WRITTEN QUESTION E-0701/04 by Ilda Figueiredo (GUE/NGL) to the Commission. Use of the appellations vintage and tawny by third countries.
Date: 2004-03-09
Institutions: European Parliament, Provisional data
Subjects: Portugal, TRIPS, common commercial policy, designation of origin, fortified wine, impact study, labelling, product designation, restriction on competition, viticulture

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3.4.2004

In our proposal for a new common market organisation for olive oil and table olives we include provisions
whereby, in the exceptional event of extremely high prices in the Community, it would be possible, in
order to allow the market to be adequately supplied, for customs duties to be suspended fully or in part or
a reduced rate import quota opened. Given the proportion of the world total that Community production
accounts for, the need to use these provisions would rarely occur.

(2004/C 84 E/0942)

WRITTEN QUESTION E-0699/04

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(9 March 2004)

Subject: Preserves and olive oil

The Community’s Mediterranean countries are the world’s largest olive oil producers. This sensitive
product, one of the Mediterranean area’s major agricultural crops, is used for a considerable range of
preserved, semi-preserved and prepared fish and seafood, either as the liquid in which these products are
preserved, or as an ingredient, since it has significant nutritional qualities, and on foreign markets, has
become a synonym for quality and healthy eating.

1.
The elimination of reimbursements for olive oil used in producing preserves will considerably
increase production costs for preserved, semi-preserved and other prepared fish and seafood. Has the
Commission actually quantified the prejudice and losses which this kind of measure will cause? If so, what
are the figures?

2. What mechanisms has the Commission provided for in order to ensure that the possible elimination
of these reimbursements does not mean a loss of competitiveness, production, jobs and immediate market
share on the part of the Community preserves industry?

Answer given by Mr Fischler on behalf of the Commission

(5 April 2004)

As the Honourable Member himself indicates, foods using olive oil are increasingly valued by consumers
for their nutritional and organoleptic properties and have now become a symbol of quality and healthy
eating. The promotional campaigns mounted by the Community for many years have undoubtedly boosted
this positive perception of olive oil.

Under present circumstances, with foods using olive oil in great demand by an increasing number of
consumers ready to pay a higher price for them, granting a refund is no longer justified. The image of
these products is now such that we consider that withdrawal of the aid will result in no reduction of sales
and hence have no impact on Community manufacturers.

(2004/C 84 E/0943)

WRITTEN QUESTION E-0701/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(9 March 2004)

Subject: Use of the appellations ‘vintage’ and ‘tawny’ by third countries

The EU Wine Management Committee decided on 10 February 2004 to authorise the use of specific
traditional appellations of wines produced at Community level by third countries such as South Africa or
Australia, whenever the wine produced met a certain series of restricted conditions in accordance to those
obtaining in the Member States. This decision was taken against the votes of the producer countries like
Portugal, and according to the Portuguese press, was adopted the Commission on 23 February.

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The new rules are going to affect the appellations ‘tawny’, ‘ruby’, ‘vintage’, ‘late bottle’ for port wine, and
the appellations ‘escuro’ (dark),
‘frasqueira’ (rack) ‘reserva velha’ (aged reserve) and ‘solera’
which are linked with Madeira wine, over and above affecting other appellations such as ‘vinho generoso’
(regional wine) and ‘vinho doce natural’ (high quality full-bodied high alcohol content and rich in esters)
and ‘vinho doce natural’ (naturally sweet wine), which covers not only port and Madeira wines, but Setúbal
and Carcavelos muscat.

‘fino’ (fine),

This proposal, which was presented in 2002, may facilitate WTO negotiations and intellectual property
agreements, but it will provoke increased unfair competition with Community-produced wines, with all the
socio-economic consequences arising therefrom; it will undermine appellations and brands consolidated
over the years, and will cause confusion amongst consumers.

Has the Commission made any assessment of the socio-economic impact of these measures on the

1.
producer countries? What does it believe the impact of this proposal will be for Portugal?

2.
Does it not consider that it is essential to define Community appellations, within the sphere of
intellectual property agreements and of trade agreements with third countries? Why is it therefore coming
forward with a proposal rejected by the producer countries, which will jeopardise the quality and the
added value of these appellations? How does it intend to control these imports?

3.

Have compensation mechanisms, at the very least, been provided for the producers affected?

Answer given by Mr Fischler on behalf of the Commission

(15 April 2004)

We adopted new rules on the description, designation and protection of certain wine sector products in
order to avert the possibility of a World Trade Organisation (WTO) panel. This would have been a serious
threat to European wine labelling policy.

Following notification of Regulation (EC) No 753/2002 (1) to the World Trade Organisation, several third
countries sent their observations and expressed reservations to the WTO. Two consultations were held in
Geneva. 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). A WTO panel might well have
jeopardised EU policy on protection of geographical indications and was to be avoided.

In the light of the third country observations we decided to make a number of changes to the Regulation.
We adopted them following a vote in the Management Committee for Wine in accordance with the
procedures set in Article 75 of Council Regulation (EC) No 1493/1999 (2) and then notified them to the
WTO.

Primarily the changes give third countries the possibility of using certain traditional terms subjject to
compliance with the same rules as those for Member States. Account also had to be taken of the fact that
several third countries do not have a centralised regulatory system for the wine sector. The European
legislative system requirements were therefore amended and the concept of ‘regulation’ replaced by that of
‘applicable rules’. These rules include those issued by representative trade organisations and these
organisations were themselves defined.

It is important to remenber that unlike Annex III to Regulation (EC) No 753/2002 Council Regulation (EC)
No 1493/1999 makes no reference to two types of traditional term but only to the possibility open to the
Commission of adopting rules on traditional terms that accord with the provisions in force in the
Member States.

The new requirements for third countries’ use of Community traditional terms are the equivalent of the the
requirements already in force for the traditional
to Regulation (EC)
No 753/2002.

terms of List A of Annex III

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They include (see Article 1(10) of Regulation (EC) No 316/2004 (3) amending Article 37(1)(e) of Regulation
(EC) No 753/2002) the following:

(cid:1) the third country must present a substantiated request to the Commission and provide the justificatory

data for recognition of the traditional term;

(cid:1) 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;

(cid:1) if the language of the traditional term is not the official language, its use must be provided for in the
language must have been used

in such cases the traditional

term in that

country’s legislation;
continuously for at least 25 years;

(cid:1) other requirements such as that the term be specific and distinctive and that there is no risk of

consumers being misled.

the Portuguese traditional

In the case of
terms the Honourable Member mentions a number of
requirements must therefore be met if they are to be used in the Community by third countries. Thus
for a term such as Ruby, Tawny, Vintage (whether or not followed by Late Bottle), Canteiro or Frasqueira
to be used on a liqueur wine other than Port or Madeira in the first place either English or Portuguese as
appropriate must be the official language of the third country and the term must have been used for at
least 10 years, or English or Portuguese must be a second language recognised in the country’s legislation
and in that case the term must have been used for at least 25 years. Secondly, the term must be specific
and distinctive and not such as to mislead the consumer when the wine is marketed in Europe. There must
also be some tradition behind use of the term in the third country.

It should be noted that this category of traditional term (List B) was attacked by the third countries on the
grounds that the Community had created a new industrial property right (additional to geographical
indications) debarring them from using the terms in question for their wines on the Community market
(e.g. Fino, Claret, Vintage, etc.) although some of these terms had long been in use elsewhere in the world.

The requirements for use of the traditional terms Reserva velha, Solera, Vinho regional, Vinho generoso
and Vinho doce natural by third countries remain unchanged, since they were already included in List A to
Annex III to Regulation (EC) No 753/2002.

(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.

(2) 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.

(3) Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 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 55, 24.2.2004.

(2004/C 84 E/0944)

WRITTEN QUESTION P-0705/04

by Sebastiano Musumeci (UEN) to the Commission

(4 March 2004)

Subject: Creation of an observatory to study the phenomenon of organised mafia-type crime and similar

forms of criminality in the EU

Increased economic and financial flows and the globalisation of the economy have given rise to the
appearance and consolidation of transnational organised crime in Europe, which grows and proliferates
through structures and strategies whose territorial boundaries no longer correspond to the confines of an
individual state.