2005/798/EC: Council Decision of 14 November 2005 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine
Date: 2005-11-14
Institutions: Council of the European Union
Subjects: United States, ratification of an agreement, trade agreement (EU), trade by product, wine

L 301/14

EN

Official Journal of the European Union

18.11.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 November 2005

concerning the conclusion of an Agreement in the form of an Exchange of Letters between the
European Community and the United States of America on matters related to trade in wine

(2005/798/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 133,
with the first sentence of
300(2) thereof,

establishing the European
in conjunction
the first subparagraph of Article

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

On 23 October 2000 the Council authorised the
Commission to negotiate an Agreement on trade in
wine between the European Community
and the
United States of America.

and

have

negotiations

been concluded

The
the
Agreement between the European Community and the
United States of America on trade in wine as well as an
Agreement
in the form of an Exchange of Letters
between the European Community and the United
States of America on matters related to trade in wine
was initialed by both Parties on 14 September 2005.

Certain derogations from the Community rules relating
to wine-making practices
and certain certification
practices are provided for in particular in Council Regu-
lation (EC) No 1037/2001 of 22 May 2001 authorising
the offer and delivery for direct human consumption of
certain imported wines which may have undergone
oenological processes not provided for in Regulation
(EC) No 1493/1999 (1) and in Commission Regulation
(EC) No 883/2001 of 24 April 2001 laying down

(4)

(5)

(6)

(7)

detailed rules for implementing Council Regulation (EC)
No 1493/1999 as regards trade with third countries in
products in the wine sector (2) in favour of wines origi-
nating in the United States.

The derogations will expire on 31 December 2005.
Articles 4 and 9 of the Agreement on trade in wine
will continue to treat wines originating in the United
States in the same way but, in accordance with Article
17(2) of that Agreement, these provisions will only apply
from the first day of the second month following receipt
of the written notice referred to in Article 6(3) of that
Agreement.

It was
therefore necessary to negotiate a separate
Agreement in the form of an Exchange of Letters to
the
cover the period from 31 December 2005 until
date of
the
application of Articles 4 and 9 of
Agreement on trade in wine.

The Agreement in the form of an Exchange of Letters
should therefore be approved.

to facilitate

implementation of

In order
the
the
Agreement in the form of an Exchange of Letters, the
Commission should be authorised to adopt the necessary
measures for its implementation, in accordance with the
procedure laid down in Council Regulation (EC) No
1493/1999 of 17 May 1999 on the common organi-
sation of the market in wine (3), including any necessary
prolongation of the derogation provided for in Regu-
lation (EC) No 1037/2001,

(2) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

(1) OJ L 145, 31.5.2001, p. 12. Regulation as amended by Regulation

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

(EC) No 2324/2003 (OJ L 345, 31.12.2003, p. 24).

lation (EC) No 1428/2004 (OJ L 263, 10.8.2004, p. 7).

18.11.2005

EN

Official Journal of the European Union

L 301/15

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

The Agreement in the form of an Exchange of Letters between
the European Community and the United States of America on
matters related to trade in wine (hereinafter referred to as the
Agreement) is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement in order to bind
the Community.

The Commission is hereby authorised to adopt the necessary
measures for implementation of the Agreement, in accordance
with the procedure laid down in Article 75(2) of Regulation
(EC) No 1493/1999, including any necessary prolongation of
the derogation provided for in Regulation (EC) No 1037/2001.

Article 4

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

Done at Brussels, 14 November 2005.

For the Council
The President

T. JOWELL