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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)

EU Decision 2006/1012 · Adopted 20 December 2006 · Extends to United Kingdom

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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:

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Attachment
  7. Attachment
  8. 1Division 1
  9. 2In 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:
  10. 3Division 3
  11. 4Division 4
  12. Schedule Appendix 1Schedule Appendix 1
  13. Schedule Appendix 2Schedule Appendix 2

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.

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.

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 countriesf1.

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.

Signature

Done at Brussels, 20 December 2006.

For the Council

The President

J. Korkeaoja

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,

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

For the European Community

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’).

2In 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:

  1. 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. 2.2.

    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.

  3. 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.

  4. 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.

Schedule Appendix 1

‘ANNEX II

T pieces: thousand of pieces’

BelarusCategoryunitQuota as from 1 January 2007
Group IA1tonnes1 585
2tonnes6 600
3tonnes242
Group IB4T pieces1 839
5T pieces1 105
6T pieces1 705
7T pieces1 377
8T pieces1 160
Group IIA9tonnes363
20tonnes329
22tonnes524
23tonnes255
39tonnes241
Group IIB12T pairs5 959
13T pieces2 651
15T pieces1 726
16T pieces186
21T pieces930
24T pieces844
26/27T pieces1 117
29T pieces468
73T pieces329
83tonnes184
Group IIIA33tonnes387
36tonnes1 309
37tonnes463
50tonnes207
Group IIIB67tonnes356
74T pieces377
90tonnes208
Group IV115tonnes114
117tonnes2 310
118tonnes471

Schedule Appendix 2

ANNEX TO PROTOCOL C

CategoryUnitAs from 1 January 2007
41 000 pieces5 399
51 000 pieces7 526
61 000 pieces10 037
71 000 pieces7 534
81 000 pieces2 565
121 000 pieces5 072
131 000 pieces795
151 000 pieces4 400
161 000 pieces896
211 000 pieces2 927
241 000 pieces754
26/271 000 pieces3 668
291 000 pieces1 487
731 000 pieces5 700
83Tonnes757
741 000 pieces994