2001/920/EC: Council Decision of 4 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks
Date: 2001-12-03
Institutions: Council of the European Union
Subjects: Slovenia, alcoholic beverage, association agreement (EU), designation of origin, tariff quota, wine

27.12.2001

EN

Official Journal of the European Communities

L 342/79

COUNCIL DECISION
of 4 December 2001
on the conclusion of an Additional Protocol adjusting the trade aspects of the Europe Agreement
establishing an association between the European Communities and their Member States, acting
within the framework of the European Union, of the one part, and the Republic of Slovenia, of the
other part, to take account of the outcome of the negotiations between the parties on reciprocal
preferential concessions for certain wines, the reciprocal recognition, protection and control of
wine names and the reciprocal recognition, protection and control of designations for spirits and
aromatised drinks

(2001/920/EC)

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 with Article 300(4), thereof,

(4)

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Europe Agreement establishing an association
between the European Communities and their Member
States, acting within the framework of the European
Union, of the one part, and the Republic of Slovenia, of
the other part (1), hereinafter referred to as the ‘Europe
Agreement’, entered into force on 1 February 1999.

In accordance with the Directives adopted by the
Council on 17 April 1996, the Commission and the
Republic of Slovenia have completed negotiations on
new reciprocal trade concessions for certain wines and
on the reciprocal recognition, protection and control of
wine names and spirit designations. In order to ensure
consistency with other applicant countries, the results of
these negotiations should be integrated into the frame-
work of the Europe Agreement in the form of an Addi-
tional Protocol.

Provision 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 of 12 October
1992 establishing the Community Customs Code (2),
notwithstanding Article 62 of Council Regulation (EC)
No 1493/1999 of 17 May 1999 on the common organ-
in wine (3). The Commission
isation of
should make the necessary amendments and technical
adaptations to the implementing Regulations which
might result from new preferential agreements, proto-
cols, Exchanges of Letters or other acts concluded

the market

(1) OJ L 51, 26.2.1999, p. 3.
(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

(3) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

between the European Community and the Republic of
Slovenia, 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 amending the lists and the Protocols to the
Agreement on the reciprocal recognition, protection and
control of wine names (Annex II to the Protocol) and to
the Agreement on the reciprocal recognition, protection
and control of designations of spirits and aromatised
drinks (Annex III to the Protocol). In adopting these acts,
the Commission should be assisted by the Management
Committee for Wine set up by Article 74 of Regulation
(EC) No 1493/1999, on the one hand, and by the Imple-
mentation Committee for Spirit Drinks set up by Article
13 of Council Regulation (EC) No 1576/89 of 29 May
1989 laying down general
rules on the definition,
description and presentation of spirit drinks (4) and by
the Implementation Committee set up by Article 12 of
Council Regulation (EEC) No 1601/1991 of 10 June
1991 laying down general
rules on the definition,
description and presentation of aromatised wines, wine-
based drinks and aromatised wine-product cocktails (5),
on the other hand.

(5)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (6),

HAS DECIDED AS FOLLOWS:

Article 1

The Additional Protocol adjusting the trade aspects of the
Europe Agreement establishing an association between the
European Communities and their Member States, acting within
the framework of the European Union, of the one part, and the
Republic of Slovenia, of the other part, to take account of the
outcome of the negotiations between the parties on reciprocal
preferential trade concessions for certain wines, 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.

(4) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regula-
the

the European Parliament and of

tion (EC) No 3378/94 of
Council (OJ L 366, 31.12.1994, p. 1).

(5) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regula-
the

the European Parliament and of

tion (EC) No 2061/96 of
Council (OJ L 277, 30.10.1996, p. 1).

(6) OJ L 184, 17.7.1999, p. 23.

L 342/80

EN

Official Journal of the European Communities

27.12.2001

The text of the Protocol

is attached to this Decision.

in Article 6(2) of this Decision. For all other cases coming
under the above Articles, the Community position shall be
established and presented by the Commission.

Article 2

The President of the Council

1.
is hereby authorised to
designate the person empowered to sign the Protocol on behalf
of the Community in order to express the consent of the
Community to be bound.

The President of

2.
the
Community, make the notification of approval provided for in
Article 3 of the Protocol.

the Council shall, on behalf of

Article 6

1.
The Commission shall be assisted by the Management
Committee for Wine instituted by Article 74 of Regulation (EC)
No 1493/1999.

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

Article 3

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

Provisions for the application of the tariff quotas for certain
wines provided in Annex I to the Protocol, as well as amend-
ments and technical adaptations to the implementing Regula-
tions necessary following changes to the Combined Nomencla-
ture 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 Republic of
Slovenia, shall be adopted by the Commission according to the
procedure set out in Article 4(2) of this Decision, without
prejudice to Article 62 of Regulation (EC) No 1493/1999.

Article 4

1.
The Commission shall be assisted by the Customs Code
Committee set up by Article 248a of Regulation (EEC) No
2913/92.

2. 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 set at three months.

3.

The Committee shall adopt its rules of procedure.

3.

The Committee shall adopt its rules of procedure.

Article 7

1.
For the purposes of the decisions of the Association
Committee concerning the establishment of lists of protected
designations provided for in Article 4(7) and in Article 14(2)(a)
of the Agreement on the reciprocal recognition, protection and
control of designations for spirits and aromatised drinks, the
Community's position shall be established by the Council
acting by qualified majority on a proposal from the Commis-
sion.

2. Without prejudice to paragraph 1, for the purposes of
Articles 13 and 14 of the Agreement on the reciprocal recogni-
tion, protection and control of designations for spirits and
aromatised drinks, the Commission shall conclude the neces-
sary acts amending the lists and the Protocol to the Agreement
according to the procedure set out in Article 8(2) of this
Decision. For all other cases coming under the above Articles,
the Community position shall be established and presented by
the Commission.

Article 8

Article 5

1.
For the purposes of the decisions of the Association
Committee concerning the establishment of lists of protected
names provided for in Article 4(7) and in Article 14(2)(a) of the
recognition, protection and
Agreement on the reciprocal
control of wine names, the Community's position shall be
established by the Council acting by qualified majority on a
proposal from the Commission.

2. Without prejudice to paragraph 1, for the purposes of
Articles 13 and 14 of the Agreement on the reciprocal recogni-
tion, protection and control of wine names, the Commission
shall conclude the necessary acts amending the lists and the
Protocol to the Agreement according to the procedure set out

The Commission shall be assisted by the Implementation
1.
Committee for Spirit Drinks set up by Article 13 of Regulation
(EEC) No 1576/89 and by the Implementation Committee for
Aromatised Wines, Aromatised Wine-Based Drinks
and
Aromatised Wine-Product Cocktails set up by Article 12 of
Council Regulation (EEC) No 1601/91.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period provided for in Article 5(6) of Decision 1999/
468/EC shall be set at one month.

3.

The Committee shall adopt their rules of procedure.

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EN

Official Journal of the European Communities

L 342/81

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

Article 9

Done at Brussels, 4 December 2001.

For the Council

The President

D. REYNDERS