title: Recommendation for a COUNCIL REGULATION (EEC) concluding the Agreement between the European Economic Community and the Portuguese Republic regarding prepared or preserved tomatoes falling within subheading 20.02 C of the Common Customs Tariff (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 555
Vol. 1977/0181
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77)555 final.
                                                 Brussels , 9 November 1977
                         Recommendation for a
                       COUNCIL REGULATION (EEC )
 concluding the Agreement "between the European Economic Community
         and the Portuguese Republic regarding prepared or
        preserved tomatoes falling within subheading 20.02 C
                     of the Common Customs Tariff
           ( submitted to the Council by the Commission)
 COM(77 ) 555 final
 ---pagebreak---                      EXPOS Ip DES MOTIFS
       L' échange de lettres annexé au projet de règlement
a pour objectif de reconduire , pour 1978, le volume d' auto
limitation convenu avec la Portugal pour l' année en cours .
 ---pagebreak---                   COUNCIL REGULATION ( EEC )
                        concluding the Agreement
                between the European Economic Community
                       and the Portuguese Republic
               regarding prepared or preserved tomatoes
                   falling within subheading 20.02 C
                     of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing theiEuropean Economic
Community , and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
 ---pagebreak--- Whereas the Agreement in the form of en exchange of letters relating
to Article 5 of Protocol Ho 6 to the Agreement' between the European
Economic Community and the Portuguese Republic signed in Brusse
22 July 1972 should be concluded .      . »     '
HAS ADOPTED THIS REGULATIONS
                                  Article 1
      The Agreement in the form ofVn exchange of letters relating
 t0 Article } of Protocol No" 8 to the Agreement between the European
 Economic Community and the Portuguese Republic is hereby cone u
 on behalf of the Community .                       -
       The text of the Agreement is annexed to this Regulation.
                                   Articlé 2
       The President of the Council is hereby authorized to appoint
  the person empowered to sign the Agreement referred to in Article
  and to confer on him the powers necessary to bind the Community.
                                              *       *1
                                    Article 3
        This . Regulation shall enter into force on the day following
  that of its publication in the Official Journal of the Europea
   Communities .
 ---pagebreak---                                    - X -
     This Regulation shall be binding in its entirety and directly
applicable in all Member .States .            ' -
                                     Done art Brussels ,
                                               For the Council
                                                The President
                               (
 ---pagebreak---                 AGREEMENT
 IN THE FORM OF AN EXCHANGE OF LETTERS
RELATING TO ARTICLE 3 OF PROTOCOL  n° 8
           TO THE AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
      AND THE PORTUGUESE REPUBLIC
 ---pagebreak---                               - 5 -
                         LETTER n° 1
                                     Brussels ^
        I have the honour to refer to Article 3 of Protocol n° 8 to
the Agreement between the European Economic Community and the Portu
guese Republic signed on 22 July 1972 , and to the exchange of
 letters of 5 December 1975 .
        I have the honour to inform you that for 1978 the Community
is ready to renew the volume agreed for the preceding year . In
these circumstances the Portuguese Government undertakes to adopt the
necessary measures in order that the quantities of tomatoes that have
been prepared or preserved otherwise than by vinegar or acetic acid
falling within subheading 20.02 C of the Common Customs Tariff supplied
to the Community in 1978 do not exceed 90,000 tonnes .
        I should be grateful if you would kindly confirm the agreement
of your Government to the contents of this letter.
        Please accept ,                           , the assurance of my
                                                        4
highest consideration .
                                     On behalf of the Council
                                    of the European Communities
 ---pagebreak---                         LETTER n® 2
                                    Brussels ,
        I have the honour to acknowledge receipt of your letter of
today 's date worded as follows :
            "I have the honour to refer to Article 3 of Protocol n° 8
        to the Agreement between the 'European Economic Community and
                                                          V
        the Portuguese Republic signed on 22 July 1972 , and to
        the exchange of letters of 5 December 1975 .
            I have the honour to inform you that for 1978 the Community
        is ready to renew the volume agreed for the preceding year . In
        these circumstances the Portuguese Government undertakes to     /
        adopt the necessary measures in order that the quantities of
        tomatoes that have been prepared or preserved otherwise than by
        vinegar or acetic acid falling within subheading 20.02 C of the
        Common Customs Tariff supplied to the Community in 1978 do rot
        exceed 90,000 tonnes .
            I should be grateful if you would kindly confirm the agreement
        of your Government to the contents of this letter".    _
                                                                          s »
        I have the honour to confirm the agreement of my Government with
the contents of that letter .
        Please accept ,                          , the assurance of my
highest consideration .     -
                                     For the Government
                                of the Portuguese Republic


title: Recommendation for a COUNCIL REGULATION on the conclusion of the Agreement in the form of an exchange of letters concerning the application of paragraph 2 of the Joint Declaration on Protocol 1 and Articles 8, 9 and 10, annexed to the Interim Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade and trade co-operation (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 185
Vol. 1981/0072
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(81)185 final
                                                  Brussels , 14 April 1981
                                 ί η.·   V
                                          y; -i
                             V
                              *
                           Recommendation for a
                          v COUNCIL REGULATION
on the conclusion of the Agreement in the form of an exchange of letters
concerning the application of paragraph 2 of the Joint Declaration on
Protocol 1 and Articles 8, 9 and 10, annexed to the Interim Agreement
between the European Economic Community and the Socialist Federal
         Republic of Yugoslavia on trade and trade co-operation
              ( submitted to the Council by the Commission )
C0MC81 ) 185 final
 ---pagebreak---                        Commission Communication to the Council
on the negotiation of an Agreement in the form of an exchange of letters
                                                                 I
concerning the application of paragraph 2 of the Joint Declaration on
Protocol 1 And Artiolee 8 , 9       10 » annexed to the Interim Agreement
between the European Economic Community and the Socialist Federal Republic
of Yugoslavia on trade and trade cooperation.^
1.     The Community and the Socialist Federal Republic of Yugoslavia have
held the consultations required by paragraph 3 of the Joint Declaration on
Protocol 1 and Articles 8, 9 and 10 , annexed to the Interim Agreement
between the European Economic Community and the ''Socialist Federal Republic
of Yugoslavia on trade and trade cooperation.       An Agreement in the form .
of an exchange of letters Vas drafted at the consultations - held on
31 March 1981 .
       The Agreement is intended to establish that for certain particularly
sensitive products , which it defines , only the preferential arrangements *
laid down by the EEC/Yugoslavia Agreement will be applicable , so that a
choice between those arrangements and the generalised system of
preferences will not *be possible .     It also contains certain transitional
provisions for the introduction of those arrangements .
2 . ' The Commission recommends that the Council approve the results of the
consultation^, and adopt the Regulation on the conclusion of the Agreement
in the form of an exchange of letters .         '
3.     Coal and steel products will.be the subject of & separate procedure
before the ECSC Agreement enters into force.
   0J L 130 , 27 May I98O
 ---pagebreak---                        Recommendation for a Council Regulation
 on the oonclusion of the Agreement in the form of an exchange of letters
 concerning the application of paragraph 2 of the Joint Declaration on
Protocol 1 and Articles 8 , 9 and 10 , annexed to the Interim Agreement
"between the European Economio Community and the Socialist Federal
 Republic of Yugoslavia on trade and trade co-operation .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community,
 and in particular Article 113 thereof ,
 Having regard to the recommendation from the Commission ,
 Whereas paragraph 3 of the Joint Declaration on Protocol 1 and Articles
 8 , 9 and 10 , annexed to the Interim Agreement "between the European
Economic Community and the Socialist Federal Republic of Yugoslavia on
                             . 1
 trade and trade co-operation, requires that paragraph 2 of the Declaration
 apply from 1981 ;
 Whereas an agreement in the form of an exchange of letters should "be
 concluded to this end,
 HAS ADOPTED THIS REGULATION :
                                   Article 1
 The Agreement in the form of an exchange of letters concerning the
 application of paragraph 2 of the Joint Declaration on Protocol 1 and
 Articles 8, 9 and 10 , annexed to the Interim Agreement "between the
 1 OJ L 130, 27.5.1980, p. 1 .                                              ♦
 ---pagebreak--- European Economic Community and the Socialist Federal Republio of
Yugoslavia on trade and trade co-operation is hereby approved on "behalf
of the Community.
The text of the Agreement is annexed to this Regulation .
                                Article 2                   ^
The President of the Council is hereby authorised to designate the person
empowered to sign the Agreement in order to bind the Community.
                                 Article 3
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
                    This Regulation shall he "binding in
                    its entirety and directly applicable
      >  .  -       iri all Member States .
Done at Brussels ,
                                            For the Council
                                            The Preéident
 ---pagebreak---         COMMISSION
          OF THE
 EUROPEAN COMMUNITIES
                              Exchange of letters
              concerning the application of paragraph 2 of the
             Joint Declaration on Protocol 1 and Articles 8 ,
             9 and 10 , annexed to the Interim Agreement "between
             the European Economic Community and the Socialist
             Federal Republic of Yugoslavia on trade and trade
             co-operation
Madam ,
      On 31 March 1981 the Community and Yugoslavia held the consultations
provided for in paragraph 3 of the Joint Declaration on Protocol 1 and
Articles 8 , 9 and 10 , annexed to the Interim Agreement "between the
European Economic Community and the Socialist Federal Republic of
Yugoslavia on trade and trade co-operation .    Agreement was reached on
the following :
1.   As from 1 April 1981 , for                    '
     – products subject, in compliance with the provisions of the Agreement
         to a Community quota or to a Community tariff ceiling or to a
         progressive reduction of customs duties ;
     – textile products ;
     – the other industrial products , listed at any given time in Annex A
         to the Regulation on the application of the generalised tariff
         preferences to developing countries ,
the movement certificate EUR.1 provided for in Protocol 2 to the Agreement
is the only documentary evidenoe acceptable for the granting of tariff
preference .
2.   Products which
     – before 1 April I98I could be exported either under a certificate
        EUR.l or under a certificate Form A, and for which a certificate
        Form A was in fact selected , and ,
 ---pagebreak---         – were on that date in transit or were in provisional storage, in
      -   a "bonded, warehouse or in a free zone in the Community or in
          Yugoslavia,
may "be 'allowed to benefit from the provisions of the Agreement if they
originate in Yugoslavia within the meaning of Protocol 2 to the Agreement ,
                              >
and provided that within a period of four months following 1 April 1961
a certificate EUR.1 issued retrospectively "by the competent authorities
of Yugoslavia is produced to the customs authorities in the Community .
        The transitional arrangements described in this paragraph will apply
                          r
mutatis mutandis to any product which may m future "be put in a similar
situation "by a change either in the system of generalized tariff
preferences or in the Agreement.
3.      The arrangements described in paragraph 1 and the provisions contained
in paragraph 2 will apply under both the Interim Agreement and the Co-operation
Agreement when it enters into force .
        I should be obliged if you would acknowledge receipt of this letter
and confirm your authorities * agreement with its contents .
    / Please accept , Madam , the asurance of my highest consideration.
                                          Head of the Delegation
                                          of the European Economic Community
 ---pagebreak--- Delegation of the Socialist Federal
     Republic of Yugoslavia
                             Exehwige of letters
             concerning the application of paragraph 2 of the
             Joint Declaration on Protocol 1 and Articles 8 ,
             9 and 10 , annexed to the Interim Agreement "between
             the European Economic Community and the Socialist
             Federal Republic of Yugoslavia on trade and trade
             co-operation
                                                 «V
                       (
Sir,
     In your letter of today, you made the following communication :
      "On 31 March 1981 the Community and Yugoslavia held the consultations
provided for in paragraph 3 of the Joint Declaration on Protocol 1 and
Articles 8 , 9 and 10 , annexed to the Interim Agreement "between the
European Economic Community and the Socialist Federal Republic of
Yugoslavia on trade and trade co-operation .   Agreement * was reached on
the following :
1.   As from 1 April 1981 , for
     – products subject , in compliance with the provisions of the Agreement
        to a Community quota or to a Community tariff ceiling or to a
        progressive reduction of customs duties ;
     – textile products ;
     – the other industrial products , listed at any, given time in Annex A
        to the Regulation on the application of the generalised tariff
        preferences to developing countries ,
              *
the movement certificate EUR.l provided for in Protocol 2 to the Agreement
is the only documentary evidence acceptable for the granting of tariff
preference .      •
2.   Products which
     - before 1 April 1981 could be exported either under a certificate
        EUR«1 or under a certificate Form A , and for which a certificate
        Form A was in fact selected , and,
 ---pagebreak---       – were on that date in-transit or were in provisional storage , in
                            ι                 ν
        a "bonded, warehouse or in a free sons in the Community or in
        Yugoslavia,
may "be allowed to "benefit from the provisions of the Agreement if they
originate in Yugoslavia within the meaning of Protocol 2 to the Agreement ,
and provided that' within a period of four months following 1 April 1981 "
a certificate EUR.1 issued retrospectively "by the competent authorities
of Yugoslavia is produced to the customs authorities in the , Community .
      The transitional arrangements described in this paragraph will apply
mutatis mutandis to any product which may in future "be put in a similar
situation "by a change either in the system of generalized tariff ■
preferences or in the Agreement .-
3.    The arrangements described in paragraph 1 and the provisions contained
in paragraph 2 will apply under "both the Interim Agreement and the Co-operation
Agreement when it enters into force .
                                       •                ' >
      I should "be obliged if you would acknowledge receipt of this letter
and confirm your authorities * agreement with its contents ."
      I have the honour to iacknowl edge receipt of your letter and confirm
my Delegation 's agreement with its contents .
      Please accept , Sir , the assurance of my highest consideration .
                                         Head of the , Delegation of
                                         the Socialist Federal Republic
                                         of Yugoslavia.


title: RECOMMENDATION FOR A REGULATION OF THE COUNCIL concluding an Agreement between the European Economic Community and Malaysia on Trade in Textiles (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 71
Vol. 1976/0028
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---                                             /
                                           /
                                            \
COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(76)71 final.
                                                  Brussels . 11 March 1976 *
             RECOMMENDATION FOR A REGULATION OP THE COUNCIL
               concluding an Agreement between the European
          Economic Community and Malaysia on Trade in Textiles
             ( submitted to the Council by the Commission)
                                     I
COK(76 ) 71 final .
 ---pagebreak---                        EXPLANATORY MEMORANDUM
1 . By a decision of 16 June 1975 » "th® Council authorised the Commission
to open negotiations with Malaysia for the conclusion of an Agreement
on Trade in Textiles .                                '
2.   In accordance with the above Council Decision and in consultation with
the Article 113 Committee , the Commission conducted negotiations with
Malaysia on 16 to 20 October 1975 *
Following these negotiations a draft agreement was drawn up .    The draft
makes provision for :
- voluntary restraint , at agreed levels , on exports to the Community of
    certain categories of textile products and articles of clothing intended
    for consumption within the Community }
    the adoption of a surveillance and consultation procedure applicable
    to certain categories of product® and permitting , inter alia , the
     establishment on agreed terms of voluntary restraint measures for
    the products in question ;
 - the corresponding undertaking by the Community to suspend the
     quantitative limitations at present in force and not to invoke
     the safeguard provisions of the Multifibre Arrangement for the
     categories of products covered by the agreement so long as the
     agreed ceilings are observed *
 The heads of the delegations found the draft Agreement to be in accord-
 dance with the results of the negotiations and initialled the text on
 23 October 1975 «
      The Commission considers that this draft agreement constitutes
 a result that is acceptable to the Community * It proposes that the
 Council conclude this Agreement by adopting the draft regulation annexed
 hereto .
 ---pagebreak---                           m £, m
4.    In order to ensure the achievement of the objectives of the
Agreement and to prevent , in particular , the risk of extraordinary
exports before its entry into force , the Community proposed to
Malaysia , after the conclusion of negotiations , that provisions of
the Agreement be applied autonomously from 1 October 1975 in anticipa
tion of its entry into force *
      The measures necessary for the application by the Community of
the provisions of the Agreement are the subject of a separate proposal
for a Regulation , of which the Commission has already seized the
Council *
 ---pagebreak---               RECOMMENDATION FOR A REGULATION OF THE COUNCIL
         concluding an Agreement between the European Economic
         Community and Malaysia on Trade in Textiles
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                       \j
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Article 113 thereof 4
  Having regard to the recommendation from the Commission ,
  Whereas the Agreement on Trade in Textiles negotiated between the European
  Economic Community and Malaysia should be concluded ;
  Whereas the import arrangements for (Certain textile products originating
♦ in Malaysia set up by Council Regulation (EEC ) No t
            '-permit the application of the provisions of this Agreement ,
  HAS ADOPTED THIS REGULATION I
                                  Article 1
  The Agreement between the European Economic Community and Malaysia
  on Trade in Textiles , the text of which is given in the Annex , is
  hereby concluded on behalf of the Community .
                                  Article 2
  The President of the Council shall notify the other Contracting Party
  of the completion      j by the Community of the procedures required for
  the entry into force of the Agreement .
                                  Article 3
  This Regulation shall enter into force on the third day following its
  publication in the Official Journal of the European Communities#
   Done at Brussels ,                                  For the Council ,
                                                       The President
 ---pagebreak---             COMMISSION
                  DES                                                              Brussels         |# ,„ 2.3.. October . 19.7.5.
COMMUNAUTES EUROPEENNES
     DIRECTORATE GENERAL FOR
     EXTERNAL RELATIONS
                     ï D
                      Dear Mr. De Bruyne .
                                  At the time of initialling the text for a bilateral textiles
                       Agreement between the EEC and Malaysia , I would draw your attention
                       to the provisions of its Article 5 and the request made by the Com
                      munity in the course of negotiations for the establishment of a
                      quantitative limit on the following product :
                                    T-shirts (ex tariff heading 60*04) for France .
                                  Consultations on this request were not undertaken in the
                       course of the negotiations . Accordingly I must reserve the right
                       of the Community to revert to this request at a very early date *
                                                                              Yours faithfully .
                                                                                B. Meynell
 Mr. V. De Bruyne
 Deputy Secretary General
 Ministry of Trade and Industry
 Malaysia
  Adresse provi soir*: 23-27, avenue de le Joyeuse Entrée, Bruxelles 4 - Téléphone 35.00.40-35.01.40 • Adresse télégraphique :
                                      « COMEUR BruxelU *» - Télen : «COMEURBRU       21.B77 .
 ---pagebreak---                                      Geneva . 23 October 1975
                       Agreed Minute
     We have today reviewed the text annexed hereto of the pro
visions which , upon formal conclusion , will constitute the bila
teral Agreement between Malaysia and the EEC , negotiated under
the provisions of Article k of the Arrangement regarding Inter
national Trade in Textiles * We have found this text to be in con
formity with the results reached in our negotiations *
 ---pagebreak---                DRAFT
          AGREEMENT
              BETWEEN
           MALAYSIA
              AND    THE
EUROPEAN     ECONOMIC         COMMUNITY
χ .
         ON TRADE IN TEXTILES
 ---pagebreak---                            PREAMBLE
The Council of the European Communities
                               of the one part ,
The Government of Malaysia
                               of the other part ,
Desiring to ensure the orderly and equitable development of trade
in textiles between the European Economic Community , hereinafter
called " t.he Community " and Malaysia ,
Having regard to the provisions of the Arrangement regarding
International Trade in Textiles (hereinafter referred to as
the Geneva Arrangement ) and especially its Article
Have decided , in a spirit of mutual co-operation and in conformity
with^th® said Geneva Arrangement j to conclude this Agreement and to
this end have designated as their Plenipotentiaries i
THE COUNCIL OF THE EUROPEAN COMMUNITIES
THE GOVERNMENT OF MALAYSIA
Who have agreed as follows s
 ---pagebreak---    1«     The Parties recognise and confirm that , subject to tho provisions
 »               '                                     »
  of this Agreement and without prejudice to their rights and obligations
  under the General Agreement on Tariffs and Trade , the conduct of their
  mutual trade in textiles shall be governed by the provisions of th <*
  Geneva Arrangement *     i(U  .  '                          k"
   2.     This Agreement shall apply to trada in those cate^on***®
   of textiles products , originating in and despatched from Malaysia
   and set out in Annexes I and II hereto .
   3.     Malaysia agree3 to establish quantitative limits on exp^r'-s of
   woven shirts to the Community in accordance with the schedule est out
   in Annex I hereto . Quantities of the quota shares set out in Ann ?>; I not
   taken up by a member Ctate of the Community nay le reallocated to mother
   Member State within th «> limits decided by the Conraunity in accordance with
   the procedures in foroe in the Comnrnnir.v « The Community undertakes t^
                                                                 *
   respond within ^ weeks of its receipt to any request made by /playsia for
   such re-allocation . It is understood t' > t any re~allocation so effected
   would not need to be comprised within any limits set in flexibility pro
    visions established under Article 7 hereof®
-
 ---pagebreak---                             Article 2
           The Community undertakes > in respect of the categories of
      textiles products to which this Agreement applies , rmd subject to
      the satisfactory operation of this Agreement , not to introduce
      new quantitative restrictions , to suspend the npplication of any at
      present in force and to refrain from invoking the provisions of
      Article 3 of the Geneva Arrangement provided that exports to the
      Community of such texti 1^.? products originating in and 5espn.tched
      from Malaysia do not exceed the quantitative limits established
      under the provisions of this Agreement .
I' ri                                                               t
 ---pagebreak---                                         I
                           Article 3
                                                  >
    '•      Imports into the Community of those textiles products to
   which this Agreement applies which are for immediate re-export or
   for inward processing and subsequent re-export outside the Community
   shall not be subject to quantitative limits established under this
  Agreement , provided they are entered as such under an administrative
   system of control in force for this purpose within the Community *
  2.      In any case where Community authorities ascertain that imports
  described in paragraph 1 above have been retained for consumption within
  the Community , the latter will notify the Government of Malaysia on a
  quarterly basis of the amounts involved * Malaysia shall in such cases
  and at the request of the Community charge such amounts against the
  quantitative limit or limits in question for the current Agreement
  year or for the next following Agreement year .
                                '                                   •
  3*      In any case where the competent authorities within the Community
  ascertain under an administrative system of control in force that
  imports of textiles products to which this Agreement applies have
  been charged against quantitative limits established under this
  Agreement but subsequently re-exported outside the Community , the
  competent authority concerned will inform the Malaysian authorities
  of the quantities involved and authorise imports of the same quantities
  which shall not be charged to the quantitative limits u?)Jer the Agreement
r
                                                                  ψ   «
 ---pagebreak---                                    Article h
"•          The following Malaysian textiles products shall , subject to
the conditions indicated hereafter , be admitted into the Community
without quantitative limit :
           (i)    cotton handloom fabrics of cottage industry ,
                  containing not more than 5 # by weight of man-made
                  fibres , being fabrics which are both traditionally of the
                  kind woven and handlooms and actually woven on a loom for
                  which the motive power is provided entirely by the operators
                  ( that is where the three primary movements of weaving , ftamely
                  shedding , picking and beating , are induced by hand or foot
                  and no other source of power is used ) ;
         ( ii )   goods made up by the cottage industry from 6uch cotton
                  handloom fabrics ;
       ( iii ) traditional Malaysian folklore handicraft textiles products ,
          h CJ[ including theoe oomwonly aaiepfrcd eo handicraft batik
                ^        .  ( a)
                  products       , cut } sewn Of otherwise fnbricaled by hand in
                   cottages which r.re units of the cottage industry#
2.          Admission into the Community of these products without quanti
tative limit shall be subject to the satisfactory operation of agreed
arrangements for certification .
 ( a ) Handicraft batik is produced by a traditional batik process by
       which colours and shades are introduced to a bleached or white
       fabric . The process is carried out manually in three stages namely :
       ( a ) waxing ( application of wax by hand to the fabric )
       ( b ) dyeing/painting ( application of colour either by the tradi
              tional cottage method of dyeing or by hand painting )
       ( c ) de-waxing ( boiling the fabric to remove the wax )
       The three stages of the process are repeated on the fabric for
       each of the colours or shades in the resulting design *
 ---pagebreak---                              Article 5
   1.     Both Parties agree to enter promptly into consultations with
  each other , at the request of either and in conformity with the
  provisions of the Geneva Arrangement, on any matter concerning their
  trade in textiles and in particular on any problems arising from the
  application of this Agreement • Consultations held under the provisions
  of this Article shfll be npproached by both Parties in a spirit of
  (Sowpromise and with a view to the conciliation of differences existing
  between them .
  2.      The Community may t in particular , whenever conditions in its
  market give rise to real risks of market disruption , request . consultations
  with Malaysia in accordance with the procedures set out in paragraph 5
  below with regard to the products    set out in Annex II hereto .
  3-      If , in the opinion of the Community , importr. into the Community ,,
  of textiles products of fibres other than cotton in direct competition
  with those to which this Agreement applies cause real risks of market
  disruption , the Community may request consultations with Malaysia under
  identical conditions to those specified in paragraph 5        this Article .
          If an excessive concentration of trade in any specific product
  within the categories listed in Annexes I and II hereto causes a real
  riak of market disruption in respect of that product , the Community
  may request consultations with Malaysia under identical conditions to
  those specified in paragraph 5 of this Article#
(
 ---pagebreak---                                  Aj»tiel® 5
  5 « In those cases defined in paragraph 2 , 3 and k of thie Article ,
  Malaysia shall limit , in accordance with the Community 's request ,
  exports of the products or categories of products in question , destined
  for the Community market or for its market in one or more of its Member
  States , pending a mutually satisfactory conclusion to the aaid consulta
  tions , at a level indicated by the Community which * at an annual rati ,
  shall not be lower than 106 % of the imports recorded for the said pro
  duct or category thereof during the '12 eionths ending 3 months before
  that ia which th® request for consultation was made#
  6 . Consultations shall be held at the request of Halaysia in order to
  review the need for the -maintenance or modification , or remove ! of any
  quantitative limit established under this Article , whenever market condi
  tions which led to the establishment of such quantitative limit no longer
  prevail®
  ?. Any request for consultations under this Agreement ©hall be accom
  panied by a factual statement of the reasfma and justifications for its
  request .
  8o Both Parties , unless agreed otherwise , will consult tie soon as possi
  ble within 30 days of the request for such consultations , and will moke
  their best efforts to complete such consultations within 30 days of their
                                                                         «
  couiBiencemesit .
  9 « The procedure referred to in paragraph 3 abova will only be
  resorted to sparingly and will be implemented in a wanner consistent
• with the principles and objectives of the Geneva Arrangement#
  10 . ; If the two Parties ar® unable to reach etaisfactory solution within
  a reasonable period of time to problems which have been tfce subject of
  consultations under the Agreement , either Party may , after notification
  to th® other Party , refer such problems to the Textiles Surveillance
  Body in accordance with Article 11 of the Geneva Arrangement .
  (■                     '     '                                    fttu
                                                                       *   •
  /
 ---pagebreak---                           Article 6
      If , having regard to the provisions of the Geneva Arrangement , either
Party considers that it ie being placed in an inequitable position in
respect of trade in textiles as compared with a third country , that Party
may request consultations with the other with a viev.» to seeking equitable
 solutions * Such consultations shall be held and concluded promptly . The
Parties will take such appropriate remedial measures as may be mutually
acceptable and consistent vrith their international rights and obliga
tions , including any necessary reasonable modification to this Agreement .
,(                                                                 r   »
 ---pagebreak---                            Article 7
   1.     Portions of any quantitative limit established under this
  Agreement which are not used during any Agreement year nay be carried
  over and added to the corresponding quantitative limit in the following
  Agreement year , within a limit of 10 % of the latter .
  2.      Within a limit of 10 % of each of the quantitative limi':s
 established under this Agreement , ndvance deliveries sh-ill he authorised
 from the corresponding quantitative limit established for the following
 Agreement year . Amounts delivered in advance shall be deducted from the
 quantitative limits for the products in question for the following
 Agreement year .
        Within any one Agreement year , unused portions of quantitative
 limits established under this Agreement in respect of any rofion of
  the Community market may be transferred to -another quantitative limit
  established for that same region of the Community market within a
  ceiling of 7 % of the recipient quantitative limit •                .•
         The preceding flexibility provisions shall not , in any given
Agreement year, result in a quantitative limit for nny category being
exceeded by more that 15 % of the quantitative limit for that category
for that Agreement year .
5.      The flexibility provisions contained in this Article nay only
be applied by Malaysia following written notification to the Community
by the Malaysian authorities .
 /
 ---pagebreak---                                Article 6
          Malaysia shall endeavour to ensure that exDorts of all textiles
     products for which quantitative limits may be established under this
     Agreement are spaced out as evenly as possible over each of the
     Agreement years , due account being token , in particular , of seasonal
     factors .                                                       v*
f. (I
 ---pagebreak---                         Article 9
                                                 )
     The two Partien agree to cxchnnge fill useful inf ormr.tion
concerning their mutufii t,r.irte in textiles in order to ensure
ths successful implementation of this Agreement .
J                                                        uru-^ .
 ---pagebreak---                            Article 10
1.       The Parlies apree thnt tho quantitative limits errtebi iiihed
unifer this Agreement .-halL be managed unrljr a system of dci:bl <.
'••ontrol , the details of which are < et out in Annex Ilfto f hin
Agreement .
2.       Malaysia therefore agrees to furnish the Community with precise
statistical information , or o quarterly basis , of all export
authorisations issued by the Mrlaysian authorities for all CP t'jgories
of textile exports to the Community to which this Agreement .applies .
3*       The Community will likewise forward to the Malaysian authorities
on a quarterly basis , precise statistical information of imports of
rch products into the Community.
 ---pagebreak---                                 Article 11
     1.     Both Parties shall take all possible measures to ensure that
     traditional channels and methods of trade between the Community and
    Malaysia ere maintained .
    2*      Should either party inform the other that the application of
     this Agreement has given rise to difficulties regarding the main
    tenance of existing commercial relations between importers in the
    Community and their suppliers in Malny:;in f the Parties agree to
    consult • together in nccordanc^?. jwi th tne procedures set out in
    Article 5 ( 1 ) above .                                      '
». d
                                                                    0
 ---pagebreak---           I
                        Artlole 1 Z
                                                >
     This Agreement shall » pply to the territories where the Treaty
establishing the European Economic Community applies , on the
conditions established in the said Treaty , and to the territories
to which the Constitution of Malaysia applies *
 ---pagebreak---                                Article 13
   1*      This Agreement shall enter into force on the first day of the
   month following the date on which the Contracting Paitiee have notified
   each other cf the completion of the procedures necessary for the purpose*
   It shall remain in force until 31 December 1977 *
   2*      This Agreement shall enter into force , in the manner defined
   in paragraph 1 of this Article , with effect from 1 November 1975 *
   3.   - Either Party nay at any time propose modifications to this
   Agreement or denounoe it provided that notice is given at least 120
   days before the expiry of any twelve-month period; in the latter event
   the Agreement will come to an end at the expiry of the said twelve-fflonth
   period*
   4.      Annexes and Protocols to this Agreement shall form an integral
  part thereof .
   /                                                               •         .
ta           •                                     ■                  •
  s
 ---pagebreak---                           Article 1H
    This Agreement shall be drawn up in two copies in the German ,
French , Italian , Dutch , Danish and English languages and Bahasa
Malaysia , each of these texts being equally authentic *
                                                             «
 ---pagebreak---                                        AHNEX I
              Product  for which Malaysia will exercise restraint towards
           the whole Comnunity from the entry into force of this Agreement
         The Comnunity hereby notifies Malaysia that the quantitative limits
         for the textile product listed below will be allocated between the
         Member States as follows t
        Product category            Member
                                            I
                                                  Quantitative limits (1000 pieces )
                                    State
                                                ' 1.11 . 1975 to          1977
                                              . 31tl2«1976
        ex 61.03                     FPG            1 675                1 53 ^
                                     F              1 783                1 536
       Men 's and boys' under       I                   ^9                 63
       garments :                    BNL               117                 142
       - shirts                      UK                117                 150
                                      Irl                 k                   k
                                      DK               583                 503
                                     EEC            k 328              "3 932
 ( 1 ) It is understood by both Parties that the Community will raise no objection
       to the quota share' fol* the Federal Republic of Germany being exceeded by
       up to 100 % of that quota share during each quota period established by
. /'this Agreements               ^                            k>
    Λ
  \
 ---pagebreak---                             ANNEX II
         Products subject to special consultation procedures
                    under the provisions of Article 5
CCT Heading No .                       Products
   55*09                  Other woven fabrics of cotton
   56.07 A                Woven fabrics of synthetic textile fibres
                          ( discontinuous )
ex 60.Cf                  Undergarments , knitted or crocheted , not
                          elastic or rubberised :
                          - Shirts , T-shirts and the like
ex 60*05                  Outergarments and other articles , knitted
                          or crocheted , not elastic or rubberised :
                          - Jerseys , pull-overs , elip-overs , twinsete ,
                             cardigans , bed-jackets and jumpei'B
ex 6l*01                  Men 's , boys' , women 's , girls' and infants'
                          outergarments ( other than knitted or crocheted) i
                          - Trousers , jeans , breeches and the like
ex 61.01                  Men 's , boys' , women 's , girls' and infants 4
ex 61.02                  outergarments ( other than knitted or crocheted )
                          other than trousers , jeans , breeches and the
                          like
ex 61.03                  Men 's and boys' undergarments :
                          - other than shirts
   61.05.30               Handkerchiefs of cotton
                                                               *   •
 ---pagebreak---                                    ANNEX III
     As agreed between the Parties in Article 10 of the Agreement , the
     administration of textiles imports from Malaysia will be base'! om a
     system of double checking. ^The details of this system have been
     agreed between the Parties and are set out below.
                                                    φ
     The competent authorities within the Community will , automatically
     and without delay, accept imports of textile products on submission
     of the importer* 3 application together with the original export licence .
     The competent authorities within the Community shall bo entitled to
     require the presentation of an export licence in respect of goods origi
      nating in Malaysia of the category shown in Annex I and (in any
     ease where the provisions of Article 5 have been invoked) of Annex II.
     These export licences will be issued by the Malaysian authorities up to the
     total amount of the agreed ceilings.
     The export licences iscued by the Malaysian authorities shall be applicable
     to the products subject to restraint under the Agreement .
     The export licence must specify J
      1 * destination
      2 * aerial number
      5. importer 's name and address
      4. exporter 's name and address
      5. quantity in the unita as designated in the Agreement and , where the
           quantity is expressed other than in weight , the equivalent weight calcu
           lated in accordance with the table of equivalencies set out in Annex iv .
                                                                               è
      6. category and description of product
      7. certificate issued by the Halaysian authorities showing that the quantity
          has been debited against the agreed ceiling for exports to the Community or,
          where appropriate, is for immediate reexport or for inward-processing and
           subsequent re-export outside the Community.
      The competent authorities within the Community will not raise difficulties
      in the event of a discrepancy between the weight indicated in the export
      licence and the shipment or Import weight provided it is within reasonable li.it*
       while the Malaysian authorities , for their part , will endeavour
      to keep any discrepancies to a minimum.                              fk\As^
I'. ,:(
 ---pagebreak---                        ANNEX III cont 'd
 In the event of total- or partial withdrawal of an export licence , the
 Malaysian authorities will notify the competent authorities within the
 Community of such total or partial withdrawal * The authorities of the
 Member States of the Community will take the appropriate measures in
 accordance with their existing administrative provisions .
 The Malaysian authorities will forward to the competent authorities
 within the Community , via the Embassies of the Member States of the
 Community and directly to the Commission , quarterly returns showing the
 details referred to in ( 1 ), ( 5 ) and ( 6 ) above covered by the export
 licences issued against the quantitative limits for exports the Commu
 nity , as well as the allocation of thess export, licences nmongst the
 member States of the Community , for all categories of textiles exports
 to the Community subject to quantitative limits under this Agreement .
Ld
 ---pagebreak---                                    ANNilX IV
                       Table of équivalences a/treod for the
             purpose of the application of the " flexibility provision s
             of this Acreernpnt ( including its Annexes and Protocols )
 BTN Heading                 Description                       Ratio of I/crnival enco
 ex 60.05             Jerseys , pull-overs , slip-ovErs ,         5.13 pieces/Kg.
                      twmsets , cardigans , bed- jackets
                      and jumpers , knitted cr crocheted
 ex 61.01 )           Mens *, boys' , women 's , girls' and       ?.,\7 pieces/kg.
 ex 61.02 |           infants' trousers , jeans , breeches
                      and the like
 ex 61.03             Mens' and boys * shirts                     4*. 60 pieces/kg.
iJ
 ---pagebreak---                        ANNEX  V
                CONVERSION FACTORS '
       In the course of negotiating the Agreement , it was noted
that restrictions previously in force in one member State had been
expressed in square yards , whereas under the Agreement metric weight
units are used for the Community as a* whole . It was further noted
that in order to arrive at base levels for quantitative limits in
the new Agreement the relationship between square yards and metric
tons had been directly derived from customs statistics relating to
imports of the' products in question from Malaysia*
       The Malaysian delegation expressed concern lest , nevertheless
the effect of this change might prove to be restrictive in terms of
the trade opportunities provided . For the avoidance of doubt , it was
confirmed on behalf of the Community that the change of unit of
measurement was in no way intended to have this effect .
       It was further agreed that for a transitional period of two
years (1975 and 1976) the Customs authorities of the Member State
concerned ( the United Kingdom) would maintain a running check on
both the tonnage and square yardage of imports from Malaysia and
that if during this transitional period the square yard equivalent
of the quantitative limits expressed in tons was not reached ,
additional imports would be accepted to a level not exceeding      ,
the square yard equivalent derived as indicated above .
In case a new ratio emerges by the end of 1976 , the quantitative
limit for 1977 expressed in tons , will be fixed'on the basis of new
ratio and appropriate growth factor .                  *
 ---pagebreak---                                                        PROTOCOL
1 . In conformity with Article 5 (5) of the Agreement on trade in textile products between the
Community ar.d Malaysia, consultations have boon held between tho Parties roSardinE ixports fro Malaysia into
the Community of the textile products listed belo>w
2.      As agreed in tho consultations pensioned above , Malaysia shall liait exports of the products listed below
to the rerions of the Cor^unity narket and to the quantitative limits indicated.
                                 Products covered               Cor.aunity              Quantitative limits
OCT Heading »<>•
                                                                region to       1.11.1975
                                                                which res                                     1977
                                                                              31.12.1976
                                                                triction is
                                                                anplied
                    ( Other woven fabrics of cotton                           466 tonnes of which     424 tonnes of
     55.09                                                                     not more than 140      which not more thai
     56.07 A        £ Woven fabrics of synthetic textile                      tonnes for fabrics       127 tonnes for
                    ^ fibres (discontinuous)                                  other than. grey or
                                                                              bleached
                                                                                fabrics other tham
                                                                                grey or bleached
                                                                      UK       1341 tonnes of which    1219 tonnes of
                                                                               not more than 875      which not more
                                                                               tonnes for either ca  than 795 tonnes
                                                                              tegory 55-09 or 5-S.07A for either category
                                                                               and of which not .     and of which not
                                                                               more than 263          more than 239
                                                                               tonnes for fabric      tonnes for fabric
                                                                               other than grey         other than grey
                                                                               or bleached in eit     or bleached in eit
                                                                               her category            her category
                       Out crjj&nnoiit s end other £xrt2.cl©Sj        BNL       233 333 pieces         212 000 pieces
   ex 60 . C5
                       knitted or crocheted , not clastic
                       or rubberised :                               • F ■      583 333 pieces          530 000 pieces
                       _ ^ crr-eys , pull-overs , slip–overs ,
                          tvir.sets , cardigans , b'/ d-jackets
                          and jumpers
 ---pagebreak---                                                 PROTOCOL cont ' d
                          Products covered                 Community           Quantitative limits
CCT Heading No ,
                                                           region to    1.11.1975
                                                           vhich res                               1977
                                                                       31.12.1976
                                                           triction
                                                           is axjplied
                 Men 's , boys' , women 's , girls'               BNL  740 833  pairs           673 10o  pairs
ex 61.01
ex 61.02         and infants' outergarnents                        F   583 333  pairs           530 000 pairs
                 ( other than knitted or cro
                 cheted ) :
                 – trousers , Jeans , breeches and
                    the like