CELEX: 52004PC0857
Language: en
Date: 2005-01-06
Title: Proposal for a Council Decision on the signing and the provisional application of the bilateral agreement between the European Community and Ukraine on trade in textile products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 6.01.2005
                                                    COM(2004) 857 final
                                                    2004/0293 (ACC)
                                       Proposal for a
                                  COUNCIL DECISION
   on the signing and the provisional application of the bilateral agreement between the
              European Community and Ukraine on trade in textile products
                              (presented by the Commission)
EN                                                                                       EN
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   In accordance with the Council mandate and the negotiating directives of 26 July 2004, the
   Commission has negotiated an agreement on the extension of the existing bilateral agreement
   between the European Community and Ukraine on trade in textile products.
   This agreement provides for an extension of the present textile agreement (roll-over) until 31
   December 2005 with a tacit renewal for a period of one more year. Double-checking
   (surveillance) is, however, no longer required.
   Pending the completion of the relevant procedures, the Commission proposes that the
   Agreement shall be applied provisionally as from 1 January 2005, subject to reciprocity.
   The Council is invited to approve on behalf of the Community this proposal for a Council
   Decision on the signature and the provisional application of the Agreement in the form of an
   Exchange of Letters amending the existing Agreement between the European Community and
   Ukraine on trade in textile products pending the formal conclusion of that Agreement on
   behalf of the Community.
EN                                                 2                                              EN
 ---pagebreak---                                                            2004/0293 (ACC)
                                             Proposal for a
                                        COUNCIL DECISION
     on the signing and the provisional application of the bilateral agreement between the
                  European Community and Ukraine on trade in textile products
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   133 in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   (1)     The Commission has negotiated on behalf of the Community a bilateral agreement to
           extend the existing bilateral agreement on trade in textile products with Ukraine.
   (2)     Subject to its possible conclusion at a later date, the Agreement should be signed on
           behalf of the Community.
   (3)     It is appropriate to apply this Agreement on a provisional basis as from 1 January 2005
           pending the completion of the relevant procedures for its conclusion, subject to
           reciprocity.
   HAS DECIDED AS FOLLOWS:
                                                Article 1
   Subject to a possible conclusion at a later date, the President of the Council is hereby
   authorised to designate the persons empowered to sign on behalf of the European Community
   the Agreement on trade in textile products between the European Community and Ukraine.
                                                Article 2
   Subject to reciprocity, the Agreement referred to in Article 1 shall be applied on a provisional
   basis as from 1 January 2005 pending the completion of the procedures for its conclusion.
   The text of the Agreement is annexed to this Decision.
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 ---pagebreak---                                               Article 3
   The Commission may, in accordance with the procedure referred to in Art. 17 of Council
   Regulation (EC) 3030/93 on common rules for imports of certain textile products from third
   countries1, adopt the measures foreseen in point 6 of the Exchange of letters signed on 19
   December 2000, consisting of reinstating the quota-regime applicable during the year 2000 in
   case of non-application by Ukraine of the tariff rates described in paragraph 1.5 of the
   Exchange of Letters.
   Done at Brussels,
                                               For the Council
                                               The President
   1
          OJ L 275, 8.11.1993, as last amended by Council Regulation (EC) No 2200/2004 (OJ L 374,
          22.12.2004).
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 ---pagebreak---                                                    ANNEX
   AGREEMENT in the form of an Exchange of Letters between the European
   Community and Ukraine, represented by the Government of Ukraine, concerning the
   extension and amendment of the Agreement between the European Economic
   Community and Ukraine on trade in textile products of 1993, as last amended by the
   Agreement in the form of an Exchange of Letters signed on 19 December 2000
   Letter from the Council of the European Union
   Sir,
   I have the honour to refer to the Agreement between the European Economic Community and
   Ukraine on trade in textile products of 1993, as last amended by the Agreement in the form of
   an Exchange of Letters signed on 19 December 2000 (hereafter referred to as the
   ‘Agreement’).
   1.        According to Article 20(1), the Agreement shall only apply until 31 December 2004.
             The European Community proposes to extend the duration of the Agreement, for a
             further period, subject to the following amendments and conditions:
   1.1.      Annex I of the Agreement which lists the products referred to in Article 1 of the
             Agreement and also contains the category and goods descriptions for textiles
             products, shall be replaced by Annex I to Council Regulation (EC) No 3030/932.
             Without prejudice to the general rules for the interpretation of the combined
             nomenclature, the description of goods is only indicative, since the products covered
             by each category are determined within that Annex by CN codes. Where there is an
             ‘ex’ symbol in front of a CN code, the products covered in each category are
             determined by the scope of the CN code and by that of the corresponding description.
   1.2.      Article 2, paragraph 1, second sentence and Title III of Protocol A of the Agreement
             are repealed.
   1.3.      The text of Article 20(1), second sentence, of the Agreement shall be replaced by the
             following:
             ‘It shall be applicable until 31 December 2005.’
   1.4.      In the text of Article 20(1), a third sentence shall be added as follows:
             ‘Thereafter, the application of all of the provisions of this Agreement shall be
             extended automatically for a period of one more year up to 31 December 2006,
             unless either Party notifies the other at least six months before 31 December 2005
             that it does not agree with this extension.’
   1.5.      The tariff rates applied by Ukraine to exports of EC origin of products of HS
             chapters 50-63 will not exceed the rates agreed in the Exchange of letter signed on 19
             December 2000.
   2
           In 2004 this Annex was published in EU Official Journal L 51 of 20.2.2004.
EN                                                      5                                           EN
 ---pagebreak---    2.       Should Ukraine become a Member of the World Trade Organisation (WTO) before
            the date of the expiry of the Agreement, the Agreements and rules of the WTO shall
            be applied from the date of Ukraine’s accession to the WTO.
   3.       I should be obliged if you could kindly confirm your Government's acceptance of the
            foregoing. Should this be the case, this letter together with your letter of acceptance
            will constitute an Agreement in the form of an Exchange of Letters which shall enter
            into force on the first day of the month following the day on which the Parties have
            notified each other that the internal legal procedures necessary to this end have been
            completed. In the meantime, it shall be applied provisionally from 1 January 2005 on
            conditions of reciprocity.
   Please accept, Sir, the assurance of my highest consideration.
   For the Council of the European Union
EN                                                  6                                               EN
 ---pagebreak---    Letter from the Government of Ukraine
   Sir,
   I have the honour to confirm the receipt of your letter dated __________, the text of which is
   as follows:
   "Sir,
   I have the honour to refer to the Agreement between the European Economic Community and
   Ukraine on trade in textile products of 1993, as last amended by the Agreement in the form of
   an Exchange of Letters signed on 19 December 2000 (hereafter referred to as the
   ‘Agreement’).
   1.        According to Article 20(1), the Agreement shall only apply until 31 December 2004.
             The European Community proposes to extend the duration of the Agreement, for a
             further period, subject to the following amendments and conditions:
   1.1.      Annex I of the Agreement which lists the products referred to in Article 1 of the
             Agreement and also contains the category and goods descriptions for textiles
             products, shall be replaced by Annex I to Council Regulation (EC) No 3030/933.
             Without prejudice to the general rules for the interpretation of the combined
             nomenclature, the description of goods is only indicative, since the products covered
             by each category are determined within that Annex by CN codes. Where there is an
             ‘ex’ symbol in front of a CN code, the products covered in each category are
             determined by the scope of the CN code and by that of the corresponding description.
   1.2.      Article 2, paragraph 1, second sentence and Title III of Protocol A of the Agreement
             are repealed.
   1.3.      The text of Article 20(1), second sentence, of the Agreement shall be replaced by the
             following:
             ‘It shall be applicable until 31 December 2005.’
   1.4.      In the text of Article 20(1), a third sentence shall be added as follows:
             ‘Thereafter, the application of all of the provisions of this Agreement shall be
             extended automatically for a period of one more year up to 31 December 2006,
             unless either Party notifies the other at least six months before 31 December 2005
             that it does not agree with this extension.’
   1.5.      The tariff rates applied by Ukraine to exports of EC origin of products of HS
             chapters 50-63 will not exceed the rates agreed in the Exchange of letter signed on 19
             December 2000.
   2.        Should Ukraine become a Member of the World Trade Organisation (WTO) before
             the date of the expiry of the Agreement, the Agreements and rules of the WTO shall
             be applied from the date of Ukraine’s accession to the WTO.
   3
           In 2004 this Annex was published in EU Official Journal L51 of 20.2.2004.
EN                                                      7                                           EN
 ---pagebreak---    3.       I should be obliged if you could kindly confirm your Government's acceptance of the
            foregoing. Should this be the case, this letter together your letter of acceptance will
            constitute an Agreement in the form of an Exchange of Letters which shall enter into
            force on the first day of the month following the day on which the Parties have
            notified each other that the internal legal procedures necessary to this end have been
            completed. In the meantime, it shall be applied provisionally from 1 January 2005 on
            conditions of reciprocity.
   Please accept, Sir, the assurance of my highest consideration."
   I have the honour to confirm that the Government of Ukraine acknowledges the content of
   your letter.
   Please accept, Sir, the assurance of my highest consideration.
   For the Government of Ukraine
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