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2006/1012/EC: Council Decision of 20 December 2006 on the signing and the provisional application of a bilateral agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the


Published: 2006-12-20

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29.12.2006   

EN

Official Journal of the European Union

L 384/98

COUNCIL DECISION

of 20 December 2006

on the signing and the provisional application of a bilateral agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

(2006/1012/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence of the first subparagraph thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

The Commission has negotiated on behalf of the Community a bilateral agreement to extend for one year the existing bilateral agreement and protocols on trade in textile products with the Republic of Belarus, with some adjustments of the quantitative limits.

(2)

This bilateral agreement should be applied on a provisional basis as of 1 January 2007, pending the completion of procedures required for its conclusion, subject to the reciprocal provisional application by the Republic of Belarus.

(3)

The proposed agreement should be signed on behalf of the Community,

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 person(s) empowered to sign on behalf of the European Community the agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products.

Article 2

Subject to reciprocity, the Agreement shall be applied on a provisional basis, pending its formal conclusion, from 1 January 2007.

The text of the agreement in the form of an Exchange of Letters is attached to this Decision.

Article 3

1.   If the Republic of Belarus fails to fulfil its obligations under paragraph 2.4 of the Agreement, the quota for 2007 will be reduced to the levels applicable in 2006.

2.   The decision to implement paragraph 1 shall be taken in accordance with the procedures referred to in Article 17 of Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1).

Article 4

This Decision shall be published in the Official Journal of the European Union.

It shall enter into force on the day following its publication in the Official Journal.

Done at Brussels, 20 December 2006.

For the Council

The President

J. KORKEAOJA

(1)  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 35/2006 (OJ L 7, 12.1.2006, p. 8).

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

Sir,

1.

I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 11 November 2005 (hereafter referred to as the ‘Agreement’).

2.

In view of the expiry of the Agreement on 31 December 2006 and in accordance with Article 19(1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1.

The text of Article 19(1) of the Agreement shall read as follows:

‘This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2007.’

2.2.

Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community is replaced by Appendix 1 to this letter.

2.3.

The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period of 1 January 2007 to 31 December 2007 by Appendix 2 to this letter.

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2007 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2006 as specified in the Exchange of Letters initialled on 11 November 2005.

3.

Should the Republic of Belarus become a Member of the World Trade Organisation (WTO) before the date of the expiry of the Agreement, the agreements and rules of the WTO shall be applied from the date of the Republic of Belarus' accession to the WTO.

4.

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 2007 on the condition of reciprocity.

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

For the European Community

Appendix 1

‘ANNEX II

Belarus

Category

unit

Quota as from 1 January 2007

Group IA

1

tonnes

1 585

2

tonnes

6 600

3

tonnes

242

Group IB

4

T pieces

1 839

5

T pieces

1 105

6

T pieces

1 705

7

T pieces

1 377

8

T pieces

1 160

Group IIA

9

tonnes

363

20

tonnes

329

22

tonnes

524

23

tonnes

255

39

tonnes

241

Group IIB

12

T pairs

5 959

13

T pieces

2 651

15

T pieces

1 726

16

T pieces

186

21

T pieces

930

24

T pieces

844

26/27

T pieces

1 117

29

T pieces

468

73

T pieces

329

83

tonnes

184

Group IIIA

33

tonnes

387

36

tonnes

1 309

37

tonnes

463

50

tonnes

207

Group IIIB

67

tonnes

356

74

T pieces

377

90

tonnes

208

Group IV

115

tonnes

114

117

tonnes

2 310

118

tonnes

471

T pieces: thousand of pieces’

Appendix 2

‘ANNEX TO PROTOCOL C

Category

Unit

As from 1 January 2007

4

1 000 pieces

5 399

5

1 000 pieces

7 526

6

1 000 pieces

10 037

7

1 000 pieces

7 534

8

1 000 pieces

2 565

12

1 000 pieces

5 072

13

1 000 pieces

795

15

1 000 pieces

4 400

16

1 000 pieces

896

21

1 000 pieces

2 927

24

1 000 pieces

754

26/27

1 000 pieces

3 668

29

1 000 pieces

1 487

73

1 000 pieces

5 700

83

Tonnes

757

74

1 000 pieces

994’

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 Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 11 November 2005 (hereafter referred to as the “Agreement”).

2.

In view of the expiry of the Agreement on 31 December 2006 and in accordance with Article 19(1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

2.1.

The text of Article 19(1) of the Agreement shall read as follows:

“This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2007.”

2.2.

Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community is replaced by Appendix 1 to this letter.

2.3.

The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus is replaced for the period of 1 January 2007 to 31 December 2007 by Appendix 2 to this letter.

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2007 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2006 as specified in the Exchange of Letters initialled on 11 November 2005.

3.

Should the Republic of Belarus become a Member of the World Trade Organisation (WTO) before the date of the expiry of the Agreement, the agreements and rules of the WTO shall be applied from the date of the Republic of Belarus' accession to the WTO.

4.

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 2007 on the condition 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 Belarus