AGREEMENT in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and 'Landwein` in bottles

Letter No 1 Sir,

I refer to the consultations which have taken place between the European Economic Community and the Republic of Austria on the arrangements for the marketing in Austria of Community table wines and 'Landwein` in bottles. Since it is in the interests of both the Community and Austria to foster the development of trade in wine, in accordance with Article 15 of the Agreement between the European Economic Community and the Republic of Austria signed on 22 July 1972, it is hereby agreed to apply the following provisions:

1. Austria will permit the marketing of table wines and 'Landwein` originating in the Community presented in bottles containing more than 0,25 litres but less than one litre under subheading ex 2204 21 A1 of the Austrian customs tariff, provided that a minimum import price is observed.

2. The minimum import price shall be considered to have been observed if the value for customs purposes of the wine to be imported is not less than a price corresponding to 1,7 times the reference price referred to in Article 53 of Regulation (EEC) No 822/87 of the Council of the European Communities (OJ No L 84, 27. 3. 1987, p. 1) applicable to a wine with an actual alcoholic strength of 11 % vol. put up in containers of a capacity not exceeding two litres, that reference price being reduced by ECU 14,5/hl.

The 'value for customs purposes` shall mean the value per hectolitre of the product determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade drawn up at Geneva on 12 April 1979.

Observance of the minimum price shall be checked by the Austrian authority issuing import licences.

3. For the purposes of this Agreement, the equivalent in Austrian schillings of the minimum price in ecus shall be that obtaining on the first working day of . . . 1990, as published in the 'C` series of the Official Journal of the European Communities. The equivalent shall be adjusted on 1 September each year. The equivalent to be used shall be that obtaining on the first working day of the preceding June, as published in the Official Journal of the European Communities.

4. The competent authorities of the Republic of Austria and the Commission of the European Communities shall remain in direct contact for any matter relating to implementation of the provisions set out above and shall, in particular, reach joint agreement on any adjustment of the minimum price.

5. This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Austria.

6. The provisions of this Agreement shall apply from the first day of the second month following mutual notification by the contracting parties of the accomplishment of their internal procedures.

I should be obliged if you would confirm that the Community is in agreement with the foregoing.

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

For the Government of the Republic of Austria Letter No 2 Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

'I refer to the consultations which have taken place between the European Economic Community and the Republic of Austria on the arrangements for the marketing in Austria of Community table wines and "Landwein" in bottles. Since it is in the interests of both the Community and Austria to foster the development of trade in wine, in accordance with Article 15 of the Agreement between the European Economic Community and the Republic of Austria signed on 22 July 1972, it is hereby agreed to apply the following provisions:

1. Austria will permit the marketing of table wines and "Landwein" originating in the Community presented in bottles containing more than 0,25 litres but less than one litre under subheading ex 2204 21 A1 of the Austrian customs tariff, provided that a minimum import price is observed.

2. The minimum import price shall be considered to have been observed if the value for customs purposes of the wine to be imported is not less than a price corresponding to 1,7 times the reference price referred to in Article 53 of Regulation (EEC) No 822/87 of the Council of the European Communities (OJ No L 84, 27. 3. 1987, p. 1) applicable to a wine with an actual alcoholic strength of 11 % vol. put up in containers of a capacity not exceeding two litres, that reference price being reduced by ECU 14,5/hl.

The "value for customs purposes" shall mean the value per hectolitre of the product determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade drawn up at Geneva on 12 April 1979.

Observance of the minimum price shall be checked by the Austrian authority issuing import licences.

3. For the purposes of this Agreement, the equivalent in Austrian schillings of the minimum price in ecus shall be that obtaining on the first working day of . . . 1990, as published in the "C" series of the Official Journal of the European Communities. The equivalent shall be adjusted on 1 September each year. The equivalent to be used shall be that obtaining on the first working day of the preceding June, as published in the Official Journal of the European Communities.

4. The competent authorities of the Republic of Austria and the Commission of the European Communities shall remain in direct contact for any matter relating to implementation of the provisions set out above and shall, in particular, reach joint agreement on any adjustment of the minimum price.

5. This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Austria.

6. The provisions of this Agreement shall apply from the first day of the second month following mutual notification by the contracting parties of the accomplishment of their internal procedures.

I should be obliged if you would confirm that the Community is in agreement with the foregoing.` I am able to confirm that the Community is in agreement with the contents of the letter.

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

On behalf of the Council of the European Communities

Information concerning the date of entry into force of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing in Austrian territory, of Community table wines and 'Landwein` in bottles (1)

Following mutual notification by the contracting parties (most recently by the Republic of Austria on 31 March 1992) of completion of the internal procedures necessary for entry into force of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and 'Landwein` in bottles (signed on 19 November 1991), this Agreement will enter into force, in accordance with Article 6 thereof, on 1 May 1992.