2002/501/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 Croatia 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) 666)
Date: 2002-03-18
Institutions: European Commission
Subjects: Croatia, agreement (EU), tariff quota, wine

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Official Journal of the European Communities

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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 Croatia 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) 666)

(2002/501/EC)

(3)

(4)

The Commission, on behalf of the Community, and the
Republic of Croatia have agreed in the Additional Proto-
cols on wine to the Stabilisation and Association Agree-
ment and the Interim Agreement implementing rules for
the abovementioned certificate. Therefore, the Commis-
sion should approve these rules agreed upon in the form
of an Exchange of Letters.

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,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between
the European Community and the Republic of Croatia concern-
ing the certificate referred to in paragraph 6, Annex 1 of the
Agreement on reciprocal preferential trade concessions for cer-
tain 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.

Article 2

This Decision shall be published in the Official Journal of the Eur-
opean Communities.

Done at Brussels, 18 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

THE COMMISSION OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decisions 2001/918/EC (1) and 2001/
919/EC (2) concerning the conclusion 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 Republic of Croatia, of
the other part, and an Additional Protocol adjusting the trade
aspects of the Interim Agreement between the European Com-
munity and the Republic of Croatia to take account of the out-
come of the negotiations between the parties on reciprocal pre-
ferential
reciprocal
recognition, protection and control of wine names and the reci-
procal recognition, protection and control of designations for
spirits and aromatised drinks, and in particular Article 3 there-
of,

certain wines,

concessions

the

for

Whereas:

(1) Within these Decisions the Council has concluded with
the Republic of Croatia Additional Protocols including
Agreements 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, hereinafter referred to as ‘Additional
Protocols on wine’. The Additional Protocols on wine ap-
ply as of 1 January 2002.

(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
on 7 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).

(1) OJ L 342, 27.12.2001, p. 42.
(2) OJ L 342, 27.12.2001, p. 60.

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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 Croatia 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 Republic of Croatia, of the other part, and an Additional
Protocol adjusting the trade aspects of the Interim Agreement between the European Community and the Republic of
Croatia, 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 Croatia, the following rules have been agreed upon as regards the abovementioned certificate:

1. Wines originating in the Community imported into the Republic of Croatia:

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 Republic of Croatia 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
Croatia 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) 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 Republic of Croatia, of the
other part, and an Additional Protocol adjusting the trade aspects of the Interim Agreement between the European Community
and the Republic of Croatia 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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1.8.

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 Croatian legislation.

1.10. Certificates completed in accordance with the Croatian 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 Croatia 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 Republic of Croatia 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 Croatian 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.

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ANNEX

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B. Letter from the Republic of Croatia

Zagreb, 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 1 (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 Republic of Croatia, of the other part, and
an Additional Protocol adjusting the trade aspects of the Interim Agreement between the European Community and
the Republic of Croatia, 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 Croatia, the following rules have been agreed upon as regards the above mentioned certificate:

1. Wines originating in the Community imported into the Republic of Croatia:

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 Republic of Croatia 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 Croatia 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 Croatian legislation.

1.10. Certificates completed in accordance with the Croatian 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 Croatia 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 Republic of Croatia 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 Croatian Government.

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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.