EXCHANGE OF LETTERS

concerning the certificate referred to in paragraph 6 of the Agreement between the European Community and the Republic of Slovenia on reciprocal preferential trade concessions for certain wines(1)

A. Letter from the Commission

Brussels, 19 March 2002

Sir,

I have the honour to refer to Annex I (Agreement between the European Community and the Republic of Slovenia on reciprocal preferential trade concessions for certain wines) of the Additional Protocol, adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, which was concluded on 7 December 2001, hereinafter called the "Agreement".

The Agreement provides in paragraph 6 that the tariff concessions will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on lists drawn up jointly to the effect that the wine in question complies with point 5(b) of the Agreement.

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

1. Wines originating in the Community imported into the Republic of Slovenia

1.1. The certificate referred to in paragraph 6 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 × 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 official Community languages.

1.4. Each certificate shall bear a serial number allocated.

1.5. The certificate shall be certified, in boxes 10 and 11 respectively, by the Community competent authorities, agencies 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 list of the authorities, agencies and laboratories authorised to complete the certificate referred to in points 1.3, 1.4 and 1.5 shall be drawn up jointly and exchanged between the Parties.

The Commission will inform in due time the Republic of Slovenia of any update of this list.

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 authority of the Republic of Slovenia that carries out such formalities. 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 (EC) No 884/2001.

1.9. The certificate referred to in point 1.1 replaces the certificates referred to in the Slovene legislation.

1.10. Certificates completed in accordance with the Slovene legislation in force before the date of the entry into force of this exchange of letters may be used until 1 July 2002 in place of the certificate provided for in point 1.1.

2. Wines originating in the Republic of Slovenia and imported into the Community

2.1. The certificate referred to in paragraph 6 of this Agreement is the V I 1 or V I 2 document completed in accordance with Regulation (EC) No 883/2001.

2.2. The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point 2.1 shall be drawn up jointly and exchanged between the Parties.

The Republic of Slovenia will inform in due time the Commission of any update of this list.

This Exchange of Letters shall enter into force after notification of the Slovenian Government.

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

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

On behalf of the European Community

José Manuel Silva Rodriguez

ANNEX

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B. Letter from the Republic of Slovenia

Ljubljana, 19 March 2002

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 Annex I (Agreement between the European Community and the Republic of Slovenia on reciprocal preferential trade concessions for certain wines) of the Additional Protocol, adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, which was concluded on 7 December 2001, hereinafter called the 'Agreement'.

The Agreement provides in paragraph 6 that the tariff concessions will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on lists drawn up jointly to the effect that the wine in question complies with point 5(b) of the Agreement.

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

1. Wines originating in the Community imported into the Republic of Slovenia

1.1. The certificate referred to in paragraph 6 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 × 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 official Community languages.

1.4. Each certificate shall bear a serial number allocated.

1.5. The certificate shall be certified, in boxes 10 and 11 respectively, by the Community competent authorities, agencies 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 list of the authorities, agencies and laboratories authorised to complete the certificate referred to in points 1.3, 1.4 and 1.5 shall be drawn up jointly and exchanged between the Parties.

The Commission will inform in due time the Republic of Slovenia of any update of this list.

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 authority of the Republic of Slovenia that carries out such formalities. 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 (EC) No 884/2001.

1.9. The certificate referred to in point 1.1 replaces the certificates referred to in the Slovene legislation.

1.10. Certificates completed in accordance with the Slovene legislation in force before the date of the entry into force of this exchange of letters may be used until 1 July 2002 in place of the certificate provided for in point 1.1.

2. Wines originating in the Republic of Slovenia and imported into the Community

2.1. The certificate referred to in paragraph 6 of this Agreement is the V I 1 or V I 2 document completed in accordance with Regulation (EC) No 883/2001.

2.2. The list of the authorities, agencies and laboratories authorised to complete the certificate referred to in point 2.1 shall be drawn up jointly and exchanged between the Parties.

The Republic of Slovenia will inform in due time the Commission of any update of this list.

This Exchange of Letters shall enter into force after notification of the Slovenian Government.

ANNEX

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I have the honour to confirm that my Government is in agreement with the contents of this letter.

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

On behalf of the Government of the Republic of Slovenia

Franc But

(1) Annex I of the Agreement in the form of an Additional Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks.