WRITTEN QUESTION P-0396/03

by Hugues Martin (PPE-DE) to the Commission

(10 February 2003)

Subject: EU/Chile Association Agreement

The European Union and Chile have just concluded an association agreement(1) which has been presented as the most innovative and most wide-ranging agreement ever concluded with a State which has not applied for EU membership.

As part of that association agreement, the Commission directly negotiated an agreement on wines and spirits and, in particular, the rules governing the use of traditional expressions.

Although, in overall terms, the agreement on wines is satisfactory, the French delegation had drawn the Commission's attention to the use by the Chileans, in French, of the traditional expressions Chateau, grand cru, cru bourgeois and clos, which might mislead consumers as to the real origin of the wine and thus give rise to unfair competition. The Commission would appear to have disregarded this fact during the negotiations.

Above all, there is no proof of the prior right in law of Chilean wine-growers to use these terms: although current Chilean law acknowledges the existence of complementary quality mentions, it lays down neither definitions nor a list of such mentions.

1. Why did the European Commission disregard the remarks made by the French delegation concerning this precise matter?

2. Can the European Commission provide proof that, prior to the conclusion of the agreement, Chilean national law recognised the expressions Chateau, grand cru, cru bourgeois and clos, and is it aware that the lack of such proof would give rise to a problem concerning the prior right in law to use such expressions?

3. If that prior right in law is established, would the European Commission be prepared to place this item on the agenda for the first meeting of the Joint Consultative Committee with a view to laying down the practical conditions of use to make a distinction between the homonymous traditional expressions and complimentary quality mentions referred to in paragraph 5, bearing in mind the need to treat the producers concerned fairly and to ensure that consumers are not misled (Article 8(6) of the agreement)?

(1) OJ L 352, 30.12.2002, p. 3.

Answer given by Mr Fischler on behalf of the Commission

(14 March 2003)

The Commission negotiated the Association Agreement with Chile in consultation with the 15 Member States of the European Union The Commission has examined all the comments and suggestions from all Member States which were permanently very closely involved particularly in all technical aspects of the wine agreement. The Council of Ministers has approved the provisional application of certain provisions of the Association Agreement, including the Wine Agreement

Particular attention has been paid to the question on traditional expressions and this issue has been addressed in conformity with the guidelines on the wine and spirits for negotiations with third countries given by the Council to the Commission in October 2000.

It is well established under Community law that international agreements between the Community and third countries prevail over secondary Community legislation, and thus such agreements might contain rules that derogate from the secondary Community legislation.

Concerning the question of anteriorité juridique mentioned by the Honourable Member, the Commission would like to remind that the Labelling Regulation(1) will not be applicable until 1 August 2003.

Furthermore, the current wine legislation allows the use of traditional expressions by third countries under certain conditions. In the particular case of Chile, the Commission has considered that the use of certain traditional expressions mentioned in the written question, fulfilled the conditions laid down in the Wine Agreement to treat the producers concerned fairly and to ensure that consumers are not misled.

In accordance with the Association Agreement, the Parties shall examine the evidence of some definitions in the first meeting of the Joint Committee.

(1) Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products OJ L 118, 4.5.2002.