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


Published: 0000-00-00

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22003A1224(02)
 
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
 
Official Journal L 340 , 24/12/2003 P. 0057 - 0058 
 
Dates:
of document:   17/12/2003
of effect:   00/00/0000; Entry into force See Pt 4
of effect:   01/01/2004; Provisional application See Pt 4
of signature:   00/00/0000
end of validity:   31/12/2004; See Pt 2.2
 
Author:
European Community ; Kazakhstan
 
Subject matter: External relations ; Commercial policy ; Textiles
Directory code: 11401000
EUROVOC descriptor: bilateral agreement ; EC trade agreement ;
textile product ; Kazakhstan
 
Legal basis:
102E133................... Adoption
102E300-P2L1FR1........... Adoption
Subsequent related instruments:
Relation...... 303D0901..........
 
 
 
 
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
 
A. 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, shall be replaced by Appendix 1 to this Letter.
2.2. The text of Article 20(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 shall be 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 Regulation (EEC) No 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 OJ L 357, 31.12.2002.
 
B. 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, shall be replaced by Appendix 1 to this Letter.
2.2. The text of Article 20(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 shall be 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