CELEX: 21992A1231(18)
Language: sv
Date: 1992-12-21 00:00:00
Title: Avtal i form av skriftväxling om ändring av avtalet mellan Europeiska ekonomiska gemenskapen och Hongkong om handel med textilprodukter - Godkända protokoll - Verbalnoter - Notväxling

11 /Vol . 30                                      Europeiska gemenskapernas officiella tidning                                    19

292A1231 18 )

Nr L 110/2                             EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING                                          30.04.94

                                                             AGREEMENT

           in the form of an exchange of letters amending the Agreement between the European Economic
                              Community and Hong Kong on trade in textile products

                                                              Letter No 1

           Sir,

           1.          I have the honour to refer to the consultations held on 28 to 30 October 1992 between our
                       respective delegations for the purpose of amending the Agreement cm trade in textile
                       products between the European Economic Community and Hong Kong, 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 II which sets out the quantitative restrictions for exports from Hong Kong to the
                       European Economic Community is replaced for the period 1 January 1993 to 31 December
                       1994 by Appendix 1 to this letter.
           2.2.        Article 7 ( 5 ) (c ), ( 7) and ( 9 ) of the Agreement are deleted . Consequently, the references to
                       paragraphs 9 and 7 in paragraphs 5 ( d ) and 10 are also deleted .
           2.3 .       At the end of Article 8 ( 2 ) the following is added :
                       'This information shall, for all categories of products, be transmitted before the end of the
                       second month following the quarter to which the statistics relate.'
               2.4.    Article 8 ( 3 ) 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.'

               2.5 .   Article 11 is replaced by the following:
                       ' 1 . The quantitative limits established under this Agreement on imports into the
                             Community of textile producrs of Hong Kong 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 . Hong Kong shall monitor its exports of products under restraint 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, and in accordance with Article 14 ( 1 ).
                        4. Hong Kong 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 .'   *
               2.6 .   Article 12 is deleted .

               2.7.    The following is added at the beginning of Article 14 ( 1 ):
                       '1.        Save where it is otherwise provided for in this Agreement, . .
               2.8 .   The second sentence of Article 16 ( 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 automatically extended for a period of one more year
 ---pagebreak--- 20                                Europeiska gemenskapernas officiella tidning                                11 /Vol . 30

             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 .'

     2.9 .   The first sentence of Article 5 ( 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 7 in accordance with the provisions of the Agreed
                   Minute No 1 , or to the Agreed Minute No 2, the textile products covered by the
                   corresponding export licences can only be put into free circulation in the region(s ) of
                  the Community indicated in those licences.'
     2.10. The second indent of Article 10 ( 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 7 in accordance with the provisions of the Agreed Minute No 1 , or to
             the Agreed Minute No 2, the products covered by the corresponding import licences can
             only be put into free circulation in the region(s ) of the Community indicated in those
             licences .'

     2.11 . The second and fifth indents of Article 12 ( 2 ) of Protocol A are replaced by the
            following:
             '— two letters identifying in the intended Member State of customs clearance as
                  follows : . .

             '— a five-digit number running consecutively from 00001 to 99999 allocated to the
                  intended Member State of customs clearance .'

     2.12 . Agreed Minute No 1 set out in Appendix 2 to this letter shall form an integral part of the
             Agreement.

     2.13 . Agreed Minute No 2 set out in Appendix 3 to this letter shall form an integral part of the
             Agreement.

     2.14. Agreed Minute No 3 set out in Appendix 4 to this letter shall form an integral part of the
             Agreement.

     2.15. Agreed Minute No 4 set out in Appendix 5 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--- 11 /Vol. 30                                         Europeiska gemenskapernas officiella tidning                                               21

                                                                    Appenaix 1

                                                                     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

              2                            tonnes                                13 511                13 538               13 565

              of which 2 A                 tonnes                                11 627                11 650               11 674

              3                            tonnes                                11 213                11 236               11 258
              of which 3 A                 tonnes                                 7511                  7 526                 7 541

              4                            1 000 pieces (·')                     37 525               37 788                38 052
              5                            1 000 pieces                         28 536                28 707                28 880

              6                            1 000 pieces (')                      54 167                54 438               54 711

              of which 6 A                 1 000 pieces (')                      45 075                45 301               45 527

              7                            1 000 pieces                          31 775                32 029               32 286
              8                            1 000 pieces                          48 749                49 041               49 335

              32                           tonnes                                 6 891                 7 063                 7 240

              39                           tonnes                                 1 505                 1 535                 1 565

              12                           1 000 pairs                           12 354                12 724                13 106

              13                           1 000 pieces (')                      81 992                82 812               83 640

              13S                          tonnes {-)                             '1 607                1 671                 1 738
              16                           1 000 sets                             2 282                 2316                  2 351

              18                           tonnes                                 7 278                 7 459                 7 646
              21                           1 000 pieces (2)                      17 099                17 355                17615

              24                           1 000 pieces                           8 378                 8 588                 8 803
              26                           1 000 pieces                          10 037                10 138                10 239
              27                           1 000 pieces                           9 953                10 152                10 355
              29                           1 000 sets                             2 621                 2 686                 2 754
              31                           1 000 pieces                          19 888                20 485               21 0 99
              68                           tonnes (')                             2 572                 2 662                 2 755
              68S                          tonnes ( 2 )                              586                  606                   628
              73                           1 000 sets (*')                        2013                  2 054                 2 095
              77                           tonnes                                    642                  658                   674
              78                           tonnes                                  9 051                9 277                 9 509
              83                           tonnes                                    369                   378                  388
              61                           tonnes                                 2 187                 2 297                 2411
              10                           1 000 pairs                           87 536                89 287           '    91 073
              72 (·)                       1 000 pieces                          16 877                17 552                18 254
              74                           1 000 sets                              1 093                 1 137                1 182

              Note: The numbers or the asterisk in brackets are references to the footnotes in Annex II to the Agreement for the appropriate
                       category respecnvely.
              C) Applies oniy to knitted swimwear.
 ---pagebreak--- 22                             Europeiska gemenskapernas officiella tidning                             1 1 /Vol . 30

                                               Appendix 2

                                          Agreed Minute No 1

     In the context of the Agreement between the European Economic Community and Hong Kong on
     trade in textile and clothing products, initialled in Brussels on 3 November 1992, the Parties
     agreed that Article 7 of the Agreement does not preclude the Community, if the conditions are
     fulfilled , from applying the safeguard measures referred to in Article 7 for one or more of its
     regions in conformity with the principles of the internal market.

     In such an event, Hong Kong shall be informed in advance of the relevant provisions of
     Protocol A of the Agreement to be applied,-1 as appropriate.

                   For the Delegation                           For the Delegation of the
                     of Hong Kong                            European Economic Community

                                                Appendix 3

                                          Agreed Minute No 2

     Notwithstanding Article 11 ( 1 ) of the 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 the 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 11 ( 3 ), Hong Kong 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 Hong Kong on the basis of export licences obtained before the date of formal
     notification to Hong Kong by the Community about the introduction of the above limits .

     The Community shall inform Hong Kong 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 Delegation                           For the Delegation of the
                     of Hong Kong                            European Economic Community
 ---pagebreak--- 11 /Vol. 30                                 Europeiska gemenskapernas officiella tidning                          23

                                                          Note verbale

              The Directorate-General for External Relations of the Commission of the European Communities
              presents its compliments to the Special Representative of Hong Kong to the European
              Communities and has the honour to refer to the Agreement on textile products between Hong
              Kong and the Community applied since 1 January 1987, as extended by the exchange of letters
              initialled on 16 July 1991 and further extended by the exchange of letters initialled on
              3 November 1992.

              The Directorate-General wishes to inform the Special Representative of Hong Kong 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 3 November 1992. Consequently, the
              corresponding provisions of Articles 5 and 10 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
              Special Representative of Hong Kong to the European Communities the assurance of its highest
              consideration .

                                                            Appendix 4

                                                      Agreed Minute No 3

              In the context of the Agreement between the European Economic Community and Hong Kong on
              trade in textile and clothing products, initialled in Brussels on 3 November 1992 , the Parties
              agreed that Hong Kong 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 Hong Kong further agreed to hold consultations, should the need arise, in
              order to avert any problems which mighr occur in this respect.

              The Parties agreed that this Agreed Minute replaces the corresponding Agreed Minute of the
              Agreement.

                                For the Delegation                          For the Delegation of the
                                  of Hong Kong                           European Economic Community
 ---pagebreak--- 24                                Europeiska gemenskapernas officiella tidning                              11 /Vol. 30

                                                  Appendix 5

                                             Agreed Minute No 4

     In the context of the Agreement between the European Economic Community and Hong Kong on
     trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
     of letters initialled on 16 July 1991 and further extended by the exchange of letters initialled on
     3 November 1992, Hong Kong agreed that, from the date of request for and pending the
     consultations referred to in Article 11 (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 Delegation                         For the Delegation of the
                         of Hong Kong                          European Economic Community

                                              Exchange of notes

     The Directorate-General for External Relations of the Commission of the European Communities
     presents its compliments to the Special Representative of Hong Kong tö the European
     Communities and has the honour to refer to the Agreement on textile products between Hong
     Kong and the Community applied since 1 January 1987, as extended by the exchange of letters
     initialled on 16 July 1991 and further extended by the exchange of letters initialled on
     3 November 1992 .

     The Directorate- General wishes to inform the Special Representative of Hong Kong 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 Special Representative
     would confirm his Agreement to the foregoing.

     The Directorate-General for External Relations avails itself of this opportunity to renew to the
     Special Representative of Hong Kong to the European Communities the assurance of its highest
     consideration .
 ---pagebreak--- 11 /Vol . 30                                       Europeiska gemenskapernas officiella tidning                                   25

                                                                  Letter No 2

               Sir,

               I have the honour to acknowledge receipt of your letter of . . . which reads as follows:

                      ' Sir,

                      1.       I have the honour to refer to the consultations held on 28 to 30 October 1992 between
                               our respective delegations for the purpose of amending the Agreement on trade in
                               textile products between the European Economic Community and Hong Kong, 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 II which sets out the quantitative restrictions for exports from Hong Kong to the
                               European Economic Community is replaced for the period 1 January 1993 to
                               31 December 1994 by Appendix 1 to this letter.

                      2.2 .    Article 7 ( 5 ) (c ), ( 7 ) and ( 9 ) of the Agreement are deleted . Consequently, the reference
                               to paragraphs 9 and 7 in paragraphs 5 ( d ) and 10 are also deleted .

                      2.3 .    At the end of Article 8 ( 2 ) the following is added :
                               "This information shall , for all categories of products , be transmitted before the end
                               second month following the quarter to which the statistics relate ".

                      2.4.     Article 8 ( 3 ) 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 ."

                      2.5 .    Article 11 ( 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 Hong Kong 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 . Hong Kong shall monitor its exports of products under restraint 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, and in accordance with
                                    Article 14 ( 1 ).
                                4. Hong Kong 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 ."
                      2.6 .    Article 12 is deleted .

                      2.7.     The following is added at the beginning of Article 14 ( 1 ):
                               " 1 . Save where it is otherwise provided for in this Agreement, ..."
                      2.8 .    The second sentence of Article 16 ( 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 automatically extended for a period of one more
                               year up to 31 December 1995, unless either Party notifies the other at least six months
 ---pagebreak--- 26                                  Europeiska gemenskapernas officiella tidning                           11 /Vol . 30

               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."
     2,9 .     The first sentence of Article 5 ( 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 7 in accordance with
                     the provisions of the Agreed Minute No 1 , or to the Agreed Minute No 2 , the
                     textile products covered by the corresponding export licences can only be put into
                     free circulation in the region(s ) of the Community indicated in those licences ."
         2.10. The second indent of Article 10 ( 1 ) of Protocol A to the Agreement is replaced by the
                following:
                "The import authorizations shall be valid for six months from the date 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 7 in accordance with the provisions of the Agreed Minute No 1 , or
              ' to the Agreed Minute No 2, the products covered by the corresponding import licences
                can only be put into free circulation in the region(s) of the Community indicated in
                those licences ."

         2.11 . The second and fifth indents of Article 12 (2 )
               Protocol A arc replaced by the following:
                "— two letters identifying the intended Member State of customs clearance as
                     follows : ..."

                "— a five-digit number running consecutively from 0000 1 to 99999 allocated to the
                     intended Member State of customs clearance ."

         2.12. Agreed Minute No 1 set out in Appendix 2 to this letter shall form an integral part of
                the Agreement.
         2.13 . Agreed Minute No 2 set out in Appendix 3 to this letter shall form an integral part of
                the Agreement.
         2.14 . Agreed Minute No 3 set out in Appendix 4 to this letter shall form an integral part of
                the Agreement.
         2.15 . Agreed Minute No 4 set out in Appendix 5 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 tbe Government of Hong Kong
 ---pagebreak--- 11 / Vol . 30                                       Europeiska gemenskapernas officiella tidning                                                 27

                                                                        Appendix 1

                                                                        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

                2                          tonnes                                  13 511                13 538                13 565
                of which 2 A               tonnes                                  11 627                11 650                11 674

                3                          tonnes                                   11 213               11 236                11258
                of which 3 A               tonnes                                    7511                  7 526                7 541

                4                          1 000 pieces (3)                        37 525                37 788                38 052
                5                          1 000 pieces                            28 536                28 707                28 880
                6                          1 000 pieces (')                        54 167                54 438                54 711
                of which 6 A               1 000 pieces (')                        45 075                45 301                45 527
                7                           1 000 pieces                           31 775                32 029                32 286
                8                           1 000 pieces                           48 749                49 041                49 335

                32                         tonnes                                    6 891                7 063                 7 240

                39                         tonnes                                    1 505                 1 535                 1 565

                12                         1 000 pairs                              12 354               12 724                13 106

                13                          1 000 pieces {')                       81 992                82 812                83 640

                13S                        tonnes ( 2)                               1 607                 1 671                1 738

                16                         1 000 sets                                2 282                 2316                 2 351

                18                         tonnes                                    7 278                 7 459                7 646
                21                         1 000 pieces (-1)                        17 099               17 355                17615
                24                         1 000 pieces                              8 378                 8 588                S 803
                26                         1 000 pieces                            10 037                10 138                10 239
                27                         1 000 pieces                              9 953               10 152                10 355

                29                         1 000 sets                                2 621                2 686                 2 754

                31                         1 000 pieces                             19 888               20 485                21 099
                68                         tonnes (')                                2 572                 2 662                2 755

                68S                        tonnes ( z)                                 586                   606                  628

                73                         1 000 sets Π                              2 013                2 054                 2 0 95
                77                         tonnes                                      642                   658                  674

                78                         tonnes                                    9 051                 9 277                9 509

                83                         tonnes                                      369                   378                  388

                61                         tonnes                                    2 187                2 297                 2411

                10                         1 000 pairs                             87 536                89 287                91 073

                72 (')                     1 000 pieces                            16 877                17 552                18 254

                74                         1 000 sets                                1 093                 1 137                1 182

                Note: The numbers or the asterisk in brackets are references to the footnotes in Annex II to the Agreement for the appropriate
                       category respectively .
                (') Applies only to knitted swirmvear.
 ---pagebreak--- 28                             Europeiska gemenskapernas officiella tidning                             11 /Vol . 30

                                               Appendix 2

                                          Agrecd Minute No 1
     In the context of the Agreement between the European Economic Community and Hong Kong on
     trade in textile and clothing products, initialled in Brussels on 3 November 1992, the Parties
     agreed that Article 7 of the Agreement does not preclude the Community, if the conditions are
     fulfilled, from applying the safeguard measures referred to in Article 7 for one or more of its
     regions in conformity with the principles of the internal market.
     In such an event, Hong Kong shall be informed in advance of the relevant provisions of
     Protocol A to the Agreement to be applied, as appropriate.

                   For the Delegation                           For the Delegation of the
                     of Hong Kong                           European Economic Community

                                               Appendix 3

                                          Agreed Mmute No 2
     Notwithstanding Article 11 ( 1 ) of the 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 the 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 11 ( 3 ) Hong Kong 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 Hong Kong on the basis of export licences obtained before the date of formal
     notification to Hong Kong by the Community about the introduction of the above limits .
     The Community shall inform Hong Kong 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 Delegation                          For the Delegation of the
                     of Hong Kong                           European Economic Community
 ---pagebreak--- 11 /Vol . 30                               Europeiska gemenskapernas officiella tidning                            29

                                                          Note verbale

               The Directorate-General for External Relations of the Commission of the European Communites
               presents its compliments to the Special Representative of Hong Kong to the European
               Communities and has the honour to refer to the Agreement on textile products between Hong
               Kong and the Community applied since 1 January 1987, as extended by the exchange of letters
               initialled on 16 July 1991 and further extended by the exchange of letters initialled on
               3 November 1992 .

               The Directorate-General wishes to inform the Special Representative of Hong Kong 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 3 November 1992. Consequently, the
               corresponding provisions of Articles 5 and 10 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
               Special Representative of Hong Kong to the European Communities the assurance of its highest
               consideration .

                                                           Appendix 4

                                                      Agreed Minute No 3
               In the context of the Agreement between the European Economic Community and Hong Kong on
               trade in textile and clothing products , initialled in Brussels on 3 November 1992, the Parties
               agreed that Hong Kong 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 Hong Kong 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.

                                 For the Delegation                         For the Delegation of the
                                   of Hong Kong                          European Economic Community
 ---pagebreak--- 30                              Europeiska gemenskapernas officiella tidning                                1 1 /Vol. 30

                                                 Appendix 5

                                            Agreed Minute No 4

     In the context of the Agreement between the European Economic Community and Hong Kong on
     trade in textile and clothing products, applied since 1 January 1987, as extended by the exchange
     of letters initialled on 16 July 1991 and further extended by the exchange of letters initialled on
     3 November 1992, Hong Kong agreed that, from the date of request for and pending the
     consultations referred to in Article 11 (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 Communitv.

                    For the Delegation                            For the Delegation of the
                      of Hong Kong                             European Economic Community

                                             Exchange of notes

     The Special Representative of Hong Kong to the European Communities presents his compliments
     to the Directorate-General for External Relations of the Commission of the European
     Communities and has the honour to refer to the Directorate-General's note of 3 November 1992
     regarding the Agreement on textile products between Hong Kong and the Community applied
     since 1 January 1987, as extended by the exchange of letters initialled on 16 July 1991 and
     further extended by the exchange of letters initialled on 3 November 1992 .

     The Special Representative of Hong Kong 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 Hong Kong 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 Special Representative of Hong Kong to the European Communities avails himself of this
     opportunity to renew to the Directorate-General for External Relations the assurance of his
     highest consideration .