CELEX: 51992PC0549
Language: en
Date: 1992-12-10
Title: Proposal for a COUNCIL DECISION on the conclusion of the agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the People's Republic of Bangladesh on trade in textile products

COMMISSION OF THE EUROPEAN COMVTUNITIES
                                             C0M(92)549  final
                                             Brussels, 10 December 1992
                              Proposal for a
                             cmmcAL   DECISION
                     ON THE CONCLUSION OF THE AGREEMENT
   IN THE FORM OF AN EXCHANGE OF LETTERS AMENDING THE AGREEMENT BETWEEN
         THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE'S REPUBLIC
                 OF BANGLADESH ON TRADE IN TEXTILE PRODUCTS
                       (presented by the Commission)
 ---pagebreak---                                     I
            Proposal for a Council Decision on the conclusion
    of the Agreement in the form of an Exchange of Letters amending
        the Agreement between the European Economic Community and
    the People's Republic of Bangladesh on Trade in Textile products
Explanatory Memorandum
By decision dated 19 December 1991 the Council approved the renewal for
1992 of the MFA-type Agreement in the form of an Exchange of Letters
between the EEC and the People's Republic of Bangladesh, amending the
Agreement applied since 1. January 1987.
On 20 May 1992 the Council authorised the Commission to start
consultations with the authorities of Bangladesh in order to establish
a double checking system of monitoring of imports of textile categories
4, 6 and 8 from Bangladesh, in view of the widespread evidence of fraud
in shipments of the above categories of textile products.
On 21 and 22 May 1992 consultations between the Commission and
Bangladesh authorities were held in Brussels. On 9 of October 1992 an
Agreement on the introduction of a double checking system for goods of
MFA categories 4, 6 and 8 shipped from Bangladesh was initialled in the
form of an Exchange of Letters amending the Agreement in force.
The proposed Council decision is both appropriate and necessary in
order to safeguard the proper application of the Agreement by avoiding
problems of circumvention that could Jeopardize the whole textiles
policy of the Community.
Consequently, it is proposed that the Council approve on behalf of the
Community the attached Decision concerning the conclusion of the
Agreement in the form of an Exchange of Letters amending the agreement
between the European Economic Community and the Peoplefs Republic of
Bangladesh.
 ---pagebreak---                        COUNCIL DECISION ON THE CONCLUSION
    OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS AMENDING
          THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
  AND THE PEOPLE'S REPUBLIC OF BANGLADESH ON TRADE IN TEXTILE PRODUCTS
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the             European Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Commission with the cooperation of              the Bangladesh
authorities could recently collect evidence of widespread frauds in
shipments apparently from Bangladesh of products of MFA categories 4, 6
and 8.
Whereas the Commission has negotiated on behalf of the Community an
Agreement in the form of an Exchange of Letters amending the Agreement
between the European Economic Community and the People's Republic of
Bangladesh on trade in textile products, in order to bring under
control and to eliminate the circumvention of the provisions of the
Agreement ;
Whereas this Agreement should be approved,
HAS DECIDED AS FOLLOWS :
                                 Article 1
1.   The Agreement in the form of an Exchange of Letters amending the
     Agreement between the European Economic Community and the People's
     RepubIic of Bangladesh on trade in textile products, as extended,
     is approved on behalf of the European Economic Community.
     The text of the Agreement in the form of an Exchange of letters is
     attached to this Decision.
2.   The President of the Council is hereby authorized to designate the
     persons empowered to sign the Agreement referred to in paragraph 1
     in order to bind the Community.
                                 Art icle 2
This Decision shall enter into force on the third day following the day
of its publication in the official journal of the European Communities.
Done at Brussels                          For the Counci
                                          The President
 ---pagebreak---                         A G R E E M E N T
         in the form of Exchange of Letters amending the
      Agreement between the European Economic Community and
the People's Republic of Bangladesh on    trade in textile products
            kv&;jM             -     /W«fe <- lh°             ^sf0^.'^'
 ---pagebreak---                                             AGREEMENT
                 in the form of Exchange of Letters amending the
             Agreement between the European Economic Community and
     the People's Republic of Bangladesh               on trade in textile products
                                      Letter Number One
  Sir ,
  1.   I have the honour to refer to the consultations held in Brussels on
       21 and     22 May     1992   between     our   respective    delegations      for   the
       purpose of       amending   the     Agreement    on  trade   in   textile    products
       between the European Economic Community and the People's Republic
       of   Bangladesh,       applied     since   1   January    1987,    as   extended     by
       Exchange     of   Letters    initialled     on   12 December     1991   and    applied
       since    1   January     1992,     in  order    to  deal   effectively      with    the
       problems of circumvention that have arisen in the trade between the
       par ties.
  2.   As a    result     of   these    consultations,     both   parties    agree    on   the
        introduction, initially for the products of categories                  4, 6 and 8,
       of a double checking system            based on export and import licences as
       described     in Protocol       A   Titles   111,   IV and    V of    the   bilateral
       agreement, but without quantitative limits. Both parties agree that
        in  the    light   of   their    "experience     in operating      the   system    its
       coverage     may    by   mutual     consent    be   altered    either    to    include
       products of other categories or to exclude products for which the
       system is no longer considered necessary.
  3.   Both parties agree that the amendments stemming from this Exchange
       of Letters shall enter          into force on the day following the date on
       which    the     Patties    have      notified    each   other    that     the    h;gal
       procedures      necessary     to   this end    have   been   completed.     It    shall
       remain in force until 31 December 1992.
\ /,     /                                                                             i       /
V .
 ---pagebreak---                                 /
4. I should be obliged if you would kindly confirm the acceptance of
   your Government to the foregoing.
5. Please accept. Sir, the assurance of my highest consideration.
                                      For the Council
                              of the European Communities
 ---pagebreak---                                          AGREEMENT
                  in the form of. Exchange, of Letters amending the
               Agreement between the European Economic Community and
       the People's Republic of Bangladesh          on trade in textile products
                                     Letter Number Two
    Sir,
    I have the honour to acknowledge receipt of your letter of
        which reads as follows:
    "1. I have the honour to refer to the consuI tat ions held in Brussels on
         21 and    22 May    1992 between our      respective    delegations    for   the
         purpose of     amending   the Agreement      on  trade   in textile products
         between the European Economic Community and the People's Republic
        of   Bangladesh,      applied   since   1   January    1987, as    extended    by
         Exchange of     Letters    initialled on     12 December    1991  and   applied
         since   1 January      1992,   in order     to  deal   effectively   with    the
         problems of circumvention that have arisen in the trade between the
         part ies.
    2.   As a result      of   these  consultations, both parties agree on            the
         introduction, initially for the products of categories             4, 6 and 8,
        of a double checking system         based on export and import licences as
         described    in Protocol     A Titles    III,   IV and V of     the bilateral
         agreement, but without quantitative limits. Both parties agree that
         in  the    light  of   their   experience     in operating    the  system    its
         coverage    may   by   mutual   consent    be   altered   either   to    include
         products of other categories or to exclude products for which the
         system is no longer considered necessary.
    3.   Both patties agree that the amendments stemming from this Exchange
        of Letters shall enter        into force on the day following the date on
        which    the    Patties    have   notified     each   other   that   the    legal
         proceduies necessary       to this end     have been completed.       It   shall
         remain in force until 31 December 1992.                                       x-
( )
 ---pagebreak---                                       -t-
   4.  I should be obliged if you would kindly confirm the acceptance of
       your Government to the foregoing.
   5.  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 People's Republic of
                                                  Bangladesh
W3.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 549 final
                                                      DOCUMENTS
EN                                                                          1102
                                Catalogue number : CB-CO-92-571-EN-C
                                                             ISBN 92-77-50672-5
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