ANNEX 7

ON TRADE IN WINE-SECTOR PRODUCTS

Article 1

Objectives

The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in wine-sector products originating in their territory subject to the conditions laid down herein.

Article 2

Scope

This Annex shall apply to wine-sector products, as defined in the legislation referred to in Appendix 1.

Article 3

Definitions

For the purposes of this Annex and except where otherwise expressly provided herein:

(a) “wine-sector product originating in”, followed by the name of one of the Parties means a product within the meaning of Article 2, produced in the territory of the said Party from grapes entirely harvested in its territory or in a territory stipulated in Appendix 2, in accordance with this Annex;

(b) “geographical indication”: means any indication, including designations of origin, within the meaning of Article 22 of the Agreement on Trade Related Aspects of Intellectual Property Rights, annexed to the Agreement establishing the World Trade Organisation (hereinafter referred to as “the TRIPs agreement”), that is recognised by the laws or regulations of one Party for purposes of describing and presenting a wine-sector product within the meaning of Article 2 and originating in its territory or in a territory stipulated in Appendix 2;

(c) “traditional term” means a traditionally used name, referring in particular to a method of production or to the quality, colour or type of a wine-sector product within the meaning of Article 2, and which is recognised by the laws and regulations of a Party for the purpose of describing and presenting that product originating in the territory of that Party;

(d) “protected name” means a geographical indication or a traditional term as defined in paragraphs (b) and (c) respectively that is protected under this Annex;

(e) “description” means the terms used on the labelling, on the documents accompanying the transport of a wine-sector product within the meaning of Article 2, on the commercial documents, particularly the invoices and delivery notes, and in advertising;

(f) “labelling” means all descriptions and other references, signs, designs, or trade marks which distinguish a wine-sector product within the meaning of Article 2 and which appear on the same container, including its sealing device, the tag attached to the container or the sheathing covering the neck of bottles;

(g) “presentation” means the descriptions used on the containers and their sealing devices, on the labelling and on the packaging;

(h) “packaging” means the protective wrappings such as paper, straw wrapping of all kinds, cartons and cases, used in the transport of one or more containers and/or in their presentation for sale to the final consumer;

(i) “rules concerning trade in wine-sector products” means any provisions covered by this Annex;

(j) “competent authority” means each of the authorities or each of the departments designated by a Party to ensure compliance with the rules concerning trade in wine-sector products;

(k) “contact authority” means the competent authority or body designated by a Party to ensure appropriate contact with the contact authority of the other Party;

(l) “applicant authority” means a competent authority which has been designated by a Party for this purpose and which makes a request for assistance in areas covered by this Annex;

(m) “requested authority” means a competent body or authority which has been designated by a Party for this purpose and which receives a request for assistance in areas covered by this Annex;

(n) “contravention” means any violation of the rules concerning the production of and trade in wine-sector products, as well as any attempted violation of such rules.

TITLE I

PROVISIONS APPLICABLE TO IMPORT AND SALE

Article 4

Labelling, presentation and accompanying documents

(1) Trade between the Parties in wine-sector products within the meaning of Article 2 originating in their respective territories shall be conducted in accordance with the technical provisions set out this Annex. “Technical provisions” is understood to mean all the provisions listed in Appendix 3 relating to the definition of wine-sector products, oenological practices, the composition of the said products, their accompanying documents and the rules governing their transport and sale.

(2) The Committee may decide to amend the definition of the “technical provisions” within the meaning of paragraph 1.

(3) The provisions of the instruments listed in Appendix 3 relating to their entry into force or their implementation shall not apply for the purposes of this Annex.

(4) This Annex shall not prejudice the application of national or EU rules on taxation or the relevant control measures.

TITLE II

MUTUAL PROTECTION OF NAMES OF WINE-SECTOR PRODUCTS WITHIN THE MEANING OF ARTICLE 2

Article 5

Protected names

As regards wine-sector products originating in the European Union and in Switzerland, the following names listed in Appendix 4 shall be protected:

(a) the name and references to the Member State of the European Union or to Switzerland from where the wine originates;

(b) the specific terms;

(c) the designations of origin and geographical indications;

(d) the traditional terms.

Article 6

Names or references used to indicate the Member States of the European Union and Switzerland

(1) For the purpose of identifying the origin of wines in Switzerland, the names or references to the Member States of the European Union used to indicate these products:

(a) shall be reserved for wines originating in the Member State concerned;

(b) may be used only for wine-sector products originating in the European Union and subject to the conditions laid down by European Union laws and regulations.

(2) For the purpose of identifying the origin of wines in the European Union, the names or references to Switzerland used to indicate these products:

(a) shall be reserved for wines originating in Switzerland;

(b) may be used only for wine-sector products originating in Switzerland and subject to the conditions provided by Swiss laws and regulations.

Article 7

Other terms

(1) The terms “protected designation of origin”, “protected geographical indication” and their abbreviations “PDO” and “PGI”, the terms “Sekt” and “crémant” referred to in Commission Regulation (EC) No 607/2009 (1) shall be reserved for the wines originating in the Member State concerned and may be used only subject to the conditions laid down by the European Union’s laws and regulations.

(2) Without prejudice to Article 10, the terms “appellation d’origine protégée” [protected designation of origin], including its abbreviation “AOC” [PDO], and “vin de pays” within the meaning of Article 63 of the Federal Act on Agriculture are reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

The term “vin de table” within the meaning of Article 63 of the Federal Act on agriculture is reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

Article 8

Protection of designations of origin and geographical indications

(1) In Switzerland, the designations of origin and geographical indications for the European Union listed in Appendix 4, Part A:

I. shall be protected and reserved for wines originating in the European Union;

II. may be used only for wine-sector products from the European Union and subject to the conditions laid down by European Union laws and regulations.

In the European Union, the designations of origin and geographical indications for Switzerland listed in Appendix 4, Part B:

I. shall be protected for wines originating in Switzerland;

II. may be used only for wine-sector products from Switzerland and subject to the conditions provided by Swiss laws and regulations.

(2) The Parties shall take all the measures necessary, in accordance with this Annex, to ensure the reciprocal protection of the designation of origin and geographical indications listed in Appendix 4 and used for the designation and presentation of wines originating in the territory of the Parties. Each Party shall introduce the appropriate legal means to ensure effective protection and prevent a designation of origin or geographical indication listed in Appendix 4 from being used to designate wine that has not originated from the place referred to by that designation of origin or geographical indication.

(3) The protection provided for in paragraph 1 shall apply, even when:

(a) the true origin of the wine is indicated;

(b) the designation of origin or geographical indication is translated or transcribed or has been transliterated; or

(c) the indications used are accompanied by expressions such as “kind”, “type”, “style”, “imitation”, “method” or other analogous expressions.

(4) If designations of origin or geographical indications listed in Appendix 4 are homonymous, protection shall be granted to each of them provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5) If a geographical indication listed in Appendix 4 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPs Agreement shall apply.

(6) The provisions of this Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead consumers.

(7) Nothing in this Annex shall oblige a Party to protect a designation of origin or geographical indication of the other Party listed in Appendix 4 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.

(8) The Parties affirm that rights and obligations under this Agreement shall not arise for any designations of origin or geographical indications other than those listed in Appendix 4.

(9) Without prejudice to the TRIPs agreement, this Annex gives a comprehensive and precise list of the rights and obligations that shall apply to the protection of the geographical indications in each of the Parties.

However, the Parties hereby waive their right to invoke Article 24(4), (6) and (7) of the TRIPS Agreement in order to refuse to grant protection to a name from the other Party, except in the cases referred to in Appendix 5 to this Annex.

(10) The exclusive protection provided for in this Article shall apply to the name “Champagne” on the European Union’s list in Appendix 4 to this Annex.

Article 9

Relations between designations of origin and geographical indications and trademarks

(1) The contracting parties shall not be obliged to protect a designation of origin or geographical indication where, in the light of an earlier trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine in question.

(2) The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the product in question does not originate from the place indicated by the designation of origin or geographical indication.

(3) A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where it refers to a product which does not meet the required conditions for the designation of origin or geographical indication.

(4) A trademark, the use of which corresponds to the situation referred to in the previous paragraph and which was applied for and registered in good faith or established through use in good faith in a Party (including the Member States of the European Union), if the relevant legislation provides for this possibility, before the date of protection of the designation of origin or of the geographical indication of the other Party under this Annex, may continue to be used notwithstanding the protection granted to the designation of origin or the geographical indication, provided that there is no ground for the annulment of the trademark in the legislation of the Party concerned.

Article 10

Protection of traditional expressions

(1) In Switzerland, the traditional expressions of the European Union listed in Appendix 4, Part A:

(a) shall not be used for the description or presentation of wine originating in Switzerland; and

(b) may not be used for the description or presentation of wine originating in the European Union other than in relation to the wines of the origin and the category and in the language as listed in the Appendix and subject to the conditions laid down by the laws and regulations of the European Union.

In the European Union, the traditional expressions of Switzerland listed in Appendix 4, Part B:

(a) shall not be used for the description or presentation of wine originating in the European Union; and

(b) may not be used for the description or presentation of wine originating in Switzerland other than in relation to the wines of the origin and the category and in the language as listed in the Appendix and subject to the conditions laid down by the laws and regulations of Switzerland.

(2) The Parties shall take the measures necessary, in accordance with this Agreement, for the protection in accordance with this Article of the traditional expressions listed in Appendix 4 which are used for the description and presentation of wines originating in the territories of the respective Parties. To that end, the Parties shall provide effective legal protection to prevent the said traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as “kind”, “type”, “style”, “imitation”, “method” or other analogous expressions.

(3) The protection of a traditional expression shall apply only:

(a) to the language or languages in which it appears in Appendix 4; and

(b) to the category of wine for which it is protected for the European Union or to the class of wine for which it is protected for Switzerland, as indicated in Appendix 4.

(4) If traditional expressions listed in Appendix 4 are homonymous, protection shall be granted to each of the traditional expressions, provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5) Where a traditional expression listed in Appendix 4 is homonymous with the name used for a wine-sector product not originating in the territory of one of the Parties, the latter name may be used to describe and present a wine-sector product, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled about the exact origin of the wine concerned.

(6) This Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the consumer.

(7) The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A trademark, the use of which corresponds to the situation referred to in the previous paragraph, which was applied for and registered in good faith in one Party (including the Member States of the Union) before the date of protection of the other Party’s traditional expression under this Annex, may continue to be used if this option is provided for in the relevant legislation of the Party concerned.

(8) Nothing in this Annex shall oblige the Parties to protect a traditional expression listed in Appendix 4 which is not or ceases to be protected or which has fallen into disuse in its country of origin.

Article 11

Enforcement of protection

(1) The Parties shall take all steps necessary to ensure that, where wine-sector products originating in the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to describe and present such products originating in the other Party.

(2) In so far as the relevant legislation of the Parties permits, the protection afforded by this Annex shall extend to natural and legal persons, federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party.

(3) If the description or presentation of a wine-sector product, in particular on the labelling, in official or commercial documents or in advertising, affects the rights arising from this Annex, the Parties shall apply the necessary administrative measures or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name by any other means.

(4) The measures and proceedings referred to in paragraph 3 shall be taken in particular in the following cases:

(a) where the translation of descriptions provided for under European Union or Swiss legislation into one of the languages of the other Party gives rise to a word which is liable to be misleading as to the origin of the wine-sector product thus described or presented;

(b) where indications, trademarks, names, references or illustrations which directly or indirectly give false or misleading information as to the provenance, origin, type or material characteristics of the product appear on containers or packaging, in advertising or in official or commercial documents relating to a product whose name is protected under this Annex;

(c) where the containers or packaging used are misleading as to the origin of the product.

(5) This Annex shall not preclude any more extensive protection afforded to descriptions protected under this Annex by the Parties in accordance with their internal legislation or other international agreements.

TITLE III

MUTUAL ASSISTANCE AND CONTROLS OF THE OFFICIAL CONTROL BODIES

Article 12

Purpose and restrictions

(1) The Parties shall assist each other in accordance with and subject to the conditions laid down in this title. The correct application of the rules concerning trade in wine-sector products shall be ensured in particular through mutual assistance, detection and investigation of contraventions of these rules.

(2) The assistance provided for in this title shall be without prejudice to the provisions governing criminal proceedings or judicial assistance between Parties in criminal cases.

(3) This title shall be without prejudice to national provisions governing the confidentiality of judicial investigations.

SUBTITLE I

Authorities and persons subject to controls and mutual assistance

Article 13

Contact authorities

(1) Where a Party designates several competent authorities, it shall ensure the coordination of their activities.

(2) Each Party shall appoint a single contact authority. That authority:

— shall forward requests for collaboration, for the purpose of applying this title, to the contact authority of the other Party,

— shall receive requests of this kind from the said authority and shall forward them to the competent authority or authorities of the Party to which it belongs,

— shall represent that Party vis-à-vis the other within the framework of the collaboration referred to in this title,

— shall notify the other Party of the steps taken under Article 11.

Article 14

Authorities and laboratories

The Parties shall:

(a) send each other their regularly updated lists, namely: — the list of competent authorities for creating documents VI 1 and the other documents accompanying the transport of wine-sector products in application of Article 4(1) of this Annex and the relevant provisions of the European Union from Appendix 3(A), — the list of competent authorities and contact authorities referred to in Article 3(j) and (k), — the lists of laboratories authorised to perform analyses in accordance with Article 17(2), — the list of Swiss competent authorities referred to in field 4 of the accompanying document for the transport of wine-sector products originating in Switzerland, in accordance with Appendix 3(B);

(b) consult and inform each other of the steps taken by each with regard to the application of this Annex. In particular, they shall send each other their applicable provisions and summaries of the administrative and judicial decisions that are particularly important for the purposes of its proper application.

Article 15

Persons subject to controls

Natural and legal persons and associations of such persons whose professional activities may be the subject of the controls provided for in this title may not prevent the exercise of such controls and must at all times facilitate them.

SUBTITLE II

Control measures

Article 16

Control measures

(1) The Parties shall take the steps necessary to guarantee the assistance provided for in Article 12 by means of suitable control measures.

(2) Such controls shall be carried out either systematically or by sampling checks. In the case of sampling checks, the Parties shall ensure that they are representative through their number, type and frequency.

(3) The Parties shall take appropriate steps to facilitate the work of the officials of their competent authorities, in particular by ensuring that they:

— have access to the vineyards and to production, preparation, storage and processing facilities for wine-sector products, and to the means of transport of such products,

— have access to the sales and storage premises and to the means of transport of any person who holds for sale, sells or transports wine-sector products or products that may be used in preparing them,

— may undertake an inventory of wine-sector products and substances or products which may be used for the preparation of such products,

— have the possibility of taking samples of wine-sector products held with a view to their being sold, marketed or transported,

— can study accounting data and other documents used in control procedures, and make copies or extracts thereof,

— can take suitable interim protective measures concerning the production, preparation, storage, transport, description, presentation and export to the other Party and marketing of wine-sector products or of products that may be used in their preparation where there is a well-founded suspicion of a grave breach of this Annex, and especially in the event of fraudulent tampering with the product or risk to public health.

Article 17

Samples

(1) The competent authority of one Party may ask a competent authority of the other Party to collect samples in accordance with the relevant provisions in that Party.

(2) The requested authority shall keep the samples collected pursuant to paragraph 1 and shall designate the laboratory to which they are to be sent for testing. The requesting authority may designate another laboratory to carry out a parallel analysis of samples. To that end, the requested authority shall forward a suitable number of samples to the requesting authority.

(3) In the event of disagreement between the requesting and the requested authorities concerning the results of the tests referred to in paragraph 2, an arbitration analysis shall be carried out by a laboratory designated jointly.

SUBTITLE III

Procedures

Article 18

Operative event

Where a competent authority of a Party has a reasonable suspicion, or becomes aware, that:

— a wine-sector product does not comply with the rules concerning trade in wine-sector products or is involved in fraudulent action to produce or market such a product, and

— that such failure to comply with the rules is of specific interest to one Party and is liable to result in administrative measures or legal proceedings, it shall immediately inform the contact authority of the Party in question, through the contact authority to which it belongs.

Article 19

Applications for mutual assistance

(1) Applications under this title shall be made in writing. They shall be accompanied by the documents needed for the purpose of a reply. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

(2) Applications pursuant to paragraph 1 shall be accompanied by the following information:

— the name of the requesting authority,

— the measure requested,

— the purpose or reason for the application,

— the legislation, rules or other legal instruments concerned,

— information as accurate and as full as possible concerning the natural or legal persons under investigation,

— a summary of the relevant facts.

(3) Applications shall be made in one of the official languages of the Parties.

(4) Where an application does not meet the formal conditions, the requesting authority may be asked to correct or supplement it; interim protective measures may, however, be ordered at all times.

Article 20

Procedure

(1) Upon application by a requesting authority, the requested authority shall communicate to it any useful information which may enable it to verify that the rules concerning trade in wine-sector products are being properly applied, and especially information with regard to existing or planned operations which constitute, or are liable to constitute, a breach of those rules.

(2) Where reasoned application is made by the requesting authority, the requested authority shall exercise special supervision or checks with a view to achieving the aims pursued or shall take the necessary measures to ensure that such supervision is so exercised.

(3) The requested authority referred to in paragraphs 1 and 2 shall proceed as if acting on its own behalf or at the request of an authority of its own country.

(4) By agreement with the requested authority, the requesting authority may designate officials in its service or in the service of another competent authority of the Party which it represents to:

— collect, at the premises of the competent authorities of the Party where the requested authority is established, information relating to the proper application of the rules concerning trade in wine-sector products or to control procedures, and to make copies of the transport and other documents and of entries in registers, or to

— take part in the measures requested under paragraph 2.

The copies referred to in the first indent may be made only with the consent of the requested authority.

(5) The requesting authority wishing to send an official designated in accordance with the first subparagraph of paragraph 4 to another Party to take part in control procedures as referred to in the second indent of that subparagraph shall inform the requested authority in good time before such procedures are commenced. The officials of the requested authority shall remain in charge of the control procedures at all times.

The officials of the requesting authority shall:

— produce a written mandate setting out their identity and official position,

— enjoy, subject to the restrictions which the legislation applicable to the requested authority imposes on its own officials in exercising the control procedures in question: — rights of access as provided for in Article 16(3), — right to information concerning the results of the checks conducted by the officials of the requested authority under Article 16(3),

— in the course of the checks, demonstrate an attitude in line with the rules and behaviour incumbent on the officials of the Party on whose territory the control procedure is being performed.

(6) Reasoned applications as provided for in this Article shall be forwarded to the requested authority of the Party concerned through the contact authority of that Party. The same procedure shall apply to:

— replies to such applications,

— communications relating to the application of paragraphs 2, 4 and 5.

Notwithstanding the first paragraph, in order to improve the efficacy and rapidity of collaboration between the Parties, the latter may, where appropriate, permit competent authorities to:

— address reasoned requests and communications directly to competent authorities of the other Party,

— reply directly to reasoned requests and communications from competent authorities of the other Party.

In such cases, those competent authorities shall immediately inform the contact authority of the Party concerned.

(7) The information contained in the analytical data bank of each Party, comprising the data obtained by analysing their respective wine-sector products, shall be made available to the laboratories designated for this purpose by the Parties, where they so request. Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin.

Article 21

Decision on mutual assistance

(1) The Party to which the requested authority belongs may refuse to provide assistance under this title if such assistance may adversely affect sovereignty, public order, security or other vital interests of that Party.

(2) Where the requesting authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

(3) Should assistance be refused, the decision and the reasons for it must be notified immediately to the requesting authority.

Article 22

Information and documentation

(1) The requested authority shall communicate the findings of its investigations to the requesting authority in the form of documents, certified copies, reports and the like.

(2) The documents referred to in paragraph 1 may be replaced by computerised information produced in any form whatsoever for the same purposes.

(3) The information referred to in Articles 18 and 20 shall be accompanied by the relevant documents or other evidence and details of any administrative measures or legal proceedings, and shall relate specifically to:

— the composition and organoleptic characteristics of the wine-sector product in question,

— its description and presentation,

— compliance with the rules covering production, preparation and marketing.

(4) The contact authorities concerned by the matter for which the mutual assistance process provided for in Articles 18 and 20 has been initiated shall inform each other immediately of:

— the course of the investigations, in particular through reports and other documents or sources of information,

— any administrative or legal action taken subsequent to the operations concerned.

Article 23

Costs

Travel costs incurred through the application of this title shall be borne by the Party which designated an official for the measures provided for in Article 20(2) and (4).

Article 24

Confidentiality

(1) Any information communicated in whatever form under this title shall be confidential. It shall be covered by professional secrecy and enjoy the protection granted to similar information by the laws applying in this field by the Party which receives it, or by the corresponding provisions applying to the Union authorities, as the case may be.

(2) Where the legislation or administrative practices of a Party lay down stricter limits for the protection of industrial and commercial secrets than those provided for in this title, the latter shall not oblige that Party to provide information if the requesting Party does not take steps to comply with those stricter limits.

(3) The information obtained shall be used only for the purposes of this title; it may not be used for other purposes on the territory of a Party except with the prior written consent of the administrative authority which supplied it, and shall in any case be subject to the restrictions laid down by that authority.

(4) Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of ordinary criminal law, provided it was obtained through international judicial cooperation.

(5) In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this title.

TITLE IV

GENERAL PROVISIONS

Article 25

Exclusions

(1) Titles I and II shall not apply to wine-sector products within the meaning of Article 2 which:

(a) pass in transit through the territory of one of the Parties; or

(b) originate in the territory of one of the Parties and are traded between them in small quantities, subject to the conditions and subject to the arrangements laid down in Appendix 5 to this Annex.

(2) The application of the Exchange of Letters between the Community and Switzerland on cooperation concerning official controls of wines signed in Brussels on 15 October 1984, shall be suspended for as long as this Annex remains in force.

Article 26

Consultations

(1) The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex.

(2) The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

(3) Where any time limit or delay carries a risk of endangering human health or impairing the effectiveness of measures to combat fraud, interim safeguard measures may be adopted without prior consultation, provided that consultations are held immediately after such measures are taken.

(4) If, following the consultations provided for in paragraphs 1 and 3, the Parties fail to reach agreement, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable safeguard measures with a view to the proper application of this Annex.

Article 27

Working Group

(1) The working group on wine-sector products, hereinafter called the “working group”, set up pursuant to Article 6(7) of the Agreement shall consider all matters which may arise in connection with this Annex and its implementation.

(2) The working group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to amending this Annex and its Appendices.

Article 28

Transitional provisions

(1) Notwithstanding Article 8(10), wine-sector products which, at the time of the entry into force of this Annex, have been produced, prepared, described and presented in compliance with the internal law or regulations of the Parties but are prohibited by this Annex may be sold until stocks run out.

(2) Except where provisions to the contrary are adopted by the Committee, wine-sector products which have been produced, prepared, described and presented in compliance with this Annex but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.