AGREEMENT in the form of an exchange of letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines

A. Letter from the Community

Brussels, 26 November 1993

Sir,

I have the honour to refer to the consultations which have taken place between the European Community and Romania concerning the reciprocal establishment of tariff quotas for certain wines. Since it is in the interest both of the Community and of Romania to promote trade in wine in accordance with Articles 21 (5) and 15 (5) respectively of the Association Agreement and the Interim Agreement on trade and trade-related matters between the Community and Romania, signed on 1 February 1993, the two Parties have agreed to grant each other reciprocal tariff concessions subject to the maximum quantities and the conditions set out below:

1. Romania is to open an annual tariff quota subject to reduced customs duties as set out in point 3 for wine falling within heading ex 2204 of the Romanian customs tariff and originating in the Community, including sparkling wine and liqueur wine, up to 60 000 hectolitres.

2. The Community is to open an annual tariff quota subject to reduced customs duties as set out in point 3 for wine falling within heading ex 2204 of the combined nomenclature and originating in Romania, including sparkling wine and liqueur wine, up to the quantities set out in the Annex.

3. The following reduced customs duties will apply to the maximum annual quantities set out in points 1 and 2:

(a) in the case of duties applied by Romania to imports of wine originating in the Community:

- in 1993, 90 % of the basic duty,

- in 1994, 85 % of the basic duty,

- in 1995, 80 % of the basic duty,

- in 1996 and 1997, 75 % of the basic duty;

(b) in the case of duties applied by the Community to imports of wine originating in Romania:

- in 1993, 80 % of the basic duty,

- in 1994, 60 % of the basic duty,

- in 1995 and subsequent years, 40 % of the basic duty.

4. For the purposes of this Agreement, wine will be deemed to originate in the Community or in Romania if it has been produced from fresh grapes wholly produced and harvested in the territory of the Party in question in accordance with the rules governing the oenological practices and processes referred to in Title II of Regulation (EEC) No 822/87.

5. The period covered by the quotas referred to in points 1 and 2 will run from 1 January to 31 December of the same year. If this Agreement comes into force after 1 January 1993, the annual quotas referred to in points 1 and 2 will be adjusted pro rata temporis.

6. Imports of wine under the concessions provided for in this Agreement will be subject to presentation of:

- an import licence valid from its date of issue to the end of the fourth month thereafter, unless the quota period expires before the latter date. Licences must be granted without discrimination between the economic operators concerned. They may entail a system of securities, introduced and administered so that the agreed quantities may actually be imported, and

- a certificate issued by a mutually recognized official body appearing on a list to be drawn up jointly.

7. The Parties must ensure that the benefits granted reciprocally are not called into question by other measures.

8. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates. Both Parties may amend the latter by mutual consent.

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

10. This Agreement shall be approved by the Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed. It will apply for an initial period expiring on 31 December 1997. During the first six months of 1997, consultations will take place to decide whether and on what terms it is to be extended.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

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

On behalf of

the Council of the European Union

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B. Letter from Romania

Brussels, 26 November 1993

Sir,

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

'I have the honour to refer to the consultations which have taken place between the European Community and Romania concerning the reciprocal establishment of tariff quotas for certain wines. Since it is in the interest both of the Community and of Romania to promote trade in wine in accordance with Articles 21 (5) and 15 (5) respectively of the Association Agreement and the Interim Agreement on trade and trade-related matters between the Community and Romania, signed on 1 February 1993, the two Parties have agreed to grant each other reciprocal tariff concessions subject to the maximum quantities and the conditions set out below:

1. Romania is to open an annual tariff quota subject to reduced customs duties as set out in point 3 for wine falling within heading ex 2204 of the Romanian customs tariff and originating in the Community, including sparkling wine and liqueur wine, up to 60 000 hectolitres.

2. The Community is to open an annual tariff quota subject to reduced customs duties as set out in point 3 for wine falling within heading ex 2204 of the combined nomenclature and originating in Romania, including sparkling wine and liqueur wine, up to the quantities set out in the Annex.

3. The following reduced customs duties will apply to the maximum annual quantities set out in points 1 and 2:

(a) in the case of duties applied by Romania to imports of wine originating in the Community:

- in 1993, 90 % of the basic duty,

- in 1994, 85 % of the basic duty,

- in 1995, 80 % of the basic duty,

- in 1996 and 1997, 75 % of the basic duty;

(b) in the case of duties applied by the Community to imports of wine originating in Romania:

- in 1993, 80 % of the basic duty,

- in 1994, 60 % of the basic duty,

- in 1995 and subsequent years, 40 % of the basic duty.

4. For the purposes of this Agreement, wine will be deemed to originate in the Community or in Romania if it has been produced from fresh grapes wholly produced and harvested in the territory of the Party in question in accordance with the rules governing the oenological practices and processes referred to in Title II of Regulation (EEC) No 822/87.

5. The period covered by the quotas referred to in points 1 and 2 will run from 1 January to 31 December of the same year. If this Agreement comes into force after 1 January 1993, the annual quotas referred to in points 1 and 2 will be adjusted pro rata temporis.

6. Imports of wine under the concessions provided for in this Agreement will be subject to presentation of:

- an import licence valid from its date of issue to the end of the fourth month thereafter, unless the quota period expires before the latter date. Licences must be granted without discrimination between the economic operators concerned. They may entail a system of securities, introduced and administered so that the agreed quantities may actually be imported, and

- a certificate issued by a mutually recognized official body appearing on a list to be drawn up jointly.

7. The Parties must ensure that the benefits granted reciprocally are not called into question by other measures.

8. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates. Both Parties may amend the latter by mutual consent.

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

10. This Agreement shall be approved by the Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed. It will apply for an initial period expiring on 31 December 1997. During the first six months of 1997, consultations will take place to decide whether and on what terms it is to be extended.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.`

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.

For the

Government of Romania

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