COUNCIL REGULATION (EEC) No 2457/78 of 16 October 1978 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia concerning certain wines originating in Tunisia and entitled to a designation of origin

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the recommendation from the Commission,

Whereas the Cooperation Agreement between the European Economic Community and the Republic of Tunisia (1) was signed on 25 April 1976;

Whereas the Interim Agreement (2) signed on the same day entered into force on 1 July 1976 with a view to the advance implementation of the trade provisions of the Cooperation Agreement;

Whereas an Agreement should be approved in the form of an exchange of letters, referred to in Article 20 (2) of the Cooperation Agreement and Article 13 (2) of the Interim Agreement concerning the application of the arrangements provided for in the said Articles in respect of wine entitled to a designation of origin under Tunisian law and exempt from customs duties on importation into the Community within the limits of an annual Community tariff quota of 50 000 hectolitres,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia concerning certain wines originating in Tunisia and entitled to a designation of origin is hereby approved on behalf of the Community.

The text of the Agreement is annexed to this Regulation.

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.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 16 October 1978.

For the Council

The President

K. von DOHNANYI (1)OJ No L 265, 27.9.1978, p. 2. (2)OJ No L 141, 28.5.1976, p. 195.

AGREEMENT in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia concerning certain wines originating in Tunisia and entitled to a designation of origin

Letter No 1

Brussels, ...

Sir,

I have the honour to inform you that the necessary conditions have been fulfilled for the application, subject to observance of the reference prices, of the concession provided for in Article 20 (2) of the Cooperation Agreement between the European Economic Community and the Republic of Tunisia signed on 25 April 1976 and in Article 13 (2) of the Interim Agreement, signed on the same date, with a view to the importation into the Community of wine which is entitled, under Tunisian law, to one of the designations of origin listed below and in respect of which you have requested implementation of the above provisions: - Coteaux de Tebourba,

- Sidi-Salem,

- Kelibia,

- Thibar,

- Mornag,

- Grand cru Mornag.

By reason of the date of the entry into force of the latest provisions of the Tunisian legislation relating to the wine in question, the quota entitlement will be confined to wines produced from the 1977 harvest.

In addition, I am taking this opportunity to inform you that, for the purposes of application of the Community declarations on the provisions of the aforementioned Articles, wine in bulk must, in order to qualify for the arrangements in question, meet the following requirements: (a) the containers must be suitable for transporting wine and be used solely for that purpose;

(b) the containers must be completely filled;

(c) the means of closing the containers must be such that they cannot be tampered with and must ensure that no operations can take place during transportation or storage other than those carried out under the supervision of the authorities of either Tunisia or of the Member States of the Community;

(d) each container must be labelled in such a way as to permit identification of the quality wine it contains;

(e) the wine in question may be transported only in containers of a capacity not exceeding 25 hectolitres.

This Agreement in the form of an exchange of letters shall form an integral part of the Cooperation Agreement and of the Interim Agreement.

The Community will take all necessary steps to ensure that the above arrangements apply with effect from 1 November 1978.

I should be grateful if you would confirm the agreement of your Government to the foregoing.

Please accept, Your Excellency, the assurance of my highest consideration.

For the Council of the European Communities

Letter No 2

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today's date, in which you inform me as follows:

"I have the honour to inform you that the necessary conditions have been fulfilled for the application, subject to observance of the reference prices, of the concession provided for in Article 20 (2) of the Cooperation Agreement between the European Economic Community and the Republic of Tunisia signed on 25 April 1976 and in Article 13 (2) of the Interim Agreement, signed on the same date, with a view to the importation into the Community of wine which is entitled, under Tunisian law, to one of the designations of origin listed below and in respect of which you have requested implementation of the above provisions: - Coteaux de Tebourba,

- Sidi-Salem,

- Kelibia,

- Thibar,

- Mornag,

- Grand cru Mornag.

By reason of the date of entry into force of the latest provisions of the Tunisian legislation relating to the wine in question, the quota entitlement will be confined to wines produced from the 1977 harvest.

In addition, I am taking this opportunity to inform you that, for the purposes of application of the Community declarations on the provisions of the aforementioned Articles, wine in bulk must, in order to qualify for the arrangements in question, meet the following requirements: (a) the containers must be suitable for transporting wine and be used solely for that purpose;

(b) the containers must be completely filled;

(c) the means of closing the containers must be such that they cannot be tampered with and must ensure that no operations can take place during transportation or storage other than those carried out under the supervision of the authorities of either Tunisia or of the Member States of the Community;

(d) each container must be labelled in such a way as to permit identification of the quality wine it contains;

(e) the wine in question may be transported only in containers of a capacity not exceeding 25 hectolitres.

This Agreement in the form of an exchange of letters shall form an integral part of the Cooperation Agreement and of the Interim Agreement.

The Community will take all necessary steps to ensure that the above arrangements apply with effect from 1 November 1978.

I should be grateful if you would confirm the Agreement of your Government to the foregoing."

I can confirm the agreement of my Government to the foregoing.

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

For the Government of the Republic of Tunisia