52003PC0712

Proposal for a COUNCIL DECISION on the signing and the provisional application of bilateral agreements between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) on trade in textile products

(presented by the Commission)

EXPLANATORY MEMORANDUM

In accordance with the Council negotiating directives of 29 September 2003, the Commission has negotiated agreements on the extension of the existing bilateral Agreements between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) on trade in textile products.

These agreements provide for an extension of the present textiles agreements (roll-over) until 31 December 2004.

Pending the completion of the relevant procedures, the Commission proposes that the Agreements be applied provisionally as from 1 January 2004, subject to reciprocity.

The Council is invited to approve on behalf of the Community this proposal for a Council Decision on the provisional application of the Agreements in the form of an Exchange of Letters amending the existing Agreements between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) on trade in textile and clothing products pending the formal conclusion of that Agreement on behalf of the Community.

2003/0276 (ACC)

Proposal for a COUNCIL DECISION on the signing and the provisional application of bilateral agreements between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan) 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 bilateral agreements to extend the existing bilateral agreements on trade in textile products with certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan).

(2) Subject to their possible conclusion at a later date, the Agreements should be signed on behalf of the Community.

(3) It is appropriate to apply these Agreements on a provisional basis as from 1 January 2004 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 Agreements on trade in textile products between the European Community and certain third countries (Azerbaijan, Kazakhstan, Tajikistan and Turkmenistan).

Article 2

Subject to reciprocity, the Agreements referred to in Article 1 shall be applied on a provisional basis as from 1 January 2004 pending the completion of the procedures for its conclusion.

The texts of the Agreements are annexed to this Decision

Done at Brussels, [...]

For the Council

The President

ANNEX

AGREEMENT in the form of an Exchange of Letters between the European Community and the Republic of Azerbaijan amending the Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products initialled in Brussels on 20 September 1993, as last amended by an Agreement in the form of an Exchange of Letters initialled on 26 November 1999

Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products initialled on 20 September 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 26 November 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in any given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5 (2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Azerbaijan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

Appendix 1

Annex I to the Agreement between the European Community and Azerbaijan on trade in textile products initialled on 20 September 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [1]. It is understood that, without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

Letter from the Government of the Republic of Azerbaijan

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 Agreement between the European Economic Community and the Republic of Azerbaijan on trade in textile products initialled on 20 September 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 26 November 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1 Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in any given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5 (2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Azerbaijan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Azerbaijan

Appendix 1

Annex I to the Agreement between the European Community and Azerbaijan on trade in textile products initialled on 20 September 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [2]. It is understood that without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[2] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

AGREEMENT in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan amending the Agreement between the European Economic Community and the Republic of Kazakhstan on trade in textile products initialled in Brussels on 15 October 1993, as last amended by an Agreement in the form of an Exchange of Letters initialled on 29 November 1999

Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and the Republic of Kazakhstan on trade in textile products initialled on 15 October 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 29 November 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 1, 3, 4, 5, 6, 7 and 8 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Kazakhstan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (5), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

Appendix 1

Annex I to the Agreement between the European Community and Kazakhstan on trade in textile products initialled on 15 October 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [3]. It is understood that, without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[3] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

Letter from the Government of the Republic of Kazakhstan

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 Agreement between the European Economic Community and the Republic of Kazakhstan on trade in textile products initialled on 15 October 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 29 November 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1 Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 1, 3, 4, 5, 6, 7 and 8 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Kazakhstan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (5), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Kazakhstan

Appendix 1

Annex I to the Agreement between the European Community and Kazakhstan on trade in textile products initialled on 15 October 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [4]. It is understood that without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[4] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

AGREEMENT in the form of an exchange of letters between the European Community and the Republic of Tajikistan amending the Agreement between the European Economic Community and the Republic of Tajikistan on trade in textile products initialled in Brussels on 16 July 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 27 October 1999.

Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and the Republic of Tajikistan on trade in textile products initialled on 16 July 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 27 October 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 3, 4, 5 and 7 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Tajikistan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

Appendix 1

Annex I to the Agreement between the European Community and the Republic of Tajikistan on trade in textile products initialled on 16 July 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [5]. It is understood that, without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[5] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

Letter from the Government of the Republic of Tajikistan

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 Agreement between the European Economic Community and the Republic of Tajikistan on trade in textile products initialled on 16 July 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 27 October 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to maintain in force the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1 Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 3, 4, 5 and 7 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should the Republic of Tajikistan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Tajikistan

Appendix 1

Annex I to the Agreement between the European Community and the Republic of Tajikistan on trade in textile products initialled on 16 July 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [6]. It is understood that without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[6] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

AGREEMENT in the form of an Exchange of Letters between the European Community and Turkmenistan amending the Agreement between the European Economic Community and Turkmenistan on trade in textile products initialled in Brussels on 18 October 1993, as last amended by an Agreement in the form of an Exchange of Letters initialled on 2 December 1999

Letter from the Council of the European Union

Sir,

1. I have the honour to refer to the Agreement between the European Economic Community and Turkmenistan on trade in textile products initialled on 18 October 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 2 December 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1. Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 2, 3, 4, 5, 6, 7 and 8 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should Turkmenistan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

Appendix 1

Annex I to the Agreement between the European Community and Turkmenistan on trade in textile products initialled on 18 October 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [7]. It is understood that, without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.

[7] In 2002 this Annex was published in EU Official Journal L357 of 31.12.2002.

Letter from the Government of the Republic of Turkmenistan

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 Agreement between the European Economic Community and Turkmenistan on trade in textile products initialled on 18 October 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 2 December 1999 (hereafter referred to as the 'Agreement').

2. In view of the expiry of the Agreement on 31 December 2003 and in accordance with Article 20 (4) of the Agreement, the European Community proposes to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1 Annex I which sets out the products referred to in Article 1 of the Agreement is replaced by Appendix 1 to this letter.

2.2. The text of Article 20, paragraph 1, second and third sentences, of the Agreement shall be replaced by the following:

'It shall be applicable until 31 December 2004.'

2.3. Textile categories 2, 3, 4, 5, 6, 7 and 8 are exempted from the double-checking system referred to in Article 2 (3) of the Agreement and specified in Protocol A. If, in a given year, the levels of imports of products of these textile categories exceed the rates specified in Article 5(2) of the Agreement, the double-checking system will be automatically reintroduced for these categories.

3. Should Turkmenistan become a Member of the World Trade Organisation before the date of expiry of the Agreement, the provisions of Articles 2 (2) to (6), 3, 6, 7, 8, 9, 11 to 19, Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed Minute No 2, Agreed Minute No 3 and Agreed Minute No 4 shall continue to be applicable as administrative arrangements within the meaning of Article 2 (17) of the WTO Agreement on Textiles and Clothing.

4. 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 its appendix and 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 legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2004 on conditions of reciprocity.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Turkmenistan

Appendix 1

Annex I to the Agreement between the European Community and Turkmenistan on trade in textile products initialled on 18 October 1993, containing the category and goods descriptions for textiles products, is replaced by Annex I to EC Regulation 3030/93 [8]. It is understood that without prejudice to the rules for the interpretation of the combined nomenclature, the wording of the description of goods is considered to be of indicative value only, 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.