EN Official Journal of the European Union L 66/21

COUNCIL DECISION

of 21 December 2005

on the conclusion of Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria and Romania, respectively, on reciprocal preferential trade concessions for certain wines, and amending Regulation (EC) No 933/95

(2006/187/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal of the Commission,

Whereas:

(1) An Agreement in the form of an Exchange of Letters between the European Community and the Republic of Bulgaria on the reciprocal establishment of tariff quotas for certain wines (1) was signed on 29 November 1993.

(2) An 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 (2) was signed on 26 November 1993.

(3) In accordance with the directives issued by the Council, the Commission and the two associated countries concerned concluded negotiations on new concessions for certain wines. The results of these negotiations should in time be integrated into the framework of the Europe Agreements in the form of additional Protocols containing provisions for the mutual protection of wine names and spirits designations.

(4) Pending the conclusion and adoption of the Additional Protocols and in order to implement the results of the negotiations on new concessions for certain wines, Agreements in the form of Exchanges of Letters between the Community and the two associated countries concerned on reciprocal preferential trade concessions for certain wines should be adopted. The concessions provided for by these two Agreements should be identical to those contained in the planned additional Protocols to the Europe Agreements. The latter will, on their entry into force, replace the two Agreements.

(5) Council Regulation (EC) No 933/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania (3) should be amended in accordance with the two Agreements.

(6) In order to facilitate the implementation of certain provisions of the two Agreements, the Commission should be authorised to adopt the necessary legislation for their implementation in accordance with the procedure laid down in Article 75 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (4).

(7) The two Agreements should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Bulgaria on reciprocal preferential trade concessions for certain wines, attached to this Decision, is hereby approved on behalf of the Community.

Article 2

The Agreement in the form of an Exchange of Letters between the European Community and Romania on reciprocal preferential trade concessions for certain wines, attached to this Decision, is hereby approved on behalf of the Community.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the two Agreements in order to bind the Community.

Article 4

The Commission is hereby authorised to adopt the necessary acts for the implementation of the two Agreements, in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999.

Article 5

Regulation (EC) No 933/95 is hereby amended as follows:

1. Article 1 shall be replaced by the following: ‘Article 1 1. From 1 January 2005, and without prejudice to paragraph 2, the customs duties applicable on importation of the following products originating in Bulgaria and Romania shall be suspended at levels and within the limits of tariff quotas as indicated with respect to each product: (a) Wines originating in Bulgaria: Order No CN code (5) Description (6) Annual quantity from 1.1.2005 (hl) Yearly increase from 1.1.2006 (hl) Tariff quota duty 09.7001 ex22 04 10 Sparkling wine, in containers holding not more than 2 litres 4 000 200 free 09.7003 ex22 04 21 Wine of fresh grapes 510 000 25 500 free 09.7005 ex22 04 29 Wine of fresh grapes 195 000 0 free (b) Wines originating in Romania: Order No CN code (7) Description (8) Annual quantity from 1.1.2005 (hl) Tariff quota duty 09.7013 ex22 04 10 ex22 04 21 ex22 04 29 Wine of fresh grapes 345 000 free 2. Admission under the tariff quotas referred to in paragraph 1 shall be confined to wines accompanied by a completed document VI 1 or an extract VI 2, in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (9).

2. The Annex shall be replaced by the text in Annex to this Decision.

Done at Brussels, 21 December 2005. For the Council The President B. BRADSHAW

(1) OJ L 337, 31.12.1993, p. 3. Agreement as last amended by the Agreement in the form of an Exchange of Letters amending the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Bulgaria on the reciprocal establishment of tariff quotas for certain wines (OJ L 49, 22.2.2000, p. 7).

(2) OJ L 337, 31.12.1993, p. 173. Agreement as last amended by the Agreement in the form of an Exchange of Letters amending the 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 (OJ L 49, 22.2.2000, p. 15).

(3) OJ L 96, 28.4.1995, p. 1. Regulation as last amended by Regulation (EC) No 678/2001 (OJ L 94, 4.4.2001, p. 1).

(4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(5) See TARIC codes in Annex III.

(6) Notwithstanding the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be considered as indicative only, the preferential scheme being determined, within the context of Article 1(1), by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code and corresponding description taken together.

(7) See TARIC codes in Annex III.

(8) Notwithstanding the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be considered as indicative only, the preferential scheme being determined, within the context of Article 1(1), by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code and corresponding description taken together.

(9) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 2079/2005 (OJ L 333, 20.12.2005, p. 6).’;

ANNEX

‘ANNEX TARIC CODES Order Number CN Code TARIC Code 09.7001 ex22 04 10 2204101991 2204109991 09.7003 ex22 04 21 2204217979 2204217980 2204218079 2204218080 2204218459 2204218470 2204218579 2204218580 2204219420 2204219820 2204219910 09.7005 ex22 04 29 2204296500 2204297510 2204298310 2204298380 2204298420 2204299420 2204299820 2204299910 09.7013 ex22 04 10 2204101991 2204101999 2204109991 2204109999 ex22 04 21 2204217979 2204217980 2204218079 2204218080 2204218459 2204218470 2204218579 2204218580 2204219420 2204219820 2204219910 ex22 04 29 2204296500 2204297510 2204298310 2204298380 2204298420 2204299420 2204299820 2204299910’

EN Official Journal of the European Union L 66/24

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Republic of Bulgaria on reciprocal preferential trade concessions for certain wines

Sir,

I have the honour to refer to the Agreement of 20 March 2001 in the form of an Exchange of Letters between the European Community and Bulgaria on the reciprocal establishment of tariff quotas for certain wines and spirits, amending Agreement of 29 November 1993, and to the negotiations concluded during 2004 between the European Community and Bulgaria covering trade concessions on wine.

I hereby confirm that, following the negotiations and pending the procedure for the adoption and the entry into force of an Additional Protocol to the Europe Agreement covering wines and spirits and in order to implement from 1 January 2005 the results of the negotiations on new bilateral trade concessions for certain wines, the European Community and the Republic of Bulgaria have agreed on the following which will replace the concessions on wine set out in the Exchange of Letters of 2001:

1. Imports into Bulgaria of the following products originating in the Community shall be subject to the concessions set out below. Bulgarian tariff code Description Annual quantity from 1.1.2005 (hl) Applicable duty ex 2204 10 ex 2204 21 ex 2204 29 Sparkling wine, in containers holding not more than 2 litres Wine of fresh grapes 73 100 free

2. Imports into the Community of the following products originating in Bulgaria shall be subject to the concessions set out below. CN code Description Annual quantity from 1.1.2005 (hl) Yearly increase from 1.1.2006 (hl) Applicable duty ex22 04 10 Sparkling wine, in containers holding not more than 2 litres 4 000 200 free ex22 04 21 Wine of fresh grapes 510 000 25 500 free ex22 04 29 Wine of fresh grapes 195 000 0 free

3. The rules of origin applicable under this Agreement shall be as set out in Protocol 4 of the Europe Agreement establishing an association between the European Communities and their Member States of the one part, and the Republic of Bulgaria of the other part.

4. For the purposes of this Agreement wine is as defined in point 10 of Annex I to Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine and must be produced in accordance with the rules governing the oenological practices and processes referred to in Title V and Annexes IV and V of the said Regulation and Commission Regulation (EC) No 1622/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common market organisation in wine and establishing a Community code on oenological practices and processes.

5. Imports of wine under the concessions provided for in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly, to the effect that the wine in question complies with point 4.

6. The Contracting Parties shall ensure that the trade concessions granted reciprocally are not called into question by other measures.

7. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates.

8. 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 the Republic of Bulgaria.

9. This Agreement will be approved by the Contracting Parties in accordance with their respective procedures.

This Agreement shall enter into force on 1 January 2005. It shall expire on the entry into force of the Additional Protocol to the Europe Agreement on wines and spirits.

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

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

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje,

Kelt Brüsszelben,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

Съставено в Брюксел

Por la Comunidad Europea Za Evropské společenství For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Euroopa Ühenduse nimel Για την Ευρωπαϊκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Eiropas Kopienas vārdā Europos bendrijos vardu az Európai Közösség részéről Voor de Europese Gemeenschap W imieniu Wspólnoty Europejskiej Pela Comunidade Europeia Za Európske spoločenstvo za Evropsko skupnost Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar За Европейската общност

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 Agreement of 20 March 2001 in the form of an Exchange of Letters between the European Community and Bulgaria on the reciprocal establishment of tariff quotas for certain wines and spirits, amending Agreement of 29 November 1993, and to the negotiations concluded during 2004 between the European Community and Bulgaria covering trade concessions on wine.

I hereby confirm that, following the negotiations and pending the procedure for the adoption and the entry into force of an Additional Protocol to the Europe Agreement covering wines and spirits and in order to implement from 1 January 2005 the results of the negotiations on new bilateral trade concessions for certain wines, the European Community and the Republic of Bulgaria have agreed on the following which will replace the concessions on wine set out in the Exchange of Letters of 2001:

1. Imports into Bulgaria of the following products originating in the Community shall be subject to the concessions set out below. Bulgarian tariff code Description Annual quantity from 1.1.2005 (hl) Applicable duty ex 2204 10 ex 2204 21 ex 2204 29 Sparkling wine, in containers holding not more than 2 litres Wine of fresh grapes 73 100 free

2. Imports into the Community of the following products originating in Bulgaria shall be subject to the concessions set out below. CN code Description Annual quantity from 1.1.2005 (hl) Yearly increase from 1.1.2006 (hl) Applicable duty ex22 04 10 Sparkling wine, in containers holding not more than 2 litres 4 000 200 free ex22 04 21 Wine of fresh grapes 510 000 25 500 free ex22 04 29 Wine of fresh grapes 195 000 0 free

3. The rules of origin applicable under this Agreement shall be as set out in Protocol 4 of the Europe Agreement establishing an association between the European Communities and their Member States of the one part, and the Republic of Bulgaria of the other part.

4. For the purposes of this Agreement wine is as defined in point 10 of Annex I to Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine and must be produced in accordance with the rules governing the oenological practices and processes referred to in Title V and Annexes IV and V of the said Regulation and Commission Regulation (EC) No 1622/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common market organisation in wine and establishing a Community code on oenological practices and processes.

5. Imports of wine under the concessions provided for in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly, to the effect that the wine in question complies with point 4.

6. The Contracting Parties shall ensure that the trade concessions granted reciprocally are not called into question by other measures.

7. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates.

8. 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 the Republic of Bulgaria.

9. This Agreement will be approved by the Contracting Parties in accordance with their respective procedures.

This Agreement shall enter into force on 1 January 2005. It shall expire on the entry into force of the Additional Protocol to the Europe Agreement on wines and spirits.

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

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

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

Съставено в Брюксел

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje,

Kelt Brüsszelben,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

За правителството на Република България Por el Gobierno de la República de Bulgaria Za vládu Bulharské republiky For regeringen for Republikken Bulgarien Für die Regierung der Republik Bulgarien Bulgaaria Vabariigi Valitsuse nimel Για την Κυβέρνηση της Δημοκρατίας της Βουλγαρίας For the Government of the Republic of Bulgaria Pour le gouvernement de la République de Bulgarie Per il Governo della Repubblica di Bulgaria Bulgārijas Republikas valdības vārdā Bulgarijos Vyriausybės vardu a Bolgár Köztársaság kormánya részéről Voor de regering van de Republiek Bulgarije W imieniu Rzadu Republiki Bulgarii Pelo Governo da República da Bulgária Za vládu Bulharskej republiky Za Vlado Republike Bolgarije Bulgarian tasavallan hallituksen puolesta På Republiken Bulgariens regerings vägnar

EN Official Journal of the European Union L 66/30

AGREEMENT

in the form of an Exchange of Letters between the European Community and Romania on reciprocal preferential trade concessions for certain wines

Sir,

I have the honour to refer to the Agreement of 22 March 2001 in the form of an Exchange of Letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines and spirits, amending Agreement of 26 November 1993, and to the negotiations concluded during 2004 between the European Community and Romania covering trade concessions on wine.

I hereby confirm that, following the negotiations and pending the procedure for the adoption and the entry into force of an Additional Protocol to the Europe Agreement covering wines and spirits and in order to implement the results of the negotiations on new bilateral trade concessions for certain wines, the European Community and Romania have agreed on the following which will replace the concession on wine set out in the Exchange of Letters from 2001:

1. Imports into Romania of the following products originating in the Community shall be subject to the concessions set out below. Romanian tariff code Description Annual quantity (hl) Applicable duty (% of MFN duty) ex 2204 10 ex 2204 21 ex 2204 29 Wine of fresh grapes 60 000 free

2. Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below. CN code Description Annual quantity (hl) Applicable duty ex22 04 10 ex22 04 21 ex22 04 29 Wine of fresh grapes 345 000 free

3. The rules of origin applicable under this Agreement shall be as set out in Protocol 4 of the Europe Agreement establishing an association between the European Communities and their Member States of the one part, and Romania of the other part.

4. For the purposes of this Agreement wine is as defined in point 10 of Annex I to Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine and must be produced in accordance with the rules governing the oenological practices and processes referred to in Title V and Annexes IV and V of the said Regulation and Commission Regulation (EC) No 1622/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common market organisation in wine and establishing a Community code on oenological practices and processes.

5. Imports of wine under the concessions provided for in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly, to the effect that the wine in question complies with point 4.

6. The Contracting Parties shall ensure that the trade concessions granted reciprocally are not called into question by other measures.

7. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates.

8. 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.

9. This Agreement will be approved by the Contracting Parties in accordance with their respective procedures.

This Agreement shall enter into force on 1 January 2005 on the Community side; on the Romanian side, it shall enter into force from the first day of the first month following the date on which Romania has notified the Community of the accomplishment of its internal procedure for acceptance. It shall expire on the entry into force of the Additional Protocol to the Europe Agreement on wines and spirits.

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

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

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje,

Kelt Brüsszelben,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

Adoptat la Bruxelles

Por la Comunidad Europea Za Evropské společenství For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Euroopa Ühenduse nimel Για την Ευρωπαϊκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Eiropas Kopienas vārdā Europos bendrijos vardu az Európai Közösség részéről Voor de Europese Gemeenschap W imieniu Wspólnoty Europejskiej Pela Comunidade Europeia Za Európske spoločenstvo za Evropsko skupnost Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar pentru Comunitatea Europeană

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 Agreement of 22 March 2001 in the form of an Exchange of Letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines and spirits, amending Agreement of 26 November 1993, and to the negotiations concluded during 2004 between the European Community and Romania covering trade concessions on wine.

I hereby confirm that, following the negotiations and pending the procedure for the adoption and the entry into force of an Additional Protocol to the Europe Agreement covering wines and spirits and in order to implement the results of the negotiations on new bilateral trade concessions for certain wines, the European Community and Romania have agreed on the following which will replace the concession on wine set out in the Exchange of Letters from 2001:

1. Imports into Romania of the following products originating in the Community shall be subject to the concessions set out below. Romanian tariff code Description Annual quantity (hl) Applicable duty (% of MFN duty) ex 2204 10 ex 2204 21 ex 2204 29 Wine of fresh grapes 60 000 free

2. Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below. CN code Description Annual quantity (hl) Applicable duty ex22 04 10 ex22 04 21 ex22 04 29 Wine of fresh grapes 345 000 free

3. The rules of origin applicable under this Agreement shall be as set out in Protocol 4 of the Europe Agreement establishing an association between the European Communities and their Member States of the one part, and Romania of the other part.

4. For the purposes of this Agreement wine is as defined in point 10 of Annex I to Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine and must be produced in accordance with the rules governing the oenological practices and processes referred to in Title V and Annexes IV and V of the said Regulation and Commission Regulation (EC) No 1622/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common market organisation in wine and establishing a Community code on oenological practices and processes.

5. Imports of wine under the concessions provided for in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly, to the effect that the wine in question complies with point 4.

6. The Contracting Parties shall ensure that the trade concessions granted reciprocally are not called into question by other measures.

7. Consultations are to take place at the request of either Party on any problem relating to the way this Agreement operates.

8. 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.

9. This Agreement will be approved by the Contracting Parties in accordance with their respective procedures.

This Agreement shall enter into force on 1 January 2005 on the Community side; on the Romanian side it shall enter into force from the first day of the first month following the date on which Romania has notified the Community of the accomplishment of its internal procedure for acceptance. It shall expire on the entry into force of the Additional Protocol to the Europe Agreement on wines and spirits.

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

Adoptat la Bruxelles

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje,

Kelt Brüsszelben,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den