CELEX: 21992A1231(31)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Intian tasavallan välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

200                                            Euroopan yhteisöjen virallinen lehti                               11 /Nide 30
292A1231(31
30.04.94                             EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                      N:o L 1 10/ 183
                                                         AGREEMENT
            in the form of an exchange of letters amending the Agreement between the European Economic
                              Community and the Republic of India on trade in textile products
                                                           Letter No 1
            Sir,
            1.     I have the honour to refer to the consultations held on 15 to 17 December 1992 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 India 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 respectively, from the Republic of India 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 quantitaiive limits established under this Agreement on imports into the
                         Community of textile products of Indian 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 . India 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 . India 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 resultirlg from the Uruguay Round GATT trade
 ---pagebreak--- 11 /Nide 30                                    Euroopan yhteisöjen virallinen lehti                              201
                   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 6 ( 1 ) of Protocol A is replaced by the following:
                   ' 1 . The export certificate 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 certificates can only be put into free circulation in the region(s ) of the
                         Community indicated in those certificates.'
            2.9 .  The second indent of Article 11 ( 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 13 (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 part of the
                   Agreement.
            2.15 . Agreed Minute No 5 set out in Appendix 7 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.
                                                                                       For the Council
                                                                               of the European Communities
 ---pagebreak--- 202                                    Euroopan yhteisöjen virallinen lehti                                      li /Nide 30
                                                      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 QUANTITATTVE LIMITS
           Category                     Unit                       1993             1994            1 995
      1                    tonnes                              33 599              34 271         34 956
      2                    tonnes                              48 150              48 992         49 850
      2(a)                 tonnes                               10 981             11 639          12 338
      3                    tonnes                              20 725              21554          22 416
      3(a)                 tonnes                                  4145             4 310           4 483
      4                    1 000 pieces                        36 505              38 148         39 865
      5                    1 000 pieces                        23 134              24291          25 505
      6                    1 000 pieces                            5 269            5 532           5 809
      7                    1 000 pieces                        48 779              49 999         51 249
      8                    1 000 pieces                        34 044              34 980         35 942
      9                    tonnes                                  6 950            7 298           7 662
    15                     1 000 pieces                           .3 939            4 176           4 426
    20                     tonnes                              11664               12 247         12 859
    26                     1 000 pieces                         11584              12 047         12 529
    27                     1 000 pieces                        10 553              10 975         11415
    29                     1 000 pieces                            6 436            6 758           7 096
    39                     1 000 pieces                            3 062            3 246           3 440
                                                     Appendix 3
                                               Agreed Minute No 1
    In the context of the Agreement between the European Economic Community and the Republic of
    India 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 fulefilled,
    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, India 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 India                              of the European Communities
 ---pagebreak--- Il / Nide 30                                   Euroopan yhteisöjen virallinen lehti                              203
                                                           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 ), India 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 India on the basis of export certificates obtained before the date of formal notification to
             India by the Community about the introduction of the above limits .
             The Community shall inform India 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 India                        of the European Communities
                                                         Note verbale
             The Directorate-General tor External Relations of the Commission of the European Communities
             presents its compliments to the Mission of the Republic of India to the European Communities
             and has the honour to refer to the Agreement on textile products negotiated between the Republic
             of India and the Community applied since 1 January 1987, as extended by the exchange of letters
             initialled on 16 December 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 India 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 6 and 11 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 India to the European Communities the assurance of its highest
             consideration .
 ---pagebreak--- 204                                 Euroopan yhteisöjen virallinen lehti                                11 /Nide 30
                                                  Appendix 5
                                            Agreed Minute No 3
    In the context of the Agreement between the European Economic Community and the Republic of
    India on trade in textile and clothing products, initialled in Brussels on 18 December 1992, the
    Parties agreed that India 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 India 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 India                       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
    India on trade in textile and clothing products , applied since 1 January 1987, as extended by the
    exchange of letters initialled on 15 December 1991 and further extended by the exchange of
    letters initialled on 18 December 199 2 , India 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 India                      of the European Communities
 ---pagebreak--- Il /Nide 30                                  Euroopan yhteisöjen virallinen lehti                                  205
                                                            Appendix 7
                                                     Agreed Minute No 5
            In the context of the Agreement between the Community and the Republic of India on trade in
            textile products initialled on 18 December 1992, the following was agreed:
            1 . Exports of hand-made garments made in the cottage industry of India from fabrics referred to
                in paragraph 1 (a ) of Protocol B ( i. e. those categories of products falling within Groups I B,
                II B and III B in Annex I to the initialled Agreement) will be included in the quantitative limits
                established under the Agreement. These products will be covered by export certificates.
            2. In addition, for such products belonging to categories 6 , 8 , 15 and 27, the following global
                quantities:
                                                      1993        4 311 pieces
                                                      1994        4 484 pieces
                                                      1995        4 665 pieces
                may be exported to the Community, provided they are accompanied by the certificate referred
                to in paragraph 2 of Protocol B bearing the following reference in box 7: 'Hand-made
                garments'. The category of the product in question , as well as the quota year, must also be
                indicated in the same box.
                For each of the categories in question the total quantity exported to the Community shall not
                exceed the following levels:
                                      1 000 pieces        1993         1994         1995
                                      Category 6            646          678          712
                                      Category 18         1 645        1 690        1 737
                                      Category 15           730          774          821
                                      Category 27         1 290        1 342        1 395
            3 . The provisions of Article 7 of the Agreement shall apply to the above quantities , except that
                there shall be no inter-category transfers between the quantitative limits referred to above and
                those set out in Annex II to the Agreement.
            4 . The provisions of Title III, IV and V of Protocol A shall apply mutatis mutandis to the above
                products .
                            For the Government                                   For the Council
                         of the Republic of India                         of the European Communities
 ---pagebreak--- 206                                Euroopan yhteisöjen virallinen lehti                               11 /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 India to the European Communities
    and has the honour to refer to the Agreement on textile products between the Republic of India
    and the Community applied since 1 January 1987, as extended by the exchange of letters initialled
    on 16 December 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 India 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 India to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- 11 /Nide 30                                      Euroopan yhteisöjen virallinen lehti                                  207
                                                             Letter No 2
            Sir,
            I have the honour to acknowledge receipt of your letter of 18 December 1992, which reads as
            follows:
                 'Sir,
                 1.     I have the honour to refer to the consultations held on 15 to 17 December 1992
                        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
                        India, 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, respectively from the Republic of India 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 . 1'
                  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 Indian 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 . India 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. India 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--- 208                                     Euroopan yhteisöjen virallinen lehti                                11 /Nide 30
        2.8 .  The first sentence of Article 6 ( 1 ) of Protocol A is replaced by the following:
               " 1 . The export certificate 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 or export certificates can only be put into
                     free circulation in the region(s ) of the Community indicated in those certificates ."
        2.9 .  The second indent of Article 11 ( 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 the 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 13 ( 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 part of
               the Agreement .
        2.15 . Agreed Minute No 5 set out in Appendix 7 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 India
 ---pagebreak--- Il / Nide 30                                     Euroopan yhteisöjen virallinen lehti                                    209
                                                              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                            33 599             34 271           34 956
              2                      tonnes                            48 150            48 992            49 850
              2(a )                  tonnes                             10 981            11 639           12 338
              3                      tonnes                            20 725             21 554           22 416
              3 (a )                 tonnes                               4 145            4310             4 483
              4                      1 000 pieces                      36 505             38 148           39 865
              5                      1 000 pieces                       23 134            24 291           25 505
              6                      1 000 pieces                         5 269            5 532            5 809
              7                      1 000 pieces                      48 779             49 999           51 249
               8                     1 000 pieces                       34 044            34 980           35 942
              9                      tonnes                               6 950            7 298            7 662
             15                      1 000 pieces                         3 939            4 176            4 426
             20                      tonnes                             11 664            12 247           12 859
             26                      1 000 pieces                        11 584           12 047           12 529
             27                       1 000 pieces                       10 553           10 975           11 415
             29                      1 000 pieces                         6 436            6 758            7 096
             39                      1 000 pieces                         3 062            3 246            3 440
                                                              Appendix 3
                                                        Agreed Minute No 1
             In the context of the Agreement between the European Economic Community and the Republic of
             India on trade in textile and ciothing 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, India 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 India                           of the European Cotnmunities
 ---pagebreak--- 210                                 Euroopan yhteisöjen virallinen lehti                               11 /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 ), India 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 India on the basis of export certificates obtained before the date of formal notification to
    India by the Community about the introduction of the above limits .
    The Community shall inform India 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 India                       of the European Communities
                                                Note verbale
    The Directorate-General for External Relations ot the Commission of the European Communities
    presents its compliments to the Mission of the Republic of India to the European Communities
    and has the honour to refer to the Agreement on textile products negotiated between the Republic
    of India and the Community applied since 1 January 1987, as extended by the exchange of letters
    initialled on 16 December 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 India 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 6 and 11 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 India to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- 11 /Nide 30                                  Euroopan yhteisöjen virallinen lehti                               211
                                                         Appendix 5
                                                    Agreed Minute No 3
            In the context of the Agreement between the European Economic Community and the Republic of
            India on trade in textile and clothing products, initialled in Brussels on 18 December 1992, the
            Parties agreed that India 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 India 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 India                      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
            India on trade in textile and clothing products, applied since 1 January 1987, as extended by the
            exchange of letters initialled on 15 December 1991 and further extended by the exchange of
            letters initialled on 18 December 1992, India 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 India                      of the European Communities
 ---pagebreak--- 212                                  Euroopan yhteisöjen virallinen lehti                                  1 l /Nide 30
                                                     Appendix 7
                                             Agreed Minute No 5
    In the context of the Agreement between the Community and the Republic of India on trade in
    textile products initialled on 18 December 1992, the following was agreed :
    1 . Exports of hand-made garments made in the cottage industry of India from fabrics referred to
        in paragraph 1 ( a ) of Protocol B ( i. e. those categories of products falling within Groups I B,
        II B and III B in Annex I to the initialled Agreement) will be included in the quantitative limits
        established under the Agreement. These products will be covered by export certificates .
    2 . In addition, for such products belonging to categories 6, 8 , 15 and 27, the following global
        quantities:
                                               1993        4 311 pieces
                                               1994        4 484 pieces
                                               1 995       4 665 pieces
        may be exported to the Community, provided they are accompanied by the certificate referred
        to in paragraph 2 of Protocol B bearing the following reference in box 7: 'Hand-made
        garments'. The category of the product in question , as well as the quota year, must also be
        indicated in the same box.
        For each of the categories in question the total quantity exported to the Community shall not
        exceed the following levels:
                              1 000 pieces         1993         1994         1995
                              Category   6           646          678          712
                              Category 18          1 645        1 690        1 737
                              Category 15            730          774          821
                              Category 27          1 290        1 342        1 395
    3 . The provisions of Article 7 of the Agreement shall apply to the above quantities, except that
        there shall be no inter-category transfers between the quantitative referred to above and those
        set out in Annex II to the Agreement.
    4 . The provisions of Title III, IV and V of Protocol A shall apply mutatis mutandis to the above
        products .
                    For the Government                                    For the Council
                 of the Republic of India                          of the European Communities
 ---pagebreak--- 11 /Nide 30                                Euroopan yhteisöjen virallinen lehti                               213
                                                   Exchange of notes
            The Mission of the Republic of India 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 Agreement on textile products between the Republic of India
            and the Community applied since 1 January 1987, as extended by the exchange of letters initialled
            on 16 December 1991 and as further extended by the exchange of letters initialled on
            18 December 1992 .
            The Mission of the Republic of India 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 Community 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 Directorate-General for External Relations would be grateful if the Mission would confirm its
            Agreement to the foregoing.
            The Mission of the Republic of India to the European Communities avails itself of this
            opportunity to renew to the Directorate-General for External Relations the assurance of its
            highest consideration.