Proposal for a Council Decision on the conclusion of an Additional Protocol to the Interim Agreement between the European Community and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines and spirits, the reciprocal recognition, protection and control of wine names  and the reciprocal recognition, protection and control of designations  for spirits and aromatised drinks
Date: 2001-08-29
Institutions: European Commission
Subjects: European Association Agreement, North Macedonia, alcoholic beverage, generalised preferences, product designation, protocol to an agreement, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.8.2001
COM(2001) 492 final

2001/0198 (ACC)

Proposal for a

COUNCIL DECISION

on the conclusion of an Additional Protocol to the Interim Agreement between the
European Community and their Member States, of the one part, and the Former
Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of
the negotiations between the parties on reciprocal preferential concessions for certain
wines and spirits, the reciprocal recognition, protection and control of wine names
and the reciprocal recognition, protection and control of designations
for spirits and aromatised drinks

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

The Former Yugoslav Republic of Macedonia, the other former Yugoslav Republics
and Albania (since 2000) benefit from a duty-free access to the EU market for certain
wines in the form of a global quota of 545 000 hl. This quota is granted by the
European Community by means of an autonomous measure most recently renewed
by Council Regulation (EC) No 2007/2000 of 18 September 2000 and as amended by
Council Regulation (EC) No 2563/2000 of 20 November 2000. Exports of wine from
the European Union to the Former Yugoslav Republic of Macedonia do not benefit
from preferential concessions.

On 11 March 1998, the Council authorised the Commission to enter into negotiations
with the Former Yugoslav Republic of Macedonia on a wine agreement with the
following negotiation guidelines for:

–

–

–

a bilateral trade agreement on wine providing for reciprocal concessions to
distribute the unilateral global quota of 545 000 hl allocated to States which
had previously formed part of the former Socialist Federative Republic of
Yugoslavia and Albania,

an agreement on reciprocal recognition, protection and control of wine names,

an agreement on reciprocal recognition, protection and control of designations
of spirits and aromatised drinks.

On 24 January 2000 the Council authorised the Commission to enter
into
negotiations for a Stabilisation and Association Agreement with the Former
Yugoslav Republic of Macedonia. Article 27(4) of the Stabilisation and Association
Agreement, which was initialled on 24 November 2000 and signed by Exchange of
Letters in Luxembourg on 9 April 2001, provides that the trade arrangements to
apply to wine and spirits products should be defined.

Pending the completion of the procedures necessary for the entry into force of the
Stabilisation and Association Agreement, the provisions relating to trade and trade
related matters have been put into effect by means of an Interim Agreement between
the Community and the Former Yugoslav Republic of Macedonia, which entered
into force on 1 June 2001. Article 14(4) of the Interim Agreement repeats the
commitment to a wine and spirits agreement.

On 20 June 2001 and in accordance with the directives adopted by the Council, the
Commission and the Former Yugoslav Republic of Macedonia reached an agreement
on a Protocol on wine and spirits regarding the new preferential trade regime and
reciprocal protection and control of wine names and spirits designations. It
is
foreseen that the Protocol, composed of three agreements should enter into force on
1 January 2002. In order to ensure consistency within the overall stabilisation
process, the results of these negotiations on wines and spirits should be integrated
into the framework of the Stabilisation and Association Agreement and of the
Interim Agreement
in the form of an Additional Protocol. Regulation (EC)
No 2007/2000 of 18 September 2000, as last amended by Regulation (EC)
No 2563/2000 of 20 November 2000, will have to be amended accordingly to take
account of
the yearly quota allocated to the Former Yugoslav Republic of
Macedonia.

2

6.

The purpose of this proposal is to ask the Council to approve these agreements with
the Former Yugoslav Republic of Macedonia in the form of an Additional Protocol
to the Stabilisation and Association Agreement and to the Interim Agreement which
entered into force on 1 June 2001.

7.

The Council is requested to adopt the proposed Decision.

3

2001/0198 (ACC)

Proposal for a

COUNCIL DECISION

on the conclusion of an Additional Protocol to the Interim Agreement between the
European Community and their Member States, of the one part, and the Former
Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of
the negotiations between the parties on reciprocal preferential concessions for certain
wines and spirits, the reciprocal recognition, protection and control of wine names
and the reciprocal recognition, protection and control of designations
for spirits and aromatised drinks

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),
and Article 300(4) thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

The Stabilisation and Association Agreement, establishing an association between the
European Communities and their Member States, of the one part, and the Former
Yugoslav Republic of Macedonia, of the other part, (hereinafter referred to as the
Stabilisation and Association Agreement), was initialled on 24 November 2000 and
signed by Exchange of Letters in Luxembourg on 9 April 2001. Article 27(4) of the
Stabilisation and Association Agreement provides that the trade arrangements to apply
to wine and spirits products still ought to be defined.

An Interim Agreement which ensures the development of trade links through the
establishment of a contractual relation and which implements the provision of the
Stabilisation and Association Agreement on trade and trade-related matters, entered
into force 1 June 2001. Article 14(4) of
repeats the
commitment to a separate wine and spirits agreement.

the Interim Agreement

In accordance with the Directives adopted by the Council on 11 March 1998, the
Commission and the Former Yugoslav Republic of Macedonia reached agreement on
20 June 2001 on new reciprocal trade concessions for certain wines and on the
reciprocal recognition, protection and control of wine names and spirits designations.
In order to ensure consistency within the overall stabilisation process, the results of
these negotiations should be integrated into the framework of the Stabilisation and
Association Agreement in the form of an Additional Protocol.

1

OJ C , p. .

4

(4)

(5)

(6)

Provisions to adopt the implementing Regulations on preferential trade concessions
provided for certain wines, should be made by the Commission, assisted by the
Customs Code Committee set up by Article 248a of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code2, notwithstanding Article 62
of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common
in wine3. The Commission shall make the necessary
organisation of the market
amendments and technical adaptations to the implementing Regulations which might
result from new preferential agreements, protocols, Exchanges of Letters or other acts
concluded between the European Community and the Former Yugoslav Republic of
Macedonia, or which are necessary following the changes to the Combined
Nomenclature and Taric codes.

In order to facilitate the implementation of certain provisions of the Protocol, the
Commission should be authorised to approve, on behalf of the Community, decisions
establishing or amending the Annexes and Protocols to the Agreement on reciprocal
recognition, protection and control of wine names (Annex 2 to the Protocol) and the
Agreement on reciprocal recognition, protection and control of designations of spirits
and aromatised drinks (Annex 3 to the Protocol). In adopting these acts,
the
Commission should be assisted by the Management Committee for Wine instituted by
Article 74 of Regulation (EC) No 1493/1999 respectively by the Implementation
Committee for Spirit Drinks instituted by Article 13 of Council Regulation (EEC)
No 1576/89 of 29 May 1989 laying down general rules on the definition, description
and presentation of spirit drinks4.

Since the measures necessary for the implementation of this Decision are management
measures within the meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise of implementing powers
conferred on the Commission5, they should be adopted by use of the management
procedure provided for in Article 4 of that Decision.

HAS DECIDED AS FOLLOWS:

Article 1

The “Additional Protocol to the Interim Agreement between the European Communities and
their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the
other part, to take account of the outcome of the negotiations between the parties on
reciprocal preferential concessions for certain wines and spirits, the reciprocal recognition,
protection and control of wine names and the reciprocal recognition, protection and control of
designations for spirits and aromatised drinks” (hereinafter referred to as "the Protocol"), is
hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

2

3

4

5

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311,
12.12.2000, p. 17).
OJ L 179, 14.7.1999, p. 1.
OJ L 160, 12.6.1989, p. 1.
OJ L 184, 17.7.1999, p. 23.

5

Article 2

1.

2.

The President of the Council is hereby authorised to designate the person empowered
to sign the Protocol on behalf of the Community.

The President of the Council shall, on behalf of the Community, make the
notification of approval provided for in Article 3 of the Protocol.

Article 3

Provisions for the application of the tariff quotas for certain wines provided in Annex 1 to the
Protocol, as well as amendments and technical adaptations to the implementing Regulations
necessary following changes to the Combined Nomenclature codes and to the Taric-
subdivisions or arising from the conclusion of new agreements, protocols, Exchanges of
Letters or other acts between the Community and the Former Yugoslav Republic of
Macedonia, shall be adopted by the Commission according to the procedure set out in
Article 4, notwithstanding Article 62 of Council Regulation (EC) No 1493/1999.

Article 4

1.

2.

3.

The Commission shall be assisted by the Customs Code Committee instituted by
Article 248a of Regulation (EEC) No 2913/92.

Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be three
months.

Article 5

For the purposes of Articles 13 and 14 of the Agreements on the reciprocal recognition,
protection and control of wine names, the Commission shall conclude the necessary acts
amending the Agreement according to the procedure set out in Article 6.

Article 6

1.

2.

3.

The Commission shall be assisted by the Management Committee for Wine instituted
by Article 74 of Regulation (EC) No 1493/1999.

Where reference is made to this paragraph, the management procedure laid down in
Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

6

Article 7

For the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition,
protection and control of designations for spirits and aromatised drinks, the Commission shall
conclude the necessary acts amending the Agreement according to the procedure set out in
Article 8.

Article 8

1.

2.

3.

The Commission shall be assisted by the Implementation Committee for Spirit
Drinks instituted by Article 13 of Regulation (EC) No 1576/1989.

Where reference is made to this paragraph, the management procedure laid down in
Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

Article 9

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

Done at Brussels,

For the Council
The President

7

ATTACHMENT

ADDITIONAL PROTOCOL

BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF
THE ONE PART, AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
OF THE OTHER PART, TO TAKE ACCOUNT OF THE OUTCOME OF THE
NEGOTIATIONS BETWEEN THE PARTIES ON RECIPROCAL PREFERENTIAL
CONCESSIONS FOR CERTAIN WINES AND SPIRITS, THE RECIPROCAL
RECOGNITION, PROTECTION AND CONTROL OF WINE NAMES AND
THE RECIPROCAL RECOGNITION, PROTECTION AND CONTROL
OF DESIGNATIONS FOR SPIRITS AND AROMATISED DRINKS

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”,

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, hereinafter referred to as “the
Former Yugoslav Republic of Macedonia”,

of the other part,

hereinafter referred to as “the Contracting Parties”,

WHEREAS the Stabilisation and Association Agreement between the European Communities
and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of
the other part, was signed by Exchange of Letters in Luxembourg on 9 April 2001,

WHEREAS Article 27(4) of the Stabilisation and Association Agreement provides that a wine
and spirits agreement still ought to be negotiated,

WHEREAS an Interim Agreement which ensures the development of trade links through the
the
establishment of a contractual
Stabilisation and Association Agreement on trade and trade-related matters, entered into force
1 June 2001. Article 14(4) of the Interim Agreement repeats the commitment to a separate
wine and spirits agreement,

relation and which implements the provision of

WHEREAS on this basis negotiations have been undertaken and were concluded between the
Parties,

WHEREAS in order to ensure consistency within the overall stabilisation process, the wine
and spirits agreement should be integrated into the framework of Interim Agreement in the
form of a Protocol,

WHEREAS this Protocol on wines and spirits shall enter into force on 1 January 2002,

WHEREAS to this end it is necessary to implement as speedily as possible the provisions of
this Protocol,

8

DESIROUS of improving the conditions for the marketing of wines, spirits and aromatised
drinks on their respective markets, in accordance with the principles of quality, mutual benefit
and reciprocity,

HAVING REGARD to the interest of both Contracting Parties in the reciprocal protection
and control of wine names, designations for spirits and aromatised drinks,

HAVE AGREED AS FOLLOWS:

Article 1

A Protocol applicable for import of certain wines originating in the Former Yugoslav
Republic of Macedonia and for import of certain wines originating in the Community has
been established, including the following elements:

(1)

(2)

(3)

an Agreement on reciprocal trade concessions for certain wines (as described in
Annex 1 to this Protocol);

an Agreement on reciprocal recognition, protection and control of wine names (as
described in Annex 2 to this Protocol);

an Agreement on reciprocal recognition, protection and control of designations of
spirits and aromatised drinks (as described in Annex 3 to this Protocol).

The lists referred to in Article 5 of the Agreement mentioned under (2) and in Article 5 of the
Agreement mentioned under (3) shall be established at a later stage and approved according to
the procedure foreseen in the respective Articles 13 and 14 of these Agreements.

This Protocol shall form an integral part of the Interim Agreement. The Annexes to this
Protocol shall form an integral part thereof.

Article 2

Article 3

This Protocol shall be approved by the Community and the Former Yugoslav Republic of
Macedonia in accordance with their own procedures. The Contracting Parties shall take the
necessary measures to implement this Protocol.

The Contracting Parties shall notify each other of the accomplishment of the corresponding
procedures according to the first paragraph of Article 3.

This Protocol shall enter into force on 1 January 2002.

Article 4

9

Article 5

This Protocol shall be drawn up in duplicate in each of the official languages of the Parties,
each of these texts being equally authentic.

Done at Brussels,

For the European Community

For the Former Yugoslav Republic of Macedonia

10

ANNEX 1

AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA ON RECIPROCAL PREFERENTIAL TRADE
CONCESSIONS FOR CERTAIN WINES

1.

Imports into the Community of the following products originating in the Former
Yugoslav Republic of Macedonia shall be subject to the concessions set out below:

CN code

Description

ex 2204 10

Quality sparkling wine

ex 2204 21

Wine of fresh grapes

Applicable
duty

Year 2002
quantities
(hl)

Yearly
adjustments
(hl)

Specific
provisions

exemption

15 000

6 000

(1)

(1)

ex 2204 29

Wine of fresh grapes

exemption

285 000

-6 000

(1)

2.

3.

4.

5.

Consultations at the request of one of the Contracting Parties may be held to adapt the quotas by
transfering quantities above 6 000 hl from the quota applying to position ex 2204 29 to the quota
applying to positions ex 2204 10 and ex 2204 21.

The Community shall grant a preferential zero-duty within tariff quotas as mentioned
under point 1, subject to the condition that no export subsidies shall be paid for
exports of these quantities by the Former Yugoslav Republic of Macedonia.

Imports into the Former Yugoslav Republic of Macedonia of the following products
originating in the Community shall be subject to the concessions set out below :

FYROM
customs tariff
code

Description

Applicable
duty

Year 2002
quantities
(hl)

Yearly
increase
(hl)

Specific
provisions

ex 2204 10

Quality sparkling wine

ex 2204 21

Wine of fresh grapes

exemption

3 000

300

The Former Yugoslav Republic of Macedonia shall grant a preferential zero-duty
within tariff quotas as mentioned under point 3, subject to the condition that no
export subsidies shall be paid for exports of these quantities by the Community.

This Agreement shall cover wine

(a) which has been produced from fresh grapes wholly produced and harvested in

the territory of the Contracting Party in question, and

11

(b)

(i)

originating in the EU, which has been produced in accordance with the
rules governing the oenological practices and processes referred to in
Title V of Council Regulation (EC) No 1493/1999;

(ii)

originating in the Former Yugoslav Republic of Macedonia, which has
been produced in accordance with the rules governing the oenological
practices and processes in conformity with the Former Yugoslav
Republic of Macedonian law. These oenological rules referred to shall be
in conformity with the Community legislation.

Imports of wine under the concessions provided in this Agreement will be subject to
the presentation of a certificate issued by a mutually recognised official body
appearing on the lists drawn up jointly, to the effect that the wine in question
complies with point 5(b).

The Contracting Parties shall examine no later than in the first quarter of 2005 the
opportunities for granting each other further concessions taking into account the
development of wine trade between the Contracting Parties.

The Contracting Parties shall ensure that the benefits granted reciprocally are not
called into question by other measures.

Consultations are to take place at the request of either Contracting Party on any
problem relating to the way this Agreement operates.

This Agreement shall apply, on the one hand, in 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 Former Yugoslav
Republic of Macedonia.

6.

7.

8.

9.

10.

12

ANNEX 2

AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA ON THE RECIPROCAL RECOGNITION,
PROTECTION AND CONTROL OF WINE NAMES

ARTICLE 1

OBJECTIVES

1.

2.

The Contracting Parties hereby agree, in accordance with the principles of non-
discrimination and reciprocity, to recognise, protect and control names of wines
originating in their territory on the conditions laid down herein.

The Contracting Parties shall take all general and specific measures necessary to
ensure that the obligations laid down by this Agreement are fulfilled and that the
objectives set out in this Agreement are attained.

ARTICLE 2

SCOPE AND COVERAGE

This Agreement shall apply to wines falling under heading No 2204 of the International
Convention on the Harmonised Commodity Description and Coding System (“Harmonised
System”), done at Brussels on 14 June 1983.

ARTICLE 3

DEFINITIONS

For the purposes of this Agreement and except where otherwise expressly provided herein:

(a)

(b)

(c)

"wine originating in" followed by the name of one of the Contracting Parties means a
wine produced in the territory of the said Party from grapes which have been wholly
harvested in its territory;

indication" means any indication,

"geographical
including an “Appellation of
origin”, as defined in Article 22 (1) of the Agreement on Trade Related Aspects of
Intellectual Property Rights (hereinafter referred to as "the TRIPS agreement"), that
is recognised by the laws or regulations of a Contracting Party for the purpose of
describing and presenting a wine originating in the territory of that Contracting
Party;

"traditional expression" means a traditionally used name, as specified in the Annex,
referring in particular to the method of production or to the quality, colour or type of
wine which is sufficiently distinctive and/or of established reputation and recognised
by the laws and regulations of a Contracting Party for the purpose of describing and
presenting of such a wine originating in the territory of that Contracting Party;

13

(d)

(e)

(f)

(g)

(h)

(i)

"protected name" means a geographical indication or a traditional expression as
defined in paragraphs (b) and (c) respectively that is protected under this Agreement;

"homonymous" shall mean the same protected name, or a protected name so similar
as to be likely to cause confusion, to denote different places of origin, or different
wines originating in the respective territories of the Contracting Parties;

"description" means the words used to describe a wine on a label, or on the
documents accompanying the transport of that wine, on commercial documents,
particularly invoices and delivery notes, and in advertising;

"labelling" means all descriptions and other references , signs, designs or trade marks
identifying a wine and appearing on the container, including its sealing device or the
tag attached thereto and the sheathing covering the neck of bottles;

"presentation" means the words or signs used on containers, including their closure,
on the labelling and on the packaging;

"packaging" means the protective wrappings such as paper, straw envelopes of all
kinds, cartons and cases, used in the transport of one or more containers and/or for
their presentation for sale to the final consumer;

(j)

"trade mark" shall mean:

–

–

–

a trade mark registered in terms of the legislation of a Contracting Party,

a common law trade mark which is recognised under the law of a Contracting
Party; and

a well-known trademark referred to in Article 6bis of the Paris Convention for
the Protection of Industrial Property (1967).

14

TITLE I

RECIPROCAL PROTECTION OF WINE NAMES

ARTICLE 4

PRINCIPLES

1.

in
Without prejudice to Articles 22 and 23 of the TRIPS Agreement, set out
Annex 1C of the Agreement establishing the World Trade Organisation,
the
Contracting Parties shall take all necessary measures, in accordance with this Annex,
to ensure reciprocal protection of the names referred to in Article 5 which are used
for the description and presentation of wines originating in the territory of the
Contracting Parties. To that end, each Contracting Party shall provide the interested
parties with the appropriate legal means to ensure effective protection and prevent
geographical indications and traditional expressions from being used to identify
wines not covered by the indications or the descriptions concerned.

2.

In the Former Yugoslav Republic of Macedonia, the protected Community names:

3.

4.

(a)

are reserved exclusively to the wines originating in the Community to which
they apply, and

(b) may not be used otherwise than under the conditions laid down in the laws and

regulations of the Community.

In the Community,
Macedonia:

the protected names of the Former Yugoslav Republic of

(a)

are reserved exclusively to the wines originating in the Former Yugoslav
Republic of Macedonia to which they apply, and

(b) may not be used otherwise than under the conditions laid down in the laws and

regulations of the Former Yugoslav Republic of Macedonia.

The protection provided for in this Agreement shall prohibit in particular any use of
protected names for wines which do not originate in the geographical area indicated
or in the place where the expression is traditionally used, and shall apply even when:

–

–

–

the true origin of the wine is indicated,

the geographical indication in question is used in translation,

the name is accompanied by terms such as 'kind', 'type', 'style', 'imitation',
'method' or other expressions of the sort.

15

5.

In the case of homonymous geographical indications:

(a) where such indications protected under this Agreement are homonymous,
protection shall be granted to each indication, provided it has been used
traditionally and consistently and consumers are not misled as to the true origin
of the wine;

(b) where such indications protected under this Agreement are homonymous with
the name of a geographical area outside the territory of the Parties, the latter
name may be used to describe and present a wine produced in the geographical
area to which the name refers, provided it is traditionally and consistently used,
its use for that purpose is regulated by the country of origin and consumers are
not misled into believing that the wine originates in the territory of the Party
concerned.

6.

In the case of homonymous traditional expressions:

(a) where such expressions protected under this Agreement are homonymous,
protection shall be granted to each expression, provided it has been used
traditionally and consistently and consumers are not misled as to the true origin
of the wine;

(b) where such expressions protected under this Agreement are homonymous with
the name used for a wine not originating in the territory of the Parties, the latter
name may be used to describe and present a wine, provided it is traditionally
and consistently used, its use for that purpose is regulated by the country of
origin and consumers are not misled into believing that the wine originates in
the territory of the Party concerned.

Each of the Contracting Parties shall, where necessary,
lay down the practical
conditions of use to enable a distinction to be drawn between the homonymous
indications or expressions referred to in paragraphs 5 and 6, bearing in mind the need
to treat the producers concerned fairly and to ensure that consumers are not misled.

The provisions of this Agreement shall in no way prejudice the right of any person to
use, in the course of trade, their name or the name of their predecessor in business,
except where such name is used in such a manner as to mislead consumers.

Nothing in this Agreement shall oblige a Contracting Party to protect a geographical
indication or traditional expression of the other Contracting Party which is not or
ceases to be protected in its country of origin or which has fallen into disuse in that
country.

7.

8.

9.

10.

The Contracting Parties hereby waive their right to invoke Article 24(4) to (7) of the
TRIPs Agreement in order to refuse to grant protection to a name, from the other
Party, for products covered by this agreement.

16

ARTICLE 5

PROTECTED NAMES

The following names shall be protected with regard to wines:

(a)

originating in the Community:

–

–

references to the name of the Member State in which the wine originates,

the geographical
Annex;

indications and traditional expressions appearing in the

(b)

originating in the Former Yugoslav Republic of Macedonia:

–

–

the name “the Former Yugoslav Republic of Macedonia” or any other name
designating that country,

the geographical
Annex.

indications and traditional expressions appearing in the

ARTICLE 6

TRADEMARKS

1.

2.

The registration of a trade mark for a wine which contains or consists of a protected
name under this Agreement shall be refused or, at the request of the party concerned,
invalidated if:

–

the wine in question does not originate in the place to which the geographical
indication refers

or, as the case may be,

–

the wine in question is not one to which the traditional expression is reserved.

However, a trade mark registered in good faith no later than 31 December 1995 may
be used until 31 December 2005, provided it has actually been in continuous use
since being registered.

ARTICLE 7

EXPORTS

The Contracting Parties shall take all measures necessary to ensure that in cases where wines
originating in the Contracting Parties are exported and marketed outside of their territories,
the protected names of one Contracting Party referred to in article 5 are not used to describe
and present a wine originating in the other Contracting Party.

17

ARTICLE 8

EXTENSION OF PROTECTION

In so far as the relevant legislation of the Contracting Parties permits, the benefit of the
protection afforded by this Agreement shall extend to natural and legal persons, federations,
associations and organisations of producers, traders or consumers whose head offices are
located in the territory of the other Contracting Party.

ARTICLE 9

ENFORCEMENT

1.

2.

If the appropriate competent authority, designated in accordance with Article 11,
becomes aware that the description or presentation of a wine, in particular on the
labelling, in official or commercial documents or in advertising, is in breach of this
Agreement,
the Contracting Parties shall apply the necessary administrative
measures and/or shall initiate legal proceedings with a view to combating unfair
competition or preventing the wrongful use of the protected name in any other way.

The measures and proceedings referred to in paragraph 1 shall be taken in particular
in the following cases:

(a) where the translation of descriptions provided for by Community or the Former
Yugoslav Republic of Macedonian legislation into the language or languages
of the other Contracting Party results in the appearance of a word which is
liable to be misleading as to the origin, nature or quality of the wine thus
described or presented;

(b) where descriptions, trade marks, names,

inscriptions or illustrations which
directly or indirectly give false or misleading information as to the provenance,
origin, nature, vine variety or material qualities of the wine appear on
containers or packaging, in advertising or in official or commercial documents
relating to wines whose names are protected under this Agreement;

(c) where, for packaging, containers are used which are misleading as to the origin

of the wine.

3.

The application of paragraphs 1 and 2 shall not prejudice the possibilities of the
persons and entities referred to in Article 8 to take appropriate actions in the
Contracting Parties, including recourse to the courts.

ARTICLE 10

OTHER INTERNAL LEGISLATION AND INTERNATIONAL AGREEMENTS

Unless otherwise agreed by the Contracting Parties, this Agreement shall not preclude any
more extensive protection afforded, now or in the future,
to names protected by this
Agreement, by the Contracting Parties under their internal legislation or other international
agreements.

18

TITLE II

CONTROLS AND MUTUAL ASSISTANCE
BETWEEN COMPETENT AUTHORITIES

ARTICLE 11

ENFORCEMENT AUTHORITIES

1.

2.

Each Contracting Party shall designate the authorities to be responsible for the
application of this Agreement. Where a Contracting Party designates more than one
competent authority, it shall ensure the co-ordination of the work of these authorities.
For this purpose, a single authority shall be designated.

The Contracting Parties shall inform one another of the names and addresses of these
authorities not later than two months after this Agreement comes into force. There
shall be close and direct co-operation between these authorities.

ARTICLE 12

INFRINGEMENT

1.

If one of the authorities referred to in Article 11 has reason to suspect that:

(a)

a wine being or having been traded between the Former Yugoslav Republic of
Macedonia and the Community does not comply with this Agreement or with
provisions laid down in the laws and regulations of the Contracting Parties, and

(b)

this non-compliance is of particular interest to the other Contracting Party and
could result in administrative measures and/or legal proceedings being taken,

it shall immediately inform the Commission and the relevant authority or authorities
of the other Party.

2.

The information to be provided in accordance with paragraph 1 shall be accompanied
by official, commercial or other appropriate documents, with details of any
administrative measures or legal proceedings that may, if necessary, be taken. The
information shall include, in particular, the following details concerning the wine in
question:

(a)

the producer and the person who has power of disposal over this wine;

(b)

the composition and organoleptic characteristics of this wine;

(c)

its description and presentation;

(d)

details of the non-compliance with the rules concerning production and
marketing.

19

TITLE III

MANAGEMENT OF THE AGREEMENT

ARTICLE 13

WORKING GROUP

1.

2.

1.

2.

Pending the entry into force of the Stabilisation and Association Agreement, a
Working Group, functioning under the auspices of the existing Working Party
created by Decision No 1/98 of the Cooperation Council6 established by the
Cooperation Agreement between the European Community and the former Yugoslav
Republic of Macedonia signed by exchange of letters on 29 April 19977, shall be
established.

The Working Group shall see to the proper functioning of this Agreement and shall
examine all questions which may arise in implementing it. In particular, the Working
Group may make recommendations which would contribute to the attainment of the
objectives of this Agreement.

ARTICLE 14

TASKS OF THE CONTRACTING PARTIES

The Contracting Parties shall, either directly or through the Working Group, referred
to in Article 13, maintain contact on all matters relating to the implementation and
the functioning of this Agreement.

In particular, the Contracting Parties shall:

(a)

(b)

(c)

establish and amend the Annexes and the Protocol of this Agreement by mutual
decision to take account of any amendments to the laws and regulations of the
Contracting Parties;

inform each other of the intention to decide new regulations or amendments of
existing regulations of public policy concern, such as health or consumer
protection, with implications for the wine market;

notify each other of judicial decisions concerning the application of this
Agreement and inform each other of measures adopted on the basis of such
decisions;

(d)

consult with each other, if necessary, on the decisions taken with regard to the
application of Article 4(7).

6

7

OJ L190, 4.7.1998, p. 48.
OJ L 348, 18.12.1997, p. 1.

20

3.

Within the framework of this Agreement, either of the Contracting Parties may put
forward suggestions for widening the scope of their co-operation in the wine market,
taking into account the experience gained in its application.

21

TITLE IV

GENERAL PROVISIONS

ARTICLE 15

TRANSIT SMALL QUANTITIES

This Agreement shall not apply to wines which:

(a)

(b)

pass in transit through the territory of one of the Contracting Parties, or

originate in the territory of one of the Contracting Parties and which are consigned in
small quantities between those Contracting Parties under
the conditions and
according to the procedures provided for in the Protocol.

ARTICLE 16

TERRITORIAL APPLICATION

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing
the European Community applies and under the conditions laid down in that Treaty and, on the
other hand, to the territory of the Former Yugoslav Republic of Macedonia.

ARTICLE 17

FAILURE TO COMPLY

1.

2.

3.

4.

The Contracting Parties shall enter into consultations if one of them considers that
the other has failed to fulfil an obligation under this Agreement.

The Contracting Party which requests the consultations shall provide the other Party
with all the information necessary for a detailed examination of the case in question.

In cases where any delay could endanger human health or impair the effectiveness of
measures to control fraud, appropriate interim protective measures may be taken,
without prior consultation, provided that consultations are held immediately after the
taking of these measures.

If, following the consultations provided for in paragraphs 1 and 3, the Contracting
Parties have not reached agreement, the Party which requested the consultations or
which took the measures referred to in paragraph 3 may take appropriate protective
measures so as to permit the proper application of this Agreement.

22

ARTICLE 18

MARKETING OF PRE-EXISTING STOCKS

1.

2.

Wines which, at the time of the entry into force of this Agreement, have been
produced, prepared, described and presented in compliance with the internal laws
and regulations of the Parties but are prohibited by this Agreement may be sold until
stocks run out.

Except where provisions to the contrary are adopted by the Contracting Parties,
wines which have been produced, prepared, described and presented in compliance
with this Agreement but whose production, preparation, description and presentation
cease to comply therewith as a result of an amendment thereto may continue to be
marketed until stocks run out.

23

PROTOCOL TO THE AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA ON THE RECIPROCAL RECOGNITION,
PROTECTION AND CONTROL OF WINE NAMES

THE CONTRACTING PARTIES HEREBY AGREE AS FOLLOWS:

Pursuant to Article 15 (b) of the Agreement, the following products referred to wines shall be
considered to be small quantities:

1.

2.

quantities in labelled containers of not more than 5 litres fitted with a non-reusable
closing device where the total quantity transported, whether or not made up of
separate consignments, does not exceed 50 litres;

(a)

(b)

(c)

(d)

(e)

(f)

quantities which are contained in the personal
quantities not exceeding 30 litres;

luggage of travellers in

quantities which are sent
another in quantities not exceeding 30 litres;

in consignments from one private individual to

quantities which are forming part of the belongings of private individuals who
are moving house;

quantities which are imported for the purpose of scientific or technical experi-
ments, subject to a maximum of 1 hectolitre;

quantities which are
establishments as part of their duty-free allowance;

imported

diplomatic,

for

consular

or

similar

quantities which are held on board international means of transport as
victualling supplies.

The case of exemption referred to in paragraph 1 may not be combined with one or more of
the cases of exemption referred to in paragraph 2.

24

ANNEX 3

AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA ON THE RECIPROCAL RECOGNITION, PROTECTION
AND CONTROL OF DESIGNATIONS FOR SPIRITS AND AROMATISED DRINKS

ARTICLE 1

OBJECTIVES

1.

2.

The Contracting Parties hereby agree, in accordance with the principles of non-
discrimination and reciprocity, to recognise, protect and control designations for
spirits and aromatised drinks originating in their territory on the basis of the
conditions laid down herein.

The Contracting Parties shall take all general and specific measures necessary to
ensure that the obligations laid down by this Agreement are fulfilled and that the
objectives set out in this Agreement are attained.

ARTICLE 2

SCOPE AND COVERAGE

This Agreement applies to the following products:

(a)

Spirits drinks as defined:

–

–

–

in Council Regulation (EEC) No 1576/898, as last
for the Community,
amended by the Act concerning the Conditions of Accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden,

for the Former Yugoslav Republic of Macedonia, in the Regulation on the
quality of spirits (Official Journal of the Socialist Federative Republic of
Yugoslavia No 16/88) as last amended by the Regulation on the quality of
spirits (Official Journal of the Socialist Federative Republic of Yugoslavia
No 63/88),

and falling within heading No 2208 of the International Convention on the
Harmonised Commodity Description and Coding System, done at Brussels on
14 June 1983;

(b)

Aromatised wines, aromatised wine-based drinks and aromatised wine-product
cocktails, hereinafter called "aromatised drinks", as defined:

8

OJ L 160, 12.6.1989, p. 1.

25

–

–

for the Community,
amended by Regulation (EC) No 2061/96,

in Council Regulation (EEC) No 1601/919, as last

for the Former Yugoslav Republic of Macedonia, in the Regulation on the
quality of wines (Official Journal of the Socialist Federative Republic of
Yugoslavia, No 17/81) as last amended by the Regulation for the quality of
wines (Official Journal of the Socialist Federative Republic of Yugoslavia
No 14/89).

and covered by headings Nos 2205 and ex 2206 of the International Convention on
the Harmonised Commodity Description and Coding System, done at Brussels on
14 June 1983.

ARTICLE 3

DEFINITIONS

For the purposes of this Agreement:

(a)

(b)

(c)

(d)

(e)

(f)

"spirit drink originating in", followed by the name of one of the Contracting Parties,
means a spirit drink produced in the territory of that Party;

"aromatised drinks originating in", followed by the name of one of the Contracting
Parties, means an aromatised drink produced in the territory of that Party;

"description" means the words used on labelling, on documents accompanying
spirits or aromatised drinks during transport, on commercial documents, particularly
invoices and delivery notes, and in advertising;

"labelling" means all descriptions and other references, signs, symbols, illustrations
or trade marks identifying spirits and aromatised drinks and appearing on the
container, including the sealing device or the tag attached thereto, and the sheathing
covering the neck of bottles;

"presentation" means the words or signs used on containers, including their closure,
on the labelling and on the packaging;

"packaging" means the protective wrappings such as paper, straw wrapping of all
kinds, cartons and cases, used in the transport of one or more containers and/or in
their presentation for sale to the final consumer;

(g)

"trade mark" shall mean:

–

–

–

a trade mark registered in terms of the legislation of a Contracting Party,

a common law trade mark which is recognised under the law of a Contracting
Party, and

a well-known trademark referred to in Article 6bis of the Paris Convention for
the Protection of Industrial Property (1967).

9

OJ L 149, 14.6.1991, p. 1.

26

TITLE I

RECIPROCAL PROTECTION OF DESIGNATIONS OF SPIRITS
AND AROMATISED DRINKS

ARTICLE 4

PRINCIPLES

1.

2.

3.

4.

Without prejudice to Articles 22 and 23 of the Agreement on Trade-Related Aspects
of Intellectual Property Rights set out in Annex 1C of the Agreement establishing the
World Trade Organisation (hereinafter called "the TRIPS Agreement"), the Parties
shall take all the necessary measures, in accordance with this Annex, to ensure
reciprocal protection of the designations referred to in Article 5 and used to describe
spirits and aromatised drinks originating in the territory of the Parties. To that end,
each Party shall provide the interested parties with the appropriate legal means for
preventing the use of a designation to identify spirits or aromatised drinks not
originating in the place indicated by the designation in question or in the place where
the designation in question is traditionally used.

In the Former Yugoslav Republic of Macedonia,
designations:

the protected Community

–

–

may not be used otherwise than under the conditions laid down in the laws and
regulations of the Community, and

shall be reserved exclusively for the spirits and aromatised drinks originating in
the Community to which they apply.

In the Community,
designations:

the protected Former Yugoslav Republic of Macedonian

–

–

may not be used otherwise than under the conditions laid down in the laws and
regulations of the Former Yugoslav Republic of Macedonia, and

shall be reserved exclusively for the spirits and aromatised drinks originating in
the Former Yugoslav Republic of Macedonia to which they apply.

The protection provided for in this Agreement shall prohibit in particular any use of
protected designations for spirits and aromatised drinks which do not originate in the
geographical area indicated or in the place where the designation is traditionally
used, and shall apply even when:

–

–

–

the true origin of the spirits and aromatised drinks is indicated,

the geographical indication in question is used in translation,

the name is accompanied by terms such as 'kind', 'type', 'style', 'imitation',
'method' or other expressions of the sort.

27

5.

6.

7.

8.

In cases of homonymous designations for spirits and aromatised drinks, protection
shall be accorded to each designation. The Parties shall lay down the practical
conditions under which the homonymous designations in question are to be
differentiated from each other, taking into account the need to treat the producers
concerned fairly and to avoid misleading the consumer.

The provisions of this Agreement shall in no way prejudice the right of any person to
use, for trade purposes, their own name or the name of the person whose business
they have taken over, provided that such names are not used in a way that misleads
consumers.

Nothing in this Agreement shall oblige a Party to protect any designation of the other
Party which is not protected or ceases to be protected in its country of origin or
which has fallen into disuse in that country.

The Contracting Parties hereby waive their right to invoke Article 24 (4) to (7) of the
TRIPS Agreement in order to refuse to grant protection to designations from the
other Party.

ARTICLE 5

PROTECTED DESIGNATIONS

The following designations shall be protected:

(a)

(b)

(c)

(d)

1.

2.

as regards spirits drinks originating in the Community, the designations listed in
Annex 1;

as regards spirits drinks originating in the Former Yugoslav Republic of Macedonia,
the designations listed in Annex 2;

as regards aromatised drinks originating in the Community, the designations listed in
Annex 3;

as regards aromatised drinks originating in the Former Yugoslav Republic of
Macedonia, the designations listed in Annex 4.

ARTICLE 6

TRADEMARKS

The registration of a trade mark for a spirits or aromatised drink which contains or
consists of a designation as referred to in Article 5 shall be refused or, at the request
of an interested party, be invalidated, with respect to such spirits not originating in
the place indicated by the designation.

Notwithstanding paragraph 1, a trade mark registered in good faith by 31 December
1995 at latest, may be used until 31 December 2005, provided it has been used
effectively without interruption since its registration.

28

ARTICLE 7

EXPORTS

The Parties shall take all measures necessary to ensure that, in cases where spirits or aromatised
drinks originating in the territory of the Parties are exported and marketed outside their territory,
the designations of one Party protected under this Agreement are not used to designate and
present spirits or aromatised drinks originating in the other Party.

ARTICLE 8

EXTENSION OF PROTECTION

To the extent that the relevant legislation of the Parties allows, the benefit of the protection
afforded by this Agreement shall cover natural and legal persons and federations, associations
and organisations of producers, traders and consumers whose head offices are located in the
territory of the other Party.

ARTICLE 9

ENFORCEMENT

1.

2.

If the appropriate competent authority, designated in accordance with Article 11,
becomes aware that the description or presentation of a spirits or aromatised drink, in
particular on the labelling, in official or commercial documents or in advertising, is
in breach of this Agreement, the Parties shall apply the necessary administrative
measures and/or shall initiate suitable legal proceedings with a view to combating
unfair competition or preventing the wrongful use of the protected designation in any
other way.

The measures and proceedings referred to in paragraph 1 shall be taken in particular
in the following cases:

(a) where the translation of designations provided for by Community or the
Former Yugoslav Republic of Macedonian legislation into the language or
languages of the other Contracting Party results in the appearance of a word
which is liable to be misleading as to the origin, nature or quality of the spirits
or aromatised drinks thus identified;

(b) where descriptions, trade marks, words,

inscriptions or illustrations which
directly or indirectly give false or misleading information as to the origin,
nature, material qualities of the spirits or aromatised drink appear on containers
or packaging, in advertising or in official or commercial documents relating to
designations protected under this Agreement;

(c) where, for packaging, containers are used which are misleading as to the origin

of the spirits or aromatised drink.

3.

The application of paragraphs 1 and 2 shall not prejudice the possibilities of the
persons and entities referred to in Article 8 to take appropriate actions in the
Contracting Parties, including recourse to the Courts.

29

ARTICLE 10

OTHER INTERNAL LEGISLATION AND INTERNATIONAL AGREEMENTS

Unless otherwise agreed by the Contracting Parties, this Agreement shall not preclude any more
extensive protection afforded, now or in the future, to designations protected by this Agreement
by the Contracting Parties under their internal legislation or other international agreements.

30

TITLE II

CONTROLS AND MUTUAL ASSISTANCE
BETWEEN COMPETENT AUTHORITIES

ARTICLE 11

ENFORCEMENT AUTHORITIES

1.

2.

The Contracting Parties shall each designate the authorities responsible for the
enforcement of this Agreement. Where a Contracting Party designates more than one
competent authority, it shall ensure the co-ordination of the work of these authorities.
For this purpose, a single authority shall be designated.

The Parties shall inform one another of the names and addresses of the above
authorities not later than two months after this Agreement comes into force. These
authorities shall co-operate closely and directly with each other.

ARTICLE 12

INFRINGEMENT

1.

If one of the authorities referred to in Article 11 has reason to suspect that:

(a)

a spirits or aromatised drink as defined in Article 2, being or having been
traded between the Former Yugoslav Republic of Macedonia and the
Community, does not comply with this Agreement or with provisions, laid
down in the laws and regulations of the Contracting parties, applicable to spirits
and aromatised drinks, and

(b)

this non-compliance is of particular interest to the other Contracting Party and
could result in administrative measures and/or legal proceedings being taken,

it shall immediately inform the Commission and the relevant authority or authorities
of the other Party.

2.

The information to be provided in accordance with paragraph 1 shall be accompanied
by official, commercial or other appropriate documents, with details of any
administrative measures or legal proceedings that may, if necessary, be taken. The
information shall include, in particular, the following details concerning the spirits or
aromatised drink in question:

(a)

the producer and the person who has power of disposal over the spirits or
aromatised drink;

(b)

the composition and organoleptic characteristics of that drink;

(c)

its description and presentation;

(d)

details of the non-compliance with the rules concerning production and
marketing.

31

TITLE III

MANAGEMENT OF THE AGREEMENT

ARTICLE 13

WORKING GROUP

1.

2.

1.

2.

Pending the entry into force of the Stabilisation and Association Agreement, a
Working Group, functioning under the auspices of the existing Working Party
created by Decision No 1/98 of the Cooperation Council10 established by the
Cooperation Agreement between the European Community and the former Yugoslav
Republic of Macedonia signed by exchange of letters on 29 April 199711, shall be
established.

The Working Group shall see to the proper functioning of this Agreement and shall
examine all questions which may arise in implementing it. In particular, the Working
Group may make recommendations which would contribute to the attainment of the
objectives of this Agreement.

ARTICLE 14

TASKS OF THE CONTRACTING PARTIES

The Contracting Parties shall, either directly or through the Working Group, referred
to in Article 13, maintain contact on all matters relating to the implementation and
the functioning of this Agreement.

In particular, the Contracting Parties shall:

(a)

(b)

(c)

establish and amend the Annexes and the Protocol of this Agreement by mutual
decision to take account of any amendments to the laws and regulations of the
Contracting Parties;

inform each other of the intention to decide new regulations or amendments of
existing regulations of public policy concern, such as health or consumer
protection, with implications for the spirits and aromatised drinks market;

notify each other of judicial decisions concerning the application of this
Agreement and inform each other of measures adopted on the basis of such
decisions.

10

11

OJ L 190, 4.7.1998, p. 48.
OJ L 348, 18.12.1997, p. 1.

32

3.

Within the framework of this Agreement, either of the Contracting Parties may put
forward suggestions for widening the scope of their co-operation in the spirits and
aromatised drinks market,
the experience gained in its
application.

taking into account

33

TITLE IV

GENERAL PROVISIONS

ARTICLE 15

TRANSIT-SMALL QUANTITIES

This Agreement shall not apply to spirits and aromatised drinks which:

(a)

(b)

pass in transit through the territory of one of the Contracting Parties, or

originate in the territory of one of the Contracting Parties and which are consigned in
small quantities between those Contracting Parties under
the conditions and
according to the procedures provided for in the Protocol.

ARTICLE 16

TERRITORIAL APPLICATION

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing
the European Community applies and under the conditions laid down in that treaty and, on the
other hand, to the territory of the Former Yugoslav Republic of Macedonia.

ARTICLE 17

FAILURE TO COMPLY

1.

2.

3.

4.

1.

The Contracting Parties shall enter into consultations if either considers that the other
has failed to fulfil an obligation under this Agreement.

The Contracting Party which requests the consultations shall provide the other with
all information necessary for a detailed examination of the case in question.

In cases where any delay could endanger human health or impair the effectiveness of
measures to control fraud, appropriate interim protective measures may be taken,
without prior consultation, provided that consultations are held immediately after
such measures are taken.

If, following the consultations provided for in paragraph 1 and 3, the Contracting
Parties have not reached agreement, the Party which has requested the consultations or
taken the measures referred to in paragraph 3 may take appropriate safeguard measures
so as to permit the proper application of this Agreement.

ARTICLE 18

MARKETING OF PRE-EXISTING STOCKS

Spirits and aromatised drinks which, at the time of entry into force of this agreement,
have been legally produced, described and presented, in accordance with the internal
laws and regulations of the Contracting Parties, but which may be prohibited by this

34

Agreement may be marketed by wholesalers for a period of one year from the entry
into force of the Agreement and by retailers until stocks are exhausted. From the
entry into force of this Agreement, spirits and aromatised drinks included herein may
no longer be produced outside the limits of their regions of origin.

2.

Spirits and aromatised drinks produced, described and presented in accordance with
this agreement whose description and presentation cease to comply with this
Agreement following an amendment thereto may continue to be marketed until
stocks are exhausted, unless otherwise agreed by the Contracting Parties.

35

PROTOCOL TO THE AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA ON THE RECIPROCAL RECOGNITION, PROTECTION
AND CONTROL OF DESIGNATIONS FOR SPIRITS AND AROMATISED DRINKS

THE CONTRACTING PARTIES HEREBY AGREE AS FOLLOWS:

Pursuant to Article 15 (b) of the Agreement, the following products referred to spirits and
aromatised drinks shall be considered to be small quantities:

1.

2.

quantities in labelled containers of not more than 5 litres fitted with a non-reusable
closing device where the total quantity transported, whether or not made up of
separate consignments, does not exceed 10 litres;

(a)

(b)

(c)

(d)

(e)

(f)

quantities which are contained in the personal
quantities not exceeding 10 litres;

luggage of travellers in

quantities which are sent
another in quantities not exceeding 10 litres;

in consignments from one private individual to

quantities which are forming part of the belongings of private individuals who
are moving house;

quantities which are imported for the purpose of scientific or technical
experiments, subject to a maximum of 1 hectolitre;

quantities which are
establishments as part of their duty-free allowance;

imported

diplomatic,

for

consular

or

similar

quantities which are held on board international means of transport as
victualling supplies.

The case of exemption referred to in paragraph 1 may not be combined with one or more of
the cases of exemption referred to in paragraph 2.

36

FINANCIAL STATEMENT

1.

2.

3.

4.

BUDGET HEADING:
Chapter 10 – Agricultural duties

APPROPRIATIONS:
EUR 1 180 million

TITLE:
Council Decision on the conclusion of an Additional Protocol to the Interim Agreement between the
European Community and their Member States, of the one part, and the Former Yugoslav Republic of
Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on
reciprocal preferential concessions for certain wines and spirits, the reciprocal recognition, protection
and control of wine names and the reciprocal recognition, protection and control of designations for
spirits and aromatised drinks.

LEGAL BASIS:
Article 133 of the Treaty

AIMS OF MEASURE:
To establish reciprocal agricultural concessions for certain wines and spirits between the EU and the
Former Yugoslav Republic of Macedonia.

5.

FINANCIAL IMPLICATIONS

PERIOD OF
12 MONTHS

(EUR million)

CURRENT
FINANCIAL
YEAR 2001
(EUR million)

FOLLOWING
FINANCIAL
YEAR 2002
(EUR million)

5.0

5.1

CHARGED TO THE EC BUDGET

NATIONAL ADMINISTRATION
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTION)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
-

NATIONAL

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

-

-

-

-

2003
-
-

2004
-
-

2005
-
-

6.0

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
THE RELEVANT CHAPTER OF THE CURRENT BUDGET?

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
OF THE CURRENT BUDGET?

6.2

IS A SUPPLEMENTARY BUDGET NECESSARY?

6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?

-

-

2006
-
-

YES

YES

NO

NO

OBSERVATIONS:

The proposed measure explicitly allocates part of the existing quota of 545 000 hl to the Former Yugoslav
Republic of Macedonia. There is, therefore, no additional financial impact.

37