EN Official Journal of the European Communities L 187/2

EXCHANGE OF LETTRES

between the European Economic Community and the Swiss Confederation, founding direct cooperation between the authorities of the Member States of the Community responsible for the prevention of fraud and the competent Swiss authorities

Sir,

I refer to the discussions between Switzerland and the Commission of the European Communities on collaboration between the services responsible for the official control of wine.

The European Economic Community would appreciate confirmation from Switzerland that there is agreement as follows:

1. Switzerland and the European Economic Community (hereinafter referred to as ‘the Community’) shall notify each other not later than 60 days after the date of the reply to this letter of the name, address and telephone and telex numbers: (a) of the service(s) responsible for official control of wine and authorized to exchange information with its/their counterparts in other countries; (b) of the official laboratory or laboratories authorized to make analyses at the request of a service as referred to in (a). These services and laboratories shall in Switzerland be those designated by the Swiss Government and in the Community those designated by the Governments of each of the Member States. Requests for analyses and other communications from laboratories as referred to in (b) above shall be made by the services of the State in which the laboratory is located. Switzerland and the Community shall notify each other with all rapidity of any change in the lists of services and laboratories thus drawn up.

2. When a Swiss service as referred to in point 1 (a) finds: — that a wine-sector product originating in or consigned from a Member State of the Community does not comply with the standards laid down in Community provisions or those of the Member State of origin, and — that this non-compliance is of specific interest to one or more of the Member States of the Community, it shall without delay inform the corresponding service in the Member State from which the product was consigned and, if it originated in a different Member State, that of the Member State of origin. If the product is intended for export from Switzerland to the Community, the Swiss service shall also inform the corresponding service of the Member State of destination.

3. When a service of a Member State of the Community as referred to in point 1 (a) finds: — that a wine-sector product originating in or consigned from Switzerland does not comply with the standards laid down in Swiss provisions or, if applicable, in those of the country of origin, and — that this non-compliance is of specific interest to Switzerland, it shall without delay inform the corresponding Swiss service and, if the product originated in a Community Member State, that of the Member State of origin.

4. Communications as referred to in points 2 and 3 above shall be accompanied by documents such as certificates of origin or provenance, analysis results, labels and accompanying documents, relating to: — composition and organoleptic characteristics, — designation and presentation, — compliance with the rules on production and marketing of the product in question.

5. Services as referred to in point 1 (a) may request each other: — in cases of doubt, to check accompanying documents, commercial documents and entry and exit registers, — in cases where there is reason for suspecting fraud, to instruct, via the competent service, a laboratory as referred to in point 1 (b) to make an analytical and organoleptic examination of a sample of the goods in question.

6. A service or laboratory receiving information or a request under points 2 to 5 above shall act thereupon as quickly as possible. In cases where a request cannot be met wholly or in part, the service concerned shall without delay inform the requesting service, indicating the reason why. Information exchanged under points 2 to 5 above shall be confidential. It may not be communicated to persons other than those who, by virtue of their duties in Switzerland, in the Member States or within the Commission of the European Communities, are required to be in possession of it for the implementation of this Agreement, except in cases of fraud or falsity of title within the meaning of Swiss legislation or the legislation of the Community Member State concerned, where such information may be communicated to other authorities duly empowered to be in possession of it.

7. Switzerland and the Community shall notify each other of current and future laws and regulations in the wine sector that are relevant to the work of the official wine control services. Final administrative and legal decisions particularly relevant to the interpretation of the abovementioned provisions may also be communicated.

8. 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 the Swiss Confederation. It shall also be effective in the Principality of Liechtenstein for as long as that Principality is linked to the Swiss Confederation by a customs union treaty.

9. This Agreement shall enter into force 30 days after the date of the reply to this letter. It may be terminated at any time on one years written notice.

I should be obliged if you would confirm that your Government is in agreement with the above.

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

On behalf of the Council of the European Communities

Sir,

I have received your letter of today's date which reads as follows:

‘I refer to the discussions between Switzerland and the Commission of the European Communities on collaboration between the services responsible for the official control of wine.

The European Economic Community would appreciate confirmation from Switzerland that there is agreement as follows:

1. Switzerland and the European Economic Community (hereinafter referred to as “the Community”) shall notify each other not later than 60 days after the date of the reply to this letter of the name, address and telephone and telex numbers: (a) of the service(s) responsible for official control of wine and authorized to exchange information with its/their counterparts in other countries; (b) of the official laboratory or laboratories authorized to make analyses at the request of a service as referred to in (a). These services and laboratories shall in Switzerland be those designated by the Swiss Government and in the Community those designated by the Governments of each of the Member States. Requests for analyses and other communications from laboratories as referred to in (b) above shall be made by the services of the State in which the laboratory is located. Switzerland and the Community shall notify each other with all rapidity of any change in the lists of services and laboratories thus drawn up.

2. When a Swiss service as referred to in point 1 (a) finds: — that a wine-sector product originating in or consigned from a Member State of the Community does not comply with the standards laid down in Community provisions or those of the Member State of origin, and — that this non-compliance is of specific interest to one or more of the Member States of the Community, it shall without delay inform the corresponding service in the Member State from which the product was consigned and, if it originated in a different Member State, that of the Member State of origin. If the product is intended for export from Switzerland to the Community, the Swiss service shall also inform the corresponding service of the Member State of destination.

3. When a service of a Member State of the Community as referred to in point 1 (a) finds: — that a wine-sector product originating in or consigned from Switzerland does not comply with the standards laid down in Swiss provisions or, if applicable, in those of the country of origin, and — that this non-compliance is of specific interest to Switzerland, it shall without delay inform the corresponding Swiss service and, if the product originated in a Community Member State, that of the Member State of origin.

4. Communications as referred to in points 2 and 3 above shall be accompanied by documents such as certificates of origin or provenance, analysis results, labels and accompanying documents, relating to: — composition and organoleptic characteristics, — designation and presentation, — compliance with the rules on production and marketing of the product in question.

5. Services as referred to in point 1 (a) may request each other: — in cases of doubt, to check accompanying documents, commercial documents and entry and exit registers, — in cases where there is reason for suspecting fraud, to instruct, via the competent service, a laboratory as referred to in point 1 (b) to make an analytical and organoleptic examination of a sample of the goods in question.

6. A service or laboratory receiving information or a request under points 2 to 5 above shall act thereupon as quickly as possible. In cases where a request cannot be met wholly or in part, the service concerned shall without delay inform the requesting service, indicating the reason why. Information exchanged under points 2 to 5 above shall be confidential. It may not be communicated to persons other than those who, by virtue of their duties in Switzerland, in the Member States or within the Commission of the European Communities, are required to be in possession of it for the implementation of this Agreement, except in cases of fraud or falsity of title within the meaning of Swiss legislation or the legislation of the Community Member State concerned, where such information may be communicated to other authorities duly empowered to be in possession of it.

7. Switzerland and the Community shall notify each other of current and future laws and regulations in the wine sector that are relevant to the work of the official wine control services. Final administrative and legal decisions particularly relevant to the interpretation of the abovementioned provisions may also be communicated.

8. 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 the Swiss Confederation. It shall also be effective in the Principality of Liechtenstein for as long as that Principality is linked to the Swiss Confederation by a customs union treaty.

9. This Agreement shall enter into force 30 days after the date of the reply to this letter. It may be terminated at any time on one year's written notice.

I should be obliged if you would confirm that your Government is in agreement with the above.’

I have the honour to confirm that my Government is in agreement with the contents of your letter.

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