title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in textile products consequent on the accession of the Hellenic Republic to the Community (submitted to the Council by the Commission)

text:
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COM (81) 685
Vol. 1981/0201
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 ---pagebreak---                                                                      COM(81 ) 685 final
      COMMISSION                                                     Brussels , 24 November 1981
        OF THE
EUROPEAN COMMUNITIES                                                 FOR OFFICIA L USE ONLY
    Genero ! Secretoria *
                                           Recommendation for a
                                         COUNCIL REGULATION ( EEC ).
                          on the conclusion of the Additional Protocol to the
                       Agreement between the European Economic Community and
                          the Eastern Republic of Uruguay on trade in textile
                              products consequent on the accession of the
                                   Hellenic Republic to the Community
                              ( submitted to the Council by the Commission )
           COM ( 81 ) 685 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1 . Under the Act of Accession of Greece to the European Communities
    ( Article 123 ), it was agreed that the Community would negotiate
    protocols of adaptation to the bilateral agreements on trade in
    textile products between the Community and third countries .
2 . By Decision of 1 August 1980 the Council authorised the Commission to
    open negotiations with Uruguay to conclude an agreement on such
    adaptation .
3 . In accordance with that Council Decision and in consultation with the
    Article 113 Committee , the Commission conducted negotiations with Uruguay
    from 22 September to 22 December 1980 .
    Following the negotiations , a draft Protocol was drawn up extending the
    terms of the original bilateral agreement to trade between Uruguay and
    the enlarged Community , thus ( inter alia )
    - extending the existing consultation procedures whereby new voluntary
       restraint measures may be introduced for categories of products not
       at present subject to limitation , where certain thresholds are exceeded ,
       in respect of both the whole Community and Greece .
    The heads of Delegation initialled the text of the draft Protocol on
    22 December 1980 having noted it correctly represented the results of
    the negotiations .
A. The Protocol has already been implemented by Council Regulation ( EEC )
    No 3553/ 80 of 22 December 1980 ( 1 ) amending the existing regime established
    by Regulation ( EEC ) No 3059/ 78 of 21 December 1978 ( 2 ).
 ---pagebreak--- 5 . The Commission considers that the draft Protocol embodies an arrangement
     which is acceptable to the Community . It therefore recommends that the
     Council :
       Ci ) approve the Protocol by adopting the Regulation , the draft of
            which is annexed hereto ;
     ( ii ) pending approval of the Protocol take the necessary decisions
            in connection with the signing thereof .
( 1 ) O.J. No L 381 of 31.12.1980 , p. 1
( 2 ) O.J. No L 365 of 27.12.1978 , p. 1
 ---pagebreak---                                         Official Journal of the European Communities                                 No L
                                            (Acts whose publication it obligatory)
                                       COUNCIL REGULATION ( EEC)
                 on the conclusion of the Additional Protocol to the Agreement between the European
                 Economic Community and -the Eastern Republic of Uruguay
                on trade in textile products consequent on the accession of the Hellenic
                Republic to the Community .
                                                                     on trade in textile products
   THK COUNC 11 OF THK FUROPF.AN COMMUNITIES,                                consequent on the accession of the Hellenic
                                                                    Republic to the Community is hereby approved on
                                                                    behalf of the Community.
   Having rc-K.ird to the Treaty establishing the European
   fi'iiMMiiic Ounmimiry, and in particular Article 113
   thereof ,
                                                                    The text of the Protocol is annexed to this Regulation.
   Having regard to the recommendation from the
   Commission ,
   Vherca * it i . necessary to approve the Additional
   Pri'tocol :o ( he Agreement between the European
                                                                                Article 2
   K .'onoinic C>>n.munity and the Eastern
    Republic of Uruguay                                            The President of the Council shall give the notilication
on trade in textile products to take                               provided for in Article 4 of the Additional Protocol (f).
account of the accession of the Hellenic
Republic to the Community ,
   HAS ADOPTH ) THIS REGULATION :
                                                                                Article .?
                           Article I
                                                                   This Regulation shall enter into force on the day
   The Additional Protocol to the Agreement between the            following its publication in the Official Journal of the
   European Economic Community and the Eastern                     European Communities.
   Republic of Uruguay
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels,
                                                                                For the Council
                                                                  (}) The date of entry into force of the Protocol will be
                                                                      published in the Official Journal of the European
                                                                      Communities by the General Secretariat of the Council.
 ---pagebreak---      Additional Protocol to the Agreement between
     the European Economic Community and the Eastern
     Republic of Uruguay on trade in textile products
     consequent on the accession of the Hellenic
     Republic to the Community
                                              «A,
   J
/T
y                                                  v
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COMMUNITIES :
 o f the one part , and
 THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY
of the other part ,
CONSIDERING the accession of the Hellenic Republic to
the European Communities on 1 January 1981
HAVING REGARD to the Agreement between the European Economic Community
and the Eastern Republic of Uruguay and hereafter called the "Agreement ",
signed on 28 January 1980 .
HAVE DECIDED to determine by common accord the adjustments and
transitional measures to the Agreement consequent on the accession
of the Hellenic Republic to the European Economic Community
and TO CONCLUDE THIS PROTOCOL :
Ρ                                                                   LÆ-
 ---pagebreak---                                   Article 1
The text of the Agreement as hereby amended , including its annex .
protocols and exchange of notes forming an integral part thereof ,
shall be drawn up in Greek and that text shall be authentic in the
same way as the original texts .
                                  Article 2
The Agreement shall be amended as follows :
1.      Protocol C , paragraph 2 , shall be replaced by the following :
        ■ Where the Community finds , under the system of administrative
        control set up , that the level of imports of products in a
        given category listed in the Annex originating in Uruguay exceeds ,
        in relation to 102% of the preceding year 's total imports into
       the territories within which the Treaty establishing the European
       Economic Community applied at 31 December 1980 or products in that
       category , the following percentages :
       -     for categories of products in Group I ,             0*22
       -    for categories of products in Group II ,             1,5X
       -    for categories of products in Group III , IV or V    4X
       it may request the opening of consultations in accordance with the
       procedure specified in Article 5 of the Agreement , with a view to
       reaching agreement on a suitable level of limitation for products
       in that category .
       n)
   (T
    N.
 ---pagebreak---                                      3
 2.    Protocol C , paragraph 6 to the Agreement shall be replaced by
       the following :
       'Quantitative limits on a regional basis may be introduced
       only where imports of a given product into any region of
       the Community exceed, in relation to the amounts calculated
       by the fraction 100 / 102 ( one hundred divided by one hundred
       and two ) of the amounts determined in accordance with
      paragraph 2,the following regional percentages :
                                 Germany      28.5 X
                                 Benelux      10.5 X
                                 France       18.5 X
                                 Italy        15   X
                                 Denmark       3   X
                                 Ireland       1   X
                                 U.K.         23.5 X
                                 Greece        2   X
3.    For the purpose of calculating 'the preceding year 's total imports'
      referred tp in 1 .          above both of 1980 ahd 1981 , imports from
      the Hellenic Republic shall be those recorded in 1980 .
                                Article 3
      This Protocol forms an integral part of the Agreement .
    /v
    V
 ---pagebreak---                             - 4 -
                           Article 4
 This Protocol shall be approved by the contracting Parties in
 accordance with their own procedures . It shall enter info force
on 1st January 1981 , provided that the contracting Parties have
notified each other before that date that the procedures necessary
to this end have been completed . After this date the Protocol shall
enter into force on the first day of the second month following
such notification .
                           Article 5
This Protocol is drawn up in duplicate , in the Danish , D^tch , English ,
French , German , Greek , Italian and Spanish languages , each of these
texts being equally authentic .
/
 ---pagebreak---                          EXCHANGE OF NOTES
              The Mission of the Republic of Uruguayto the European
   Communities presents Its compliments to the Di rectorate-General for
   External Relations of the Commission of the European Communities and
   has the honour to refer to the Agreement in textile products
   negotiated between the Republic of Uruguay      and the Community,
   signed      on 28 January 1980 , and to the Additional Protocol to the
   Agreement consequent on the accession of the Hellenic Republic to the
   Community initialled on 21 December 1980 .
             The Mission of the Republic of Uruguay      wishes to inform
  the Directorate-General that whilst awaiting the completion of the
  necessary procedures for the conclusion and the coming into force of the
  Additional Protocol , the Uruguayan Government is prepared to allow the
  provisions of the Additional Protocol to apply de facto from 1st January
  1961 if the Community is disposed to do likewise .
             The Mission of the Republic of Uruguay      would like also to
  propose that the present note and the Community 's note in reply shall
  constitute an Agreement between the Uruguayan     Government and the Community .
             The Mission of the Republic of Uruguay     avail ? itself of this
  opportunity to renew to the Directorate-General for External Relations
  the assurance of its highest consideration .
' Λ
 <r                                                                  -Mr
                                                 a
 ---pagebreak---   /
/
                    The Di rectorate-General for External Relation? of the Commission
        presents its compliments to the Mission of the Republic of Uruguay
        to the European Communities and has the honour to refer to the Mission 's
        note of today reading as follows :
                   "The Mission of the Republic of Uruguay       to the European
        Communities presents its compliments to the Directorates-General for External
        Relations of the Commission of the European Communities and has the honour
        to refer to the Agreeirsnt in textile products negotiated between the
    Republic of Uruguay and the Community signed         on 28 January 1980 , and to
       the Additional Protocol to the Agreement consequent on the accession of the
       Hellenic Republic to the Community initialled on         December 1980
                   The Mission of the Republic of Uruguay       wishes to inform the
       Directorate-General that whilst awaiting the completion of the necessary
       procedures for the conclusion and the coming into force of the Additional
       Protocol , the Uruguayan Government is prepared to allow the provisions of
                                                             \
       the Additional Protocol to apply de facto from 1st January 1981 if the
       Community is disposed to do likewise .                                             ,
                  The Mission of the Republic of Uruguay       would like also to
      propose that the present note and the Community 's note in reply shall
       constitute an Agreement between the Uruguayan       Government and the Community .
                  The Mission of the Republic of Uruguay       avails itself of this
      opportunity to renew to the Directorate-General for External Relations the
      assurance oif its highest consideration ."
                  The Directorate of External Relations has the honour . to confirm
      to the Mission of the Republic of Uruguay        that it is agreed on the
      content of the foregoing note and considers therefore that the exchange of
      notes constitutes an agreement between the Uruguayan        Government and the
      Community .
                  The Directorate-General for External delation * avails itself of
      this opportunity to renew to the Mission of the Republic of Uruguay         to
      the European Communities the assurance of its highest consideration .
                                                                     .. w\-
 ---pagebreak---                                                   CONFIDENTIAL - NOT FOR PUBLICATION
          COMMISSION
                                                                                22nd December 1980
                DES                                                                    .
COMMUNAUTES EUROPEENNES
         0"'*cl'On
    On              •■(• '■•wrM
   Horst G. KRENZLER
           Directeur                                                   M,r Gustavo MAGARINOS
                                                                       Ambassador
                                                                       Embassy of the Eastern Republic
                                            I                          of Uruguay
                                                                       Avenue Louise - 437
                                                                       1050   BRUSSELS
     I ·
                   Your Excellency ,
                              • I have the honour to refer to the Agreement between the
                  Community and Uruguay concerning trade in textile products which was
                  signed on 28 January 1980 , to the Additional Protocol to that Agreement
                  consequent on the accession of the Hellenic Republic to the Community
                  which was initialled today , and in particular to paragraph 6 of Protocol
                  C ( as amended ) to the Agreement .                                  ,
                               May I assure that , in the event of the provisions of that
                 paragraph having to be applied by the Community in respect of imports
                 into the Hellenic Republic to the products of Category 46 ( Nimexe
                 headings ( 1980 ): 53.05-10 ; 53.05-22 ; 53.05-29 ; 53.05-32 ; 53.05-39 )),
                 the annual llvel which would be stated in the request for consultation
                 would have regard to the volume of exports from Uruguay to the Hellenic
                 Republic 1978 and 1979, adjusted by {in appropriate growth rate .
                              Please accept , Your Excellency, the assurance of my high
                 consideration .
                                                                 Λ
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