2006/187/EC: Council Decision of  21 December 2005  on the conclusion of Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria and Romania, respectively, on reciprocal preferential trade concessions for certain wines, and amending Regulation (EC) No 933/95
Date: 2005-12-21
Institutions: Council of the European Union
Subjects: Bulgaria, Romania, import, import licence, originating product, tariff quota, trade agreement (EU), wine

8.3.2006

EN

Official Journal of the European Union

L 66/21

COUNCIL DECISION

of 21 December 2005

on the conclusion of Agreements in the form of Exchanges of Letters between the European
Community and the Republic of Bulgaria and Romania, respectively, on reciprocal preferential
trade concessions for certain wines, and amending Regulation (EC) No 933/95

(2006/187/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

An Agreement in the form of an Exchange of Letters between the European Community and the
Republic of Bulgaria on the reciprocal establishment of tariff quotas for certain wines (1) was signed
on 29 November 1993.

An Agreement in the form of an Exchange of Letters between the European Community and
tariff quotas for certain wines (2) was signed on
Romania on the reciprocal establishment of
26 November 1993.

In accordance with the directives issued by the Council, the Commission and the two associated
countries concerned concluded negotiations on new concessions for certain wines. The results of
these negotiations should in time be integrated into the framework of the Europe Agreements in the
form of additional Protocols containing provisions for the mutual protection of wine names and
spirits designations.

Pending the conclusion and adoption of the Additional Protocols and in order to implement the
results of the negotiations on new concessions for certain wines, Agreements in the form of
Exchanges of Letters between the Community and the two associated countries concerned on
reciprocal preferential
trade concessions for certain wines should be adopted. The concessions
provided for by these two Agreements should be identical to those contained in the planned
additional Protocols to the Europe Agreements. The latter will, on their entry into force, replace
the two Agreements.

Council Regulation (EC) No 933/95 of 10 April 1995 opening and providing for the administration
of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania (3) should
be amended in accordance with the two Agreements.

to facilitate the implementation of certain provisions of

the
In order
Commission should be authorised to adopt the necessary legislation for their implementation in
accordance with the procedure laid down in Article 75 of Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in wine (4).

the two Agreements,

(7)

The two Agreements should be approved,

(1) OJ L 337, 31.12.1993, p. 3. Agreement as last amended by the Agreement in the form of an Exchange of Letters
amending the Agreement in the form of an Exchange of Letters between the European Community and the Republic
of Bulgaria on the reciprocal establishment of tariff quotas for certain wines (OJ L 49, 22.2.2000, p. 7).

(2) OJ L 337, 31.12.1993, p. 173. Agreement as last amended by the Agreement in the form of an Exchange of Letters
amending the Agreement in the form of an Exchange of Letters between the European Community and Romania on
the reciprocal establishment of tariff quotas for certain wines (OJ L 49, 22.2.2000, p. 15).

(3) OJ L 96, 28.4.1995, p. 1. Regulation as last amended by Regulation (EC) No 678/2001 (OJ L 94, 4.4.2001, p. 1).
(4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005,

p. 1).

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Official Journal of the European Union

8.3.2006

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Republic
of Bulgaria on reciprocal preferential trade concessions for certain wines, attached to this Decision, is hereby
approved on behalf of the Community.

The Agreement in the form of an Exchange of Letters between the European Community and Romania on
reciprocal preferential trade concessions for certain wines, attached to this Decision, is hereby approved on
behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the two
Agreements in order to bind the Community.

Article 3

The Commission is hereby authorised to adopt the necessary acts for the implementation of the two
Agreements, in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999.

Article 4

Regulation (EC) No 933/95 is hereby amended as follows:

1. Article 1 shall be replaced by the following:

Article 5

‘Article 1

1.
From 1 January 2005, and without prejudice to paragraph 2, the customs duties applicable on
importation of the following products originating in Bulgaria and Romania shall be suspended at levels
and within the limits of tariff quotas as indicated with respect to each product:

(a) Wines originating in Bulgaria:

Order No

CN code (1)

Description (2)

09.7001

ex 2204 10

Sparkling wine,
in containers
holding not more than 2 litres

Annual
quantity from
1.1.2005
(hl)

Yearly
increase from
1.1.2006
(hl)

4 000

200

09.7003

ex 2204 21 Wine of fresh grapes

510 000

25 500

09.7005

ex 2204 29 Wine of fresh grapes

195 000

0

Tariff quota
duty

free

free

free

(1) See TARIC codes in Annex III.
(2) Notwithstanding the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to
be considered as indicative only, the preferential scheme being determined, within the context of Article 1(1), by the coverage
of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code
and corresponding description taken together.

(b) Wines originating in Romania:

Order No

CN code (1)

Description (2)

Annual quantity
from 1.1.2005
(hl)

Tariff quota
duty

09.7013

ex 2204 10
ex 2204 21
ex 2204 29

Wine of fresh grapes

345 000

free

(1) See TARIC codes in Annex III.
(2) Notwithstanding the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to
be considered as indicative only, the preferential scheme being determined, within the context of Article 1(1), by the coverage
of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code
and corresponding description taken together.

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Official Journal of the European Union

L 66/23

Admission under the tariff quotas referred to in paragraph 1 shall be confined to wines accom-
2.
panied by a completed document VI 1 or an extract VI 2, in accordance with Commission Regulation
(EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation
(EC) No 1493/1999 as regards trade with third countries in products in the wine sector (*).

___________
(*) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 2079/2005 (OJ L 333,

20.12.2005, p. 6).’;

2. The Annex shall be replaced by the text in Annex to this Decision.

Done at Brussels, 21 December 2005.

For the Council
The President

B. BRADSHAW