CELEX: 22005A1118(01)
Language: en
Date: 2005-11-23 00:00:00
Title: 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

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.
         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 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.
 ---pagebreak--- 18.11.2005          EN                           Official Journal of the European Union                                   L 301/17
           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
 ---pagebreak--- 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
                      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.
              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.
 ---pagebreak--- 18.11.2005          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