CELEX: 21994A0517(21)
Language: et
Date: 1993-12-20 00:00:00
Title: Agreement between the European Economic Community and Uzbekistan on trade in textile products

272                  ET                                       Euroopa Liidu Teataja                                                            11/20. kd
21994A0517(21)
17.5.1994                                             EUROOPA ÜHENDUSTE TEATAJA                                                               L 123/745
                                                                   AGREEMENT
                    between the European Economic Community and Uzbekistan on trade in textile products
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            of the one part, and
            THE GOVERNMENT OF UZBEKISTAN,
            of the other part,
            DESIRING to promote, with a view to permanent cooperation and in conditions providing every security for trade, the orderly
            and equitable development of trade in textile products between the European Economic Community (hereinafter referred to as
            “the Community”) and the Republic of Uzbekistan (hereinafter referred to as “Uzbekistan”),
            RESOLVED to take the fullest possible account of the serious economic and social problems at present affecting the textile
            industry in both importing and exporting countries, and in particular, to eliminate real risks of market disruption on the market
            of the Community and real risks of disruption to the textile trade of Uzbekistan,
            HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            THE GOVERNMENT OF UZBEKISTAN,
            WHO HAVE AGREED AS FOLLOWS:
                               Article 1                                       2. At the time of entry into force of this Agreement, exports of
                                                                               products listed in Annex III not subject to quantitative limits shall
                                                                               be subject to the double-checking system referred to in
1. Trade in textile products listed in Annex I and originating
                                                                               paragraph 1.
within the Contracting Parties shall be liberalized for the duration
of this Agreement under the conditions set out therein.
                                                                               3. Following consultations in accordance with the procedures set
2. Subject to the provisions of this or any successive Agreement,              out in Article 15, exports of products in Annex I not subject to
the Community undertakes, in respect of the products listed in                 quantitative limits other than those listed in Annex III may be
Annex I, to suspend the application of quantitative import                     subject, subsequently to the entry into force of this Agreement, to
restrictions currently in force and not to introduce new                       the double-checking system referred to in paragraph 1 or to
quantitative restrictions.                                                     a prior surveillance system introduced by the Community.
Quantitative import restrictions shall be re-introduced in case of
denunciation or non-replacement of the present Agreement.                      4. In administering the quantitative limits established under this
                                                                               Agreement, Uzbekistan shall ensure that the Community textile
3. Measures having equivalent effect to quantitative restrictions              industry shall benefit from utilization of the said limits.
on the importation into the Community of the products listed in
Annex I shall be prohibited for the duration of this Agreement.
                                                                               More particulary, as regards categories 2 and 2 a), Uzbekistan
                                                                               undertakes upon request from the Community to reserve to the
                                                                               Community textile industry, as a priority, 50 % of the quantitative
                                                                               limits concerned during a period extending between 1 January to
                                                                               31 May of each year. For this purpose, contracts made with the
                                                                               industry during the period in question shall be taken into
                               Article 2                                       consideration.
1. Uzbekistan agrees to establish and maintain for each calendar
year quantitative limits on its exports to the Community in                    To facilitate the implementation of these provisions the
accordance with Annex II. Such exports shall be subject to                     Community shall provide the competent Uzbek authorities,
a double-checking system as specified in Protocol A.                           before the end of each year, with a list of interested Community
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manufactures and processors and, if possible, of the quantity of         — transfers between categories 2 and 3 and from category 1 to
products requested for each firm. To this end, the firms concerned           categories 2 and 3 may be made up to 4 % of the quantitative
are invited to make direct contact with the relevant Uzbek                   limits for the category to which the transfer is made,
enterprises as early as possible during the reservation period
mentioned in this paragraph, in order to make their purchasing           — transfers between categories 4, 5, 6, 7 and 8 may be made up
intentions known.                                                            to 4 % of the quantitative limit for the category to which the
                                                                             transfer is made.
                                                                         Transfers into any category in Groups II, III, IV and V may be made
                              Article 3                                  from any category or categories in Groups I, II, III, IV and V up to
                                                                         5 % of the quantitative limit for the category to which the transfer
1. Imports into the Community of textile products covered by             is made.
this Agreement shall not be subject to the quantitative limits
established in Annex II, provided that they are declared to be for       4. The table of equivalence applicable to the transfers referred to
re-export outside the Community in the same state or after               above is given in Annex I to this Agreement.
processing, within the framework of the administrative system of
control which exists within the Community.
                                                                         5. The increase in any category of products resulting from the
However, the release for home use of products imported into the          cumulative application of the provisions in paragraphs 1, 2 and 3
Community under the conditions referred to above shall be                above during an Agreement year shall not exceed the following
subject to the production of an export licence issued by the             limits:
authorities of Uzbekistan, and to proof of origin in accordance
with the provisions of Protocol A.                                         — 13 % for categories of products in Group I,
2. Where the Community authorities ascertain that imports of               — 13,5 % for categories of products in Groups II, III, IV and V.
textile products have been set off against a quantitative limit
established under this Agreement, but that the products have             6. Prior notification shall be given by the Uzbek authorities in the
subsequently been re-exported outside the Community, the                 event of recourse to the provisions of paragraphs 1, 2 and 3 above,
authorities shall inform the Uzbek authorities within four weeks         at least 15 days in advance.
of the quantities involved and authorize imports of identical
quantities of the same products, which shall not be set off against
the quantitative limit established under this Agreement for the
current or the following year, as appropriate.
3. The Community and Uzbekistan recognize the special and
differential character of re-imports of textile products into the                                      Article 5
Community after processing in Uzbekistan as a specific form of
industrial and trade cooperation.                                        1. Exports of textile products not listed in Annex II to this
                                                                         Agreement may be made subject to quantitative limits on the
Provided that they are effected in accordance with the regulations       conditions laid down in the following paragraphs.
on economic outward processing in force in the Community,
these re-imports are not subject to the quantitative limits
                                                                         2. Where the Community finds, under the system of
established pursuant to this Agreement when they are subject to
                                                                         administrative control set up, that the level of imports of products
the specific arrangements laid down in Protocol C.
                                                                         in a given category not listed in Annex II originating in Uzbekistan
                                                                         exceeds, in relation to the preceding year’s total imports into the
                                                                         Community from all sources of products in that category, the
                                                                         following rates:
                              Article 4
                                                                         — 0,35 % for categories of products in Group I,
1. In any Agreement year advance use of a portion of the
quantitative limit established for the following Agreement year is       — 1,2 % for categories of products in Group II,
authorized for each category of products up to 5 % of the
quantitative limit for the current Agreement year.                       — 4 % for categories of products in Groups III, IV and V,
Amounts delivered in advance shall be deducted from the                  it may request the opening of consultations in accordance with the
corresponding quantitative limits established for the following          procedure described in Article 15 of this Agreement, with a view
Agreement year.                                                          to reaching agreement on an appropriate restraint level for the
                                                                         products in such category.
2. Carry-over to the corresponding quantitative limit for the
following Agreement year of the amounts not used during any              3. Pending a mutually satisfactory solution, Uzbekistan
Agreement year is authorized for each category of products up to         undertakes, from the date of notification of the request for
7 % of the quantitative limit for the current Agreement year.            consultations, to suspend or limit at the level indicated by the
                                                                         Community exports of the category of products in question to the
3. Transfers in respect of categories in Group I shall not be made       Community or to the region or regions of the Community market
from any category except as follows:                                     specified by the Community.
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The Community shall authorize the importation of products of              2. Should the Community believe on the basis of information
the said category shipped from Uzbekistan before the date on              available that the present Agreement is being circumvented, the
which the request for consultations was submitted.                        Community will consult with Uzbekistan with a view to reaching
                                                                          a mutually satisfactory solution. These consultations will be held
4. Should the Contracting Parties be unable in the course of              as early as possible and at the latest within 30 days from the date
consultations to reach a satisfactory solution within the period          of request.
specified in Article 15 (2), the Community shall have the right to
introduce a definitive quantitative limit at an annual level not
lower than the level resulting from the application of the formula        3. Pending the results of the consultation referred to in paragraph
set out in paragraph 2, or 106 % of the level of imports reached          2, Uzbekistan shall, as a precautionary measure, if so requested by
during the calendar year preceding that in which imports exceeded         the Community, take all necessary measures to ensure that, where
the level resulting from the application of the formula set out in        sufficient evidence of circumvention is provided, adjustments of
paragraph 2 and gave rise to the request for consultations,               quantitative limits liable to be agreed following the consultation
whichever is the higher.                                                  referred to in paragraph 2, may be carried out for the quota year
                                                                          in which the request to open consultations in accordance with
                                                                          paragraph 2 was made, or for the following year if the quota for
The annual level so fixed shall be revised upwards after
                                                                          the current year is exhausted.
consultations in accordance with the procedure referred to in
Article 15, with a view to fulfilling the conditions set out in
paragraph 2, should the trend of total imports into the
Community of the product in question make this necessary.                 4. Should the Parties be unable, in the course of the consultation
                                                                          referred to in paragraph 2 to reach a mutually satisfactory
                                                                          solution, the Community shall have the right:
5. The annual growth rates for quantitative limits introduced
under this article should be determined in accordance with the
provisions of Protocol D.
                                                                          a) where there is sufficient evidence that products originating in
                                                                              Uzbekistan have been imported in circumvention of the
6. The provisions of this Article shall not apply where the                   present Agreement, to set off the relevant quantities against the
percentages specified in paragraph 2 have been reached as a result            quantitative limits established under the Agreement;
of a fall in total imports into the Community, and not as a result
of an increase in exports of products originating in Uzbekistan.
                                                                          b) where sufficient evidence shows that false declaration
7. In the event of the provisions of paragraph 2, 3 or 4 being                concerning fibre content, quantities, description or
applied, Uzbekistan undertakes to issue export licences for                   classification of products originating in Uzbekistan has
products covered by contracts concluded before the introduction               occured, to refuse to import the products in question;
of the quantitative limit, up to the volume of the quantitative limit
fixed.
                                                                          c) should it appear the territory of Uzbekistan is involved in
8. Up to the date of communication of the statistics referred to in           transhipment or re-routing of products not originating in
Article 12 (6), the provisions of paragraph 2 of this Article shall           Uzbekistan, to introduce quantitative limits against the same
apply on the basis of the annual statistics previously                        products originating in Uzbekistan if they are not already
communicated by the Community.                                                subject to quantitative limits, or to take any other appropriate
                                                                              measures.
9. The provisions of this Agreement which concern exports of
products subject to the quantitative limits established in Annex II       5. The Parties agree to establish a system of administrative
shall also apply to products for which quantitative limits are            cooperation to prevent and to address effectively all problems
introduced under this Article.                                            arising from circumvention in accordance with the provisions of
                                                                          Protocol A to this Agreement.
                               Article 6
1. In view of ensuring the effective functioning of this Agreement,
the Community and Uzbekistan agree to cooperate fully in order
to prevent, to investigate and to take any necessary legal and/or                                       Article 7
administrative action against circumvention by transhipment,
re-routing, false declaration concerning the country or place of
origin, falsification of documents, false declaration concerning          1. The quantitative limits established under this Agreement on
fibre content, quantities description or classification of                imports into the Community of textile products of Uzbek origin
merchandise any by whatever other means. Accordingly,                     will not be broken down by the Community into regional shares.
Uzbekistan and the Community agree to establish the necessary
legal provisions and administrative procedures permitting
effective action to be taken against such circumvention, which            2. The Parties shall cooperate in order to prevent sudden and
shall include the adoption of legally binding corrective measures         prejudicial changes in traditional trade flows resulting in regional
against exporters and/or importers involved.                              concentration of direct imports into the Community.
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3. Uzbekistan shall monitor its exports of products under                 — the prices of like national products at a comparable marketing
restraint or surveillance into the Community. Should a sudden and             stage on the market of the importing country,
prejudicial change in traditional trade flows arise, the Community
will be entitled to request consultations in order to find                — the lowest prices charged by a third country for the same
a satisfactory solution to those problems. Such consultations must            product in the course of ordinary commercial dealings in the
be held within 15 working days of their being requested by the                three months preceding the request for consultations, and not
Community.                                                                    having led to the adoption of any measure by the Community.
4. Uzbekistan shall endeavour to ensure that exports of textile           4. Should the consultations referred to in paragraph 2 above fail
products subject to quantitative limits into the Community are            to lead to an agreement within 30 days of the Community’s
spaced out as evenly as possible over the year due account being          request for consultations, the Community may, until these
taken in particular of seasonal factors.                                  consultations have produced a mutually satisfactory solution,
                                                                          temporarily refuse consignments of the product in question at
                                                                          prices under the conditions referred to in paragraph 1 above.
                                                                          5. In totally exceptional and critical circumstances, where
                               Article 8                                  consignments of products are being imported from Uzbekistan
                                                                          into the Community at prices abnormally lower than the normal
In the event of denunciation of this Agreement as provided for in         competitive level, such as to cause injury which it would be
Article 20 (3), the quantitative limits established in Annex II shall     difficult to repair, the Community may temporarily suspend
be reduced on a pro rata temporis basis unless the Contracting            imports of the products concerned pending agreement on
Parties decide otherwise by common agreement.                             a solution in the course of consultations, which shall be opened
                                                                          immediately. The Contracting Parties shall do their utmost to
                                                                          reach a mutually acceptable solution within 10 working days’
                                                                          notice of the opening of such consultations.
                               Article 9                                  6. Should the Community have recourse to the measures referred
                                                                          to in paragraphs 4 and 5 above, Uzbekistan may at any time
                                                                          request the opening of consultations to examine the possibility of
Uzbekistan exports of cottage-industry fabrics woven on hand- or          eliminating or modifying these measures where the causes which
foot-operated looms, garments or other made-up articles obtained          made them necessary no longer exist.
manually from such fabrics and of traditional folklore handicraft
products shall not be subject to quantitative limits, provided that
these products originating in Uzbekistan meet the conditions laid
down in Protocol B.
                                                                                                        Article 11
                                                                          1. The classification of the products covered by this Agreement is
                              Article 10                                  based on the tariff and statistical nomenclature of the Community
                                                                          (hereinafter called the “combined nomenclature”, or in
                                                                          abbreviated for “CN”) and any amendments thereof.
1. Should the Community consider that a textile product covered
by this Agreement is being imported into the Community from
Uzbekistan at a price abnormally lower than the normal                    Where any decision on classification results in a change of
competitive level and is for this reason causing or threatening to        classification practice or a change of category of any product
cause serious injury to Community producers of like or directly           subject to this Agreement the affected products shall follow the
competing products, it may request consultations under Article            trade regime applicable to the practice or category they fall into
15, and in that event the following specific provisions shall be          after such changes.
applicable.
                                                                          Any amendment to the combined nomenclature (CN) made in
2. If following such consultations it is acknowledged by common           accordance with the procedures in force in the Community
accord that the situation described in paragraph 1 exists,                concerning categories of products covered by this Agreement or
Uzbekistan shall take, within the limits of its powers, the necessary     any decision relating to the classification of goods shall not have
steps, notably as regards the price at which the product in question      the effect of reducing quantitative limits introduced pursuant to
will be sold, to remedy the situation.                                    this Agreement.
3. In order to determine whether the price of a textile product is        2. The origin of the products covered by this Agreement shall be
abnormally lower than the normal competitive level, it may be             determined in accordance with the rules in force in the
compared with:                                                            Community.
— the prices generally charged for like products sold under the           Any amendment to these rules of origin shall be communicated
    ordinary conditions by other exporting countries on the               to Uzbekistan and shall not have the effect of reducing any
    market of the importing country,                                      quantitative limit established in Annex II.
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The procedures for control of the origin of the products referred        2. Where a need for additional supplies arises and in particular
to above are laid down in Protocol A.                                    a need leading to the diversification on imports of textile products
                                                                         in Uzbekistan, Uzbekistan shall accord non-discriminatory
                                                                         treatment to imports of textile products originating in the
                                                                         Community.
                             Article 12
                                                                                                       Article 14
1. Uzbekistan shall supply the Commission with precise
statistical information on all export licences issued for categories     1. The Contracting Parties agree to examine the trend of trade in
of textile products subject to the quantitative limits set out in        textile products and garments each year, in the framework of the
Annex II or to a double-checking system, expressed in quantities         consultations provided for in Article 15 and on the basis of the
and in terms of value and broken down by Member States of the            statistics referred to in Article 12.
Community, as well as on all certificates issued by the competent
Uzbek authorities for products referred to in Article 9 and subject      2. If the Community finds that in the cases foreseen in Article 13
to the provisions of Protocol B.                                         (2) of this Agreement it is placed in an unfavourable position as
                                                                         compared with a third country, it may request consultations with
                                                                         Uzbekistan in accordance with the procedure specified in Article
2. The Community shall likewise transmit to the Uzbek                    15 with a view to taking appropriate action.
authorities precise statistical information on import
authorizations issued by the Community authorities and import
statistics for products covered by the system referred to in
Article 5 (2).
                                                                                                       Article 15
3. The information referred to above shall, for all categories of
products, be forwarded before the end of the month following the         1. Save where it is otherwise provided for in this Agreement, the
month to which the statistics relate.                                    consultation procedures referred to in this Agreement other than
                                                                         those referred to in paragraph 2 of this Article, shall be governed
                                                                         by the following provisions:
4. Upon request by the Community, Uzbekistan shall supply
import statistics for all products covered by Annex I.
                                                                         — as far as possible consultations shall be held periodically.
                                                                             Specific additional consultations may also be held,
5. Should it be found on analysis of the information exchanged
that there are significant discrepancies between the returns for         — any request for consultations shall be notified in writing to the
exports and those for imports, consultations may be initiated in             other Contracting Party,
accordance with the procedure specified in Article 15 of this
Agreement.
                                                                         — where appropriate, the request for consultations shall be
                                                                             followed within a reasonable period (and in any case not later
6. For the purpose of applying the provisions of Article 5, the              than 15 days following the notification) by a report setting out
Community undertakes to provide the Uzbek authorities before                 the circumstances which, in the opinion of the requesting
15 April of each year with the preceding year’s statistics on                Party, justify the submission of such a request,
imports of all textile products covered by this Agreement, broken
down by supplying country and Community Member State.                    — the Contracting Parties shall enter into consultations within
                                                                             one month of notification of the request at the latest, with
                                                                             a view to reaching agreement or a mutually acceptable
                                                                             conclusion within one further month at the latest,
                                                                         — the period of one month referred to above for the purpose of
                             Article 13                                      reaching agreement or a mutually acceptable conclusion may
                                                                             be extended by common accord.
1. Uzbekistan shall create favourable conditions for imports of
                                                                         2. The Community may request consultations in accordance with
textile products originating in the Community listed in Annex I
                                                                         paragraph 1 when it ascertains that during a particular year of
and, where appropriate inter alia, accord to them
                                                                         application of the Agreement difficulties arise in the Community
non-discriminatory treatment as regards the application of
                                                                         or one of its regions due to a sharp and substantial increase, by
quantitative restrictions, the granting of licences and the
                                                                         comparison to the preceding year, in imports of a given category
allocation of currency needed to pay for such imports. Uzbekistan
                                                                         of Group I subject to the quantitative limits set out in Annex II.
will also recommend to its importers to use the possibilities
offered by the Community producers of textiles mentioned above
while according the highest possible degree of liberalization to         3. At the request of either of the Contracting Parties,
those imports taking into account the development of trade               consultations shall be held on any problems arising from the
between the Contracting Parties.                                         application of this Agreement. Any consultations held under this
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Article shall take place in a spirit of cooperation and with a desire     Community is applied and under the conditions laid down in that
to reconcile the differences between the Contracting Parties.             Treaty and, on the other hand, to the territory of Uzbekistan.
                              Article 16
                                                                                                        Article 20
The Contracting Parties undertake to promote the exchange of
visits by persons, groups and delegations from business, trade and
industry, to facilitate contacts in the industrial, commercial and        1. This Agreement shall enter into force on the first day of the
technical fields connected with trade and cooperation in textile          month following the date on which the Parties notify each other
industry and textile products and garments, and to assist in the          of the completion of the procedures necessary for that purpose. It
organization of fairs and exhibitions of mutual interest.                 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
                              Article 17                                  extension.
1. Uzbekistan is prepared to cooperate fully and if necessary to
take, within the framework of its trade policy and within the limits      2. This Agreement shall apply with effect from 1 January 1993.
of its powers, measures to prevent the disruption of the trade for
certain raw materials listed in Annex IV.                                 3. Either Contracting Party may at any time propose
                                                                          modifications to this Agreement or denounce it, provided that at
2. Taking into account its production and export possibilities,           least six months’ notice is given. In that event, the Agreement shall
Uzbekistan in administrating exports of the products referred to          come to an end on the expiry of the period of notice.
in paragraph 1, shall give whenever possible favourable treatment,
on a non-discriminatory basis, to the abovementioned products,            4. The Contracting Parties agree to enter into consultations not
requested by the Community with a view to meeting its needs.              later than six months before the expiration of the present
                                                                          Agreement with a view to possibly concluding a new Agreement.
3. Problems arising in this area may be subject to the
consultations provided for in Article 15.
                                                                          5. The Annexes, Protocols, Agreed Minutes and letters exchanged
                                                                          or attached to this Agreement, shall form an integral part thereof.
                              Article 18
As regards intellectual property, at the request of either
Contracting Party, consultations shall be held in accordance with                                       Article 21
the procedure laid down in Article 15 with a view to finding an
equitable solution to problems relating to the protection of marks,       This Agreement shall be drawn up in two copies in the Danish,
designs or models of articles of apparel and textile products.            Dutch, English, French, German, Greek, Italian, Portuguese,
                                                                          Spanish und Uzbek languages, each of these texts being equally
                                                                          authentic.
                              Article 19
                                                                                  For the Government                    For the Council
This Agreement shall apply, on the one hand, to the territories in                  of the Republic                            of
which the Treaty establishing the European Economic                                  of Uzbekistan                 theEuropean Communities
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                                    ANNEX I
       (The contents of this Annex I are identical to those of pages 9 to 41)
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                                                                 ANNEX II
          (The full products descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)
                                               COMMUNITY QUANTITATIVE LIMITS
                 Category                  Unit                     1993                  1994                   1995
          2                           tonnes                       2 600                  2 691                  2 785
          of which 2 a)               tonnes                         550                    569                    589
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                                                          ANNEX III
    Products without quantitative limits subject to the double-checking system referred to in Article 2 (3) of the
    Agreement.
    (The full products descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)
    Category:
    1
    3
    4
    5
    6
    7
    8
    15
    20
    26
    159
    161
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                          ANNEX IV
             Raw materials referred to in Article 17
                            Angora
                           Cashmere
                            Cotton
                      Silk and silk waste
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                                                               PROTOCOL A
                                TITLE I                                   this Agreement shall be accompanied by a certificate of Uzbek
                                                                          origin conforming to the model annexed to this Protocol.
                          CLASSIFICATION
                                                                          2. The certificate of origin shall be certified by the competent
                                                                          Uzbek organizations authorized under the Uzbek legislation if the
                                                                          products in question can be considered products originating in
                               Article 1                                  that country within the meaning of the relevant rules in force in
                                                                          the Community.
1. The competent authorities of the Community undertake to
inform Uzbekistan of any changes in the combined nomenclature             3. However, the products in Groups III, IV and V may be
(CN) before the date of their entry into force in the Community.          imported into the Community in accordance with the
                                                                          arrangements established by this Agreement on production of
2. The competent authorities of the Community undertake to                a declaration by the exporter on the invoice or other commercial
inform the competent authorities of Uzbekistan of any decisions           document relating to the products to the effect that the products
relating to the classification of products subject to the present         in question originate in Uzbekistan within the meaning of the
Agreement, within one month of their adoption at the latest. Such         relevant rules in force in the Community.
communication shall include:
a) a description of the products concerned;                               4. The certificate of origin referred to in paragraph 1 shall not be
                                                                          required for import of goods covered by a certificate of origin
b) the relevant category and the related CN codes;                        Form A or Form APR completed in accordance with the relevant
c) the reasons which have led to the decision.                            Community rules in order to qualify for generalized tariff
                                                                          preferences.
3. Where a decision on classification results in a change of
classification practice or a change of category of any product
subject to the Agreement, the competent authorities of the
Community shall provide 30 days’ notice, from the date of the
Community’s communication, before the decision is put into
effect. Products shipped before the date of entry into effect of the                                     Article 3
decision shall remain subject to the earlier classification practice,
provided that the goods in the question are presented for                 The certificate of origin shall be issued only on application having
importation into the Community within 60 days of that date.               been made in writing by the exporter or, under the exporter’s
                                                                          responsibility, by his authorized representative. The competent
4. Where a Community decision on classification resulting in              Uzbek organizations authorized under Uzbek legislation shall
a change of classification practice or a change of categorization of      ensure that the certificate of origin is properly completed and for
any product subject to the Agreement affects a category subject to        this purpose they shall call for any necessary documentary
quantitative limits, the Contracting Parties agree to enter into          evidence or carry out any check which they consider appropriate.
consultation in accordance with the procedures described in
Article 15 of the Agreement with a view to honouring the
obligation under the second subparagraph of Article 11 (1) of the
Agreement.
5. In case of divergent opinions between Uzbekistan and the
competent Community authorities at the point of entry into the                                           Article 4
Community on the classification of products covered by the
present Agreement, classification shall provisionally be based on         Where different criteria for determining origin are laid down for
indications provided by the Community, pending consultations in           products falling within the same category, the certificates or
accordance with Article 15 with a view to reaching agreement on           declarations of origin must contain a sufficiently detailed
definitive classification of the product concerned.                       description of the goods so as to enable Uzbek criterion to be
                                                                          determined, on the basis of which the certificate was issued or the
                                                                          declaration drawn up.
                               TITLE II
                               ORIGIN
                                                                                                         Article 5
                                                                          The discovery of slight discrepancies between the statements
                               Article 2                                  made in the certificate of origin and those made in the documents
                                                                          produced to the customs office for the purpose of carrying out the
1. Products originating in Uzbekistan for export to the                   formalities for importing the products shall not ipso facto cast
Community in accordance with the arrangements established by              doubt upon the statements in the certificate.
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                               TITLE III                                                                Article 9
                  DOUBLE-CHECKING SYSTEM                                 1. Exports shall be set off against the quantitative limits
                                                                         established for the year in which the shipment of the goods has
                                                                         been effected even if the export licence is issued after such
                                                                         shipment.
                                                                         2. For the purpose of applying paragraph 1, shipment of the
                             Section I                                   goods is considered to have taken place on the date of their
                                                                         loading onto the exporting aircraft, vehicule or vessel.
                            Exportation
                                                                                                        Article 10
                              Article 6
                                                                         The presentation of an export licence, in application of Article 12
1. The competent authorities of Uzbekistan shall issue an export         hereafter, shall be effected not later than 31 March of the year
licence in respect of all consignments from Uzbekistan of textile        following that in which the goods covered by the licence have
products subject to any definitive or provisional quantitative           been shipped.
limits established under Article 5 of the Agreement, up to the
relevant quantitative limits as may be modified by Articles 4, 6 and
8 of the Agreement, as well as of all consignments of textile
products subject to a double-checking system without
quantitative limits as provided for in Article 2 (3) and (4) of the
Agreement.                                                                                             Section II
                                                                                                      Importation
                              Article 7
                                                                                                        Article 11
1. For products subject to quantitative limits under this
Agreement the export licence shall conform to Model 1 annexed            Importation into the Community of textile products subject to
to this Protocol and it shall be valid for exports throughout the        quantitative limits or to a double-checking system pursuant to this
customs territory to which the Treaty establishing the European          Agreement shall be subject to the presentation of an import
Economic Community applies. However, where the Community                 authorization.
has made recourse to the provisions of Articles 5 and 7 of the
Agreement 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 regions) of the Community indicated in those licences.
                                                                                                        Article 12
2. Each export licence must certify inter alia that the quantity of
the product in question has been set off against the quantitative        1. The competent authorities of the Community shall issue the
limit established for the category of the product concerned and          import authorization referred to in Article 11 above, within five
shall only cover one of the categories of products listed in Annex       working days of the presentation by the importer of the original
II. It may be used for one or more consignments of the products          of the corresponding export licence.
in question.
                                                                         2. The import authorizations concerning products subject to
3. For products subject to a double-checking system without              quantitative limits shall be valid for six months from the date of
quantitative limits the export licence shall conform to Model 2          their issue for imports throughout the customs territory to which
annexed to this Protocol. It shall only cover one category of            the Treaty establishing the European Economic Community is
products and may be used for one or more consignments of the             applied. However, where the Community has recourse to the
products in question.                                                    provisions of Articles 5 and 7 of the Agreement in accordance
                                                                         with the provisions of the Agreed Minute No 1, or to the Agreed
                                                                         Minute No 2, the products covered by the import licences can only
                                                                         be put into free circulation in the regions) of the Community
                                                                         indicated in those licences.
                              Article 8                                  3. The import authorizations for products subject to
                                                                         a double-checking system without quantitative limits shall be valid
The competent authorities of the Community must be informed              for six months from the date of their issue for imports throughout
immediately of the withdrawal or modification of any export              the customs territory to which the Treaty establishing the
licence already issued.                                                  European Economic Community is applicable.
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4. The competent authorities of the Community shall cancel the            several copies only the top copy, which is the original, shall be
import authorization already issued whenever the corresponding            printed with the guilloche pattern background. This copy shall be
export licence has been withdrawn.                                        clearly marked as “original” and the other copies as “copies”. Only
                                                                          the original shall be accepted by the competent authorities of the
However, if the competent authorities of the Community are                Community as being valid for the purpose of export to the
notified of the withdrawal or the cancellation of the export licence      Community in accordance with the provision of the Agreement.
only after the importation of the products into the Community,
the relevant quantities shall be set off against the quantitative         2. Each document shall bear a standardized serial number,
limits established for the category and the quota year concerned.         whether or not printed, by which it can be identified.
                                                                          This number shall be composed of the following elements:
                                                                          — two letters identifying the exporting country as follows: UZ,
                                                                          — two letters identifying the intended Member State of customs
                                                                              clearance as follows:
                             Article 13
                                                                              BL = Benelux,
1. If the competent authorities of the Community find that the
total quantities covered by export licences issued by the                     DE = Federal Republic of Germany,
competent authorities of Uzbekistan for a particular category in
any year exceed the quantitative limit established in accordance              DK = Denmark,
with Article 5 of the Agreement for that category established in
Annex II for that category as may be modified by Articles 3, 4 and            EL = Greece,
6 of the Agreement, or any quantitative limit established in
accordance with Article 5 of the Agreement, the said authorities              ES = Spain,
may suspend the further issue of import authorizations. In this
event, the competent authorities of the Community shall                       FR = France,
immediately inform the authorities of Uzbekistan and the special
consultation procedure set out in Article 15 of the Agreement                 GB = United Kingdom,
shall be initiated forthwith.
                                                                              IE = Ireland,
2. Exports of products of Uzbek origin subject to quantitative
limits or a double-checking system and not covered by Uzbek                   IT = Italy,
export licences issued in accordance with the provisions of this
Protocol may be refused an import authorization by the                        PT = Portugal,
competent Community authorities.
                                                                          — a one-digit number identifying quota year, corresponding to
However, without prejudice to Article 6 of the Agreement if the               the last figure in the respective year, e.g. 3 for 1993,
import of such products is allowed into the Community by the
competent authorities of the Community, the quantities involved
shall not be set off against the appropriate quantitative limits          — a two-digit number from 01 to 99, identifying the particular
established in Annex II, or established by virtue of Article 5 of the         issuing office concerned in the exporting country,
Agreement, without the express agreement of the competent
authorities of Uzbekistan.                                                — a five-digit number running consecutively from 00001 to
                                                                              99999 allocated to the intended Member State of customs
                                                                              clearance.
                              TITLE IV
  FORM AND PRODUCTION OF EXPORT CERTIFICATES AND                                                         Article 15
   CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS
         CONCERNING EXPORTS TO THE COMMUNITY
                                                                          The export licence and the certificate of origin may be issued after
                                                                          the shipment of the products to which they relate. In such cases
                                                                          they must bear the endorsement “délivré a posteriori” or the
                                                                          endorsement “issued retrospectively”.
                             Article 14
1. The export licence and the certificate of origin may comprise
additional copies duly indicated as such. They shall be made out
                                                                                                         Article 16
in English or French. If they are completed by hand, entries must
be in ink and in printed script.
                                                                          1. In the event of a theft, loss or destruction of an export licence
These documents shall measure 210 × 297 mm. The paper used                or a certificate of origin, the exporter may apply to the competent
shall be white writing paper, sized, not containing mechanical            Uzbekistann authorities which issued the document for a
pulp, and weighing not less than 25 g/m˛. If the documents have           duplicate to be made out on the basis of the export documents in
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his possession. The duplicate of any such certificate or licence so       2. In such cases, the competent authorities in the Community
issued shall bear the endorsement “duplicata” or “duplicate”.             shall return the certificate of origin or the export licence or a copy
                                                                          thereof to the competent Uzbek authorities, giving, where
                                                                          appropriate, the reasons of form or substance which justify an
2. The duplicate shall bear the date of the original export licence       enquiry. If the invoice has been submitted, such invoice or a copy
or certificate of origin.                                                 thereof shall be attached to the certificate or to the licence or their
                                                                          copies. The authorities shall also forward any information that has
                                                                          been obtained suggesting that the particulars given on the said
                                                                          certificate or licence are inaccurate.
                                TITLE V                                   3. The provisions of paragraph 1 above shall also apply to
                                                                          subsequent verifications of the declarations of origin provided for
                 ADMINISTRATIVE COOPERATION                               in Article 2 of this Protocol.
                                                                          4. The results of the subsequent verifications carried out in
                                                                          accordance with paragraphs 1 and 2 above shall be
                                                                          communicated to the competent authorities of the Community
                                                                          within three months at the latest. The information communicated
                               Article 17                                 shall indicate whether the disputed certificate, licence or
                                                                          declaration, applies to the goods actually exported and whether
The Community and Uzbekistan shall cooperate closely in the               these goods are eligible for export under the arrangements
implementation of the provisions of this Protocol. To this end,           established by the Agreement. The information shall also include,
contacts and exchanges or views, including on technical matters,          at the request of the Community, copies of all the documentation
shall be facilitated by both Parties.                                     necessary to fully determine the facts, and in particular the true
                                                                          origin of the goods.
                                                                          Should such verifications reveal systematic irregularities in the use
                                                                          of declarations of origin, the Community may subject imports of
                                                                          the products in question to the provisions of Article 2 (1) of this
                               Article 18                                 Protocol.
In order to ensure the correct application of this Protocol, the          5. For the purpose of subsequent verification of certificates of
Community and Uzbekistan offer mutual assistance for the                  origin, copies of the certificates as well as any export documents
checking of the authenticity and the accuracy of export licences          referring to them shall be kept for at least two years by the
and certificates of origin issued or of any declarations made within      competent Uzbek authorities.
the terms of this Protocol.
                                                                          6. Recourse to the random verification procedure specified in this
                                                                          Article must not constitute an obstacle to the release for home use
                                                                          of the products in question.
                               Article 19
Uzbekistan shall transmit to the Commission of the European
Communities the names and addresses of the authorities                                                  Article 21
competent to issue and verify the export licences and the
certificates of origin, together with specimens of the stamps used        1. Where the verification procedure referred to in Article 20 or
by these authorities and specimen signatures of officials                 where information available to the competent authorities of the
responsible for signing the export licences and the certificates of       Community or of Uzbekistan indicates or appears to indicate that
origin. Uzbekistan shall also notify the Community of any change          the provisions of this Agreement are being circumvented or
in this information.                                                      infringed, the two Contracting Parties shall cooperate closely and
                                                                          with the appropriate urgency in order to prevent any such
                                                                          circumvention or infringement.
                                                                          2. To this end, the competent authorities of Uzbekistan shall, on
                               Article 20                                 their own initiative or at the request of the Community, carry out
                                                                          appropriate inquiries, or arrange for such inquiries to be carried
                                                                          out, concerning operations which are, or appear to the
1. Subsequent verification of certificates of origin or export            Community to be, in circumvention or infringement of this
licences shall be carried out at random, or whenever the                  Protocol. Uzbekistan shall communicate the results, of these
competent Community authorities have reasonable doubt as to               inquiries to the Community, including any other pertinent
the authenticity of the certificate or licence or as to the accuracy      information enabling the cause of the circumvention or
of the information regarding the true origin of the products in           infringement, including the true origin of the goods to be
question.                                                                 determined.
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3. By agreement between the Community and Uzbekistan,                 where the Community has reasonable grounds to consider that
officials designated by the Community may be present at the           the products in question may be in transit across the territory of
inquiries referred to in paragraph 2 above.                           Uzbekistan prior to their importation into the Community. This
                                                                      information may include at the request of the Community copies
4. Pursuant to the cooperation referred to in paragraph 1 above,      of all available relevant documentation.
the competent authorities of the Community and Uzbekistan shall
exchange any information considered by either Contracting Party       5. Where sufficient evidence shows that the provisions of this
to be of use in preventing circumvention or infringement of the       Protocol have been circumvented or infringed, the competent
provisions of this Agreement. These exchanges may include             authorities of Uzbekistan and the Community may agree to take
information on the production of textile, products in Uzbekistan      the measures set out in Article 6 (4) of the Agreement, and any
and on the trade in the type of products covered by this              other measures as are necessary to prevent a recurrence of such
Agreement between Uzbekistan and third countries, particularly        circumvention or infringement.
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                                                  PROTOCOL B
                                             referred to in Article 9
                          Cottage industry and folklore products originating in Uzbekistan
    1. The exemption provided for in Article 9 in respect of cottage industry products shall apply to the
       following types of product only:
       a) fabrics woven on looms operated solely by hand or foot, being fabrics of a kind traditionally made
           in the cottage industry of Uzbekistan;
       b) garments or other textile articles of a kind traditionally made in the cottage industry of Uzbekistan
           obtained manually from the fabrics referred to above and sewn exclusively by hand without the
           aid of any machine;
       c) traditional folklore products of Uzbekistan made by hand, in a list to be agreed between the
           Community and Uzbekistan.
       Exemption shall be granted in respect only of products covered by a certificate conforming to the
       specimen attached to this Protocol and issued by the competent authorities in Uzbekistan. These
       certificates must indicate the reasons justifying their issuance; the competent authorities of the
       Community will accept them after having checked that the products concerned have fulfilled the
       conditions established in this Protocol. The certificates concerning the products envisaged in c) above
       must bear a stamp “FOLKLORE” marked clearly. In the case of a difference of opinion between the
       Parties concerning the nature of these products, consultations shall be held within one month in order
       to resolve these differences.
       Should imports of any product covered by this Protocol reach proportions liable to cause problems
       within the Community, consultations with Uzbekistan shall be initiated as soon as possible, with
       a view to resolving the situation by the adoption if necessary of a quantitative limit, in accordance
       with the procedure laid down in Article 15 of this Agreement.
    2. The provisions of Titles IV and V of Protocol A shall apply mutatis mutandis to the products covered
       by paragraph 1 of this Protocol.
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                                                   PROTOCOL C
    Reimports into the Community, within the meaning of Article 3 (3) of this Agreement, of products listed
    in the Annex to this Protocol shall be subject to the provisions of this Agreement, unless the special
    provisions below provide otherwise:
    1. Subject to paragraph 2, only reimports into the Community of products affected by the specific
        quantitative limits laid down in the Annex to this Protocol shall be considered reimports within the
        meaning of Article 3 (3) of the Agreement.
    2. Reimports not covered by the Annex to this Protocol may be made subject to specific quantitative
        limits following consultations in accordance with the procedures set out in Article 15 of the
        Agreement, provided the products concerned are subject to quantitative limits under Annex II to the
        Agreement, to a double-checking system or to surveillance measures.
    3. Having regard to the interests of both Parties, the Community may at its discretion, or in response
        to a request under Article 15 of the Agreement:
        a) examine the possibility of transferring from one category to another, using in advance or carrying
            over from one year to the next, portions of specific quantitative limits;
        b) consider the possibility of increasing specific quantitative limits.
    4. However, the Community may apply automatically the flexibility rules set out in paragraph 3 above
        within the following limits:
        a) transfers between categories may not exceed 20 % the quantity for the category to which the
            transfer is made;
        b) carry-over of a specific quantitative limit from one year to the next may not exceed 10,5 % of the
            quantity set for the year of actual utilization;
        c) advance use of specific quantitative limits from one year to another may not exceed 7,5 % of the
            quantity set for the year of actual utilization.
    5. The Community shall inform Uzbekistan of any measures taken pursuant to the preceding
        paragraphs.
    6. The competent authorities in the Community shall debit the specific quantitative limits referred to
        in paragraph 1 at the time of issue of the prior authorization required by Council Regulation (EEC)
        No 636/82 which governs economic outward processing arrangements. A specific quantitative limit
        shall be debited for the year in which a prior authorization is issued.
    7. A certificate of origin made out by the organizations authorized to do so under Uzbekistan law shall
        be issued, in accordance with Protocol A to the Agreement, for all products covered by this Protocol.
        This certificate shall bear a reference to the prior authorization mentioned in paragraph 6 above as
        evidence that the processing operation it describes has been carried out in Uzbekistan.
    8. The Community shall provide Uzbekistan with the names and addresses of, and specimens of the
        stamps used by, the competent authorities of the Community which issue the prior authorizations
        referred to in paragraph 6 above.
    9. Without prejudice to the provisions of paragraphs 1 to 8 above, Uzbekistan and the Community shall
        continue consultations with a view to seek a mutually acceptable solution enabling both Contracting
        Parties to benefit from the Agreement’s provisions on outward processing traffic and so ensure the
        effective development of trade in textile products between Uzbekistan and the Community.
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                                                         Annex to Protocol C
          (The product descriptions of the categories listed in this Annex are to be found in Annex I to the Agreement)
                                                           OPT QUOTAS
                                           COMMUNITY QUANTITATIVE LIMITS
              Category                  Unit                    1993                   1994                  1995
                (pm)                    (pm)                    (pm)                   (pm)                  (pm)
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                                             PROTOCOL D
    The annual growth rate for the quantitative limits which may be introduced under Article 5 of the
    Agreement for the products covered by the Agreement shall be fixed by Agreement between the Parties
    in accordance with the consultation procedures established in Article 15 of the Agreement.
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                                                   Agreed Minute No 1
          In the context of the Agreement between the European Economic Community and the Republic of
          Uzbekistan on trade in textile and clothing products, initialled on 8 June 1993, the Parties agreed that
          Article 5 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, the Republic of Uzbekistan 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 the Republic of Uzbekistan                          of the European Communities
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                                               Agreed Minute No 2
    Nothwithstanding Article 7 (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 7 (3), Uzbekistan 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 regions) concerned of products which were shipped from Uzbekistan on the basis
    of export licences obtained before the date of formal notification to Uzbekistan by the Community about
    the introduction of the above limits.
    The Community shall inform Uzbekistan 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                                            For the Council
          Governmentof the Republic of Uzbekistan                      of the European Communities
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                                                        Note verbale
          The Directorate-General for External Relations of the Commission of the European Communities
          presents its compliments to the Ministry of Foreign Affairs of the Republic of Uzbekistan and has the
          honour to refer to the Agreement on textile products negotiated between Uzbekistan and the Community
          initialled on 8 June 1993.
          The Directorate-General wishes to inform the Ministry that the Community has decided to apply, starting
          from 1 January 1993, the provisions of paragraph 1 of Agreed Minute No 2 to the Agreement initialled
          on 8 June 1993. 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 Ministry
          of Foreign Affairs of the Republic of Uzbekistan the assurance of its highest consideration.
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                                               Agreed Minute No 3
    In the context of the Agreement between the European Economic Community and the Republic of
    Uzbekistan on trade in textile and clothing products, initialled on 8 June 1993, the Parties agreed that
    Uzbekistan 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 the Republic of Uzbekistan further agreed to hold consultations, should the need
    arise, in order to avert any problems which might occur in this respect.
                      For the Government                                     For the Council
                 of the Republic of Uzbekistan                        of the European Communities
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                                                      Agreed Minute No 4
          In the context of the Agreement between the European Economic Community and the Republic of
          Uzbekistan on trade in textile and clothing products, initialled on 8 June 1993, the Republic of
          Uzbekistan agreed that, from the date of request for and pending the consultations referred to in Article
          7 (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 the Republic of Uzbekistan                          of the European Communities
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                                              Exchange of notes
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Ministry of Foreign Affairs of the Republic of Uzbekistan and has the
    honour to refer to the Agreement on textile products between Uzbekistan and the Community initialled
    on 8 June 1993.
    The Directorate-General wishes to inform the Ministry that whilst awaiting the completion of the
    necessary procedures for the conclusion and the coming into force of the 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 Agreement
    provided that 120 days’ notice is given.
    The Directorate-General for External Relations would be grateful if the Ministry would confirm its
    Agreement to the foregoing.
    The Directorate-General for External Relations avails itself of this opportunity to renew to the Ministry
    of Foreign Affairs of the Republic of Uzbekistan the assurance of its highest consideration.
                                              Exchange of notes
    The Ministry of Foreign Affairs of the Republic of Uzbekistan 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 Agreement on textile products between the Community and the Republic of
    Uzbekistan initialled in Brussels on 8 June 1993.
    The Ministry of Foreign Affairs of the Republic of Uzbekistan 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 Agreement, the Government of Uzbekistan 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 Agreement provided that 120 days’
    notice is given.
    The Ministry of Foreign Affairs of the Republic of Uzbekistan avails itself of this opportunity to renew
    to the Directorate-General for External Relations of the Commission of the European Communities the
    assurance of its highest consideration.
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                                                    Agreed Minute No 5
          In the context of the Agreement between the European Economic Community and the Republic of
          Uzbekistan on trade in textile products initialled on 8 June 1993, the Parties agreed that, in conformity
          with Article 20 (2), of the Agreement, the quantities of products originating in Uzbekistan shipped during
          the year 1993 and falling within one of the categories of textile products subject to the quantitative limits
          referred to in Article 2 (1) of the Agreement shall be set off against the quantitative limits established for
          the year 1993 for the category concerned.
                                  For the                                             For the Council
                Government of the Republic of Uzbekistan                      of the European Communities