2002/500/EC: Commission Decision of 18 March 2002 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the former Yugoslav Republic of Macedonia concerning the certificate referred to in paragraph 6 of the Agreement on reciprocal preferential trade concessions for certain wines (notified under document number C(2002) 665)
Date: 2002-03-18
Institutions: European Commission
Subjects: North Macedonia, agreement (EU), tariff quota, wine

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 18 March 2002

on the conclusion of the Agreement in the form of an Exchange of Letters between the European
Community and the former Yugoslav Republic of Macedonia concerning the certificate referred to
in paragraph 6 of the Agreement on reciprocal preferential trade concessions for certain wines

(notified under document number C(2002) 665)

(2002/500/EC)

THE COMMISSION OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity,

Having regard to Council Decisions 2001/916/EC (1) and 2001/
917/EC (2) of 3 December 2001 concerning the conclusion of
an Additional Protocol adjusting the trade aspects of the Stabili-
sation and Association Agreement between the European Com-
munities and their Member States, of the one part, and the for-
mer Yugoslav Republic of Macedonia, of the other part, and an
Additional Protocol adjusting the trade aspects of the Interim
Agreement between the European Community and the former
Yugoslav Republic of Macedonia to take account of the out-
come of the negotiations between the parties on reciprocal pre-
ferential concessions for certain wines, the reciprocal recogni-
tion, protection and control of wine names and the reciprocal
recognition, protection and control of designations for spirits
and aromatised drinks, and in particular Article 3 thereof,

on 18 December 2001, stipulates that the entitlement to
benefit from the tariff concessions is subject to presenta-
tion of a certificate issued by a mutually recognised offi-
cial body appearing on a list drawn up jointly, to the ef-
fect that the wine in question complies with point 5(b).

(3)

The Commission, on behalf of the Community, and the
former Yugoslav Republic of Macedonia have agreed in
the Additional Protocols on wine to the Stabilisation and
Association Agreement and the Interim Agreement im-
plementing rules for
the abovementioned certificate.
Therefore, the Commission should approve these rules
agreed upon in the form of an Exchange of Letters.

(4)

The measures provided for in this Decision and in the at-
tached Exchange of Letters are in accordance with the
opinion of the Customs Code Committee,

Whereas:

HAS DECIDED AS FOLLOWS:

(1) Within these Decisions the Council has concluded with
the former Yugoslav Republic of Macedonia Additional
Protocols including Agreements on reciprocal preferen-
tial concessions for certain wines, the reciprocal recogni-
tion, protection and control of wine names and the reci-
procal
of
protection
designations for spirits and aromatised drinks, hereinafter
referred to as ‘Additional Protocols on wine’. The Addi-
tional Protocols on wine apply as of 1 January 2002.

recognition,

control

and

(2)

Paragraph 6 of Annex 1 (Agreement on reciprocal pre-
ferential trade concessions for certain wines) of the Addi-
tional Protocols on wine to the Stabilisation and Associa-
tion Agreement and the Interim Agreement, concluded

(1) OJ L 342, 27.12.2001, p. 6.
(2) OJ L 342, 27.12.2001, p. 24.

Article 1

The Agreement in the form of an Exchange of Letters between
the European Community and the former Yugoslav Republic of
Macedonia concerning the certificate referred to in paragraph
6, Annex I of the Agreement on reciprocal preferential trade
concessions for certain wines is hereby approved on behalf of
the Community.

The text of the Agreement is attached to this Decision.

The Director-General for Agriculture and Rural Development of
the Commission of the European Communities is authorised to
sign the Agreement in the form of an Exchange of Letters.

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

Article 2

Done at Brussels, 18 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

EXCHANGE OF LETTERS

concerning the certificate referred to in paragraph 6 of the Agreement between the European Community and
the former Yugoslav Republic of Macedonia on reciprocal preferential trade concessions for certain wines (1)

A. Letter from the Commission

Brussels, 10 June 2002

Sir,

I have the honour to refer to Annex I (Agreement on reciprocal preferential trade concessions for certain wines) of the
Additional Protocol adjusting the trade aspects of 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,
and an Additional Protocol adjusting the trade aspects of the Interim Agreement between the European Community and
the former Yugoslav Republic of Macedonia, 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, which was concluded
on 18 December 2001, hereinafter called the ‘Agreement’.

The Agreement provides in paragraph 6 that the tariff concessions will be subject to the presentation of a certificate
issued by a mutually recognised official body appearing on lists drawn up jointly to the effect that the wine in question
complies with point 5(b) of the Agreement.

In accordance with the consultations which have taken place between the representatives of the Commission and the
former Yugoslav Republic of Macedonia, the following rules have been agreed upon as regards the abovementioned
certificate:

1. Wines originating in the Community imported into the former Yugoslav Republic of Macedonia:

1.1.

The certificate referred to in paragraph 6 of the Agreement shall be a certificate which conforms to the model set
out in the Annex to this Exchange of Letters and which has been completed in accordance with points 1.2 to 1.8.

1.2.

The certificate shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing
mechanical pulp, and weighing not less than 40 g/m². If the document has several copies only the top copy, which
is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked ‘original’
and the other copies ‘copy’.

1.3.

The certificate shall be printed in one of the official Community languages.

1.4.

Each certificate shall bear a serial number allocated.

1.5.

The certificate shall be certified,
in boxes 10 and 11 respectively, by the Community competent authorities,
agencies and laboratories. It shall comprise the original and at least one simultaneously produced copy, in that
order. Both the original and the copy shall accompany the wine. The certificate form must be completed either in
typescript or by hand and in the latter case it shall be completed in ink using block letters. It must contain no
erasures or overwritten words and may not be used if any errors are committed in completing it.

The information to be entered in box 11 of the certificate may be submitted in a separate analysis report, certified
by the competent laboratory. In this case, box 11 shall refer to the separate report.

1.6.

The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point 1.5
shall be drawn up jointly and exchanged between the Parties.

The Commission will inform in due time the former Yugoslav Republic of Macedonia of any update of this list.

(1) Annex I of the Agreement in the form of an Additional Protocol adjusting the trade aspects of 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, and an Additional Protocol adjusting the trade aspects of the Interim Agreement between the
European Community and the former Yugoslav Republic of Macedonia to take account 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.

the outcome of

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1.7.

1.8.

1.9.

The original and the copy of the certificate shall, on completion of the customs formalities for release for free
circulation of the consignment to which they relate, be handed over to the competent authority of the former
Yugoslav Republic of Macedonia that carries out such formalities. The authority shall endorse the back of the
certificate. It shall return the original to the person concerned and keep the copy for at least five years.

The certification in box 10 of the certificate may be replaced by an attestation of designation of origin in
accordance with Article 7 of Commission Regulation (EC) No 884/2001.

The certificate referred to in point 1.1 replaces the certificates referred to in the legislation of the former Yugoslav
Republic of Macedonia.

1.10. Certificates completed in accordance with the legislation of the former Yugoslav Republic of Macedonia in force
before the date of the entry into force of this exchange of Letters may be used until 1 July 2002 in place of the
certificate provided for in point 1.1.

2. Wines originating in the former Yugoslav Republic of Macedonia and imported into the Community:

2.1.

2.2.

The certificate referred to in paragraph 6 of the Agreement is the V I 1 or V I 2 document completed in accordance
with Commission Regulation (EC) No 883/2001.

The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point 2.1
shall be drawn up jointly and exchanged between the Parties.

The former Yugoslav Republic of Macedonia will inform in due time the Commission of any update of this list.

This Exchange of Letters shall enter into force after notification of the Government of the former Yugoslav Republic of
Macedonia.

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.

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ANNEX

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B. Letter from the former Yugoslav Republic of Macedonia

Skopje, 10 June 2002

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 Annex I (Agreement on reciprocal preferential trade concessions for certain wines) of
the Additional Protocol adjusting the trade aspects of 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, and an Additional Protocol adjusting the trade aspects of the Interim Agreement between the
European Community and the former Yugoslav Republic of Macedonia, 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, which was concluded on 18 December 2001, hereinafter called the “Agreement”.

The Agreement provides in paragraph 6 that the tariff concessions will be subject to the presentation of a certificate
issued by a mutually recognised official body appearing on lists drawn up jointly to the effect that the wine in
question complies with point 5(b) of the Agreement.

In accordance with the consultations which have taken place between the representatives of the Commission and the
former Yugoslav Republic of Macedonia, the following rules have been agreed upon as regards the abovementioned
certificate:

1. Wines originating in the Community imported into the former Yugoslav Republic of Macedonia:

1.1.

1.2.

The certificate referred to in paragraph 6 of the Agreement shall be a certificate which conforms to the model
set out in the Annex to this Exchange of Letters and which has been completed in accordance with points 1.2
to 1.8.

The certificate shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not
containing mechanical pulp, and weighing not less than 40 g/m². If the document has several copies only the
top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be
clearly marked “original” and the other copies “copy”.

1.3.

The certificate shall be printed in one of the official Community languages.

1.4.

Each certificate shall bear a serial number allocated.

1.5.

The certificate shall be certified, in boxes 10 and 11 respectively, by the Community competent authorities,
agencies and laboratories. It shall comprise the original and at least one simultaneously produced copy, in that
order. Both the original and the copy shall accompany the wine. The certificate form must be completed either
in typescript or by hand and in the latter case it shall be completed in ink using block letters. It must contain
no erasures or overwritten words and may not be used if any errors are committed in completing it.

The information to be entered in box 11 of the certificate may be submitted in a separate analysis report,
certified by the competent laboratory. In this case, box 11 shall refer to the separate report.

1.6.

The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point
1.5 shall be drawn up jointly and exchanged between the Parties.

The Commission will inform in due time the former Yugoslav Republic of Macedonia of any update of this list.

1.7.

The original and the copy of the certificate shall, on completion of the customs formalities for release for free
circulation of the consignment to which they relate, be handed over to the competent authority of the former
Yugoslav Republic of Macedonia that carries out such formalities. The authority shall endorse the back of the
certificate. It shall return the original to the person concerned and keep the copy for at least five years.

1.8.

The certification in box 10 of the certificate may be replaced by an attestation of designation of origin in
accordance with Article 7 of Commission Regulation (EC) No 884/2001.

1.9.

The certificate referred to in point 1.1 replaces the certificates referred to in the legislation of the former
Yugoslav Republic of Macedonia.

1.10. Certificates completed in accordance with the legislation of the former Yugoslav Republic of Macedonia in
force before the date of the entry into force of this exchange of Letters may be used until 1 July 2002 in place
of the certificate provided for in point 1.1.

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2. Wines originating in the former Yugoslav Republic of Macedonia and imported into the Community:

2.1.

2.2.

The certificate referred to in paragraph 6 of the Agreement is the V I 1 or V I 2 document completed in
accordance with Commission Regulation (EC) No 883/2001.

The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point
2.1 shall be drawn up jointly and exchanged between the Parties.

The former Yugoslav Republic of Macedonia will inform in due time the Commission of any update of this list.

This Exchange of Letters shall enter into force after notification of the Government of the former Yugoslav Republic
of Macedonia.

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I have the honour to confirm that my Government is in agreement with the contents of this letter.

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