EXCHANGE OF LETTERS

concerning the certificate referred to in paragraph 6, second indent, of the Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines

Letter No 1

(Commission of the European Communities)

Sir,

I refer to the Agreement in form of an Exchange of Letters between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines, signed on 29 November 1993, hereinafter called "the Agreement".

The Agreement provides in paragraph 6, second indent, that the tariff concessions will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly to the effect that the wine in question complies with paragraphs 1, 2 and 4 of the Agreement.

In accordance with the consultations which have taken place between the representatives of the Commission and Hungary, the following rules have been agreed upon as regards the above mentioned certificate:

1. Wines originating in the Community imported into Hungary:

1.1. The certificate referred to in paragraph 6, second indent, of the Agreement shall be a certificate which conforms to the model set out in the Annex to this exchange of letters and which has been completed in accordance with points 1.2 to 1.8.

1.2. The certificate shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 40 g/m2. If the document has several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked "original" and the other copies "copy".

1.3. The certificate shall be printed in one of the following languages: English, French, German, Italian or Spanish.

1.4. Each certificate shall bear a serial number allocated by the competent Community authority.

1.5. The certificate shall be certified, in boxes 10 and 11 respectively, by the competent Community authorities and laboratories. It shall comprise the original and at least one simultaneously produced copy, in that order. Both the original and the copy shall accompany the wine. The certificate form must be completed either in typescript or by hand and in the latter case it shall be completed in ink using block letters. It must contain no erasures or overwritten words and may not be used if any errors are committed in completing it.

The information to be entered in box 11 of the certificate may be submitted in a separate analysis report, certified by the competent laboratory. In this case, box 11 shall refer to the separate report.

1.6. The authorities and laboratories referred to point 1.5 shall be:

- with respect to the competent authorities, those designated pursuant to Article 20 of Commission Regulation (EEC) No 2238/93 on the accompanying documents for the carriage of wine products and the relevant records to be kept,

- with respect to the competent laboratories, those authorised to carry out official analyses pursuant to Article 79(1) of Regulation (EEC) No 822/87.

1.7. The original and the copy of the certificate shall, on completion of the customs formalities for release for free circulation of the consignment to which they relate, be handed over to the competent Hungarian authority that carries out such formalities. This authority shall endorse the back of the certificate. It shall return the original to the person concerned and keep the copy for at least five years.

1.8. The certification in box 10 of the certificate may be replaced by an attestation of designation of origin in accordance with Article 7 of Regulation (EEC) No 2238/93.

1.9. The certificate referred to in point 1.1 replaces the "Quality certificate" referred to in Hungarian Wine law.

1.10. Certificates completed in accordance with the Hungarian legislation in force before the date of the entry into force of this exchange of letters may be used until 1 January 2000 in place of the certificate provided for in point 1.1.

2. Wines originating in Hungary and imported into the Community:

2.1. The certificate referred to in paragraph 6, second indent, of the Agreement is the V.I.1/V.I.2. document completed in accordance with Regulation (EEC) No 3590/85.

2.2. The certificate must bear one of the following descriptions in box 15: "This is to certify that the wine referred to in this document is a quality wine/quality sparkling wine(1) in accordance with the Hungarian Wine Law."

or

"This is to certify that the wine referred to in this document is a quality wine/quality sparkling wine(2), including wine of superior quality and quality wine bearing the geographical indication 'Tokaj' or wine bearing the name 'Tájbor' in accordance with the Hungarian Wine Law."

2.3. The competent Hungarian bodies and laboratories authorised to complete the certificate referred to in point 2.1 are those listed by the Commission in application of Article 7 of Regulation (EEC) No 3590/85.

This exchange of letters shall be approved by the Parties in accordance with their own procedures. It shall enter into force on 1 September 1999.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

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

On behalf of the European Community

ANNEX

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Letter No 2

(Letter from Hungary)

Brussels,

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows: "I refer to the Agreement in form of an exchange of letters between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines, signed on 29 November 1993, hereinafter called 'the Agreement'.

The Agreement provides in paragraph 6, second indent, that the tariff concessions will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly to the effect that the wine in question complies with paragraphs 1, 2 and 4 of the Agreement.

In accordance with the consultations which have taken place between the representatives of the Commission and Hungary, the following rules have been agreed upon as regards the above mentioned certificate:

1. Wines originating in the Community imported into Hungary:

1.1. The certificate referred to in paragraph 6, second indent, of the Agreement shall be a certificate which conforms to the model set out in the Annex to this exchange of letters and which has been completed in accordance with points 1.2 to 1.8.

1.2. The certificate shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 40 g/m2. If the document has several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked 'original' and the other copies 'copy'.

1.3. The certificate shall be printed in one of the following languages: English, French, German, Italian or Spanish.

1.4. Each certificate shall bear a serial number allocated by the competent Community authority.

1.5. The certificate shall be certified, in boxes 10 and 11 respectively, by the competent Community authorities and laboratories. It shall comprise the original and at least one simultaneously produced copy, in that order. Both the original and the copy shall accompany the wine. The certificate form must be completed either in typescript or by hand and in the latter case it shall be completed in ink using block letters. It must contain no erasures or overwritten words and may not be used if any errors are committed in completing it.

The information to be entered in box 11 of the certificate may be submitted in a separate analysis report, certified by the competent laboratory. In this case, box 11 shall refer to the separate report.

1.6. The authorities and laboratories referred to point 1.5 shall be:

- with respect to the competent authorities, those designated pursuant to Article 20 of Commission Regulation (EEC) No 2238/93 on the accompanying documents for the carriage of wine products and the relevant records to be kept,

- with respect to the competent laboratories; those authorised to carry out official analyses pursuant to Article 79(1) of Regulation (EEC) No 822/87.

1.7. The original and the copy of the certificate shall, on completion of the customs formalities for release for free circulation of the consignment to which they relate, be handed over to the competent Hungarian authority that carries out such formalities. This authority shall endorse the back of the certificate. It shall return the original to the person concerned and keep the copy for at least five years.

1.8. The certification in box 10 of the certificate may be replaced by an attestation of designation of origin in accordance with Article 7 of Regulation (EEC) No 2238/93.

1.9. The certificate referred to in point 1.1 replaces the 'Quality certificate' referred to in Hungarian Wine law.

1.10. Certificates completed in accordance with the Hungarian legislation in force before the date of the entry into force of this exchange of letters may be used until 1 January 2000 in place of the certificate provided for in point 1.1.

2. Wines originating in Hungary and imported into the Community:

2.1. The certificate referred to in paragraph 6, second indent, of the Agreement is the V.I.1/V.I.2. document completed in accordance with Regulation (EEC) No 3590/85.

2.2. The certificate must bear one of the following descriptions in box 15: 'Τhis is to certify that the wine referred to in this document is a quality wine 1 quality sparkling wine(3) in accordance with the Hungarian Wine Law'

or

'This is to certify that the wine referred to in this document is a quality wine/quality sparkling wine(4), including wine of superior quality and quality wine bearing the geographical indication Tokaj or wine bearing the name Tájbor in accordance with the Hungarian Wine Law.'

2.3. The competent Hungarian bodies and laboratories authorised to complete the certificate referred to in point 2.1 are those listed by the Commission in application of Article 7 of Regulation (EEC) No 3590/85.

This exchange of letters shall be approved by the Parties in accordance with their own procedures. It shall enter into force on 1 September 1999.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter."

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 Government of the Republic of Hungary

ANNEX

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