Council Regulation (EC) No 388/2000 of 24 January 2000 concerning the conclusion of Agreements in the form of Exchanges of Letters amending the Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria, the Republic of Hungary 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: 2000-01-24
Institutions: Council of the European Union
Subjects: Bulgaria, Hungary, Romania, agreement (EU), tariff quota, wine

L 49/4

EN

Official Journal of the European Communities

22. 2. 2000

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 388/2000

of 24 January 2000

concerning the conclusion of Agreements in the form of Exchanges of Letters amending the
Agreements in the form of Exchanges of Letters between the European Community and the
Republic of Bulgaria, the Republic of Hungary 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 133, in conjunction with
the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 extended by an Agreement
in the form of an
Exchange of Letters (2) signed on 18 June 1999.

An Agreement in the form of an Exchange of Letters
between the European Community and the Republic of
Hungary on the reciprocal establishment of tariff quotas
for certain wines (3) was signed on 29 November 1993
and extended by an Agreement
in the form of an
Exchange of Letters (4) signed on 29 July 1999.

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
signed on 26 November 1993 and
wines (5) was
extended by an Agreement in the form of an Exchange
of Letters (6) signed on 17 June 1999.

These three Agreements are due to expire on 31
December 1999.

In order to preserve reciprocal preferential treatment and
to continue to promote the development of trade in
wine, the three Agreements should be extended until 31
December 2000.

Council Regulation (EC) No 933/95 of 10 April 1995
opening and providing for
administration of
Community tariff quotas for certain wines originating in

the

(1) OJ L 337, 31.12.1993, p. 3.
(2) OJ L 172, 8.7.1999, p. 3.
(3) OJ L 337, 31.12.1993, p. 83.
(4) OJ L 212, 12.8.1999, p. 3.
(5) OJ L 337, 31.12.1993, p. 173.
(6) OJ L 172, 8.7.1999, p. 10.

Bulgaria, Hungary and Romania (7) opened tariff quotas
for certain wines in accordnce with the Agreements in
the form of Exchange of Letters between the European
Community and the Republic of Bulgaria, the Republic
of Hungary and Romania; Regulation (EC) No 933/95
should now be amended to take account of the new
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 83 of Council Regulation (EC) No 822/
87 of 16 March 1987 on the common organisation of
the market in wine (8),

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

The text of
(Annex 1).

the Agreement

is attached to this Regulation

Article 2

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

(7) OJ L 96, 28.4.1995, p. 1. Regulation as last amended by Regulation

(EC) No 1774/1999 (OJ L 212, 12.8.1999, p. 1).

(8) OJ L 84, 27.3.1987, p. 1. Regulation as last amended by Regulation

(EC) No 1677/1999 (OJ L 199, 30.7.1999, p. 8).

22. 2. 2000

EN

Official Journal of the European Communities

L 49/5

The text of
(Annex 2).

the Agreement

is attached to this Regulation

Article 4

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

Article 5

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 recri-
procal establishment of tariff quotas for certain wines is hereby
approved on behalf of the Community.

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

Article 6

The text of
(Annex 3).

the Agreement

is attached to this Regulation

Article 1(1) of Regulation (EC) No 933/95 shall be replaced by
the following:

‘From 1 January 2000 to 31 December 2000, and without prejudice to paragraph 2, the customs duties applicable on importation of
the following products originating in Bulgaria, Hungary 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:

Serial No

CN code (1)

Description (2)

Quota volume
(1.1 to 31.12.2000)
(hl)

Quota duty
(% of basic duty)

09.7001

ex 2204 10

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

1 800

09.7003

ex 2204 21

Quality wine,

including quality wine with a designation of origin

467 630

09.7005

ex 2204 29

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

128 000

40

40

40

(1) See attached TARIC codes.
(2) 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.

(b) Wines originating in Hungary:

Serial No

CN code (1)

Description (2)

Quota volume
(1.1 to 31.12.2000)
(hl)

Quota duty
(% of basic duty)

09.7007

ex 2204 29 Wine of fresh grapes

113 460

exemption

09.7009

ex 2204 10

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

3 900

exemption

09.7011

ex 2204 21

Quality wine, including wine of superior quality and quality wine
bearing the geographical
indication “Tokaj” and wine bearing the
name “Tájbor”

231 930

exemption

(1) See attached TARIC codes.
(2) 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.

L 49/6

EN

Official Journal of the European Communities

22. 2. 2000

(c) Wines originating in Romania:

Serial No

CN code (1)

Description (2)

Quota volume
(1.1 to 31.12.2000)
(hl)

Quota duty
(% of basic duty)

09.7013

ex 2204 10
ex 2204 21
ex 2204 29

Wine of fresh grapes,

including sparkling wine and liqueur wine

188 880

40

(1) See attached TARIC codes.
(2) 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.’

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 2000.

Article 7

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

Done at Brussels, 24 January 2000.

For the Council

The President

J. GAMA

22. 2. 2000

EN

Official Journal of the European Communities

L 49/7

ANNEX 1

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, 8 February 2000

Sir,

I have the honour to refer to the Agreement of 29 November 1993 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 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 1999.

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

I. The tables below shall be added to the Annex to the said Agreement:

‘Quantities of wine originating in the Community and qualifying for tariff reductions in 2000

Bulgarian customs
tariff code

ex 2204 21
ex 2204 29

ex 2204 10

Description

Wine of fresh grapes

Quantity in
hectolitres

71 400

Quality sparkling wine whether or not produced in specified regions, in
containers holding not more than 2 litres

1 700

Quantities of wine originating in Bulgaria and qualifying for tariff reductions in 2000

CN code

Description

Quantity in
hectolitres

ex 2204 21

Quality wine,

including quality wine with a designation of origin

467 630

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

ex 2204 10

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

1 800’

II. The following shall be added at the end of point 3(a) of the said Agreement:

‘— in 2000, EUR 15 per hectolitre.’

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their respective
procedures.

L 49/8

EN

Official Journal of the European Communities

22. 2. 2000

This Agreement shall enter into force on 1 January 2000. It shall expire on 31 December 2000. During the
first half of 2000, negotiations will take place with a view to concluding an additional Protocol to the
Europe Agreement covering both wines and spirits. The additional Protocol to the Europe Agreement will
also lay down detailed rules for cooperation between Bulgaria and the European Community to support the
implementation of a programme under which Bulgaria will progressively adopt the acquis communautaire
relating to wine and spirits, particularly as regards reinforcing inspection structures and controlling wine
production (including the establishment of a vineyard register).

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

22. 2. 2000

EN

Official Journal of the European Communities

L 49/9

B. Letter from Bulgaria

Brussels, 8 February 2000

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 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 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
1999.

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

I. The tables below shall be added to the Annex to the said Agreement:

“Quantity of wine originating in the Community and qualifying for tariff reductions in 2000

Bulgarian customs
tariff code

ex 2204 21
ex 2204 29

ex 2204 10

Description

Wine of fresh grapes

Quantity in
hectolitres

71 400

Quality sparkling wine whether or not produced in specified
in containers holding not more than 2 litres
regions,

1 700

Quantities of wine originating in Bulgaria and qualifying for tariff reductions in 2000

CN code

Description

Quantity in
hectolitres

ex 2204 21

Quality wine, including quality wine with a designation or origin

467 630

ex 2204 29

Quality wine, including quality wine with a designation of origin,
and wine obtained from grapes of the “Gamza” vine variety desig-
nated and presented under that name or under the synonym
“Kadarka”

128 000

ex 2204 10

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

1 800”

II. The following shall be added at the end of point 3(a) of the said Agreement:

“— in 2000, EUR 15 per hectolitre.”

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their
respective procedures.

L 49/10

EN

Official Journal of the European Communities

22. 2. 2000

This Agreement shall enter into force on 1 January 2000. It shall expire on 31 December 2000. During
the first half of 2000, negotiations will take place with a view to concluding an additional Protocol to
the Europe Agreement covering both wines and spirits. The additional Protocol to the Europe Agree-
ment will also lay down detailed rules for cooperation between Bulgaria and the European will
progressively adopt
the acquis communautaire relating to wine and spirits, particularly as regards
reinforcing inspection structures and controlling wine production (including the establishment of a
vineyard register).

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

22. 2. 2000

EN

Official Journal of the European Communities

L 49/11

ANNEX 2

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 Hungary on the reciprocal establishment of tariff quotas for certain wines

A. Letter from the Community

Brussels, 3 February 2000

Sir,

I have the honour to refer to the Agreement of 29 November 1993 in the form of an Exchange of Letters
between the European Community and the Republic of Hungary 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 Hungary with a view to extending the Agreement beyond 31 December 1999.

I hereby confirm that, following the negotiations, the European Community and the Republic of Hungary
have agreed on the following:

I. Table 1 in the Annex to the said Agreement shall be replaced by the following:

‘Quantities of wine originating in the Community and qualifying for tariff reductions in 2000

Hungarian customs
tariff code

Description

ex 2204 21

Wine of fresh grapes

ex 2204 29

ex 2204 10

Quality sparkling wine whether or not produced in specified regions, in
containers holding not more than 2 litres

Quantity in
hectolitres

55 670

63 500

3 540’

II. Table 2 in the Annex to the said Agreement shall be replaced by the following:

‘Quantities of wine originating in Hungary and qualifying for tariff reductions in 2000

CN code

ex 2204 21

Quality wine,
including wine of superior quality and quality wine
bearing the geographical indication “Tokaj” and wine bearing the name
“Tajbor”

Description

Quantity in hectolitres

231 930

113 460

ex 2204 29

Wine of fresh grapes

ex 2204 10

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

3 900’

III. The following shall be added at the end of point 3(a) of the said Agreement:

‘— in 2000, exemption from countries duties.’

IV. The following shall be added at the end of point 3(b) of the said Agreement:

‘— in 2000, exemption from customs duties.’

L 49/12

EN

Official Journal of the European Communities

22. 2. 2000

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their respective
procedures.

This Agreement shall enter into force on the day of its signature. It shall apply from 1 January 2000, in
accordance with the respective legislation and regulations of the Contracting Parties. It shall expire on 31
December 2000. During the first half of 2000, 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 for cooperation between Hungary and the
European Community to support the implementation of a programme for progressive application by
Hungary of the acquis communautaire in the field of wine and spirits, particularly as regards reinforcing the
supply management and control instruments 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 content of this
letter.

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

On behalf of the Council of the European Union

22. 2. 2000

EN

Official Journal of the European Communities

L 49/13

B. Letter from the Republic of Hungary

Brussels, 3 February 2000

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 in the form of an Exchange of
Letters between the European Community and the Republic of Hungary 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 Hungary with a view to extending the Agreement beyond 31
December 1999.

I hereby confirm that, following the negotiations, the European Community and the Republic of
Hungary have agreed on the following:

I. Table 1 in the Annex to the said Agreement shall be replaced by the following:

“Quantities of wine originating in the Community and qualifying for tariff reductions in 2000

Hungarian customs
tariff code

Description

Quantity in hectolitres

ex 2204 21

Wine of fresh grapes

ex 2204 29

ex 2204 10

Quality sparkling wine whether or not produced in specified
in containers holding not more than 2 litres
regions,

55 670

63 500

3 540”

II. Table 2 in the Annex to the said Agreement shall be replaced by the following:

“Quantities of wine originating in Hungary and qualifying for tariff reductions in 2000

CN code

ex 2204 21

Quality wine, including wine of superior quality and quality wine
bearing the geographical indication “Tokaj” and wine bearing the
name “Tajbor”

Description

Quantity in hectolitres

231 930

113 460

ex 2204 29

Wine of fresh grapes

ex 2204 10

Quality sparkling wine,
litres

in containers holding not more than 2

3 900”

III. The following shall be added at the end of point 3(a) of the said Agreement:

“— in 2000, exemption from customs duties.”

IV. The following shall be added at the end of point 3(b) of the said Agreement:

“— in 2000, exemption from customs duties.”

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their
respective procedures.

L 49/14

EN

Official Journal of the European Communities

22. 2. 2000

This Agreement shall enter into force on the day of its signature. It shall apply from 1 January 2000, in
accordance with the respective legislation and regulations of the Contracting Parties. It shall expire on
31 December 2000. During the first half of 2000, 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 for cooperation between
Hungary and the European Community to support the implementation of a programme for progressive
application by Hungary of the acquis communautaire in the field of wine and spirits, particularly as
regards reinforcing the supply management and control
instruments 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 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 Hungary

22. 2. 2000

EN

Official Journal of the European Communities

L 49/15

ANNEX 3

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, 11 February 2000

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 1999.

I hereby confirm that, following the negotiations, the European Community and Romania have agreed on
the following:

I. The table below shall be added to the Annex to the said Agreement:

‘Quantities of wine originating in Romania and qualifying for tariff reductions in 2000

Description

Quantity in
hectolitres

Wine of fresh grapes,

including sparkling wine and liqueur wine

188 880’

CN code

ex 2204 10
ex 2204 21
ex 2204 29

II. The following shall be added at the end of point 3(a) of the said Agreement:

‘— in 2000: 75 % of the basic duty but not exceeding 10 % ad valorem.’

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 2000. It shall expire on 31 December 2000. During the
first half of 2000, negotiations will take place with a view to concluding an additional Protocol to the
Europe Agreement covering both wines and spirits. The additional Protocol to the Europe Agreement will
also 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 wine production
(including the establishment of a vineyard register).

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

L 49/16

EN

Official Journal of the European Communities

22. 2. 2000

B. Letter from Romania

Brussels, 11 February 2000

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 1999.

I hereby confirm that, following the negotiations, the European Community and Romania have agreed
on the following:

I. The table below shall be added to the Annex to the said Agreement:

“Quantities of wine originating in Romania and qualifying for tariff reductions in 2000

Description

Quantity in
hectolitres

Wine of fresh grapes, including sparkling wine and liqueur wine

188 880”

CN code

ex 2204 10
ex 2204 21
ex 2204 29

II. The following shall be added at the end of point 3(a) of the said Agreement:

“— in 2000: 75 % of the basic duty but not exceeding 10 % ad valorem.”

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 2000. It shall expire on 31 December 2000. During
the first half of 2000, negotiations will take place with a view to concluding an additional Protocol to
the Europe Agreement covering both wines and spirits. The additional Protocol to the Europe Agree-
ment will also 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 communau-
taire relating to wine and spirits, particularly as regards reinforcing inspection structures and controlling
wine production (including the establishment of a vineyard register).

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