WRITTEN QUESTION E-0120/00 by Ioannis Souladakis (PSE) to the Council. Breach of the EU-South African Trade Agreement.
Date: 2000-01-31
Institutions: European Parliament, Provisional data
Subjects: South Africa, designation of origin, industrial counterfeiting, liqueur, spirits, trade agreement (EU)

C 303 E/144

Official Journal of the European Communities

EN

24.10.2000

(2000/C 303 E/156)

WRITTEN QUESTION E-0120/00

by Ioannis Souladakis (PSE) to the Council

(31 January 2000)

Subject: Breach of the EU-South African Trade Agreement

South Africa(cid:146)s insistence on using the protected designations (cid:145)ouzo(cid:146) and (cid:145)grappa(cid:146) on its spirits products,
although they belong to the protected drinks of Greece and Italy respectively, casts doubt on the free trade
agreement recently signed between the EU and South Africa. South Africa(cid:146)s conduct in this respect is
causing problems in attempts at rapprochement between the two sides, especially following the abolition
of apartheid and the end of the country(cid:146)s decades-long international isolation.

It is advisable to avoid the infringement of EU agreements with third countries at the expense of the
specific interests of producer groups in Member States before the relevant agreements are concluded. Since
there are many similar agreements with third countries, the responsible EU bodies should in each case take
the preventive measures necessary to avoid the risk of
large numbers of protected products being
counterfeited.

Does the Council take the safeguarding of protected designations for EU products into account during the
conclusion of free trade agreements and what measures is it taking in this particular case to protect ouzo
and grappa producers from the counterfeiting of these designations in South Africa?

Reply

(13 April 2000)

The Council of the European Union is fully aware of the need to protect the interests of EU producers of
traditional products when negotiating international agreements and, for wines and spirits, strives to ensure
that traditional EU names are protected.

1.
It should be pointed out that the Agreement on Trade, Development and Cooperation concluded
between South Africa and the EU in October 1999 provides for the protection of intellectual property,
including (cid:145)geographical indications, in particular designations of origin, trademarks and service marks(cid:146), thus
preventing the marketing within the European Union of any product called (cid:145)ouzo(cid:146) or (cid:145)grappa(cid:146) unless it has
been produced in the EU.

2.
The General Affairs Council of 14 February 2000 examined this matter carefully and reached a
position with a view to clarifying the scope of the protection afforded to certain alcoholic beverages. In an
exchange of notes between the President of the European Commission and the President of the Council of
the European Union for the one part and the President of South Africa for the other, dated 15 and
16 February 2000 respectively, it was agreed that, with regard to wines and spirits, and in order to protect
(cid:145)Jagertee(cid:146) and (cid:145)Pacharan(cid:146)
names or specific expressions, the terms (cid:145)Grappa(cid:146),
would, after a transitional period of five years, cease to be used for any spirit produced in South Africa and
that the only products authorised for sale under these names on the South African market would be those
originating in the European Union.

(cid:145)Kornbrand(cid:146),

(cid:145)Ouzo(cid:146),

(cid:145)Korn(cid:146),

The Council and the Commission pointed out that the use of the traditional names (cid:145)Grappa(cid:146) and
3.
(cid:145)Ouzo(cid:146) already enjoyed full protection under Community law. Any use of
these names is reserved
exclusively for products originating in Italy and Greece respectively. The Community customs authorities
may accordingly prohibit the entry on the EU market of any product from a third country that is offered
for sale under these names or labelled as such.

24.10.2000

EN

Official Journal of the European Communities

C 303 E/145

The Council would also point out to the Honourable Member that the Parties agreed in the
4.
aforementioned exchange of notes to resume the official negotiations on the Wines and Spirits Agreement
in March 2000 with a view to concluding them before 1 June 2000 and enabling the said Agreement to
enter into force on 1 September 2000.

(2000/C 303 E/157)

WRITTEN QUESTION E-0128/00

by Antonio Tajani (PPE-DE) to the Commission

(27 January 2000)

Subject: Bank charges in Italy

Various European banks are suspected of having cartel agreements to maintain high commission charges
on foreign exchange transactions following the introduction of the euro.

On the basis of the investigations already begun, and those currently in progress, will the Commission:

1.

2.

indicate which Italian banks have already been investigated, and with what results;

state what measures it intends to take to put an end to such practices, which have been condemned
many times by consumers(cid:146) associations but have always been denied by the banks.

Answer given by Mr Monti on behalf of the Commission

(2 March 2000)

The Commission has begun investigations into the bank charges on foreign exchange transactions in the
Member States participating in the euro, following various complaints from consumers(cid:146) associations and
others.

The Commission has conducted on-the-spot checks on two Italian banks. These checks were made

1.
with the assistance of the national authority responsible for competition matters.

This authority, the Bank of Italy, has adopted two decisions on bank charges. The first was adopted on
25 November 1999 and related to a recommendation by the Associazione Bancaria Italiana (Association of
Italian Banks) that its members introduce a new schedule of bank charges following the introduction of the
euro on 1 January 1999; this recommendation was deemed a restrictive practice incompatible with the
rules on competition. The second decision, which was adopted on 18 January 2000, was directed at a
group of banks known as the (cid:145)Friends of the Bank(cid:146) and dealt partly with bank charges on cross-border
payments. The Bank of Italy concluded that there had been collusion in the fixing of these charges and that
this constituted a restrictive practice; it consequently decided to impose fines on the banks concerned.

The Commission(cid:146)s investigations are still in progress. Any measures it takes will depend on what

2.
proof can be found as to the existence of restrictive practices.

(2000/C 303 E/158)

WRITTEN QUESTION E-0129/00

by Ria Oomen-Ruijten (PPE-DE) and Bartho Pronk (PPE-DE) to the Commission

Subject: Single programming document 2000-2006

(27 January 2000)

On 19 October 1999 the Dutch Minister for Social Affairs and Employment forwarded to the Commission
the single programming document (SPD) for ESF (Objective 3) measures for the period 2000 to 2006.