2002/296/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 Republic of Slovenia 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) 664)
Date: 2002-03-18
Institutions: European Commission
Subjects: Slovenia, agreement (EU), tariff quota, wine

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17.4.2002

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 Republic of Slovenia 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) 664)

(2002/296/EC)

THE COMMISSION OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

(3)

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

Having regard to Council Decision 2001/920/EC of 4
December 2001 concerning 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
recognition,
protection and control of wine names and the reciprocal recog-
nition, protection and control of designations for spirits and
aromatised drinks (1), and in particular Article 3 thereof,

for certain wines,

the reciprocal

Whereas:

Paragraph 6 of Annex I (Agreement between the Euro-
pean Community and the Republic of Slovenia on reci-
procal preferential trade concessions for certain wines)
of the Additional Protocol, which was concluded on 7
December 2001,
to
benefit from the tariff concessions is subject to presenta-
tion of a certificate issued by a mutually recognised
official body appearing on a list drawn up jointly, to the
effect that the wine in question complies with point 5(b).

the entitlement

stipulates

that

(1)

(2)

HAS DECIDED AS FOLLOWS:

Article 1

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

the Additional Protocol on reciprocal preferential

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.

Article 2

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

Done at Brussels, 18 March 2002.

The Commission, on behalf of the Community, and
Slovenia have agreed implementing rules for the above-
mentioned certificate. Therefore, the Commission should
approve these rules agreed upon in the form of an
Exchange of Letters.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 342, 27.12.2001, p. 79.

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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 Republic of Slovenia on reciprocal preferential trade concessions for certain wines (1)

A. Letter from the Commission

Brussels, 19 March 2002

Sir,

I have the honour to refer to Annex I (Agreement between the European Community and the Republic of Slovenia on
reciprocal preferential trade concessions for certain wines) of 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 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 7 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
Republic of Slovenia, the following rules have been agreed upon as regards the abovementioned certificate:

1. Wines originating in the Community imported into the Republic of Slovenia

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 × 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 points 1.3,
1.4 and 1.5 shall be drawn up jointly and exchanged between the Parties.

The Commission will

inform in due time the Republic of Slovenia 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 Republic of
Slovenia that carries out such formalities. 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 Regulation (EC) No 884/2001.

(1) Annex I of the Agreement in the form 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.

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1.9.

The certificate referred to in point 1.1 replaces the certificates referred to in the Slovene legislation.

1.10. Certificates completed in accordance with the Slovene legislation 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 Republic of Slovenia and imported into the Community

2.1.

2.2.

The certificate referred to in paragraph 6 of this Agreement is the V I 1 or V I 2 document completed in accordance
with 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 Republic of Slovenia 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 Slovenian Government.

I should be obliged if you would confirm that your Government is in agreement with the content of this letter.

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

On behalf of the European Community

José Manuel SILVA RODRIGUEZ

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ANNEX

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B. Letter from the Republic of Slovenia

Ljubljana, 19 March 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 between the European Community and the Republic of Slovenia
on reciprocal preferential trade concessions for certain wines) of 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 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 7 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
Republic of Slovenia, the following rules have been agreed upon as regards the abovementioned certificate:

1. Wines originating in the Community imported into the Republic of Slovenia

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 × 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 points
1.3, 1.4 and 1.5 shall be drawn up jointly and exchanged between the Parties.

The Commission will

inform in due time the Republic of Slovenia 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 Republic
of Slovenia that carries out such formalities. 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 Regulation (EC) No 884/2001.

1.9.

The certificate referred to in point 1.1 replaces the certificates referred to in the Slovene legislation.

1.10. Certificates completed in accordance with the Slovene legislation 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 Republic of Slovenia and imported into the Community

2.1.

2.2.

The certificate referred to in paragraph 6 of this Agreement is the V I 1 or V I 2 document completed in
accordance with 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 Republic of Slovenia 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 Slovenian Government.

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ANNEX

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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.

On behalf of the Government of the Republic of Slovenia

Franc BUT