Protocol on trade in textile products between the
                European Community and Romania, applied since 1 May 1993, as last amended by the Agreement in the
                form of an Exchange of Letters initialled on 2 Decembe 1994. These negotiations were held in the context
                of Article 1, paragraph 3, of the aforesaid Additional Protocol.
        2.      During these negotiations both Parties noted with satisfaction the way in which the Additional Protocol
                has, in general, been implemented.
        3.      In order to foster the development of further mutually beneficial trade flows it was agreed to amend the
                Additional Protocol as follows:
        3.1. The first subparagraph of Article 2, paragraph 3 of the Protocol is replaced by the following:
                „3. The origin of the products covered by this Protocol shall be determined in accordance with the rules
                of non-preferential origin in force in the Community.“
        3.2. Article 2, paragraph 3 of Appendix A is replaced by the following:
                „The certificate of origin referred to in paragraph 1 above is not required for the importation of goods
                covered by a movement certificate EUR1 or a form EUR2 issued in conformity with Protocol 4 to the
                Europe Agreement in cases where those documents clearly establish that Romania is to be considered as
                the country of origin on the basis of the rules on non-preferential origin in force in the Community.“
        3.3. Annex II (EU direct quotas) is replaced by Appendix 1 attached.
        3.4. The Annex to Appendix B concerning outward processing traffic is replaced by Appendix 2 attached (OPT
             quotas).
        4.      I should be obliged if you would kindly confirm the acceptance of your Government of the foregoing.
                Should this be the case, this letter, completed by its Appendices, Agreed Minutes and your written
                confirmation, will constitute an Agreement in the form of an Exchange of Letters between the Community
                and Romania. This Agreement shall enter into force on the first day of the month following that in which
                the European Community and Romania notify each other that they have completed the necessary internal
                procedures to this effect. In the meantime, the amendments to the Additional Protocol will apply on
                a provisional basis from 1 January 1996, on the conditions to be specified in an Exchange of Notes (see
                Appendix 3), provided that they are applied on a reciprocal basis.

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

     I have the honour to confirm that my Government is in agreement with the contents of your letter.

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

                                                                                          For the Government of Romania
 ---pagebreak--- 11/24 t.            LT                                      Europos Sąjungos oficialusis leidinys                                                                  55

                                                                             Appendix 1

                                                                              ANNEX II

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

                                                        COMMUNITY QUANTITATIVE LIMITS

                                                                                                                                     (in tonnes or 1 000 pieces)

                        Category                                Unit                                1996                                  1997

                           2                                   tonnes                               6 869                               7 006
                           2a                                  tonnes                               4 024                                4 104
                           3                                   tonnes                               3 158                                3 316
                           4                                   pieces (1)                          29 568                               30 751
                           5                                   pieces                              19 212                               20 077
                           6                                   pieces (1)                           8 919                                9 320
                           7                                   pieces                               2 332                                2 437
                           8                                   pieces                              11 404                               11 746
                          12                                   pairs                               57 145                               60 002
                          14                                   pieces                               1 955                                2 072
                          15                                   pieces                               3 074                                3 258
                          17                                   pieces                               2 051                                2 174
                          20                                   tonnes                               2 601                                2 757
                          24                                   pieces                              12 225                               12 958
                         118                                   tonnes                               1 011                                1 071

           (1) For the purpose of setting off exports against the agreed quantitative limits a conversion rate of 5 garments (other than babies’ garments) of a
               maximum commercial size of 130 cm, for 3 garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the quanti-
               tative limits. The export licence concerning these products must bear, in box 9, the words „The commercial rate for garments of a commercial
               size of not more than 130 cm must be applied“.
 ---pagebreak--- 56   LT                                    Europos Sąjungos oficialusis leidinys                                                             11/24 t.

                                                           Appendix 2

                                                 ANNEX TO APPENDIX B

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

                                         OUTWARD PROCESSING TRAFFIC

                                             Community quantitative limits

                                                                                                                         (in 1 000 pieces)

      Category                                Unit                               1996                                1997

            4                                pieces                             6 650                               7 049
            5                                pieces                            12 077                              12 892
            6                                pieces                            18 117                              19 340
            7                                pieces                            13 588                              14 505
            8                                pieces                            19 121                              19 981
           12                                pairs                             13 105                              14 088
           14                                pieces                             4 019                               4 381
           15                                pieces                             9 644                              10 512
           17                                pieces                             5 624                               6 130
           24                                pieces                             6 430                               7 009
 ---pagebreak--- 11/24 t.          LT                             Europos Sąjungos oficialusis leidinys                                            57

                                                               Appendix 3

                                                          Exchange of Notes

           The Directorate-General I of the Commission of the European Communities presents its compliments to the
           Mission of Romania to the European Communities and has the honour to refer to the Additional Protocol to the
           Europe Agreement on Trade in Textile Products between Romania and the European Community initialled on 30
           April 1993, as last amended by the Exchange of Letters initialled on 31 October 1995.

           The Directorate-General wishes to inform the Mission of Romania that whilst awaiting the completion of the
           necessary procedures for the conclusion and coming into force of the amended Additional Protocol, the European
           Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1996. This is

           on the understanding that either Party may at any time terminate this de facto application of the amended Additional
           Protocol provided that six months notice is given.

           The Directorate-General would be grateful if the Mission of Romania would confirm its agreement to the foregoing.

           The Directorate-General I of the Commission of the European Communities avails itself of this opportunity to
           renew to the Mission of Romania to the European Communities the assurance of its highest consideration.

           The Mission of Romania to the European Communities presents its compliments to the Directorate-General I of
           the Commission of the European Communities and has the honour to refer to the Note of the Directorate-General
           of (date of Note Verbale) regarding the Additional Protocol to the Europe Agreement on Trade in Textile Products
           between Romania and the European Community initialled on 30 April 1993, as last amended by the Exchange
           of Letters initialled on 31 October 1995.

           The Mission of Romania 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 Additional Protocol, the
           Government of Romania is prepared to allow the provisions of the Agreement to apply de facto from 1 January
           1996. This is on the understanding that either Party may at any time terminate this de facto application of the
           amended Additional Protocol provided that six months notice is given.

           The Mission of Romania to the European Communities avails itself of this opportunity to renew to the
           Directorate-General I of the Commission of the European Communities the assurance of its highest consideration.

                                                   Declaration of the Commission

           In the context of the consultations held on 30–31 October 1995 in accordance with Article 1 (3) of the Additional
           Protocol on trade in textiles products between the European Community and Romania, applied since 1 May 1993,
           the Commission noted the concern expressed by the Romanian delegation in relation to the level of utilisation of
           prior authorisations issued for OPT purposes and declared its willingness to examine the matter in the appropriate
           forum with Member States in due course, and to inform the Romanian authorities accordingly.