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Document 21995A0426(25)

    Agreement in the form of an exchange of letters between the European Community and Ukraine amending the Agreement between the European Economic Community and Ukraine on trade in textile products to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union

    JO L 94, 26.4.1995, p. 508–530 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    Acest document a fost publicat într-o ediţie specială (CS, ET, LV, LT, HU, MT, PL, SK, SL, BG, RO)

    Legal status of the document No longer in force, Date of end of validity: 31/12/2007

    Related Council decision

    11/ 11

    EN

    Official Journal of the European Union

    182


    21995A0426(25)


    L 094/508

    OFFICIAL JOURNAL OF THE EUROPEAN UNION


    AGREEMENT

    in the form of an exchange of letters between the European Community and Ukraine amending the Agreement between the European Economic Community and Ukraine on trade in textile products to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union

    Sir,

    1.

    I have the honour to refer to the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993.

    2.

    In order to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that the following amendments should be made to the Agreement between the European Economic Community and Ukraine on trade in textile products:

    2.1.

    The following text is added after Article 5, paragraph 2:

    „For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year's total imports from all third countries shall be calculated on the basis of imports into the Community as constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded from this total.”

    2.2.

    Figures in Annex II which set out the quantitative limits for exports from Ukraine to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter.

    2.3.

    Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as follows:

    ‘—

    two letters identifying the intended Member State of customs clearance as follows:

    AT

    =

    Austria

    BL

    =

    Benelux

    DE

    =

    Federal Republic of Germany

    DK

    =

    Denmark

    EL

    =

    Greece

    ES

    =

    Spain

    FI

    =

    Finland

    FR

    =

    France

    GB

    =

    United Kingdom

    IE

    =

    Ireland

    IT

    =

    Italy

    PT

    =

    Portugal

    SE

    =

    Sweden’

    2.4.

    The Annex to Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter.

    2.5.

    The Annex to Protocol A, setting out the model of the export licence is replaced by Appendix III to this letter.

    2.6.

    The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and folklore products is replaced by Appendix IV to this letter.

    2.7.

    Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter.

    2.8.

    Should one or more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the „Adjusted limits 1995” set out in Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force.

    2.9.

    Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of Ukraine shall be authorized to continue issuing the forms that were in use in 1994.

    2.10.

    Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995.

    3.

    I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, 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. In the meantime, it shall be applied provisionally from 1 January 1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

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

    For the Council

    of the European Union

    Appendix I

    ANNEX II

    COMMUNITY QUANTITATIVE LIMITS

    Group

    Category

    Unit

    Existing limit 1995

    Adjustment for

    Adjusted limit 1995

    Sweden

    Finland

    Austria

    IA

    1

    tonnes

    653

    24

    11

    20

    707

    IA

    2

    tonnes

    1 500

    33

    15

    28

    1 576

    IA

    2a

    tonnes

    375

    10

    4

    8

    398

    IA

    3

    tonnes

    375

    13

    6

    11

    404

    IB

    4

    1 000 pieces

    983

    93

    42

    77

    1 196

    IB

    5

    1 000 pieces

    1 059

    37

    17

    31

    1 144

    IB

    6

    1 000 pieces

    874

    41

    19

    34

    968

    IB

    7

    1 000 pieces

    273

    29

    13

    24

    338

    IB

    8

    1 000 pieces

    382

    40

    18

    33

    472

    IIA

    9

    tonnes

    339

    17

    8

    14

    378

    IIA

    20

    tonnes

    557

    25

    11

    21

    615

    IIA

    22

    tonnes

    223

    36

    16

    30

    306

    IIA

    23

    tonnes

    325

    18

    8

    15

    366

    IIA

    39

    tonnes

    193

    11

    5

    9

    218

    IIB

    12

    1 000 pairs

    2 756

    276

    124

    228

    3 384

    IIB

    13

    1 000 pieces

    1 591

    285

    128

    236

    2 239

    IIB

    15

    1 000 pieces

    131

    21

    9

    17

    179

    IIB

    16

    1 000 pieces

    70

    6

    3

    5

    84

    IIB

    21

    1 000 pieces

    98

    40

    18

    33

    189

    IIB

    24

    1 000 pieces

    529

    55

    25

    46

    654

    IIB

    26/27

    1 000 pieces

    262

    66

    30

    55

    413

    IIB

    29

    1 000 pieces

    54

    9

    4

    8

    75

    IIB

    73

    1 000 pieces

    382

    13

    6

    11

    412

    IIB

    83

    tonnes

    159

    6

    3

    5

    173

    IIIA

    33

    tonnes

    546

    65

    29

    54

    694

    IIIA

    36

    tonnes

    668

    24

    11

    20

    723

    IIIA

    37

    tonnes

    772

    67

    30

    55

    923

    IIIA

    50

    tonnes

    88

    8

    4

    7

    107

    IIIB

    67

    tonnes

    165

    35

    16

    29

    245

    IIIB

    74

    1 000 pieces

    270

    28

    12

    23

    333

    IIIB

    90

    tonnes

    551

    20

    9

    17

    597

    IV

    115

    tonnes

    198

    10

    5

    9

    222

    IV

    117

    tonnes

    496

    7

    3

    6

    512

    IV

    118

    tonnes

    309

    5

    2

    5

    321

     

    Image

     

    Image

     

    Image

    Appendix V

    ANNEX TO PROTOCOL C

    OUTWARD PROCESSING TRAFFIC

    Community quantitative limits

    Group

    Category

    Unit

    Existing limit 1995

    Adjustment for

    Adjusted limit 1995

    Sweden

    Finland

    Austria

    IB

    4

    1 000 pieces

    1 823

    53

    24

    44

    1 943

    IB

    5

    1 000 pieces

    2 507

    73

    33

    60

    2 672

    IB

    6

    1 000 pieces

    3 191

    93

    41

    77

    3 402

    IB

    7

    1 000 pieces

    4 672

    136

    61

    112

    4 980

    IB

    8

    1 000 pieces

    912

    26

    12

    22

    972

    IIB

    12

    1 000 pairs

    6 934

    201

    90

    166

    7 392

    IIB

    13

    1 000 pieces

    874

    25

    11

    21

    932

    IIB

    15

    1 000 pieces

    2 735

    79

    36

    66

    2 916

    IIB

    16

    1 000 pieces

    562

    16

    7

    13

    599

    IIB

    21

    1 000 pieces

    1 823

    53

    24

    44

    1 943

    IIB

    24

    1 000 pieces

    809

    23

    11

    19

    862

    IIB

    26/27

    1 000 pieces

    5 470

    159

    71

    131

    5 831

    IIB

    29

    1 000 pieces

    1 236

    36

    16

    30

    1 318

    IIB

    73

    1 000 pieces

    570

    17

    7

    14

    608

    IIB

    83

    tonnes

    273

    8

    4

    7

    291

    IIIB

    74

    1 000 pieces

    562

    16

    7

    13

    599

    Appendix VI

    Exchange of notes

    The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Mission of Ukraine to the European Communities and has the honour to refer to the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling).

    The Directorate-General wishes to inform the Mission of Ukraine that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the amended Agreement, the European Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the amended Agreement provided that one hundred and twenty days notice is given.

    The Directorate-General for External Economic Relations would be grateful if the Mission of Ukraine would confirm its agreement to the foregoing.

    The Directorate-General for External Economic Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of Ukraine to the European Communities the assurance of its highest consideration.

    The Mission of Ukraine to the European Communities presents its compliments to the Directorate-General for External Economic Relations of the Commission of the European Communities and has the honour to refer to the note of the Directorate-General of (date of note verbale) regarding the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling).

    The Mission of Ukraine wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the adapted Agreement, the Government of Ukraine is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the adapted Agreement provided that one hundred and twenty days notice is given.

    The Mission of Ukraine to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Economic Relations of the Commission of the European Communities the assurance of its highest consideration.

    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 Ukraine on trade in textile products initialled on 5 May 1993.

    2.

    In order to take into account the expected accession of the Republic of Austria, the Republic of Finland, and the Kingdom of Sweden to the European Union on 1 January 1995, the European Community considers that the following amendments should be made to the Agreement between the European Economic Community and Ukraine on trade in textile products:

    2.1.

    The following text is added after Article 5, paragraph 2:

    «For the purposes of applying the provisions of paragraph 2 in the year 1995, the preceding year's total imports from all third countries shall be calculated on the basis of imports into the Community as constituted on 31 December 1994 and of imports into Austria, Finland and Sweden. Trade between the Community, Austria, Finland and Sweden, or between Austria, Finland and Sweden shall be excluded from this total.»

    2.2.

    Figures in Annex II which set out the quantitative limits for exports from Ukraine to the European Union are to be replaced by limits for the enlarged Community as set out in Appendix I to this letter.

    2.3.

    Article 14, paragraph 2, subparagraph 2, second indent of Protocol A, Title IV should be amended as follows:

    “—

    two letters identifying the intended Member State of customs clearance as follows:

    AT

    =

    Austria

    BL

    =

    Benelux

    DE

    =

    Federal Republic of Germany

    DK

    =

    Denmark

    EL

    =

    Greece

    ES

    =

    Spain

    FI

    =

    Finland

    FR

    =

    France

    GB

    =

    United Kingdom

    IE

    =

    Ireland

    IT

    =

    Italy

    PT

    =

    Portugal

    SE

    =

    Sweden”

    2.4.

    The Annex to Protocol A, setting out the model of the certificate of origin is replaced by Appendix II to this letter.

    2.5.

    The Annex to Protocol A, setting out the model of the export licence is replaced by Appendix III to this letter.

    2.6.

    The Annex to Protocol B setting out the model of the certificate applicable to certain cottage industry and folklore products is replaced by Appendix IV to this letter.

    2.7.

    Figures in the Annex to Protocol C which set out the quantitative restrictions for economic outward processing operations are to be replaced by limits for the enlarged Community as set out in Appendix V to this letter.

    2.8.

    Should one or more acceding countries not join the European Union the adjustments calculated for this or these countries shall be deducted from the «Adjusted limits 1995» set out in Appendices I and V to this letter and the respective amendments mentioned under point 2.3 shall not enter into force.

    2.9.

    Notwithstanding the modifications referred to under points 2.4, 2.5 and 2.6, during a transitional period that will end on 30 June 1995, the competent authorities of Ukraine shall be authorized to continue issuing the forms that were in use in 1994.

    2.10.

    Should inaccuracies appear in the trade figures used to establish the adjustments contained in Appendices I and V, technical revisions of these adjustments will be made following consultations and provided that the request for consultations is made not later than 28 February 1995.

    3.

    I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, 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. In the meantime, it shall be applied provisionally from 1 January 1995 on the conditions to be specified in an exchange of notes (see Appendix VI).

    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 Ukraine

    Appendix I

    ANNEX II

    COMMUNITY QUANTITATIVE LIMITS

    Group

    Category

    Unit

    Existing limit 1995

    Adjustment for

    Adjusted limit 1995

    Sweden

    Finland

    Austria

    IA

    1

    tonnes

    653

    24

    11

    20

    707

    IA

    2

    tonnes

    1 500

    33

    15

    28

    1 576

    IA

    2a

    tonnes

    375

    10

    4

    8

    398

    IA

    3

    tonnes

    375

    13

    6

    11

    404

    IB

    4

    1 000 pieces

    983

    93

    42

    77

    1 196

    IB

    5

    1 000 pieces

    1 059

    37

    17

    31

    1 144

    IB

    6

    1 000 pieces

    874

    41

    19

    34

    968

    IB

    7

    1 000 pieces

    273

    29

    13

    24

    338

    IB

    8

    1 000 pieces

    382

    40

    18

    33

    472

    IIA

    9

    tonnes

    339

    17

    8

    14

    378

    IIA

    20

    tonnes

    557

    25

    11

    21

    615

    IIA

    22

    tonnes

    223

    36

    16

    30

    306

    IIA

    23

    tonnes

    325

    18

    8

    15

    366

    IIA

    39

    tonnes

    193

    11

    5

    9

    218

    IIB

    12

    1 000 pairs

    2 756

    276

    124

    228

    3 384

    IIB

    13

    1 000 pieces

    1 591

    285

    128

    236

    2 239

    IIB

    15

    1 000 pieces

    131

    21

    9

    17

    179

    IIB

    16

    1 000 pieces

    70

    6

    3

    5

    84

    IIB

    21

    1 000 pieces

    98

    40

    18

    33

    189

    IIB

    24

    1 000 pieces

    529

    55

    25

    46

    654

    IIB

    26/27

    1 000 pieces

    262

    66

    30

    55

    413

    IIB

    29

    1 000 pieces

    54

    9

    4

    8

    75

    IIB

    73

    1 000 pieces

    382

    13

    6

    11

    412

    IIB

    83

    tonnes

    159

    6

    3

    5

    173

    IIIA

    33

    tonnes

    546

    65

    29

    54

    694

    IIIA

    36

    tonnes

    668

    24

    11

    20

    723

    IIIA

    37

    tonnes

    772

    67

    30

    55

    923

    IIIA

    50

    tonnes

    88

    8

    4

    7

    107

    IIIB

    67

    tonnes

    165

    35

    16

    29

    245

    IIIB

    74

    1 000 pieces

    270

    28

    12

    23

    333

    IIIB

    90

    tonnes

    551

    20

    9

    17

    597

    IV

    115

    tonnes

    198

    10

    5

    9

    222

    IV

    117

    tonnes

    496

    7

    3

    6

    512

    IV

    118

    tonnes

    309

    5

    2

    5

    321

     

    Image

     

    Image

     

    Image

    Appendix V

    ANNEX TO PROTOCOL C

    OUTWARD PROCESSING TRAFFIC

    Community quantitative limits

    Group

    Category

    Unit

    Existing limit 1995

    Adjustment for

    Adjusted limit 1995

    Sweden

    Finland

    Austria

    IB

    4

    1 000 pieces

    1 823

    53

    24

    44

    1 943

    IB

    5

    1 000 pieces

    2 507

    73

    33

    60

    2 672

    IB

    6

    1 000 pieces

    3 191

    93

    41

    77

    3 402

    IB

    7

    1 000 pieces

    4 672

    136

    61

    112

    4 980

    IB

    8

    1 000 pieces

    912

    26

    12

    22

    972

    IIB

    12

    1 000 pairs

    6 934

    201

    90

    166

    7 392

    IIB

    13

    1 000 pieces

    874

    25

    11

    21

    932

    IIB

    15

    1 000 pieces

    2 735

    79

    36

    66

    2 916

    IIB

    16

    1 000 pieces

    562

    16

    7

    13

    599

    IIB

    21

    1 000 pieces

    1 823

    53

    24

    44

    1 943

    IIB

    24

    1 000 pieces

    809

    23

    11

    19

    862

    IIB

    26/27

    1 000 pieces

    5 470

    159

    71

    131

    5 831

    IIB

    29

    1 000 pieces

    1 236

    36

    16

    30

    1 318

    IIB

    73

    1 000 pieces

    570

    17

    7

    14

    608

    IIB

    83

    tonnes

    273

    8

    4

    7

    291

    IIIB

    74

    1 000 pieces

    562

    16

    7

    13

    599

    Appendix VI

    Exchange of notes

    The Directorate-General for External Economic Relations of the Commission of the European Communities presents its compliments to the Mission of Ukraine to the European Communities and has the honour to refer to the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling).

    The Directorate-General wishes to inform the Mission of Ukraine that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the amended Agreement, the European Community is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the amended Agreement provided that one hundred and twenty days notice is given.

    The Directorate-General for External Economic Relations would be grateful if the Mission of Ukraine would confirm its agreement to the foregoing.

    The Directorate-General for External Economic Relations of the Commission of the European Communities avails itself of this opportunity to renew to the Mission of Ukraine to the European Communities the assurance of its highest consideration.

    The Mission of Ukraine to the European Communities presents its compliments to the Directorate-General for External Economic Relations of the Commission of the European Communities and has the honour to refer to the note of the Directorate-General of (date of note verbale) regarding the Agreement on trade in textile products between Ukraine and the European Economic Community initialled on 5 May 1993, as amended by the exchange of letters initialled on (date of initialling).

    The Mission of Ukraine wishes to confirm to the Directorate-General that whilst awaiting the completion of the necessary procedures for the conclusion and coming into force of the adapted Agreement, the Government of Ukraine is prepared to allow the provisions of the Agreement to apply de facto from 1 January 1995. This is on the understanding that either Party may at any time terminate this de facto application of the adapted Agreement provided that one hundred and twenty days notice is given.

    The Mission of Ukraine to the European Communities avails itself of this opportunity to renew to the Directorate-General for External Economic Relations of the Commission of the European Communities the assurance of its highest consideration.


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