CELEX: 21992A1231(24)
Language: fi
Date: 1993-12-02 00:00:00
Title: Kirjeenvaihtona tehty sopimus Euroopan talousyhteisön ja Perun tasavallan välisen tekstiilituotteiden kauppaa koskevan sopimuksen muuttamisesta - Yhteisesti hyväksytyt pöytäkirjamerkinnät - Verbaalinootit - Noottien vaihdot

Il /Nide 30                                      Euroopan yhteisöjen virallinen lehti                                   109
292A1231 24 )
N:o L 1 10/92                         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 Peru on trade in textile products
                                                             Letter No 1
              Sir,
              1.     I have the honour to refer to the consultations held on 7 and 8 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 Peru 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 quantitative restrictions for exports from the
                     Republic of Peru 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 ( 1 ) and ( 2 ) are replaced by the following:
                     ' 1 . The quantitative limits established under this Agreement on imports into the
                           Community of textile products of Peruvian 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 . Peru 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 . Peru 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--- 110                                    Euroopan ynteisöjen 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 i , 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 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--- 1 l /Nide 30                                      Euroopan yhteisöjen virallinen lehti                                              111
                                                                  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
             K ')                      tonnes                                 9 489              9 963               10 461
             2                         tonnes                                 5 165              5 527                5 913
             (') An additional annual quantity ot 900 tonnes of products falling within category 1 is reserved for imports into the
                 Communitv for processing by Community industry .
                                                                  Appendix 3
                                                          Agreed Minute No 1
             In the context of the Agreement between the European Economic Community and the Republic of
             Peru on trade in textile and clothing products, initialled on 8 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, Peru 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 Peru                                of the European Communities
 ---pagebreak--- 12                                 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 ), Peru 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 Peru on the basis of export licences obtained before the date of formal notification to Peru
   by the Community about the introduction of the above limits.
   The Community shall inform Peru 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 Peru                      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 Peru to the European Communities
   and has the honour to refer to the Agreement on textile products negotiated between the Republic
   of Peru and the Community applied since 1 January 1987, as extended by the exchange of letters
   initialled on 15 November 1991 and as further extended by the exchange of letters of 8 December
   1992 .
   The Directorate-General wishes to inform the Mission of the Republic of Peru 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 8 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 Peru to the European Communities the assurance of its highest
   consideration .
 ---pagebreak--- 11 / Nide 30                                  Euroopan yhteisöjen virallinen lehti                                     113
                                                            Appendix 5
                                                     Agreed Minute No 3
             In the context of the Agreement between the European Economic Community and the Republic of
             Peru on trade in textile and clothing products, initialled in Brussels on 8 December 1992 , the
             Parties agreed that Peru 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 Peru 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 Peru                          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
             Peru on trade in textile and clothing products, applied since 1 January 198 7, as extended by the
             exchange of letters initialled on 15 November 1991 and further extended by the exchange of
             letters initialled on 8 December 1992, Peru 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 tne Council
                            of the Republic of Peru                          of the European Communities
 ---pagebreak--- 114                                 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 Peru to the European Communities
    and has the honour to refer to the Agreement on textile products between the Republic of Peru
    and the Community applied since 1 January 1987, as extended by the exchange of letters initialled
    on 15 November 1991 and as further extended by the exchange of letters initialled on
    8 December 1992 .
    The Directorate-General wishes to inform the Mission of the Republic of Peru 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 eith'er 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 Peru to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- 11 /Nide 30                                    Euroopan yhteisöjen virallinen lehti                                  115
                                                            Letter No 2
            Sir,
            I have the honour to acknowledge receipt of your letter of 8 December 1992, which reads as
            follows :
                 'Sir,
                 1.    I have the honour to refer to the consultations held on 7 and 8 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 Peru,
                       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 quantitative restrictions for exports from the
                       Republic of Peru to the European Economic Community are replaced for the period
                       1 January 1993 to 31 December 1994 by Appendix 1 and Appendix 2 of 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 ( 1 ) and ( 2 ) are replaced by the following:
                       " 1 . The quantitative limits established under this Agreement on imports into the
                              Community of textile products of Peruvian 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 . Peru 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. Peru 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--- 116                                     Euroopan yhteisöjen virallinen lehti                               11 /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 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 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,                                      ΓΓ    = 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.
        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 Peru
 ---pagebreak--- Il / Nide 30                                         Euroopan yhteisöjen virallinen lehti                                             117
                                                                   Appendix 1
                   (The contents of Appendix 1 are identical to those of Appendix 1 to Letter No 1 ; 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 QUANTrrAlTVE LIMITS
                       Category                       Unit                      1993                1994                1995
              K ') ·                     tonnes                                9 489               9 963               10 461
             2                           tonnes                                5 165               5 527                5 913
             ( T ) An additional annua! quantity of 900 tonnes of products falling within category 1 is reserved for imports into the
                   Community for processing by Community industry.
                                                                   Appendix 3
                                                            Agreed Minute No 1
             In the context of the Agreement between the European Economic Community and the Republic of
             Peru on trade in textile and clothing products, initialled on 8 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, Peru 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 Peru                                of the European Communities
 ---pagebreak--- 118                                 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 ), Peru 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 Peru on the basis of export licences obtained before the date of formal notification to Peru
    by the Community about the introduction of the above limits.
    The Community shall inform Peru of the technical and administrative measures such as defined in
    the attached note verbal 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 Peru                      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 Peru to the European Communities
    and has the honour to refer to the Agreement on textile products negotiated between the Republic
    of Peru and the Community applied since 1 January 1987, as extended by the exchange of letters
    initialled on 15 November 1991 and as further extended by the exchange of letters of 8 December
    1992 .
    The Directorate-General wishes to inform , the Mission of the Republic of Peru 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 8 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 Peru to the European Communities the assurance of its highest
    consideration .
 ---pagebreak--- 1 l /Nide 30                                 Euroopan yhteisöjen virallinen lehti                                      119
                                                            Appendix S
                                                     Agreed Minute No 3
             In the context of the Agreement between the European Economic Community and the Republic of
             Peru on trade in textile and clothing products, initialled in Brussels on 8 December 1992, the
             Parties agreed that Peru 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 Peru 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 Peru                          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
             Peru on trade in textile and clothing products, applied since 1 January 1987, as extended by the
             exchange of letters initialled on 15 November 1991 and further extended by the exchange of
             letters initialled on 8 December 1992, Peru 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 Peru                          of the European Communities
 ---pagebreak--- 120                                Euroopan yhteisöjen virallinen lehti                               li / Nide 30
                                           Exchange of notes
    The Mission of the Republic of Peru 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 8 December 1992 regarding the
    Agreement on textile products between the Republic of Peru and the Community applied since
    1 January 1987, as extended by the exchange of letters initialled on 15 November 1991 and as
    further extended by the exchange of letters initialled on 8 December 1992.
    The Mission of the Republic of Peru 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 Peru 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 Peru to the European Communities avails itself of this opportunity
    to renew to the Directorate-General for External Relations the assurance of its highest
    consideration .