CELEX: 51993PC0016
Language: en
Date: 1993-01-20
Title: Proposal for a COUNCIL DECISION ON THE CONCLUSION OF THE PROTOCOL MAINTAINING IN FORCE THE AGREEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES (MFA)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       C0M(93) 16 final
                                                       Brussels, 20 January 1993
  5--MS-."—
                                       Proposal for a
                                      COUNCIL DECISION
                    ON THE CONCLUSION OF THE PROTOCOL MAINTAINING IN FORCE
                 THE AGREEMENT REGARDING INTERNATIONAL TRADE IN TEXTILES (MFA)
                               (presented by the Commission)
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 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. In accordance with Article 10(5) of the MFA, the GATT Textiles
   Committee met on 6 December 1991 to consider whether the MFA should be
   extended, amended or allowed to lapse. At its meeting on 9 December
   1992 the Textiles Committee adopted the attached decision and
   Protocol, the effect of which is to extend the MFA for a period of
   12 months from 1 January to 31 December 1993.
2. Discussions on the substance of the Committee's decision were
   difficult. The exporting countries put forward their common position,
   namely that the extension of the MFA should be subject to certain
   condi t ions.
   From the outset the importing countries were unanimous in their
   refusal of any renegotiation of the MFA or any provision that would
   create additional obligations or restrict the rights and obligations
   existing under the MFA.
3. The Commission, on the basis of the directives adopted by the Council
   on 6 October 1992, argued the Community's case. Unfortunately the
   Community was forced to recognize that   it was the only Party to the
   Arrangement insisting on an extension period of more than 12 months.
   In view of this situation the Commission, in close liaison with the
   Article 113 Committee-(Textiles), decided to accept the texts of the
   decision and protocol presented by the Chairman of the GATT Textiles
   Committee. The decision merely reiterates the undertakings already
   made by GATT members, including the Community.
4. The Commission therefore proposes that the Council approve the
   decision concluding the Protocol maintaining in force the MFA for 1993
   on behalf of the Community.
 ---pagebreak---                                                                   -_->
                       PROPOSAL FOR A COUNCIL DECISION
           on the conclusion of the Protocol maintaining in force
      the Arrangement regarding international trade in textiles (MFA)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty estabfishing the European Economic Community,
and in particular Article 113,
Having regard to the proposal from the Commission,
Whereas the Commission took part, on behalf of the Community,   in the
negotiations on the maintenance in force of the Arrangement regarding
international trade In textiles (MFA); 1
Whereas these negotiations led to the establishment of a Protocol
maintaining in force the MFA for a further period of 12 months until
31 December 1993;
Whereas this Protocol should be approved on behalf of the European Economic
Community,
HAS DECIDED AS FOLLOWS:
                                  Article 1
The Protocol maintaining In force the Arrangement regarding international
trade in textiles, which was adopted by the GATT Textiles Committee on 9
December 1992, is hereby approved on behalf of the European Economic
Community.
The text of the Protocol  is attached to this Decision.
                                  Article 2
The President of the Council is hereby authorized to designate the person
empowered to notify acceptance of the Protocol on behalf of the European
Economic Community, in accordance with paragraph 3 of the Protocol.
Done at Brussels,
     OJ L 341, 4.12.1986, p. 34
 ---pagebreak---                                                              9 December 1992
            PROTOCOL MAINTAINING IN FORCE THE ARRANGEMENT REGARDING
                        INTERNATIONAL TRADE IN TEXTILES
       The PARTIES to the Arrangement Regarding International Trade in
 Textiles (hereinafter referred to as "the Arrangement" or "MFA"),
      ACTING pursuant to paragraph 5 of Article 10 of the Arrangement,
      REAFFIRMING that the terms of the Arrangement regarding the competence
of the Textiles Committee and the Textiles Surveillance Body are
maintained, and
      FOLLOWING the Decision of the Textiles Committee adopted on
9 December 1992;
      HEREBY AGREE as follows:
1.    The Arrangement, including the. Conclusions of the Textiles Committee,
adopted on 31 July 1986, as amended by the 1989 Protocol Amending the 1986
Protocol Extending the Arrangement Regarding International Trade in
Textiles, shall be maintained in force for a further period of
twelve months until 31 December 1993.
2.    This Protocol shall be deposited with the Director-General to the
CONTRACTING PARTIES to the General Agreement on Tariffs and Trade. It
shall be open for acceptance, by signature or otherwise, by the Parties to
the Arrangement, by other governments accepting or acceding to the
Arrangement pursuant to the provisions of Article 13 thereof and by the
European Economic Community.
3.    This Protocol shall enter into force with effect from 1 January 1993
for the parties which have accepted it by that date and it shall enter into
force for a party which accepts it on a later date as of the date of such
acceptance. It shall be applied provisionally, taking into account their
constitutional and/or legislative procedures for ratification, as from
1 January 1993, by parties which have signed it subject to completion of
constitutional procedures, or notified the depositary of their intention to
apply it provisionally, by that date, and by other parties from the date of
their signature or notification of provisional application.
      DONE at Geneva this ninth day of December one thousand nine hundred
and ninety-two, in a single copy, in the English, French and Spanish
languages, each text being authentic.
 ---pagebreak---                                                              9 December 1992
   DECISION BY THE TEXTILES COMMITTEE TO MAINTAIN IN FORCE THE ARRANGEMENT
   REGARDING INTERNATIONAL TRADE IN TEXTILES FOR A PERIOD OF TWELVE MONTHS
                             1.1.93 TO 31.12.93
1. The Textiles Committee met on 9   December 1992 to resume the discussion
that it had begun at its meeting on  6 December 1991 on the future of the
Arrangement Regarding International  Trade in Textiles (MFA), in accordance
with the provisions of Article 10.5  of the Arrangement.
2. The Committee decided to maintain in force the existing MFA, as
extended by the 1986 Protocol, and as maintained in force by the 1991
Protocol, for a further period of 12 months from 1 January 1993 to
31 December 1993 in view of the fact that the Uruguay Round has not been
completed.
3.    The Committee reaffirmed the Conclusions of the Textiles Committee
adopted on 31 July 1986 and the obligations contained therein. In this
context, participants reiterated that full account should be taken,
inter alia, of the special considerations provided for small suppliers and
the least developed countries.
4. In taking their decision to further extend the MFA, participants
proceeded on the understanding that bilateral agreements for the year 1993
will provide increased market access.
5. Participants reiterated their respect for the equity obligations in the
Arrangement.
6.    Participants reaffirmed their agreement to co-operate fully in dealing
with problems relating to circumvention of the Arrangement.
7.    Participants noted the concern expressed by a number of participants
with respect to the problem of infringement of registered trademarks and
designs in trade in textiles and clothing and noted that such problems
could be dealt with in accordance with the relevant national laws and
regulations.
8. As to the necessary legal steps in this regard, the Textiles Committee
drew up the attached text of a Protocol Maintaining in Force the MFA for a
further period of 12 months. The Protocol would enter into force on
1 January 1993.
 ---pagebreak---  ---pagebreak---                                                                        ISSN 0254-1475
                                                                 COM (93) 16 final
                                                      DOCUMENTS
EN                                                                           03 02
                                 Catalogue number : CB-CO-93-020-EN-C
                                                              ISBN 92-77-52121-X
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