AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
between the European Community and the United States of America on matters related to
Trade in Wine
A.Letter from the Community
Brussels,
Sir,
I have the honour to confirm the following understanding reached between the European Community
(hereinafter the ‘Community ’) and the United States of America (hereinafter the ‘United States ’)i n
connection with the Agreement between the European Community and the United States of America onTrade in Wine (the ‘Wine Agreement ’) initialed on 14 September 2005.
1. Taking into account the need not to disrupt trade in wine between the Parties pending the entry into
force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 as providedfor in its Article 17(2), the Community shall continue to apply:
(a) its authorisations regarding wine-making practices in effect as of the date of this letter for wines
originating in the United States set forth in Council Regulation (EC) No 1037/2001, and prolongedby Council Regulation (EC) No 2324/2003; and
(b) the certification requirements in effect as of the date of this letter specified in Commission Regulation
(EC) No 883/2001.
2. Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not restrict,
on the basis of either wine-making practices or product specifications, the importation, marketing or saleof wine originating in the territory of the Community that is produced using wine-making practices andprocedures that are authorised under laws, regulations and requirements of the Community as of the dateof this letter, and the United States accepts those practices and procedures within the meaning of Section2002(a)(1)(B) of US Public Law 108-429. This undertaking by the United States is with respect to winethat falls within the scope of the Wine Agreement and, in particular, Article 3 thereof. Measures taken byeither Party for the protection of human health and safety are outside the scope of this undertaking. Theagreement hereinafter described does not contain any requirement for a certification by the Communitythat the practices and procedures used to produce wine in the Community constitute proper cellartreatment within the meaning of Section 2002 of US Public Law 108-429.
3. Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than 7
percent (7 %) by volume, but also recognising that such wine originating in the territory of theCommunity is produced using the wine-making practices and procedures that are authorised underlaws, regulations and requirements of the Community listed in Annex I of the Wine Agreement, theUnited States accepts those practices and procedures with respect to such wine within the meaning ofSection 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs 1(a)and 1(b) above are satisfied or Articles 4 and 9 of the Wine Agreement are in force. Furthermore, theagreement hereinafter described does not contain any requirement for certification by the Communitythat the practices and procedures used to produce wine with an alcohol content of less than 7 percent(7 %) by volume in the Community constitute proper cellar treatment within the meaning of section2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party for the protection of humanhealth and safety are outside the scope of this undertaking.
4. Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine Agreement,
as provided for in Article 17(2) thereof, but no longer than for a period of three years from the date ofentry into force of this agreement hereinafter described. Notwithstanding the foregoing, if Articles 4 and9 are not in application within this three-year period, the period shall be extended for an additional twoyears.EN L 301/16 Official Journal of the European Union 18.11.2005
5. Should either Party notify the other of its intention not to sign the Wine Agreement, or should it
withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelve monthsafter the date of receipt of notification by a Party that the other Party does not intend to sign the WineAgreement, or on the date that withdrawal from the Wine Agreement under Article 14 thereof iseffective, as applicable.
6. Either Party may withdraw from the present agreement hereinafter described at any time by providing
written notification to the other Party. Withdrawal shall take effect twelve months after the date ofreceipt of the notification by the other Party, unless the notification specifies a later date or thenotification is rescinded prior to the specified date.
If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your
letter in reply confirming that you share this understanding shall constitute an agreement between theCommunity and the United States, which shall enter into force on the date of your letter in reply.
Please accept, Sir, the assurance of my highest consideration.
For the European CommunityEN 18.11.2005 Official Journal of the European Union L 301/17
B.Letter from the United States
Sir,
I have the honor to acknowledge receipt of your letter of this date which reads as follows:
‘I have the honour to confirm the following understanding reached between the European Community
(hereinafter the “Community ”) and the United States of America (hereinafter the “United States ”)i n
connection with the Agreement between the European Community and the United States of America onTrade in Wine (the “Wine Agreement ”) initialled on 14 September 2005.
1. Taking into account the need not to disrupt trade in wine between the Parties pending the entry into
force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 asprovided for in its Article 17(2), the Community shall continue to apply:
(a) its authorisations regarding wine-making practices in effect as of the date of this letter for wines
originating in the United States set forth in Council Regulation (EC) No 1037/2001, andprolonged by Council Regulation (EC) No 2324/2003; and
(b) the certification requirements in effect as of the date of this letter specified in Commission
Regulation (EC) No 883/2001.
2. Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not
restrict, on the basis of either wine-making practices or product specifications, the importation,marketing or sale of wine originating in the territory of the Community that is produced usingwine-making practices and procedures that are authorised under laws, regulations and requirementsof the Community as of the date of this letter, and the United States accepts those practices andprocedures within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429. This undertakingby the United States is with respect to wine that falls within the scope of the Wine Agreement and,in particular, Article 3 thereof. Measures taken by either Party for the protection of human health andsafety are outside the scope of this undertaking. The agreement hereinafter described does notcontain any requirement for a certification by the Community that the practices and proceduresused to produce wine in the Community constitute proper cellar treatment within the meaning ofSection 2002 of US Public Law 108-429.
3. Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than
7 percent (7 %) by volume, but also recognising that such wine originating in the territory of theCommunity is produced using the wine-making practices and procedures that are authorised underlaws, regulations and requirements of the EC listed in Annex I of the Wine Agreement, the UnitedStates accepts those practices and procedures with respect to such wine within the meaning ofSection 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs1(a) and 1(b) above are satisfied or Articles 4 and 9 of the Wine Agreement are in force.Furthermore, the agreement hereinafter described does not contain any requirement for certificationby the Community that the practices and procedures used to produce wine with an alcohol contentof less than 7 percent (7 %) by volume in the Community constitute proper cellar treatment withinthe meaning of section 2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party forthe protection of human health and safety are outside the scope of this undertaking.
4. Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine
Agreement, as provided for in Article 17(2) thereof, but no longer than for a period of threeyears from the date of entry into force of this agreement hereinafter described. Notwithstandingthe foregoing, if Articles 4 and 9 are not in application within this three-year period, the period shallbe extended for an additional two years.EN L 301/18 Official Journal of the European Union 18.11.2005
5. Should either Party notify the other of its intention not to sign the Wine Agreement, or should it
withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelvemonths after the date of receipt of notification by a Party that the other Party does not intend tosign the Wine Agreement, or on the date that withdrawal from the Wine Agreement under Article14 thereof is effective, as applicable.
6. Either Party may withdraw from the present agreement hereinafter described at any time by
providing written notification to the other Party. Withdrawal shall take effect twelve months afterthe date of receipt of the notification by the other Party, unless the notification specifies a later dateor the notification is rescinded prior to the specified date.
If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your
letter in reply confirming that you share this understanding shall constitute an agreement between theCommunity and the United States, which shall enter into force on the date of your letter in reply. ’
I have the honor to confirm that the United States of America shares the understanding set forth in your
letter and to confirm that your letter and this letter in reply shall constitute an agreement between theUnited States of America and the European Community, which shall enter into force on the date of thisreply.
Please accept, Sir, the assurance of my highest consideration.
For the United States of AmericaEN 18.11.2005 Official Journal of the European Union L 301/19