EXCHANGE OF LETTERS regarding the exchange of letters on agriculture of 1972 on the granting of customs duty reductions for Community quality wine in bottles

I. Letter from the Austrian Federal Government Brussels, . . . . . .

Sir,

I refer to the customs duty reduction for quality wines originating in the Community which Austria granted in the exchanges of notes of 21 July 1972 and 14 July 1986 between the European Economic Community and Austria. The reduction was, among other things, made dependent on this wine being imported in bottles with an alcohol content of 18 % vol or less and on the bottles being sealed with corks of 2 cm or more in length. The exchange of letters of 23 December 1988 between the Commission and the Austrian Mission to the European Communities laid down the technical details concerning the granting of such reductions.

Taking into account the negotiations on the EEA Agreement and in accordance with the talks between representatives of the Commission of the European Communities and Austria that took place in connection with these negotiations, I hereby confirm that Austria grants the abovementioned customs duty reduction, without prejudice to the usual conditions applying to the import of wine to Austria and without prejudice to the reciprocal granting of tariff quotas agreed in the context of the EEA Agreement, subject to the following:

1. pursuant to Regulation (EEC) No 823/87, the customs duty reduction applies to wines - with the exception of sparkling wines - originating in the Community, produced in specific regions and imported in containers containing two litres or less, falling within subheading 2204 21 A of the Austrian customs tariff. It is granted irrespective of the alcohol content of quality wines, the material composition of the containers, the form in which they are sealed or the length of the cork used;

2. wines exported to Austria must be accompanied by an approved commercial document as defined in Commission Regulation (EEC) No 986/89 of 10 April 1989, which must contain, as laid down in Article 9 (2) of this Regulation, a certificate of origin worded as follows:

'This document attests the origin of the quality wine psr set out herein'

The conditions set out in Annex VI (rules of origin) to the Agreement between the EEC and the Republic of Austria on certain agricultural matters, and in particular points 4 (3) and 5 also apply mutatis mutandis. The competent Community authorities must validate the statement quoted above by means of a stamp, bearing the date and the signature of the official responsible.

This arrangement comes into effect at the same time as the Agreement on the EEA and replaces the abovementioned exchange of notes of 23 December 1988 between the Commission and the Austrian Mission.

I should be obliged if you would acknowledge receipt of this letter.

Your faithfully,

On behalf of the Austrian Federal Government

II. Letter from the Commission of the European Communities Brussels, . . . . . .

Your Excellency,

I have the honour to acknowledge receipt of your letter of . . . . . . , which reads as follows:

'Sir,

I refer to the customs duty reduction for quality wines originating in the Community which Austria granted in the exchanges of notes of 21 July 1972 and 14 July 1986 between the European Economic Community and Austria. The reduction was, among other things, made dependent on this wine being imported in bottles with an alcohol content of 18 % vol or less and on the bottles being sealed with corks of 2 cm or more in length. The exchange of letters of 23 December 1988 between the Commission and the Austrian Mission to the European Communities laid down the technical details concerning the granting of such reductions.

Taking into account the negotiations on the EEA Agreement and in accordance with the talks between representatives of the Commission of the European Communities and Austria that took place in connection with these negotiations, I hereby confirm that Austria grants the abovementioned customs duty reduction, without prejudice to the usual conditions applying to the import of wine to Austria and without prejudice to the reciprocal granting of tariff quotas agreed in the context of the EEA Agreement, subject to the following:

1. pursuant to Regulation (EEC) No 823/87, the customs duty reduction applies to wines - with the exception of sparkling wines - originating in the Community, produced in specific regions and imported in containers containing two litres or less, falling within subheading 2204 21 A of the Austrian customs tariff. It is granted irrespective of the alcohol content of quality wines, the material composition of the containers, the form in which they are sealed or the length of the cork used;

2. wines exported to Austria must be accompanied by an approved commercial document as defined in Commission Regulation (EEC) No 986/89 of 10 April 1989, which must contain, as laid down in Article 9 (2) of this Regulation, a certificate of origin worded as follows:

"This document attests the origin of the quality wine psr set out herein"

The conditions set out in Annex VI (rules of origin) to the Agreement between the EEC and the Republic of Austria on certain agricultural matters, and in particular points 4 (3) and 5 also apply mutatis mutandis. The competent Community authorities must validate the statement quoted above by means of a stamp, bearing the date and the signature of the official responsible.

This arrangement comes into effect at the same time as the Agreement on the EEA and replaces the abovementioned exchange of notes of 23 December 1988 between the Commission and the Austrian Mission.

I should be obliged if you would acknowledge receipt of this letter.'

Yours faithfully,

On behalf ot the Commission of the European Communities