Brussels, 19.11.2004

COM(2004) 762 final

2004/0267 (ACC)

Proposal for a

COUNCIL DECISION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

Agreements in the form of an Exchange of Letters between the European Community and the Republics of Bulgaria and Romania respectively on the reciprocal establishment of tariff quotas for certain wines were signed in November 1993 and extended by Agreements in the form of an Exchange of Letters signed in March 2001.

During May 2004, in accordance with the directives adopted by the Council taking account of the enlargement of the Community, the Commission and the two associated countries concerned concluded negotiations on new reciprocal trade 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.

Pending the conclusion and adoption of such additional Protocols and in order to implement the results of the negotiations on new bilateral trade concessions for certain wines, Agreements in the form of Exchanges of Letters between the European Community and the two associated countries concerned on reciprocal preferential trade concessions for certain wines should be adopted. The bilateral tariff concessions provided for by these two Agreements in the form of Exchanges of Letters should be identical to those of the envisaged additional Protocols to the Europe Agreements. These Agreements in the form of Exchanges of Letters should expire on the entry into force of the additional Protocols.

This Decision shall be published in the Official Journal of the European Union.

2004/0267(ACC)

Proposal for a

COUNCIL DECISION

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

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 and amended by an Agreement in the form of an Exchange of Letters[2] signed on 20 March 2001.

(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[3] was signed on 26 November 1993 and amended by an Agreement in the form of an Exchange of Letters[4] signed on 22 March 2001.

(3) In accordance with the directives issued by the Council, the Commission and the two associated countries concerned concluded negotiations on new reciprocal trade 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 bilateral trade 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 bilateral tariff concessions provided for by these two Agreements in the form of Exchanges of Letters 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) The two Agreements in the form of Exchanges of Letters with Bulgaria and Romania respectively should be approved.

(6) 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 and Romania[5] should be amended in accordance with the said transitional Agreements in the form of Exchanges of Letters.

(7) In order to facilitate the implementation of certain provisions of the 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[6],

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, as set out in Annex I 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, as set out in Annex II 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 empowered to sign the agreements in order to bind the Community.

Article 4

The Commission is hereby authorised to adopt the necessary acts for implementation of the 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 amended as follows:

(1) Article 1 is 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:

+++++ TABLE +++++

(b) Wines originating in Romania:

+++++ TABLE +++++

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 the provisions of Commission Regulation (EC) No 883/2001*.

* OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 2338/2003 (OJ L 346, 31.12.2003, p. 28)."

(2) The Annex is replaced by the text in Annex III to this Decision.

Done at Brussels,

For the Council

The President

ANNEX I

"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

A. Letter from the Community

Brussels, ………

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, 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 entering 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 concession on wine set out in the Exchange of Letters from 2001:

1. Imports into Bulgaria of the following products originating in the Community shall be subject to the concessions set out below.

+++++ TABLE +++++

2. Imports into the Community of the following products originating in Bulgaria shall be subject to the concessions set out below.

+++++ TABLE +++++

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 Bulgaria of the other part.

4. For the purposes of this agreement wine is as defined in Annex I, point 10 of 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 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 aagreement 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.

On behalf of the Council of the European Union

B. Letter from Bulgaria

Brussels, ………

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, 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 entering 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 concession on wine set out in the Exchange of Letters from 2001:

1. Imports into Bulgaria of the following products originating in the Community shall be subject to the concessions set out below.

+++++ TABLE +++++

2. Imports into the Community of the following products originating in Bulgaria shall be subject to the concessions set out below.

+++++ TABLE +++++

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 Bulgaria of the other part.

4. For the purposes of this agreement wine is as defined in Annex I, point 10 of 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 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 aagreement 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.

For the Government of the Republic of Bulgaria"

ANNEX II

"AGREEMENT

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

A. Letter from the Community

Brussels, ………

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, 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 entering 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 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.

+++++ TABLE +++++

2. Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below.

+++++ TABLE +++++

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 Annex I, point 10 of 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 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 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. 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.

On behalf of the Council of the European Union

B. Letter from Romania

Brussels, ..........

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, 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 entering 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 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.

+++++ TABLE +++++

2. Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below.

+++++ TABLE +++++

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 Annex I, point 10 of 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 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 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. 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.

For the Government of Romania"

ANNEX III

The Annex to Regulation (EC) No 933/95 is replaced by the following:

"Annex

TARIC codes

+++++ TABLE +++++

+++++ TABLE +++++

[1] OJ L 337, 31.12.1993, p. 3.

[2] OJ L 94, 4.4.2001, p. 6.

[3] OJ L 337, 31.12.1993, p. 173.

[4] OJ L 94, 4.4.2001, p. 14.

[5] 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.ㄠ⸩ȍ伉⁊⁌㜱ⰹㄠ⸴⸷㤱㤹‬⹰ㄠ‮敒畧慬楴湯愠⁳慬瑳愠敭摮摥戠 1).

[6] OJ L 179, 14.7.1999, p. 1. Regulation as last amended by the 2003 Act of Accession.