CELEX: 21992A1231(26)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Argentiinan tasavallan välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

11 /Nide 30                                     Euroopan yhteisöjen virallinen lehti                                     143
292A1231 26)
N:o L 1 10/ 126                       EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                          30.04.94
                                                           AGREEMENT
              in the form of an exchange of letters amending the Agreement between the European Economic
                             Community and the Republic of Argentina on trade in textile products
                                                            Letter No 1
              Sir,
              1.     I have the honour to refer to the consultations held on 18 December 1 992 between our
                     respective delegations for the purpose of amending the Agreement on trade in textile
                     products between the European Economic Community and the Republic of Argentina
                     applied since 1 January 1987, as extended by the exchange of letters applied since
                     1 January 1992 ( hereinafter 'the Agreement').
              2.     As a result of these consultations, both Parties agreed to amend the following provisions of
                     the Agreement:
              2.1 .  Annex I and Annex II which set out the products concerned by the Agreement and the
                     quantitative restrictions for exports from the Republic of Argentina to the European
                     Economic Community, are replaced for the period 1 January 1993 to 31 December 1994
                     by Appendix 1 and Appendix 2 to this letter, respectively .
              2.2 .  Article 8 ( 6 ) and Protocol C to the Agreement are deleted .
              2.3 .  Article 9 ( 2 ) is replaced by the following :
                     'The information referred to in paragraph 1 shall , for all categories of products , be
                     forwarded before the end of the month following the month to which the statistics
                     relate .'
              2.4 .  Article 12 is replaced by the following:
                     ' 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Argentine origin will not be broken down by the
                           Community into regional shares .
                       2 . The Parties shall cooperate in order to prevent sudden -and prejudicial changes in
                           traditional trade flows resulting in regional concentration of direct imports into the
                           Community .
                       3 . Argentina shall monitor its exports of products under restraint or surveillance into the
                           Community. Should a sudden and prejudicial change in traditional trade flows arise,
                           the Community will be entitled to request consultations in order to find a satisfactory
                           solution to those problems. Such consultations must be held within 15 working days of
                           their being requested by the Community.
                       4. Argentina shall endeavour to ensure that exports of textile products subject to
                           quantitative limits into the Communtiy are spaced out as evenly as possible over the
                           year due account being taken in particular of seasonal factors .'
              2.5 .  Article 14 and all references to this Article in the Agreement are deleted .
              2.6 .  The following is added at the beginning of Article 16 ( 1 ):
                     ' 1 . Save where it is otherwise provided for in this Agreement, . . .'
              2.7 .  The second sentence of Article 18 ( 1 ) is replaced by the following:
                      'It shall be applicable until 31 December 1994. Thereafter, the application of all the
                     provisions of this Agreement shall be extended automatically for a period of one more year
                     up to 31 December 1995 , unless either Party notifies the other at least six months before
                     31 December 1994 that it does not agree with this extension . However, if the Agreement
                     on trade in textiles and clothing products resulting from the Uruguay Round GATT trade
 ---pagebreak--- 144                                    Euroopan yhteisöjen virallinen lehti                              11 /Nide 30
           negotiations is concluded and enters into force at an earlier date, this Agreement shall be
           automatically terminated as of the date agreed for the implementation of the results of the
           Uruguay Round GATT trade negotiations .'
    2.8 .  The first sentence of Article 7 ( 1 ) of Protocol A is replaced by the following:
           ' 1 . The export licence shall conform to the model annexed to this Protocol and it shall be
                 valid for exports throughout the customs territory to which the Treaty establishing the
                 European Economic Community is applied . However, where the Community has made
                 recourse to the provisions of Article 8 in accordance with the provisions of Agreed
                 Minute No 1 , or to Agreed Minute No 2, the textile products covered by the export
                 licences can only be put into free circulation in the region(s ) of the Community
                 indicated in those licences .'
    2.9 .  The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
           following:
           'The import authorizations shall be valid for six months from the date of their issue for
           imports throughout the customs territory to which the Treaty establishing the European
           Economic Community is applied . However, where the Community has recourse to the
           provisions of Article 8 in accordance with the provisions of Agreed Minute No 1 , or to
           Agreed Minute No 2, the products covered by the import licences can only be put into free
           circulation in the region(s ) of the Community indicated in those licences .'
    2.10 . The second and fifth indents of Article 14 ( 2 ) of Protocol A are replaced by the
           following:
           '— two letters identifying the intended Member State of customs clearance as follows :
                 BL    = Benelux ,                                     FR   = France,
                 DE = Germany,                                         GB   = United Kingdom ,
                 DK = Denmark ,                                        IE   = Ireland ,
                 EL    = Greece,                                       IT   = Italy,
                 ES    = Spain ,                                       PT   = Portugal ',
                 a five-digit number running consecutively from 00001 to 99999 allocated to the
                 intended Member State of customs clearance .'
    2.11 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of the
           Agreement.
    2.12 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of the
           Agreement.
    2.13 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of the
           Agreement.
    2.14. Agreed Minute No 4 set out in Appendix 6 to this letter shall form an integral pan of the
           Agreement.
    3.     The Parties agreed that this Agreement in the form of an exchange of letters shall enter into
           force on the first day of the month following the day on which the Parties have notified
           each other that the legal procedures necessary to this end have been completed .
           The Parties aiso agreed that this Agreement in the form of an exchange of letters and the
           amendments hereby to the Agreement of 1987, as extended , shall be applied provisionally
           from 1 January 1993 .
    4.     I should be obliged if you kindly confirm the acceptance of your Government of the
           foregoing .
    Please accept, Sir, the assurance of my highest consideration .
                                                                              For the Council
                                                                       of the European Communities
 ---pagebreak--- Il /Nide 30                                   Euroopan yhteisöjen virallinen lehti                                      145
                                                             Appendix 1
            (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                              16 to 42 )
                                                             Appendix 2
                                                             ANNEX II
            (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                             Agreement )
                                            COMMUNITY QUANTITATIVE LIMITS
                    Category                   Unit                      1993             1994             1995
            1                       tonnes                               4 246            4 331            4418
            2                       tonnes                               6 294            6 401            6510
            of which 2 (a )         tonnes                               5 728            5 825            5 924
            46                      tonnes                              19 579           20 754           21 999 ,
                                                             Appendix 3
                                                       Agreed Minute No 1
            In the context of the Agreement between the European Economic Community and the Republic of
            Argentina on trade in textile and clothing products, initialled on 18 December 1992, the Parties
            agreed that Article 8 of the Agreement does not preclude the Community, if the conditions are
            fulfilled, from applying the safeguard measures for one or more of its regions in conformity with
            the principles of the internal market.
            In such an event, Argentina 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 Argentina                          of the European Communities
 ---pagebreak--- 146                                   Euroopan yhteisöjen virallinen lehti                              1 l /Nide 30
                                                 Appendix 4
                                            Agreed Minute No 2
    Notwithstanding Article 12 ( 1 ) of this Agreement, for imperative technical or administrative
    reasons or to find a solution to economic problems resulting from regional concentration of
    imports, or in order to combat circumvention and fraud of the provisions of this Agreement, the
    Community will establish for a limited period of time a specific management system in conformity
    with the principles of the internal market.
    However, if the Parties are unable to reach a satisfactory solution during the consultations
    provided for in Article 12 (3 ), Argentina undertakes, if so requested by the Community, to respect
    temporary export limits for one or more regions of the Community. In such a case, these limits
    shall not preclude the importation into the region(s) concerned of products which were shipped
    from Argentina on the basis of export licences obtained before the date of formal notification to
    Argentina by the Community about the introduction of the above limits.
    The Community shall inform Argentina of the technical and administrative measures, such as
    defined in the attached note verbale, that need to be introduced by both Parties in order to
    implement the above paragraphs in conformity with the principles of the internal market .
                    For the Government                                  For the Council
              of the Republic of Argentina                       of the European Communities
                                                Note verbale
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of the Republic of Argentina to the European
    Communities and has the honour to refer to the Agreement on textile products negotiated
    between the Republic of Argentina and the Community applied since 1 January 1987, as extended
    by the exchange of letters initialled on 24 September 1991 and as further extended by the
    exchange of letters of 18 December 1992.
    The Directorate-General wishes to inform the Mission of the Republic of Argentina that the
    Community has decided to apply, starting from 1 January 1993, the provisions of paragraph 1 of
    Agreed Minute No 2 to the exchange of letters initialled on 18 December 1992. Consequently, the
    corresponding provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be
    applied as of the above date .
    The Directorate-General for External Relations avails itself of this opportunity to renew to the
    Mission of the Republic of Argentina to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- 11 / Nide 30                                  Euroopan yhteisöjen virallinen lehti                               147
                                                          Appendix 5
                                                    Agreed Minute No 3
             In the context of the Agreement between the European Economic Community and the Republic of
             Argentina on trade in textile and clothing products, initialled in Brussels on 18 December 1992,
             the Parties agreed that Argentina 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 Argentina further agreed to hold consultations, should the need arise, in
             order to avert any problems which might occur in this respect.
             The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
             Agreement on this subject.
                              For the Government                                 For the Council
                         of the Republic of Argentina                     of the European Communities
                                                          Appendix 6
                                                     Agreed Minute No 4
             In the context of the Agreement between the European Economic Community and the Republic of
             Argentina on trade in textile and clothing products, applied since 1 January 1987, as extended by
             the exchange of letters initialled on 24 September 1991 and further extended by the exchange of
             letters initialled on 18 December 1992, Argentina agreed that, from the date of request for and
             pending the consultations referred to in Article 12 ( 3 ), it shall cooperate by not issuing export
             licences that would further aggravate the problems resulting from the regional concentration of
             direct imports into the Community .
                              For the Government                                  For the Council
                         of the Republic of Argentina                     of the European Communities
 ---pagebreak--- 148                                  Euroopan yhteisöjen virallinen lehti                              li / Nide 30
                                             Exchange of notes
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of the Republic of Argentina to the European
    Communities and has the honour to refer to the Agreement on textile products between the
    Republic of Argentina and the Community applied since 1 January 1987, as extended by the
    exchange of letters initialled on 24 September 1991 and as further extended by the exchange of
    letters initialled on 18 December 1992 .
    The Directorate-General wishes to inform the Mission of the Republic of Argentina that whilst
    awaiting the completion of the necessary procedures for the conclusion and the coming into force
    of the extended Agreement, the Community is prepared to allow the provisions of the Agreement
    to apply de facto from 1 January 1993 . This is on the understanding that either Party may at any
    time terminate this de facto application of the extended Agreement provided that 120 days ' notice
    is given .
    The Directorate-General for External Relations would be grateful if the Mission would confirm its
    Agreement to the foregoing.
    The Directorate-General for External Relations avails itself of this opportunity to renew to the
    Mission of the Republic of Argentina to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- Il /Nide 30                                     Euroopan yhteisöjen virallinen lehti                                 149
                                                            Letter No 2
            Sir,
            I have the honour to acknowledge receipt of your letter of . . . 1992 , which reads as follows:
                 ' Sir,
                  1.    I have the honour to refer to the consultations held on 18 December 1992 between our
                        respective delegations for the purpose of amending the iVgreement on trade in textile
                        products between the European Economic Community and the Republic of Argentina ,
                        applied since 1 January 1987, as extended by the exchange of letters applied since
                        1 January 1992 ( hereinafter " the Agreement ").
                 2.     As a result of these consultations, both Parties agreed to amend the following provisions
                        of the Agreement:
                 2.1 .  Annex I and Annex II which set out the products concerned by the Agreement and the
                        quantitative restrictions for exports from the Republic of Argentina to the European
                        Economic Community, are replaced for the period 1 January 1993 to 31 December
                        1994 by Appendix 1 and Appendix 2 to this letter, respectively.
                 2.2 .  Article 8 ( 6 ) and Protocol C to the Agreement are deleted .
                 2.3 .  Article 9 ( 2 ) is replaced by the following:
                        "The information referred to in paragraph 1 shall, for all categories of products, be
                        forwarded before the end of the month following the month to which the statistics
                        relate ."
                 2.4 .  Article 12 is replaced by the following:
                        " 1 . The quantitative limits established under this Agreement on imports into the
                              Community of textile products of Argentine origin will not be broken down by the
                              Community into regional shares .
                          2. The Parties shall cooperate in order to prevent sudden and prejudicial changes in
                              traditional trade flows resulting in regional concentration of direct imports into the
                              Community .
                          3 . Argentina shall monitor its exports of products under restraint or surveillance into
                              the Community . Should a sudden and prejudicial change in traditional trade flows
                              arise, the Community will be entitled to request consultations in order to find a
                              satisfactory solution to those problems . Such consultations must be held within 15
                              working days of their being requested by the Community .
                          4. Argentina shall endeavour to ensure that exports of textile products subject to
                              quantitative limits into the Community are spaced out as evenly as possible over
                              the year due account being taken in particular of seasonal factors ."
                 2.5 .  Article 14 and all references to this Article in the Agreement are deleted .
                 2.6 .  The following is added at the beginning of:
                        " 1 . Save where it is otherwise provided for in this Agreement, ..."
                 2.7 .  The second sentence of Article 18 ( 1 ) is replaced by the following :
                        " It shall be applicable until 31 December 1994. Thereafter, the application of all the
                        provisions of this Agreement shall be extended automatically for a period of one more
                        year up to. 31 December 1995, unless either Party notifies the other at least six months
                        before 31 December 1994 that it does not agree with this extension. However, if the
                        Agreement on trade in textiles and clothing products resulting from the Uruguay Round
                        GATT trade negotiations is concluded and enters into force at an earlier date , this
                        Agreement shall be automatically terminated as of the . date agreed for the
                        implementation of the results of the Uruguay Round GATT trade negotiations ."
 ---pagebreak--- 150                                       Euroopan yhteisöjen virallinen lehti                              li /Nide 30
        2.8 .   The first sentence of Article 7 ( 1 ) of Protocol A is replaced by the following:
                " 1 . The export licence shall conform to the model annexed to this Protocol and it shall
                       be valid for exports throughout the customs territory to which the Treaty
                      establishing the European Economic Community is applied. However, where the
                      Community has made recourse to the provisions of Article 8 in accordance with
                       the provisions of the Agreed Minute No 1 , or to the Agreed Minute No 2, the
                      textile products covered by the export licences can only be put into free circulation
                       in the region(s) of the Community indicated in those licences ."
        2.9 .  The second indent of Article 12 ( 1 ) of Protocol A to the Agreement is replaced by the
               following:
               "The import authorizations shall be valid for six months from the date of their issue for
               imports throughout the customs territory to which the Treaty establishing the European
               Economic Community is applied . However, where the Community has recourse to the
               provisions of Article 8 in accordance with the provisions of Agreed Minute No 1 , or to
               Agreed Minute No 2, the products covered by the import licences can only be put into
               free circulation in the region(s ) of the Community indicated in those licences."
        2.10 . The second and fifth indents of Article 14 ( 2) of Protocol A are replaced by the
               following:
               "— two letters identifying the intended Member State of customs clearance as
                      follows :
                      BL    = Benelux,                                     FR   = France,
                      DE = Germany,                                        GB = United Kingdom,
                      DK = Denmark,                                        IE   = Ireland ,
                      EL = Greece,                                         IT   = Italy,
                      ES = Spain ,                                         PT   = Portugal ",
               " — a five-digit number running consecutively from 00001 to 99999 allocated to the
                      intended xMember State of customs clearance ."
        2.11 . Agreed Minute No 1 set out in Appendix 3 to this letter shall form an integral part of
               the Agreement.
        2.12 . Agreed Minute No 2 set out in Appendix 4 to this letter shall form an integral part of
               the Agreement.
        2.13 . Agreed Minute No 3 set out in Appendix 5 to this letter shall form an integral part of
               the Agreement.
        2.14 . Agreed Minute No 4 set out in Appendix 6 to this letter shall form an integral part of
               the Agreement.
        3.     The Parties agreed that this Agreement in the form of an exchange of letters shall enter
               into force on the first day of the month following the day on which the Parties have
               notified each other that the legal procedures necessary to this end have been
               completed .
               The Parties also agreed that this Agreement in the form of an exchange of letters and
               the amendments hereby to the Agreement of 1987, as extended , shall be applied
               provisionally from 1 January 1993 .
        4.     I should be obliged if you kindly confirm the acceptance of your Government of the
               foregoing.
               Please accept, Sir, the assurance of my highest consideration.'
    I have the honour to confirm that my Government is in agreement with the contents of your
    letter .
    Please accept, Sir, the assurance of my highest consideration.
                                                                              For the Government
                                                                        of the Republic of Argentina
 ---pagebreak--- Il / Nide 30                                  Euroopan yhteisöjen virallinen lehti                                       151
                                                              Appendix 1
             (The contents of Appendix 1 are identical to those of Appendix 1 to the Agreement with Singapore; see pages
                                                               16 to 42 )
                                                              Appendix 2
                                                              ANNEX II
             (The full product descriptions of the categories listed in this Annex are to be found in Annex I to the
                                                              Agreement)
                                             COMMUN1TY QUANTITATIVE LIMITS
                     Category                   Unit                      1993             1994             1995
             1                        tonnes                              4 246            4 331            4418
             2                        tonnes                              6 294            6 401            6510
             of which 2 ( a )         tonnes                              5 728            5 825            5 924
             46                       tonnes                            19 579            20 754           21 999
                                                              Appendix 3
                                                        Agreed Minute No 1
             In the context of the Agreement between the European Economic Community and the Republic of
             Argentina on trade in textile and clothing products, initialled on 18 December 1992, the Parties
             agreed that Article 8 of the Agreement does not preclude the Community, if the conditions are
             fulfilled , from applying the safeguard measures for one or more of its regions in conformity with
             the principles of the internal market.
             In such an event, Argentina 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 Argentina                         of the European Communities
 ---pagebreak--- 152                                   Euroopan yhteisöjen virallinen lehti                                li / Nide 30
                                                  Appendix 4
                                             Agreed Minute No 2
    Notwithstanding Article 12 ( 1 ) of this Agreement, for imperative technical or administrative
    reasons or to find a solution to economic problems resulting from regional concentration of
    imports , or in order to combat circumvention and fraud of the provisions of this Agreement, the
    Community will establish for a limited period of time a specific management system in conformity
    with the principles of the internal market.
    However, if the Parties are unable to reach a satisfactory solution during the consultations
    provided for in Article 12 ( 3 ), Argentina undertakes , if so requested by the Community, to respect
    temporary export limits for one or more regions of the Community. In such a case, these limits
    shall not preclude the importation into the region(s ) concerned of products which were shipped
    from Argentina on the basis of export licences obtained before the date of formal notification to
    Argentina by the Community about the introduction of the above limits.
    The Community shall inform Argentina of the technical and administrative measures, such as
    defined in the attached note verbale, that need to be introduced by both Parties in order to
    implement the above paragraphs in conformity with the principles of the internal market .
                     For the Government                                   For the Council
               of the Republic of Argentina                        of the European Communities
                                                 Note verbale
    The Directorate-General for External Relations of the Commission of the European Communities
    presents its compliments to the Mission of the Republic of Argentina to the European
    Communities and has the honour to refer to the Agreement on textile products negotiated
     between the Republic of Argentina and the Community applied since 1 January 1987, as extended
     by the exchange of letters initialled on 24 September 1991 and as further extended by the
    exchange of letters of 18 December 1992 .
    The Directorate-General wishes to inform the Mission of the Republic of Argentina that the
     Community has decided to apply, starting from 1 January 1993 , the provisions of paragraph 1 of
     Agreed Minute No 2 to the exchange of letters initialled on 18 December 1992. Consequently, the
     corresponding provisions of Articles 7 and 12 of Protocol A to the Agreement shall also be
     applied as of the above date.
    The Directorate-General for External Relations avails itself of this opportunity to renew to the
     Mission of the Republic of Argentina to the European Communities the assurance of its highest
     consideration .
 ---pagebreak--- Il / Nide 30                                  Euroopan yhteisöjen virallinen lehti                              153
                                                          Appendix 5
                                                     Agreed Minute No 3
             In the context of the Agreement between the European Economic Community and the Republic of
             Argentina on trade in textile and clothing products, initialled in Brussels on 18 December 1992,
             the Parties agreed that Argentina 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 Argentina further agreed to hold consultations, should the need arise, in
             order to avert any problems which might occur in this respect.
             The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
             Agreement on this subject.
                              For the Government                                 For the Council
                         of the Republic of Argentina                    of the European Communities
                                                          Appendix 6
                                                     Agreed Minute No 4
             In the context of the Agreement between the European Economic Community and the Republic of
             Argentina on trade in textile and clothing products, applied since 1 January 1987, as extended by
             the exchange of letters initialled on 24 September 1991 and further extended by the exchange of
             letters initialled on 18 December 1992, Argentina agreed that, from the date of request for and
             pending the consultations referred to in Article 12 (3 ), it shall cooperate by not issuing export
             licences that would further aggravate the problems resulting from the regional concentration of
             direct imports into the Community.
                              For the Government                                 For the Council
                         of the Republic of Argentina                     of the European Communities
 ---pagebreak--- 154                               Euroopan yhteisöjen virallinen lehti                                 11 /Nide 30
                                           Exchange of notes
    The Mission of the Republic of Argentina to the European Communities presents its compliments
    to the Directorate-General for External Relations of the Commission of the European
    Communities and has the honour to refer to the Director-General's note of . . . 1992 regarding the
    Agreement on textile products between the Republic of Argentina and the Community applied
    since 1 January 1987, as extended by the exchange of letters initialled on 24 September 1991 and
    as further extended by the exchange .of letters initialled on 18 December 1992.
    The Mission of the Republic of Argentina wishes to confirm to the Directorate-General that whilst
    awaiting the completion of the necessary procedures for the conclusion and the coming into force
    of the extended Agreement, the Government of the Republic of Argentina is prepared to allow the
    provisions of the extended Agreement to apply de facto from 1 January 1993 . This is on the
    understanding that either Party may at any time terminate this de facto application of the
    extended Agreement provided that 120 days' notice is given .
    The Mission of the Republic of Argentina to the European Communities avails itself of this
    opportunity to renew to the Directorate-General for External Relations the assurance of its
    highest consideration.