COUNCIL REGULATION (EEC) No 1493/81 of 19 May 1981 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 cooperation

THE COUNCIL OF 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 under 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 (1), provision should be made for the application of paragraph 2 of the Declaration from 1981;

Whereas an Agreement in the form of an exchange of letters should be approved 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 European Economic Community and the Socialist Federal Republic of Yugoslavia on trade and trade cooperation is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorized 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 be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 May 1981.

For the Council

The President

D.F. van der MEI

(1) OJ No L 130, 27.5.1980, p. 1.

AGREEMENT in the form of an exchange of letters concerning the application of paragraph 2 of the Joint Declaration of 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

Letter No 1

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 cooperation. Agreement was reached on the following: 1. As from 1 April 1981, for - products subject, in compliance with the Interim 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 generalized tariff preferences to developing countries, the movement certificate EUR.1 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

- were on 1 April 1981 in transit or were in temporary storage, in bonded warehouses or in free zones in the Community or in Yugoslavia.

may be allowed to benefit from the provisions of the Interim Agreement if they originate in Yugoslavia within the meaning of Protocol 2 to the Interim 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 shall apply mutatis mutandis to any product which may be put in a similar situation by a change either in the system of generalized tariff preferences or in the Interim Agreement.

3. The arrangements described in paragraph 1 and the provisions contained in paragraph 2 will apply under both the Interim Agreement and the cooperation Agreement signed in Belgrade on 2 April 1980 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 assurance of my highest consideration.

On behalf of the Council of the European Communities

Letter No 2

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 cooperation. Agreement was reached on the following: 1. As from 1 April 1981, for - products subject, in compliance with the Interim 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 generalized tariff preferences to developing countries, the movement certificate EUR.1 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

- were on 1 April 1981 in transit or were in temporary storage, in bonded warehouses or in free zones in the Community or in Yugoslavia,

may be allowed to benefit from the provisions of the Interim Agreement if they originate in Yugoslavia within the meaning of Protocol 2 to the Interim Agreement, and provided that within a period of tour 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 shall apply mutatis mutandis to any product which may be put in a similar situation by a change either in the system of generalized tariff preferences or in the Interim Agreement.

3. The arrangements described in paragraph 1 and the provisions contained in paragraph 2 will apply under both the Interim Agreement and the Cooperation Agreement signed in Belgrade on 2 April 1980 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 acknowledge receipt of your letter and confirm my authorities agreement with its contents.

Please accept, Sir, the assurance of highest consideration.

For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia