COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 714 final 
Brussels, 21 December 1993 
Amended recommendation for a 
COUNCIL DECISION 
on the conclusion of an agreement with the United States of America 
on the mutual recognition of certain spirit drinks 
(presented by the Commission pursuant to 
Article 189A(2) of the EC Treaty) 
EXPLANATORY MEMORANDUM 
Subject: Spirit drinks - agreement EC/USA 
Modification of a Recommendation for a Council Decision 
On 14 January 1993 the Council received from the Commission a Recommendation 
for a Council Decision on the conclusion of an agreement with the United 
States of America on the protection and mutual recognition of certain spirit 
drinkst1). The agreement is in the form of an exchange of letters. 
During subsequent discussions with the USA it became evident that certain 
modifications were necessary. Other than minor drafting revisions, there are 
two changes to note in the attached text, in comparison with the earlier one 
received by the Council: 
The insertion of an article in the Decision authorising the French 
Republic to maintain in force the agreement with the USA in the form of 
an exchange of letters dated 2 December 1970 and 18 January 1971 insofar 
as it is complementary to this agreement, together with a supplementary 
exchange of letters between the EC and the USA on this point. 
The inclusion of "Bourbon" as a designation for Bourbon whisk(e)y in 
Paragraph B of the exchange of letters. 
(1) COM(93)6 final 
Amended recommendation for a 
on the conclusion of an agreement with the United States of America 
on the mutual recognition of certain spirit drinks 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 113 thereof, 
Having regard to the recommendation of the Commission, 
Whereas exports of Community spirits drinks are a significant share of trade 
in this sector; whereas the trend in exports is progressing satisfactorily as 
a result of the quality for which these products are recognised on the 
markets of third countries; 
Whereas recognition by non-member countries, and in particular by the United 
States of America, of Community geographical designations for spirit drinks 
is an essential factor in maintaining and Increasing these exports; 
Whereas the Community may only conclude an agreement on protection and mutual 
recognition in this sector on the basis of the principle of reciprocity as 
laid down in Article 11 of Council Regulation (EEC) No 1576/89 of 29 May 1989 
laying down the general rules on the definition, description and presentation 
of spirit drinks*1*, hereinafter referred to as the "spirit drinks 
régulât ion"; 
Whereas it is necessary to authorise the French Republic to maintain in force 
the agreement in the form of an exchange of letters dated 2 December 1970 and 
18 January 1971 insofar as it Is complementary to this agreement; 
Whereas the negotiations between the Community and the United States of 
America have resulted in an agreement which is equally advantageous to both 
parties, 
(1) OJ No L 160, 12.6.1989, p. 1. 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Agreement in the form of an exchange of letters between the European 
Community and the United States of America on the mutual recognition and 
protection of certain spirit drinks is hereby approved on behalf of the 
European Community. 
The text of the Agreement Is attached to this Decision. 
Article 2 
The French Republic is authorised to maintain in force the agreement in the 
form of an exchange of letters dated 2 December 1970 and 18 January 1971 
insofar as it is complementary to this Agreement. 
Article 3 
The President of the Council is hereby authorised to designate the person 
empowered to sign the Agreement. 
This Council Decision shall be published in the Official Journal of the 
European Communities. 
Done at For the Council 
The President 
AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 
BETWEEN THE EUROPEAN COMMUNITY AND 
THE UNITED STATES OF AMERICA ON THE 
MUTUAL RECOGNITION OF CERTAIN 
DISTILLED SPIRITS/SPIRIT DRINKS 
Letter No. 
Dear 
I have the honour to refer to recent discussions between representatives 
of the European Community (EC) and the United States of America (USA) 
relating to the issue of recognition of distilled spirits/spirit drinks. 
These discussions have resulted in the conclusions outlined hereafter: 
A. The USA agrees to restrict, within its regulatory framework (27 CFR 
5.22 or an equivalent successor regulation), the use of the product 
designations: "Scotch whisky", "Irish whiskey"/"Irish whisky", 
"Cognac", "Armagnac", "Calvados" and "Brandy de Jerez" to distilled 
spirits/spirit drinks products of the Member States of the EC, 
produced in compliance with Council Regulation (EEC) No 1576/89 and 
with the laws of the Member States in which those products 
originate. Further, it is recognized that these products shall 
continue to be subject to all of the labelling requirements of the 
USA. 
B. The EC agrees to restrict, within its regulatory framework (Council 
Regulation (EEC) No 1576/89, Article 11 or an equivalent successor 
regulation), the use of the product designations: "Tennessee 
whisky"/"Tennessee whiskey", "Bourbon whisky"/"Bourbon whiskey" and 
"Bourbon" as a designation for Bourbon whisk(e)y to distilled 
spirits/spirit drinks products of the USA produced in compliance 
with the laws and regulations of the USA (27 CFR 5.22 or an 
equivalent successor regulation). Further, it is recognized that 
these whiskies shall continue to be subject to all of the labelling 
requirements of the EC. 
C. The USA and the EC agree to meet at a mutually convenient time in 
the future to discuss the possibilities of extending restrictive 
recognition to additional distilled spirits/spirit drinks products 
which either Party may propose for such consideration. This 
willingness to meet and consider such requests is without prejudice 
to the rights and rulemaking processes of either Party. 
D. Both Parties agree to consult, upon request, regarding the operation 
of this Agreement. 
4-
E. Both Parties agree to implement within sixty days of the date of 
your confirmatory reply all regulatory or administrative measures 
necessary to fulfil the obligations outlined in Paragraphs A and B 
above. 
F. Either Party may terminate this Agreement by written notification to 
the other Party. This Agreement shall expire twelve months after the 
date of such notification. 
I have the honour to propose that, if the foregoing is acceptable to your 
government, this letter and your confirmatory reply shall together 
constitute and evidence an agreement between the EC and the USA on this 
matter. 
Sincerely, 
Letter No. 2 
Dear 
I have the honor to refer to your letter of which reads as follows: 
"I have the honour to refer to recent diacusaions between representatives 
of the European Community (EC) and the United States of America (USA) 
relating to the issue of recognition of distilled spirits/spirit drinks. 
These discussions have resulted in the conclusions outlined hereafter: 
A. The USA agrees to restrict, within its regulatory framework (27 CFR 
5.22 or an equivalent successor regulation), the use of the product 
designations: "Scotch whisky", "Irish whiskey"/"Irish whisky", 
"Cognac", "Armagnac", "Calvados" and "Brandy de Jerez" to distilled 
spirits/spirit drinks products of the Member States of the EC, 
produced in compliance with Council Regulation (EEC) No 1576/89 and 
with the laws of the Member States in which those products 
originate. Further, it is recognized that these products shall 
continue to be subject to all of the labelling requirements of the 
USA. 
B. The EC agrees to restrict, within its regulatory framework (Council 
Regulation (EEC) No 1576/89, Article 11 or an equivalent successor 
regulation), the use of the product designations: "Tennessee 
whisky"/"Tennessee whiskey", "Bourbon whisky"/"Bourbon whiskey" and 
"Bourbon" as a designation for Bourbon whisk(e)y to distilled 
spirits/spirit drinks products of the USA produced in compliance 
with the laws and regulations of the USA (27 CFR 5.22 or an 
equivalent successor regulation). Further, it is recognized that 
these whiskies shall continue to be subject to all of the labelling 
requirements of the EC. 
C. The USA and the EC agree to meet at a mutually convenient time in 
the future to discuss the possibilities of extending restrictive 
recognition to additional distilled spirits/spirit drinks products 
which either Party may propose for such consideration. This 
willingness to meet and consider such requests is without prejudice 
to the rights and rulemaking processes of either Party. 
D. Both Parties agree to consult, upon request, regarding the operation 
of this Agreement. 
E. Both Parties agree to implement within sixty days of the date of 
your confirmatory reply all regulatory or administrative measures 
necessary to fulfil the obligations outlined in Paragraphs A and B 
above. 
(o 
F. Either Party may terminate this Agreement by written notification to the 
other Party. This Agreement shall expire twelve months after the date of 
such notification. 
I have the honour to propose that, if the foregoing is acceptable to your 
government, this letter and your confirmatory reply shall together 
constitute and evidence an agreement between the EC and the USA on this 
matter." 
I have the honor to confirm that the foregoing is acceptable to the 
Government of the United States of America and that your letter and this 
reply shall together constitute and evidence an agreement between the United 
States of America and the European Community on this matter. 
Sincerely, 
SIDE LETTER TO THE EC-US SPIRITS AGREEMENT 
EC letter 
I have the honour to refer to the Agreement concluded between the European 
Community and the United States of America on the mutual recognition of 
certain distilled spirits/spirit drinks and to propose the following 
understanding: 
The conclusion of the Agreement does not impede the continued application 
of the exchange of letters, signed on 2 December 1970 and 18 January 
1971, between France and the United States of America concerning the 
protection in France of the US appellations "Bourbon" and "Bourbon 
whisky" and in the United States of the French appellations "Cognac", 
"Armagnac" and "Calvados". 
I would bo grateful if you would confirm that the foregoing is acceptable to 
the Government of the United States of America. 
US reply 
I have the honor to refer to the Agreement concluded between the European 
Community and the United States of America on the mutual recognition of 
certain distilled spirits/spirit drinks and to your letter which proposed the 
following understanding: 
The conclusion of the Agreement does not impede the continued application 
of the exchange of letters, signed on 2 December 1970 and 18 January 
1971, between France and the United States of America concerning the 
protection in Franco of the US Appellations "Bourbon" and "Bourhon 
whisky" and in the United States of the French appellations "Cognac", 
"Armagnac" and "Calvados". 
I have the honor to confirm the above understanding on behalf of the 
Government of the United States of America. 
ISSN 0254-1475 
COM (93) 714 final 
DOCUMENTS 
EN 08 03 11 
Catalogue number : CB-CO-93-761-EN-C 
ISBN 92-77-63672-6 
' >ffîce for Official Publications of the European Communities 
L -2985 Luxembourg