COUNCIL DECISION

of 22 January 2007

on the signing and the provisional application of a bilateral Agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement between the European Community and Ukraine on trade in textile products

(2007/37/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Commission has negotiated on behalf of the Community an agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement on trade in textile products with Ukraine.

(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 Ukraine.

(3) The proposed agreement should be signed on behalf of the Community,

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 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 Ukraine concerning the extension and amendment of the Agreement between the European Community and Ukraine on trade in textile products.

Article 2

The text of the Agreement in the form of an Exchange of Letters is attached hereto. The Agreement shall be applied on a provisional basis as from 1 January 2007, pending the completion of procedures required for its conclusion and subject to a reciprocal provisional application by Ukraine.

Article 3

The Commission may, in accordance with the procedure 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), adopt the measures foreseen in point 6 of the Exchange of Letters signed on 19 December 2000 (2), consisting of reinstating the quota regime applicable during the year 2000 in case of non-application by Ukraine of the tariff rates described in paragraph 2.2 of the Exchange of Letters referred to in Article 1 of this Decision.

Article 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.

Done at Brussels, 22 January 2007.

For the Council

The President

F.-W. STEINMEIER

(1)  

OJ L 275, 8.11.1993, p. 1

. Regulation as last amended by Commission Regulation (EC) No 35/2006 (

OJ L 7, 12.1.2006, p. 8

).

(2)  

OJ L 16, 18.1.2001, p. 3

.

AGREEMENT

in the form of an Exchange of Letters between the European Community and Ukraine, represented by the Government of Ukraine, concerning the extension and amendment of the Agreement between the European Community and Ukraine on trade in textile products

A.   Letter from the European Community

Sir,

1.

I have the honour to refer to the Agreement between the European Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the Agreement in the form of an Exchange of Letters signed on 9 March 2005 (hereafter referred to as the Agreement).

2.

According to Article 20(1), the Agreement shall only apply until 31 December 2006. The European Community proposes to extend the duration of the Agreement, subject to the following amendments and conditions:

2.1.

The text of Article 20(1) shall be replaced by the following:

‘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. Thereafter, the application of all the provisions of this Agreement shall be extended automatically for a period of one more year up to 31 December 2008, unless either Party notifies the other at least six months before 31 December 2007 that it does not agree with this extension.’

2.2.

The tariff rates applied by Ukraine to exports of EC origin of products of HS chapters 50 to 63 will not exceed the final rates agreed in Appendix 7 of the Exchange of Letters between the European Community and Ukraine signed on 19 December 2000.

3.

Should Ukraine 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 Ukraine’s 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.

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

 

B.   Letter from the Government of Ukraine

Sir,

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

‘Sir,

1.

I have the honour to refer to the Agreement between the European Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the Agreement in the form of an Exchange of Letters signed on 9 March 2005 (hereafter referred to as the Agreement).

2.

According to Article 20(1), the Agreement shall only apply until 31 December 2006. The European Community proposes to extend the duration of the Agreement, subject to the following amendments and conditions:

2.1.

The text of Article 20(1) shall be replaced by the following:

“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. Thereafter, the application of all the provisions of this Agreement shall be extended automatically for a period of one more year up to 31 December 2008, unless either Party notifies the other at least six months before 31 December 2007 that it does not agree with this extension.”

2.2.

The tariff rates applied by Ukraine to exports of EC origin of products of HS chapters 50 to 63 will not exceed the final rates agreed in Appendix 7 of the Exchange of Letters between the European Community and Ukraine signed on 19 December 2000.

3.

Should Ukraine 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 Ukraine's 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.’

I have the honour to confirm that the foregoing is acceptable to the Government of Ukraine and that your letter and this letter constitute an Agreement in accordance with your proposal.

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