28.12.2005   

EN

Official Journal of the European Union

L 345/21

COUNCIL DECISION

of 20 December 2005

on the signing and the provisional application of 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 Union and the Republic of Belarus on trade in textile products

(2005/948/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, paragraph 2, first sentence 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 a number of adjustments of the quantitative limits.

(2)

Subject to its possible conclusion at a later date, the Agreement should be signed on behalf of the Community.

(3)

This bilateral agreement should be applied on a provisional basis as of 1 January 2006, pending the completion of procedures required for its conclusion, subject to the reciprocal provisional application by the Republic of Belarus,

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 persons 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 Union and the Republic of Belarus on trade in textile products (the Agreement).

Article 2

The Agreement shall be applied on a provisional basis, pending its formal conclusion and subject to reciprocal provisional application of the Agreement by the Republic of Belarus, from 1 January 2006.

The text of the Agreement is annexed to this Decision.

Article 3

1.   If Belarus fails to fulfil its obligations under paragraph 2(4) of the Agreement, the quota for 2006 will be reduced to the levels applicable in 2005.

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 the day following that of its publication.

Done at Brussels, 20 December 2005.

For the Council

The President

M. BECKETT

(1)  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Regulation (EC) No 1478/2005 (OJ L 236, 13.9.2005, p. 3).

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 29 November 2004 (hereafter referred to as the Agreement).

2.   In view of the expiry of the Agreement on 31 December 2005 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), second and third sentences, of the Agreement shall be replaced by the following:

‘It shall be applicable until 31 December 2006.’

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 2006 to 31 December 2006 by Appendix 2 to this letter.

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2006 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 2005 as specified in the Exchange of Letters initialled on 29 November 2004.

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 2006 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 2006

Group IA

1

tonnes

1 585

2

tonnes

6 000

3

tonnes

242

Group IB

4

T pieces

1 672

5

T pieces

1 105

6

T pieces

1 550

7

T pieces

1 252

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

1 569

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

95

117

tonnes

2 100

118

tonnes

471

T pieces: thousand of pieces’

Appendix 2

‘ANNEX TO PROTOCOL C

Category

Unit

As from 1 January 2006

4

1 000 pieces

5 055

5

1 000 pieces

7 047

6

1 000 pieces

9 398

7

1 000 pieces

7 054

8

1 000 pieces

2 402

12

1 000 pieces

4 749

13

1 000 pieces

744

15

1 000 pieces

4 120

16

1 000 pieces

839

21

1 000 pieces

2 741

24

1 000 pieces

706

26/27

1 000 pieces

3 434

29

1 000 pieces

1 392

73

1 000 pieces

5 337

83

Tonnes

709

74

1 000 pieces

931’

Sir,

I have the honour to acknowledge receipt of your letter of … which reads as follows:

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 29 November 2004 (hereafter referred to as the Agreement).

2.   In view of the expiry of the Agreement on 31 December 2005 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), second and third sentences, of the Agreement shall be replaced by the following:

“It shall be applicable until 31 December 2006.”

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 2006 to 31 December 2006 by Appendix 2 to this letter.

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2006 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 2005 as specified in the Exchange of Letters initialled on 29 November 2004.

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 2006 on the condition of reciprocity.’

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