G/TBT/W/732  
 
13 March  2020 
(20-2011) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION - DRAFT  IMPLEMENTING REGULA TIONS AMENDING REGUL ATION 
(EC) NO. 607/2009 LA YING DOWN DETAILED R ULES FOR THE APPLICA TION OF 
COUNCIL REGULATION ( EC) NO 479/2008 AS R EGARDS PROTECTED  
DESIGNATIONS OF ORIG IN AND GEOGRAPHICAL INDICATIONS,  
TRADITIONA L TERMS, LABELLING A ND PRESENTATION  
OF CERTAIN WINE SECT OR PRODUCTS  
STATEMENT BY THE UNITED STATES  TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
26 – 27 FEBRUARY  2020 
The following communication, dated 12 March  2020, is being circulated at the request of the 
delegation of the United States . 
 
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1.  It is very disappointing that the United States must again raise its concerns with the EU 's 
revisions to its draft regulation on geographical indications and traditional terms for wine; and 
specifi cally, our industry 's pending applications for traditional terms. The EU 's persistent failure to 
provide any in formation leaves us no choice.  
2.  Since the June 2018 TBT Committee meeting, the EU has been saying that the pending 
applications for traditional terms were still under consideration, but that it could not provide a precise 
timeline for approval. Why is the EU still unable to provide any e stimate or tell us where in the 
process these applications are after nearly two years?  
3.  As we indicated at the November 2019 TBT Committee meeting, i t would be helpful if the EU 
could provide some transparency about the status of other applications so that we can see how our 
applications compare. Please tell us the following : 
• how many applications for traditional terms have been lodged over the last ten years;  
• how many of those applications have been approved, rejected, or remain pending;  
• what is the average  time between application and a final decision;  
• for pending applications, how long have they been waiting; and  
• how many of the applications have come from Member States  
4.  We also remain concerned about the EU's efforts to restrict the ability of our produce rs to use 
common descriptive tools for labeling and marketing their products, such as restricting the use of 
the term "barrel aged " and certain bottle shapes, to wines with geographical indications  
5.  Now that the EU has notified the revised draft regulation,  the United States once again requests 
the EU to move expeditiously to approve our industry 's applications so that we can remove this 
longstanding item from this Committee 's agenda, as well as the agenda of the WTO Council o n Trade 
in Goods . G/TBT/W/732  
 
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  6.  Lastly, can the EU confirm how the processing of these applications has  changed, if at all, over 
the last year  following the most recent Parliamentary elections? The United States asked for 
clarification on this point during the November 2019 TBT Committee  meeting, but did not receive 
clarification from the EU.  
7.  Since the June 2018 TBT Committee meeting, the EU has said that our industry 's pending 
applications for traditional terms are still under consideration, but that EU could not provide a precise 
timeli ne for approval. What does the EU mean when it says "under consideration? " Are they being 
actively considered, or have they been put on hold?  
8.  If the  applications  have been put on hold,  please explain  why.  
9.  We again  thank the EU for its response to our TBT comments, and clarification that our pending 
applications would not be subject to any new rules. However, several concerns remain, to include : 
• Confirmation that U.S. producers can continue to use any generic term, such as a grape 
variety, that is part of a  compound term protected as a GI by the EU. For example, U.S. 
producers could still use the grape variety "Montepulciano, " even though the EU protects 
the compound name "Montepulciano d 'Abruzzo. " 
• How do third countries find out about amended changes with respect to EU Protected 
Designations of Origin (PDO) and Protected Geographical Indications? In its response to 
our TBT comments, the EU indicated that parties "…may submit an application to the 
Commission objecting to [an] application…within two mont hs of the date of publication in 
the Official Journal of the European Union. " We would like to remind the EU of its 
obligations under Article 2.9 of the TBT Agreement to notify the WTO of these changes in 
draft form so that parties may comment through the formal WTO process.  
• What is the definition of "generic " across the draft regulations.  This question was not 
addressed in the EU response to our TBT comments.  
• We also continue to seek confirmation that the revised regulation will not alter the ability 
of U.S. producers to use terms such as "barrel aged " as provided for in Appendix II of the 
Protocol on Labeling to the 2006 U.S./EU Wine Agreement . In its response to our TBT 
comments, the EU indicated that "consumers ' expectations have been taken into account 
by reserving some labelling particulars concerning specific production methods. " Based on 
this response, we remain unsure if the term "barrel aged " can still be used and ask that 
the EU please clarify.  
 
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