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: 2005-11-23
Institutions: European Community, United States
Subjects: United States, designation of origin, labelling, trade agreement (EU), vinification, wine

L 301/16

EN

Official Journal of the European Union

18.11.2005

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

A. Letter from the Community

Brussels,

Sir,

I have the honour to confirm the following understanding reached between the European Community
(hereinafter the ‘Community’) and the United States of America (hereinafter the ‘United States’)
in
connection with the Agreement between the European Community and the United States of America on
Trade in Wine (the ‘Wine Agreement’) initialed on 14 September 2005.

1. Taking into account the need not to disrupt trade in wine between the Parties pending the entry into
force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 as provided
for in its Article 17(2), the Community shall continue to apply:

(a)

its authorisations regarding wine-making practices in effect as of the date of this letter for wines
originating in the United States set forth in Council Regulation (EC) No 1037/2001, and prolonged
by Council Regulation (EC) No 2324/2003; and

(b) the certification requirements in effect as of the date of this letter specified in Commission Regulation

(EC) No 883/2001.

2. Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not restrict,
on the basis of either wine-making practices or product specifications, the importation, marketing or sale
of wine originating in the territory of the Community that is produced using wine-making practices and
procedures that are authorised under laws, regulations and requirements of the Community as of the date
of this letter, and the United States accepts those practices and procedures within the meaning of Section
2002(a)(1)(B) of US Public Law 108-429. This undertaking by the United States is with respect to wine
that falls within the scope of the Wine Agreement and, in particular, Article 3 thereof. Measures taken by
either Party for the protection of human health and safety are outside the scope of this undertaking. The
agreement hereinafter described does not contain any requirement for a certification by the Community
that the practices and procedures used to produce wine in the Community constitute proper cellar
treatment within the meaning of Section 2002 of US Public Law 108-429.

(7 %) by volume, but also recognising that such wine originating in the territory of

3. Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than 7
percent
the
Community is produced using the wine-making practices and procedures that are authorised under
laws, regulations and requirements of the Community listed in Annex I of the Wine Agreement, the
United States accepts those practices and procedures with respect to such wine within the meaning of
Section 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs 1(a)
and 1(b) above are satisfied or Articles 4 and 9 of the Wine Agreement are in force. Furthermore, the
agreement hereinafter described does not contain any requirement for certification by the Community
that the practices and procedures used to produce wine with an alcohol content of less than 7 percent
(7 %) by volume in the Community constitute proper cellar treatment within the meaning of section
2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party for the protection of human
health and safety are outside the scope of this undertaking.

4. Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine Agreement,
as provided for in Article 17(2) thereof, but no longer than for a period of three years from the date of
entry into force of this agreement hereinafter described. Notwithstanding the foregoing, if Articles 4 and
9 are not in application within this three-year period, the period shall be extended for an additional two
years.

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EN

Official Journal of the European Union

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5. Should either Party notify the other of its intention not to sign the Wine Agreement, or should it
withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelve months
after the date of receipt of notification by a Party that the other Party does not intend to sign the Wine
Agreement, or on the date that withdrawal from the Wine Agreement under Article 14 thereof is
effective, as applicable.

6. Either Party may withdraw from the present agreement hereinafter described at any time by providing
written notification to the other Party. Withdrawal shall take effect twelve months after the date of
receipt of the notification by the other Party, unless the notification specifies a later date or the
notification is rescinded prior to the specified date.

If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your
letter in reply confirming that you share this understanding shall constitute an agreement between the
Community and the United States, which shall enter into force on the date of your letter in reply.

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

For the European Community

L 301/18

EN

Official Journal of the European Union

18.11.2005

B. Letter from the United States

Sir,

I have the honor to acknowledge receipt of your letter of this date which reads as follows:

‘I have the honour to confirm the following understanding reached between the European Community
(hereinafter the “Community”) and the United States of America (hereinafter the “United States”) in
connection with the Agreement between the European Community and the United States of America on
Trade in Wine (the “Wine Agreement”) initialled on 14 September 2005.

1. Taking into account the need not to disrupt trade in wine between the Parties pending the entry into
force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 as
provided for in its Article 17(2), the Community shall continue to apply:

(a)

its authorisations regarding wine-making practices in effect as of the date of this letter for wines
forth in Council Regulation (EC) No 1037/2001, and
originating in the United States set
prolonged by Council Regulation (EC) No 2324/2003; and

(b) the certification requirements in effect as of the date of this letter specified in Commission

Regulation (EC) No 883/2001.

2. Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not
restrict, on the basis of either wine-making practices or product specifications, the importation,
marketing or sale of wine originating in the territory of the Community that is produced using
wine-making practices and procedures that are authorised under laws, regulations and requirements
of the Community as of the date of this letter, and the United States accepts those practices and
procedures within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429. This undertaking
by the United States is with respect to wine that falls within the scope of the Wine Agreement and,
in particular, Article 3 thereof. Measures taken by either Party for the protection of human health and
safety are outside the scope of this undertaking. The agreement hereinafter described does not
contain any requirement for a certification by the Community that the practices and procedures
used to produce wine in the Community constitute proper cellar treatment within the meaning of
Section 2002 of US Public Law 108-429.

3. Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than
7 percent (7 %) by volume, but also recognising that such wine originating in the territory of the
Community is produced using the wine-making practices and procedures that are authorised under
laws, regulations and requirements of the EC listed in Annex I of the Wine Agreement, the United
States accepts those practices and procedures with respect to such wine within the meaning of
Section 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs
1(a) and 1(b) above are satisfied or Articles 4 and 9 of
the Wine Agreement are in force.
Furthermore, the agreement hereinafter described does not contain any requirement for certification
by the Community that the practices and procedures used to produce wine with an alcohol content
of less than 7 percent (7 %) by volume in the Community constitute proper cellar treatment within
the meaning of section 2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party for
the protection of human health and safety are outside the scope of this undertaking.

4. Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine
Agreement, as provided for in Article 17(2) thereof, but no longer than for a period of three
years from the date of entry into force of this agreement hereinafter described. Notwithstanding
the foregoing, if Articles 4 and 9 are not in application within this three-year period, the period shall
be extended for an additional two years.

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EN

Official Journal of the European Union

L 301/19

5. Should either Party notify the other of its intention not to sign the Wine Agreement, or should it
withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelve
months after the date of receipt of notification by a Party that the other Party does not intend to
sign the Wine Agreement, or on the date that withdrawal from the Wine Agreement under Article
14 thereof is effective, as applicable.

6. Either Party may withdraw from the present agreement hereinafter described at any time by
providing written notification to the other Party. Withdrawal shall take effect twelve months after
the date of receipt of the notification by the other Party, unless the notification specifies a later date
or the notification is rescinded prior to the specified date.

If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your
letter in reply confirming that you share this understanding shall constitute an agreement between the
Community and the United States, which shall enter into force on the date of your letter in reply.’

I have the honor to confirm that the United States of America shares the understanding set forth in your
letter and to confirm that your letter and this letter in reply shall constitute an agreement between the
United States of America and the European Community, which shall enter into force on the date of this
reply.

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

For the United States of America