2001/919/EC: Council Decision of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Interim Agreement between the European Community, of the one part, and the Republic of Croatia, 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: Croatia, alcoholic beverage, association agreement (EU), designation of origin, tariff quota, wine

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COUNCIL DECISION

of 3 December 2001

on the conclusion of an Additional Protocol adjusting the trade aspects of the Interim Agreement
between the European Community, of the one part, and the Republic of Croatia, 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

(2001/919/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 Article 300(4) thereof,

(4)

Having regard to the proposal from the Commission,

Whereas:

The Stabilisation and Association Agreement between
the European Communities and their Member States, of
the one part, and the Republic of Croatia, of the other,
hereinafter referred to as the Stabilisation and Associa-
tion Agreement, was initialled on 14 May 2001 and
signed on 29 October 2001 at Luxembourg. Article
27(4) of the Stabilisation and Association Agreement
provides that the trade arrangements to apply to wine
and spirits products remain to be defined.

(5)

An Interim Agreement will ensure the development of
trade links through the establishment of a contractual
relation and shall implement as speedily as possible the
provisions of the Stabilisation and Association Agree-
ment on trade and trade-related matters. This Interim
Agreement was initialled on 10 July 2001 and signed on
29 October 2001 at Luxembourg. Article 14(4) of the
Interim Agreement repeats the commitment to a sepa-
rate wine and spirits protocol.

In accordance with the Directives adopted by the
Council on 13 November 2000, the Commission and
the Republic of Croatia reached agreement on 20 April
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 inte-
grated into the framework of the Interim Agreement in
the form of an Additional Protocol.

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 of 12 October
1992 establishing the Community Customs Code (1),
notwithstanding Article 62 of Council Regulation (EC)
No 1493/1999 of 17 May 1999 on the common organ-
isation of the market in wine (2). The Commission shall
make the necessary amendments and technical adapta-
tions 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 Republic of Croatia,
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 (EEC) No 1576/89 of 29 May
1989 laying down general
rules on the definition,
description and presentation of spirit drinks (3) and the
Implementation Committee for Aromatised wines 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, aromatised wine-based drinks and aromatised
wine-product cocktails (4), on the other hand.

(1) 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).

(2) 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).

(3) 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).

(4) 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, 31.10.1996, p.2).

(1)

(2)

(3)

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(6)

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 (1),

HAS DECIDED AS FOLLOWS:

Article 1

The Additional Protocol adjusting the trade aspects of the
Interim Agreement between the European Community, of the
one part, and the Republic of Croatia, 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 desig-
nations for spirits and aromatised drinks (hereinafter referred to
as
the
Community.

is hereby approved on behalf of

‘the Protocol’),

The text of the Protocol

is attached to this Decision.

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 3

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
Croatia, shall be adopted by the Commission according to the
procedure set out in Article 4(2) of this Decision, notwith-
standing Article 62 of Regulation (EC) No 1493/1999.

Article 4

The Commission shall be assisted by the Customs Code
1.
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.

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

3.

The Committee shall adopt its rules of procedure.

Article 5

For

the purposes of

the decisions of

the Interim
1.
Committee concerning the establishment of lists of protected
names provided for in Article 4(7) and Article 14(2)(a) of the
Agreement on the reciprocal
recognition, protection and
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
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 6

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

2. Where reference is made to this paragraph, the manage-
ment procedure laid down in 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 one month.

3.

The Committee shall adopt its rules of procedure.

Article 7

For

the purposes of

the decisions of

1.
the Interim
Committee concerning the establishment of lists of protected
designations provided for in Article 4(5) and 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

The Commission shall be assisted by the Implementation
1.
Committee for Spirit Drinks instituted by Article 13 of Regula-
tion (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
Regulation (EEC) No 1601/91.

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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 one month.

3.

The Committees shall adopt their rules of procedure.

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

Article 9

Done at Brussels, 3 December 2001.

For the Council

The President

F. VANDENBROUCKE