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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

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22003A1224(01)

 

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

 

Official Journal L 340 , 24/12/2003 P. 0055 - 0056 

 

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 ; Azerbaijan

 

Subject matter: External relations ; Commercial policy ; Textiles

Directory code: 11401000

EUROVOC descriptor: bilateral agreement ; EC trade agreement ;

textile product ; Azerbaijan

 

Legal basis:

102E133................... Adoption

102E300-P2L1FR1........... Adoption

Amendment to:

294A0517(03)...... Amendment..... Replacement ANN 1 from 01/01/2004

294A0517(03)...... Amendment..... Amendment ART 20.1 from 01/01/2004

294A0517(03)...... Extended validity till 31/12/2004

Subsequent related instruments:

Relation...... 303D0901..........

 

 

 

 

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

 

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 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, 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, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136

shall be 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 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 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, 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, 2, 3, 4, 5, 6, 7, 8, 12, 13, 20 and 136

shall be 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