EN Official Journal of the European Union CE 88/221

(2004/C 88 E/0226)

WRITTEN QUESTION E-0789/04

by Cristiana Muscardini (UEN), Sergio Berlato (UEN), Roberta Angelilli (UEN), Roberto Bigliardo (UEN), Antonio Mussa (UEN), Sebastiano Musumeci (UEN), Mauro Nobilia (UEN), Adriana Poli Bortone (UEN) and Franz Turchi (UEN) to the Commission

(11 March 2004)

Subject: International wine piracy — amendment of Regulation (EC) No 753/2002

On 10 February 2004, the Management Committee for Wines reconfirmed, by a narrow majority, the vote of 24 January 2004 approving an opinion on amendments to Regulation (EC) No 753/2002 (1) and, more specifically, to the chapter on the description, designation, presentation and protection of certain products. This opinion was recently approved by the Commission (2). The new rules will apply from 15 March 2004.

Commission Regulation (EC) No 316/2004 (3) amending Regulation (EC) No 753/2002, among other things, relaxes the rules on the international use of 17 traditional Italian wine terms, which can be used, from 15 March 2004, for wines produced in non-Community countries, provided that it is shown under set criteria that the term had been used in the past.

It will no longer be necessary, however, for the same term to be recognised or protected in a national legislative framework, as required by the previous rules. The result of the decision is a free-for-all, or at least making it easier to market wine not produced in Italy internationally using traditional Italian terms.

In view of the above, does the Commission agree that:

— the proposed new rules conflict with European legislation on labelling and consumer protection;

— the term used on a wine label should indicate the characterisation, ageing, quality and colour of the wine obtained by specific production methods in a geographical area inextricably linked with the history and the culture of the wine described by the label;

— the amendments to Regulation (EC) No 753/2002 contained in Regulation (EC) No 316/2004 contradict the objective of combating food piracy, which is a fundamental part of the WTO agreement to guarantee fair trade and to protect traditional production from international counterfeiting, to the benefit of local development in all countries;

— in terms of the protection of typical food products threatened with imitation, strict legislation constitutes a choice for market transparency, increasing consumer protection, and also has a significant impact on Europe in terms of jobs and the economy;

— the proposed new rules make it considerably easier to commit international wine piracy?

Answer given by Mr Fischler on behalf of the Commission

(28 April 2004)

Following notification of Regulation (EC) No 753/2002 (4) to the World Trade Organisation, several third countries sent their observations and expressed reservations to the WTO. Exclusive protection of certain traditional terms (List B) was regarded by the third countries as a new intellectual property right of the Union covered by the Agreement on Trade-Related Aspects of Intellectual Property Rights (additional to that for geographical indications).

The Commission adopted Regulation (EC) No 316/2004 (5) amending Regulation (EC) No 753/2002 laying down new wine labelling rules to counter the allegations made by some third countries following the consultations in Geneva (WTO).

The amendments to Regulation (EC) No 753/2002 adopted by the Commission do not contradict the Community's wine labelling rules. Unlike Regulation (EC) No 753/2002, Regulation (EC) No 1493/1999 (6) makes no reference to two types of traditional term (List A and List B).

Nor are the amendments intended to liberalise the use of the traditional terms in List B in Annex III to Regulation (EC) No 753/2002 at international level — they only lay down conditions that are equivalent to the requirements already in force for the traditional terms in List A in that Annex.

They include (see Article 1(10) of Regulation (EC) No 316/2004 amending Article 37(1)(e) of Regulation (EC) No 753/2002) the following:

1. the third country must present a substantiated request to the Commission and provide the justificatory data for recognition of the traditional term;

2. the language of the traditional term must be the official language of the third country and the term in that language must have been used for at least 10 years;

3. if the language of the traditional term is not the official language, its use must be provided for in the country's legislation; in such cases the traditional term in that language must have been used continuously for at least 25 years;

4. other requirements such as that the term be specific and distinctive and that there be no risk of consumers being misled.

As regards references to the category, colour or method of production of products, these are optional indications, both for Member States and third countries, which may appear on the label provided that the conditions of use conform to the rules applicable to wine producers, including those emanating from representative trade organisations.

In the light of the above, the Commission takes the view that the amendments to Regulation (EC) No 753/2002 are in line with the rules on consumer protection and do not encourage international piracy or imitation.

(1) OJ L 118, 4.5.2002, p. 1.

(2) OJ L 55, 24.2.2004.

(3) OJ L 55, 24.2.2004, p. 16.

(4) 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.

(5) Commission Regulation (EC) No 316/2004 of 20 February 2004, OJ L 55, 24.2.2004.

(6) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine, OJ L 179, 14.7.1999.