CELEX: 51988PC0616
Language: en
Date: 1988-11-09
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria on the reciprocal establishment of tariff quotas for certain quality wines (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 616
Vol. 1988/0207
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 616 final
                                               Brussels , 9 November 1988
                               Proposai for a
                              COUNCIL DECISION
on the conclusion of an Agreement in the form of an exchange of letters
   between the European Economic Community and the Republic of Austria
       on the reciprocal establishment of tariff quotas for certain
                                quality wines
                       (presented by the Commission )
 ---pagebreak---                             EKPLANATORY MEMORANDUM
1 . In a Note Verbal e dated 1 April 1982 Austria requested negotiations with
    the Community on tariff concessions for quality wine in bottles covered
    by the EEC-Austria Agreement of 21 October 1981 on the control and
    reciprocal protection of quality wines and certain wines bearing a
    geographical ascription . 1
    The Commission accordingly negotiated with Austria on the basis of
    negotiating directives from the Council . The attached draft Agreement is
    the result of the negotiations and is in line with the directives .
2 . In view of the mutual interest and reciprocity obtained , it is proposed
    that the Council :
    - approve the draft exchange of letters annexed to this proposal ;
    - authorize the President of the Council to designate the person
      empowered to sign the exchange of letter on behalf of the Community .
 10JNOL 389 , 31.12.1981 , p. 2 .
                                                                              1
 ---pagebreak---                                 Proposai for a
                               COUNCIL DECISION
  on the conclusion of an Agreement In the form of an exchange of letters
    between the European Economic Community and the Republic of Austria
              on the reciprocal establishment of tariff quotas
                           for certain quality wines
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to tbe Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas pursuant to the Agreement concluded between the European Economic
Community and the Republic of Austria on 22 July 1972 the contracting
parties undertook to promote the expansion of reciprocal trade ;
Whereas it is in the Community 's interest to promote trade in quality wines
with Austria by means of reciprocal tariff concessions ;
Whereas the Commission has held negotiations with Austria to that end ;
whereas those negotiations have resulted in agreement ,
HAS DECIDED AS FOLLOWS : ■
                                    Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the Republic of Austria on the reciprocal
establishment of tariff quotas for certain quality wines is hereby approved
on behalf of the Community .
The text of the Agreement is attached to this Decision .
 ---pagebreak---                                  Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement in order to bind the Community .
Done at Brussels ,
                                                 For the Council
                                                 The President
 ---pagebreak---                                   AGREERENT
in the form of an exchange of letters between the European Economic
Community and. the Republic of Austria on the reciprocal establishment of
tariff quotas for certain quality wines .
                        A. Letter from the Conrmmity
                                                           Brussels ,
Sir ,
I have the honour to refer to the consultations which have taken place
between the European Economic Community and the Republic of Austria on the
reciprocal establishment of tariff quotas for certain quality wines . Since
it is in the interests of the Community and of Austria to foster , within
the meaning of Article 15 of the Agreement between the European Economic
Community and the Republic of Austria , signed on 22 July 1972 , the
development of trade in this sector , the two Parties have agreed to apply
the following provisions :
1 . Austria shall open an annual zero-duty tariff quota for 65 000 hi of
quality wines produced in specified regions as referred to in Regulation
(EEC) No 823/87 , other than sparkling wines , originating in the Community ,
in containers holding 2 litres or less , falling within subheading
ex 2204 21 . A of the Austrian customs tariff .
Until 31 December 1992 a volume of 17 000 hi of the quota shall be reserved
for Spain .
However , from 1 March of each quota period Austria shall grant all Member
States access to the outstanding balance of the volume reserved for Spain
which Spain has not 'used by 1 March .
Until Regulation (EEC) No 823/87 is implemented by Portugal the Portuguese
quality wines listed in Annex I shall be considered to be quality wines
produced in specified regions .
 ---pagebreak--- 2 . For as long as Austria imposes quantitative restrictions on imports of
wine the quantity reserved for the Community in the annual quota opened by
Austria for quality wines shall be at least equal to the quota of 85 000 hi
referred to above .
3 . Austria shall also open an annual zero-duty tariff quota for 2 000 hi of
sparkling quality wines produced in specified regions , as referred to in
Regulation (EEC) No 823/87 , originating in the Community , In containers
holding 2 litres or less , falling within subheading ex 22 04.10 of the
Austrian customs tariff .
4 . The Community shall open an annual zero-duty tariff quota for 85 000 hi
of quality wines which comply with the Republic of Austria 's 1985 law on
wine , originating in Austria , in containers holding 2 litres or less ,
falling within CN code ex 2204 21 .
However , imports into Spain and Portugal of wine originating in Austria
shall be subject to duties equal to those applied by Spain and Portugal
respectively to imports from the Community as constituted on
31 December 1985 .
5 . The Community shall also open an annual zero-duty tariff quota for
2 000 hi of sparkling quality wines which comply with the Republic of
Austria 's 1985 law on wine , originating in Austria , in containers holding 2
 litres or less , falling within CN code ex 2204 10 .
However , imports into Spain and Portugal of sparkling quality wines
 originating in Austria shall be subject to duties equal to those applied by
 Spain and Portugal respectively to imports from the Community as
 constituted on 31 December 1985 .
 6 . The quota period for the quotas referred to in points 1 to 5 above shall
 run from 1 July of each year to 30 June of the following year .
 1 However , for the first half of 1989 the quota volumes shall be 50% of the
    annual volumes and the date of 1 March referred to in the third paragraph
    of point 1 shall be replaced by 15 May .
 ---pagebreak--- 7 . Consignments of wine covered by the concessions provided for in this
Agreement must be accompanied by an import certificate , which shall be
valid from the date of issue until the end of the fourth month following
the month of issue but not valid after the end of the quota period
concerned or , where appropriate , after 1 March as referred to in the third
paragraph of point 1 or 15 May 1989 as referred to in footnote 1 to
point 6 . The system for granting certificates shall be administered in a
way which permits the agreed quantities to be imported . To that end the two
Parties shall regularly exchange information on the number of licences
issued and used . It is further agreed that the granting of an import
certificate may not be linked with any undertaking to buy a given quantity
of local wine .
The wine in question must be accompanied by a certificate issued by a
mutually recognized official body certifying that it complies with the
provisions of points 1 to 5 ; the list of official bodies shall be drawn up
by agreement between the Parties .
8 . The Contracting Parties shall ensure that the agreed mutual advantages
are not jeopardized by other measures .
9 . Consultations shall be held at the request of either Party on any
problem relating to the operation of this Agreement , which may be amended
by agreement between the Parties .
10 . This Agreement shall, apply in the territories in which the Treaty
establishing the European Economic Community applies and in accordance with
the conditions laid down in the said Treaty , on the one hand , and in the
territory of Austria on the other .
11 . This Agreement shall enter into force on 1 January 1989 and shall apply
for an intial period ending on 30 June 1992 . During the second half of 1991
consultations shall be held to decide whether it should be renewed and , if
so , in what form .
 ---pagebreak--- I should be obliged if you. would confirm that you? Government is in
agreement with the contents of this letter .
Please accept , Sir , the assurance of my highest consideration .
                                           On behalf of the Council of
                                           the European Communities
 ---pagebreak---                                      Letter No 2
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 the consultations which have taken place
      between the European Economic Community and the Republic of Austria on the
      reciprocal establishment of tariff quotas for certain quality wines . Since
      it is in the interests of the Community and of Austria to foster , within
      the meaning of Article 15 of the Agreement between the European Economic
      Community and the Republic of Austria , signed on 22 July 1972 , the
      development of trade in this sector , the two Parties have agreed to apply
      the following provisions :
      1 . Austria shall open an annual zero-duty tariff quota for 85 000 hi of
      quality wines produced in specified regions as referred to in Regulation
      ( EEC ) No 823/87 , other than sparkling wines , originating in the Community ,
      in containers holding 2 litres or less , falling within subheading
      ex 2204 21 . A  of the Austrian customs tariff .
      Until 31 December 1992 a volume of 17 000 hi of the quota shall be reserve!
      for Spain .
      However , from 1 March of each quota period Austria shall grant all Member
      States access to the outstanding balance of the volume reserved for Spain
      which Spain has not used by 1 March .
      Until Regulation (EEC ) No 823 / 87 is implemented by Portugal the Portuguese
      quality wines listed in Annex I shall be considered to be quality wines
      produced in specified regions .
 ---pagebreak--- 2 . For as long as Austria Imposes quantitative restrictions on imports of
wine the quantity reserved for the Community in the annual quota opened by
Austria for quality wines shall be at least equal to the quota of 85 000 hi
referred to above .
3 . Austria shall also open an annual zero-duty tariff quota for 2 000 hi of
sparkling quality wines produced in specified regions , as referred to in
Regulation (EEC ) No 823/87 , originating in the Community , in containers
holding 2 litres or less , falling within subheading ex 22 04.10 of the
Austrian customs tariff .
4 . The Community shall open an annual zero-duty tariff quota for 85 000 hi
of quality wines which comply with the Republic of Austria 's 1985 law on
wine , originating in Austria , in containers holding 2 litres or less ,
falling within CN code ex 2204 21 .
However , imports into Spain and Portugal of wine originating in Austria
shall be subject to duties equal to those applied by Spain and Portugal
respectively to imports from the Community as constituted on
31 December 1985 .
5 . The Community shall also open an annual zero-duty tariff quota for
2 000 hi of sparkling quality wines which comply with the Republic of
Austria 's 1985 law on wine , originating in Austria , in containers holding 2
litres or less , falling within CN code ex 2204 10 .
However , imports into Spain and Portugal of sparkling quality wines
originating in Austria shall be subject to duties equal to those applied by
Spain and Portugal respectively to imports from the Community as
constituted on 31 December 1985 .
6 . The quota period for the quotas referred to in points 1 to 5 above shall
run from 1 July of each year to 30 June of the following year . 1
1 However , for the first half of 1989 the quota volumes shall be 50% of the
   annual volumes and the date of 1 March referred to in the third paragraph
   of point 1 shall be replaced by 15 May .
 ---pagebreak---  7 . Consignments of wine covered by the concessions provided for in this
Agreement must be accompanied by an import certificate , which shall be
valid from the date of issue until the end of the fourth month following
 the month of issue but not valid after the end of the quota period
concerned or , where appropriate , after 1 March as referred to in the third
paragraph of point 1 or 15 May 1989 as referred to in footnote 1 to
point 6 . The system for granting certificates shall be administered in a
way which permits the agreed quantities to be imported . To that end the two
Parties shall regularly exchange information on the number of licences
issued and used . It is further agreed that the granting of an import
certificate may not be linked with any undertaking to buy a given quantity
of local wine .
The wine in question must be accompanied by a certificate issued by a
mutually recognized official body certifying that it complies with the
provisions of points 1 to 5 ; the list of official bodies shall be drawn up
by agreement between the Parties .
8 . The Contracting Parties shall ensure that the agreed mutual advantages
are not jeopardized by other measures .
9 . Consultations shall be held at the request of either Party on any
problem relating to the operation of this Agreement , which may be amended
by agreement between the Parties .
10 . This Agreement shall apply in the territories in which the Treaty
establishing the European Economic Community applies and in accordance with
the conditions laid down in the said Treaty , on the one hand , and in the
territory of Austria^ on the other .
11 . This Agreement shall enter into force on 1 January 1989 and shall apply
for an intial period ending on 30 June 1992 . During the second half of 1991
consultations shall be held to decide whether it should be renewed and , if
so , in what form .
 ---pagebreak---     I should be obliged if you would confirm that your Government is in
    agreement with the contents of this letter . 11
I have the honour to confirm that my Government is in agreement with the
contents of your Letter .
Please accept , Sir , the assurance of my highest consideration .
                                            For the Republie of Austria
 ---pagebreak---                                         ANNEX
List of wines produced in Portugal to be considered to be quality wines
produced in specified regions .
1 . Wines produced in accordance with the Portuguese legislation in force
concerning the "denominagao de origem controlada" :
- Dão ,
- Vinho verde ,
- Douro ,
- Bucelas ,
- Colaxes ,
- Bairrada ,
- Algarve (whether or not associated with one of the following terms :
   Lagoa , Lagos , Portimão or Tavira),
and wines produced in accordance with the Portuguese legislation in force
concerning the "indlcaxpao de proveniencia regulamentada" :
- Trás-os-Montes ,
- Beiras ,
- Ribatejo-Oeste .
2 . Liqueur wines produced in accordance with the Portuguese legislation in
force concerning the "denominacpao de origem controlada " :
- Vinho do Porto , which may also bear the following names : Porto , vin de
   Porto , Oporto , Port , Port wine , Portwein , Portvin , portwijn ;
- Vinho de Madeira , which may also bear the following names : Madeira ,
   Madeirawein , Madeira wine , vin de Madère , Madera , vino di Madera , Madeira
   wijn ;
- Moscatel de Setubal or Setùbal ;
- Caxcavelos .
 ---pagebreak--- FINANCIAL STATEMENT
                                                           DATE : 29 July 1988
1 . BUDGET HEADING : 1000                         APPROPRIATIONS :
2 . TITLE : Agreement between the EEC and the Republic of Austria on the
reciprocal establishment of tariff quotas for certain quality wines
3 . LEGAL BASIS : Article 113 of the EEC Treaty ard Article 15 of EEC-Austria
                   free trade Agreement of 22 July 1972
4 . AIMS : To foster trade in quality wine in bottles between the Community aid
           Austria
                                     PERIOD          CURRENT           FOLLOWING
5 . FINANCIAL IMPLICATIONS            OF 12       FINANCIAL YEAR     FINANCIAL YEAR
                                     MONTHS            f'BR Ì            r-89 i
5.1 REVENUE
     - OWN RESOURCES OF THE EC       -1.30            None           -1.30 million
       (CUSTOMS DUTIES )          million ECU                             ECU
                                   1990          1991         1992
5.1.1 ESTIMATED REVENUE           -1.30       - 1.30       -0.65
                                 million ECU million ECU million ECU
5.2 METHOD OF CALCULATION : Loss of revenue from customs duties :
           85 000 hi of quality wines         x 14.5 ECU/hl =      1 232 500 ECU
            2 000 hi of sparkling wine        x 40.0 ECU/hl =         80 000 ECU
                                                                   1 312 500 ECU
COMMENTS : The loss of revenue is calculated on the assumption that the quotas
are exhausted in each quota period and that no wine is imported into Spain or
Portugal under the quotas .
This tariff concession involves no reduction in expense to the Community budget
as regards export refunds , since Austria is one of the non-member countries for
which no refund can be granted .
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
      Cette mesure vise à la mise en oeù.vre de contingents tarifaires réciproques
à droit nul , respectivement par la Communauté        et par l' Autriche , pour les vins de
qualité en bouteilles ( 85.000 hl ) et ^our les       vins mousseux de qualité en
bouteilles ( 2.000 hl ).                   /
     Sont concernés par ces contingents , les viticulteurs , les consommateurs ainsi
que les importateurs et exportateurs de vin de la Communauté .
                     • '*<'•'2 '.«s ^ c^anger de '.inc avec l ' Aut r i : he uu ; '_ _
réciprocité . Il ne devrait pas avoir Jes effets directs sur la compétitivité
des entreprises et sur l' emploi .