Proposal for a Council Regulation (EC) concerning the conclusion of an 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 Bulgaria on the reciprocal establishment of tariff quotas for certain wines, and amending Regulation (EC) No 933/95 opening and providing for the administration of Community tariff quotas for certain wines
Date: 1999-02-23
Institutions: European Commission
Subjects: Bulgaria, agreement (EU), tariff quota, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.03.1999
COM(1999)77 final/2
99/0063(ACC)

CORRIGENDUM
Nouvelle page de couverture
(acronyme). Concerne les onze
versions linguistiques.

Proposal for a

COUNCIL REGULATION (EC)

concerning the conclusion of an 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 Bulgaria on the reciprocal establishment of tariff
quotas for certain wines, and amending Regulation (EC) No 933/95 opening and
providing for the administration of Community tariff quotas for certain wines

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

2.

3.

4.

In 1993, the European Community concluded an Agreement with Bulgaria on
the reciprocal establishment of tariff quotas for certain wines. This Agreement,
which was to run initially until 31 December 1997, was extended until
31 December 1998. In 1993 the European Community also concluded an
Agreement with Bulgaria on the reciprocal protection and control of wine names,
of unlimited duration.

The Council has authorised the Commission to commence negotiations with
Bulgaria with a view to concluding a new agreement in the form of an additional
protocol to the Europe Agreement, to replace the two above Agreements with a
scope extended to include spirits. Pending the conclusion of these negotiations,
the Council has also authorised the Commission to commence negotiations with
Bulgaria with a view to extending the Agreement on the reciprocal establishment
of tariff quotas for certain wines for a further year so as to preserve reciprocal
preferential treatment after 31 December 1998.

The negotiations with Bulgaria to extend the Agreement concerning tariff quotas
for certain wines have resulted in the draft exchange of letters to which this
to be extended
proposal relates. This draft provides for
provisionally for a further year from 1 January 1999, pending the conclusion of
the negotiations for an additional protocol to the Europe Agreement.

the Agreement

The purpose of this proposal is to ask the Council to adopt the results of the
negotiation with Bulgaria as set out in the attached draft exchange of letters and
the measures needed to implement them, including the amendment of Council
Regulation (EC) No 933/95.

2

Proposal for a

COUNCIL REGULATION (EC)

concerning the conclusion of an 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 Bulgaria on the reciprocal establishment of tariff
quotas for certain wines, and amending Regulation (EC) No 933/95 opening and
providing for the administration of Community tariff quotas for certain wines

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 113 in conjunction with the first sentence of Article 228(2) thereof,

Having regard to the proposal from the Commission,

Whereas an Agreement in the form of an Exchange of Letters between the European
Community and Bulgaria on the reciprocal establishment of tariff quotas for certain
wines was signed on 29 November 19931 and extended by an Agreement in the form
of an Exchange of Letters signed on 19 March 19982;

Whereas that Agreement expires on 31 December 1998;

Whereas in order to preserve reciprocal preferential treatment and to continue to
promote the development of trade in wine the Agreement should be extended until
31 December 1999;

Whereas 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 Romania3 opened tariff quotas for certain wines in accordance
with the Agreement in the form of an Exchange of Letters between the European
Community and Bulgaria; whereas, following the new Agreement in the form of an
Exchange of Letters, Regulation (EC) No 933/95 has to be amended accordingly;

1

2

3

OJ L 337, 31.12.1993, p. 1.
OJ L 96, 28.3.1998, p. 1.
OJ L 96, 28.4.1995, p. 1. Regulation last amended by Regulation (EC) No 813/98 (OJ L 116,
18.4.1998, p. 1).

3

in order to facilitate the implementation of certain provisions of the
Whereas,
Agreement, the Commission should be authorised to adopt the necessary legislation
for implementation of the Agreement in accordance with the procedure laid down in
Article 83 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common
organisation of the market in wine4,

HAS ADOPTED THIS REGULATION:

Article 1

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 Bulgaria on
the reciprocal establishment of tariff quotas for certain wines is hereby approved on
behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorised to designate the person empowered
to sign the Agreement in order to bind the Community.

Article 3

The Commission is hereby authorised to adopt the necessary acts for implementation
of the Agreement, in accordance with the procedure laid down in Article 83 of
Regulation (EEC) No 822/87.

4

OJ L 84, 27.3.1987, p. 1. Regulation last amended by Regulation (EC) No 1627/98 (OJ L 210,
28.7.1998, p. 8).

4

Article 4

In Article 1(1) of Regulation (EC) No 933/95 the table under (a) “Wines originating
in Bulgaria” is replaced by the following table:

“Order
No

CN code
(1)

Description
(2)

Volume of quota
(hectolitres)

Rate of duty
applicable
(% of basic)

09.7001

ex 2204 10

Quality sparkling wine, in containers holding not
more than 2 litres

1 700 (1.1 -31.12.1999)

09.7003

ex 2204 21

Quality wine, including quality wine with a
designation of origin

434 430 (1.1 - 31.12.1999)

40

40

09.7005

ex 2204 29

Quality wine, including quality wine with a
designation of origin, and wine obtained from
grapes of the ‘Gamza’ vine variety designated and
presented under that name or under the synonym
‘Kadarka’

128 000 (1.1 - 31.12.1999)

40”

Article 5

This Regulation shall enter into force on the day following that of its publication in
the Official Journal of the European Communities.

It shall apply from 1 January 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels,

For the Council
The President

5

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

A. Letter from the Community

Brussels,…………..

Sir,

I have the honour to refer to the Agreement of 29 November 1993 between the European
Community and the Republic of Bulgaria on the reciprocal establishment of tariff quotas for
certain wines and to the negotiations which have taken place between the European Community
and the Republic of Bulgaria with a view to extending the Agreement beyond 31 December
1998.

I hereby confirm that the European Community and the Republic of Bulgaria have agreed on the
following:

I.

TABLE 1 IN THE ANNEX TO THE SAID AGREEMENT IS REPLACED BY THE
FOLLOWING TABLE:

“Quantities of wine originating in the Community and qualifying for tariff reductions

Bulgarian
customs
tariff code

ex 2204 21

ex 2204 29

ex 2204 10

Description

1993
hl

1994
hl

1995
hl

1996
hl

1997
hl

1998
hl

1999
hl

Wine of fresh grapes

42 000

46 200

50 400

54 600

58 800

63 000

67 200

Quality sparkling wine whether or
not produced in specified regions,
in containers holding not more
than two litres

1 000

1 100

1 200

1 300

1 400

1 500

1 600”

6

II.

TABLE 2 IN THE ANNEX TO THE SAID AGREEMENT IS REPLACED BY THE
FOLLOWING TABLE:

“Quantities of wine originating in Bulgaria and qualifying for tariff reductions

CN code

Description

1993
hl

1994
hl

1995
hl

1996
hl

1997
hl

1998
hl

1999
hl

ex 2204 21 Quality wine, including

214 000

247 000

280 400

313 600

346 800

401 230

434 430

quality wine with a
designation of origin

ex 2204 29 Quality wine, including

118 000

118 000

118 000

118 000

118 000

128 000

128 000

quality wine with a
designation of origin, and
wine obtained from grapes
of the ‘Gamza’ vine variety
designated and presented
under that name or under
the synonym ‘Kadarka’

ex 2204 10 Quality sparkling wine, in

1 000

1 100

1 200

1 300

1 400

1 600

containers holding not more
than 2 litres

1 700”

III.

POINT 3(A) OF THE SAID AGREEMENT IS REPLACED BY THE FOLLOWING:

“ in the case of duties applied by Bulgaria to imports of wine originating in the Community:

-

-

-

-

in 1993: 90% of the basic duty,

in 1994: 80% of the basic duty,

in 1995 and subsequent years: 70% of the basic duty but not exceeding 28% ad
valorem;

in 1999, 15 EUR per hectolitre.”

This exchange of letters shall be approved by the contracting Parties in accordance with their
respective procedures.

This Agreement shall enter into force on 1 January 1999. It shall expire on 31 December 1999.
During the first half of 1999 negotiations will take place with a view to concluding an additional
protocol to the Europe Agreement covering both wines and spirits. Moreover, the additional
Protocol to the Europe Agreement will define the modalities of a co-operation between Bulgaria
and the European Community to support the implementation of a programme for progressive
adoption by Bulgaria of the “acquis communautaire” in the field of wine and spirits, particularly
as regards reinforcing the supply management and control instruments in the wine sector
(including the establishment of a wine register).

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

7

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 29 November 1993 between the
European Community and the Republic of Bulgaria on the reciprocal establishment of
tariff quotas for certain wines and to the negotiations which have taken place between
the European Community and the Republic of Bulgaria with a view to extending the
Agreement beyond 31 December 1998.

I hereby confirm that the European Community and the Republic of Bulgaria have
agreed on the following:

I.

TABLE 1 IN THE ANNEX TO THE SAID AGREEMENT IS REPLACED BY THE
FOLLOWING TABLE:

“Quantities of wine originating in the Community and qualifying for tariff reductions

Bulgarian
customs
tariff code

ex 2204 21

ex 2204 29

ex 2204 10

Description

1993
hl

1994
hl

1995
hl

1996
hl

1997
hl

1998
hl

1999
hl

Wine of fresh grapes

42 000

46 200

50 400

54 600

58 800

63 000

67 200

Quality sparkling wine whether or
not produced in specified regions,
in containers holding not more
than two litres

1 000

1 100

1 200

1 300

1 400

1 500

1 600”

8

II.

TABLE 2 IN THE ANNEX TO THE SAID AGREEMENT IS REPLACED BY THE
FOLLOWING TABLE:

“Quantities of wine originating in Bulgaria and qualifying for tariff reductions

CN code

Description

1993
hl

1994
hl

1995
hl

1996
hl

1997
hl

1998
hl

1999
hl

ex 2204 21 Quality wine, including

214 000

247 000

280 400

313 600

346 800

401 230

434 430

quality wine with a
designation of origin

ex 2204 29 Quality wine, including

118 000

118 000

118 000

118 000

118 000

128 000

128 000

quality wine with a
designation of origin, and
wine obtained from grapes
of the ‘Gamza’ vine variety
designated and presented
under that name or under
the synonym ‘Kadarka’

ex 2204 10 Quality sparkling wine, in

1 000

1 100

1 200

1 300

1 400

1 600

containers holding not more
than 2 litres

1 700”

III.

POINT 3(A) OF THE SAID AGREEMENT IS REPLACED BY THE FOLLOWING:

“in the case of duties applied by Bulgaria to imports of wine originating in the Community:

-

-

-

-

in 1993: 90% of the basic duty,

in 1994: 80% of the basic duty,

in 1995 and subsequent years: 70% of the basic duty but not exceeding 28% ad
valorem;

in 1999, 15 EUR per hectolitre.”

This exchange of letters shall be approved by the contracting Parties in accordance with their
respective procedures.

This Agreement shall enter into force on 1 January 1999. It shall expire on 31 December 1999.
During the first half of 1999 negotiations will take place with a view to concluding an additional
protocol to the Europe Agreement covering both wines and spirits. Moreover, the additional
Protocol to the Europe Agreement will define the modalities of a co-operation between Bulgaria
and the European Community to support the implementation of a programme for progressive
adoption by Bulgaria of the “acquis communautaire” in the field of wine and spirits, particularly
as regards reinforcing the supply management and control instruments in the wine sector
(including the establishment of a wine register).

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 the Republic of Bulgaria

9