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 Romania 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: Romania, quality control of industrial products, tariff quota, trade agreement (EU), wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.02.1999
COM(1999) 79 final

99/0055 (ACC)

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 Romania 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 Romania 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 Romania on the reciprocal protection and control of wine
names, of unlimited duration.

The Council has authorised the Commission to commence negotiations with
Romania 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
Romania 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 Romania to extend the Agreement concerning tariff quotas
for certain wines have resulted in the draft exchange of letters to which this
proposal relates. This draft provides for
to be extended
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 Romania 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 Romania 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 Romania on the reciprocal establishment of tariff quotas for certain
wines was signed on 26 November 19931 and extended by an Agreement in the form
of an Exchange of Letters signed on 7 April 19982;

Whereas that Agreement is due to expire 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;

Whereas Council Regulation (EC) No 933/95 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 Romania; whereas, following the new Agreement in the form of an Exchange of
Letters, Regulation (EC) No 933/95 has to be amended accordingly;

Whereas,
in order to facilitate the implementation of certain provisions of the
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,

1

2

3

4

OJ L 337, 31.12.1993, p. 172.
OJ L 116, 18.4.1998, 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).
OJ L 84, 27.3.1987, p. 1. Regulation last amended by Regulation (EC) No 536/97 (OJ L 83,
25.3.1997, p. 5).

3

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 Romania 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.

Article 4

1.

2.

In Article 1(1) of Regulation (EC) No 933/95 the words "to 31 December
1998" are replaced by "to 31 December 1999".

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

4

«ANNEX

Taric Codes

CN code

ex 2204 10

ex 2204 21

Number

09.7001

09.7003

09.7005

ex 2204 29

09.7007

ex 2204 29

09.7009

ex 2204 10

5

Taric code

2204 10 19 91
2204 10 99 91

2204 21 79 79
2204 21 79 80
2204 21 80 79
2204 21 80 80
2204 21 83 10
2204 21 83 79
2204 21 83 80
2204 21 84 10
2204 21 84 79
2204 21 84 80
2204 21 94 10
2204 21 94 30
2204 21 98 10
2204 21 98 30
2204 21 99 10

2204 29 65 00
2204 29 75 10
2204 29 83 10
2204 29 83 80
2204 29 84 10
2204 29 84 30
2204 29 94 10
2204 29 94 30
2204 29 98 10
2204 29 98 30
2204 29 99 10

2204 29 65 00
2204 29 75 10
2204 29 83 10
2204 29 83 80
2204 29 84 10
2204 29 84 30
2204 29 94 10
2204 29 94 30
2204 29 98 10
2204 29 98 30
2204 29 99 10

2204 10 19 91
2204 10 99 91

09.7011

ex 2204 21

09.7013

ex 2204 10

ex 2204 21

ex 2204 29

6

2204 21 79 79
2204 21 79 80
2204 21 80 79
2204 21 80 80
2204 21 83 10
2204 21 83 79
2204 21 83 80
2204 21 84 10
2204 21 84 79
2204 21 84 80
2204 21 94 10
2204 21 94 30
2204 21 98 10
2204 21 98 30
2204 21 99 10

2204 10 19 91
2204 10 19 99
2204 10 99 91
2204 10 99 99

2204 21 79 79
2204 21 79 80
2204 21 80 79
2204 21 80 80
2204 21 83 10
2204 21 83 79
2204 21 83 80
2204 21 84 10
2204 21 84 79
2204 21 84 80
2204 21 94 10
2204 21 94 30
2204 21 98 10
2204 21 98 30
2204 21 99 10

2204 29 65 00
2204 29 75 10
2204 29 83 10
2204 29 83 80
2204 29 84 10
2204 29 84 30
2204 29 94 10
2204 29 94 30
2204 29 98 10
2204 29 98 30
2204 29 99 10»

Article 5

In Article 1(1) of Regulation (EC) No 933/95 the table under (c) 'Wines originating in
Romania' is replaced by the following table:

Number

CN code

Description

Quota volume for 1999

(1)

(2)

09.7013

ex 2204 10
ex 2204 21
ex 2204 29

Wine of fresh grapes, including
sparkling wine and liqueur wine

(hl)

178 880

in-quota-rate
(% of basic
duty)

40

Article 6

This Regulation shall enter into force on the day following 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

7

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

A. Letter from the Community

Brussels,………………..

Sir,

I have the honour to refer to the Agreement of 26 November 1993 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 to the negotiations which have
taken place between the European Community and Romania with a view to extending
the Agreement beyond 31 December 1998.

I hereby confirm that as a result of the negotiations the European Community and
Romania have agreed on the following:

I.

THE TABLE BELOW IS ADDED TO THE ANNEX TO THE SAID AGREEMENT:

” Quantities of wine originating in Romania and qualifying for tariff
reductions in 1999

CN code

Description

ex 2204 10
ex 2204 21
ex 2204 29

Wine of fresh grapes,
including sparkling
wine and liqueur wine

Quantity in
hectolitres

178 880”

II.

THE FOLLOWING IS ADDED AT THE END OF POINT 3(A) OF THE SAID
AGREEMENT:

"- in 1999: 75% of the basic duty but not exceeding 18.75% ad valorem;

In addition, in order to ensure optimal utilisation of the tariff quota opened
by Romania for certain wines originating in the Community, the detailed
provisions for management of the tariff quota by the Romanian authorities
are to be amended by increasing the individual limit."

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

8

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. In addition, the additional protocol to the Europe Agreement will
lay down detailed rules for cooperation between Romania and the European
Community to support the implementation of a programme under which Romania will
adopt the 'acquis communautaire' relating to wine and spirits, particularly as regards
reinforcing inspection structures and controlling production in the winegrowing sector
(including the establishment of a vineyard 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

9

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 26 November 1993 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 to the negotiations which have
taken place between the European Community and Romania with a view to extending
the Agreement beyond 31 December 1998.

I hereby confirm that as a result of the negotiations the European Community and
Romania have agreed on the following:

I.

THE TABLE BELOW IS ADDED TO THE ANNEX TO THE SAID AGREEMENT:

”Quantities of wine originating in Romania and qualifying for tariff
reductions in 1999

CN code

Description

ex 2204 10
ex 2204 21
ex 2204 29

Wine of fresh grapes,
including sparkling
wine and liqueur wine

Quantity in
hectolitres

178 880”

II.

THE FOLLOWING IS ADDED AT THE END OF POINT 3(A) OF THE SAID
AGREEMENT:

” - in 1999: 75% of the basic duty but not exceeding 18.75% ad valorem;

In addition, in order to ensure optimal utilisation of the tariff quota opened
by Romania for certain wines originating in the Community, the detailed
provisions for management of the tariff quota by the Romanian authorities
are to be amended by increasing the individual limit."

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

10

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. In addition, the additional protocol to the Europe Agreement will
lay down detailed rules for cooperation between Romania and the European
Community to support the implementation of a programme under which Romania will
adopt the 'acquis communautaire' relating to wine and spirits, particularly as regards
reinforcing inspection structures and controlling production in the winegrowing sector
(including the establishment of a vineyard 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 Romania

11