Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria on the provisional application of the Agreement on certain arrangements in the field of agriculture #
Date: 1993-03-15
Institutions: Austria, European Economic Community
Subjects: EFTA countries, agreement (EU), free-trade agreement, primary sector













EUR-Lex - 21993A0501(01) - EN






Avis juridique important




|



21993A0501(01)

Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria on the provisional application of the Agreement on certain arrangements in the field of agriculture  -   


Official Journal L 109 , 01/05/1993 P. 0002 





AGREEMENTin the form of an exchange of letters between  the European Economic Community and the Republic of Austria on the provisional application of the  Agreement on certain arrangements in the field of agricultureLetter No 1 Brussels, 17  March 1993. Sir, I have the honour to refer to the discussions concerning the provisional application of the  Agreement concerning certain arrangements in the field of agriculture, between the European  Economic Community and Austria, signed in Oporto on 2 May 1992, which have taken place in the  framework of the discussions on a Protocol adjusting the Agreement on the European Economic Area. I hereby confirm that these discussions have resulted in the arrangement between the European  Economic Community and Austria the text of which is set out below: 'Arrangement between the European Economic Community and the Republic of Austria in the field of  agriculture1. Taking into account the determination of the Contracting Parties to the EEA  Agreement to bring that Agreement into force by 1 July 1993, and with reference to Article 15 of  the Free Trade Agreement between the European Economic Community and the Republic of Austria, the  European Economic Community and the Republic of Austria agree that the Agreement in the form of an  exchange of letters between the European Economic Community and the Republic of Austria concerning  certain arrangements in the field of agriculture, signed in Oporto on 2 May 1992, shall be applied  provisionally as from 15 April 1993. If the EEA Agreement has not entered into force on 1 January  1994, this arrangement shall be terminated then, unless the Contracting Parties decide otherwise. 2. For the purpose of the abovementioned provisional application and pending the entry into force  of the EEA Agreement, the provisions of points 3.2, 4 and 5 of Annex VI on rules of origin of the  Agreement signed in Oporto on 2 May 1992 shall be replaced by those which are set out below: "3.2. Evidence that the conditions referred to in point 3.1 have been fulfilled shall be supplied  to the customs authorities of the importing country in accordance with Article 12 (6) of Protocol 3  of the Free Trade Agreement between the European Economic Community and the Republic of Austria  concerning the definition of the concept of originating products and methods of administrative  cooperation. 4.1. Originating products within the meaning of this Annex shall, on importation into the Community  or Austria, benefit from the Agreement upon submission of a proof of origin issued or made out in  accordance with the provisions of Title II of Protocol 3 of the Free Trade Agreement. 4.2. Notwithstanding point 4.1, the certificates referred to in Annex I to the Agreement in the  form of an exchange of letters concerning cheese, and in Annex III concerning wines respectively  shall be accepted as valid proof of origin within the meaning of this Agreement without it being  necessary to submit a separate proof of origin as specified in point 4.1. 5. The provisions of Protocol 3 of the Free Trade Agreement concerning drawback, proof of origin  and arrangements for administrative cooperation shall apply. As far as the provision concerning  drawback is concerned, it is understood that the prohibition of drawback shall apply only in  respect of materials which are of the kind to which the Free Trade Agreement applies."'This  exchange of letters shall be approved by the Contracting Parties in accordance with their own  procedures. I should be obliged if you would confirm that the Government of the Republic of Austria 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 CommunitiesLetter No 2 Brussels, 17 March 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 discussions concerning the provisional application of the  Agreement concerning certain arrangements in the field of agriculture, between the European  Economic Community and Austria, signed in Oporto on 2 May 1992, which have taken place in the  framework of the discussions on a Protocol adjusting the Agreement on the European Economic Area. I hereby confirm that these discussions have resulted in the arrangement between the European  Economic Community and Austria the text of which is set out below: "Arrangement between the European Economic Community and the Republic of Austria in the field of  agriculture1. Taking into account the determination of the Contracting Parties to the EEA  Agreement to bring that Agreement into force by 1 July 1993, and with reference to Article 15 of  the Free Trade Agreement between the European Economic Community and the Republic of Austria, the  European Economic Community and the Republic of Austria agree that the Agreement in the form of an  exchange of letters between the European Economic Community and the Republic of Austria concerning  certain arrangements in the field of agriculture, signed in Oporto on 2 May 1992, shall be applied  provisionally as from 15 April 1993. If the EEA Agreement has not entered into force on 1 January  1994, this arrangement shall be terminated then, unless the Contracting Parties decide otherwise. 2. For the purpose of the abovementioned provisional application and pending the entry into force  of the EEA Agreement, the provisions of points 3.2, 4 and 5 of Annex VI on rules of origin of the  Agreement signed in Oporto on 2 May 1992 shall be replaced by those which are set out below: '3.2. Evidence that the conditions referred to in point 3.1 have been fulfilled shall be supplied  to the customs authorities of the importing country in accordance with Article 12 (6) of Protocol 3  of the Free Trade Agreement between the European Economic Community and the Republic of Austria  concerning the definition of the concept of originating products and methods of administrative  cooperation. 4.1. Originating products within the meaning of this Annex shall, on importation into the Community  or Austria, benefit from the Agreement upon submission of a proof of origin issued or made out in  accordance with the provisions of Title II of Protocol 3 of the Free Trade Agreement. 4.2. Notwithstanding point 4.1, the certificates referred to in Annex I to the Agreement in the  form of an exchange of letters concerning cheese, and in Annex III concerning wines respectively  shall be accepted as valid proof of origin within the meaning of this Agreement without it being  necessary to submit a separate proof of origin as specified in point 4.1. 5. The provisions of Protocol 3 of the Free Trade Agreement concerning drawback, proof of origin  and arrangements for administrative cooperation shall apply. As far as the provision concerning  drawback is concerned, it is understood that the prohibition of drawback shall apply only in  respect of materials which are of the kind to which the Free Trade Agreement applies.'"This  exchange of letters shall be approved by the Contracting Parties in accordance with their own  procedures. I should be obliged if you would confirm that the Government of the Republic of Austria 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 this letter. Please accept, Sir, the assurance of my highest consideration. For the Government of the Republic of  Austria