2004/806/EC: Commission Decision of 19 November 2004 terminating the examination procedure concerning obstacles to trade consisting of trade practices maintained by Canada in relation to certain geographical indications for wines (notified under document number C(2004) 4388)
Date: 2004-11-19
Institutions: European Commission
Subjects: Canada, TRIPS, product designation, trade dispute, trade relations, wine of superior quality

L 354/30

EN

Official Journal of the European Union

30.11.2004

COMMISSION

COMMISSION DECISION

of 19 November 2004

terminating the examination procedure concerning obstacles to trade consisting of trade practices
maintained by Canada in relation to certain geographical indications for wines

(notified under document number C(2004) 4388)

(2004/806/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Médoc of a standard protection in compliance with the
the WTO
protection requirements
laid down by
Agreement on Trade Related Aspects of
Intellectual
Property Rights (TRIPS) for geographical indications for
wines.

the common commercial policy in order

Having regard to Council Regulation (EC) No 3286/94 of
22 December 1994 laying down Community procedures in
the field of
to
ensure the exercise of the Community’s rights under interna-
tional
in particular those established under the
auspices of the World Trade Organisation (1), and in particular
Article 11(1) thereof,

trade rules,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

On 6 December 2001, the Conseil interprofessionnel du vin
de Bordeaux (CIVB)
to
Article 4 of Regulation (EC) No 3286/94 (hereinafter
‘the Regulation’).

lodged a complaint pursuant

in Canada

CIVB claimed that Community sales of Bordeaux and
Médoc
are hindered by a number of
obstacles to trade within the meaning of Article 2(1) of
the Regulation, i.e. ‘a practice adopted or maintained by a
third country and in respect of which international trade
rules establish a right of action’.

(3)

The alleged obstacle to trade resulted from the C-57
to the Canadian Trademarks Act, which
Amendment
indications Bordeaux and
deprived the geographical

(4)

(5)

(6)

(7)

(8)

The Commission decided that the complaint contained
sufficient evidence to justify the initiation of an exami-
nation procedure. A corresponding notice was published
in the Official Journal of the European Communities (2).

The investigation confirmed the complainant’s legal claim
that the C-57 Amendment to the Canadian Trademarks
Act violated Article 23.1 and 2 as well as Article 24.3
(the standstill clause) of TRIPS and that such infrin-
gements could not be justified on the basis of
the
exception under Article 24.6 of TRIPS.

The examination procedure also concluded that the C-57
Amendment threatens to cause adverse trade effects to
the complainant, within the meaning of Article 2(4) and
10(4) of the Regulation.

On 12 February 2003, the Advisory Committee estab-
lished by the Regulation considered the final report on
the examination procedure.

On 24 April 2003, the Commission initialled a Bilateral
Agreement with Canada on trade in wine and spirits,
the
which provided for the definitive elimination of
‘generic’
names
including
‘Bordeaux’,
‘Médoc’ and ‘Medoc’ by the entry into force
of the agreement.

in Canada,

listed

as

(1) OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation

(EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

(2) OJ C 124, 25.5.2002, p. 6.

30.11.2004

EN

Official Journal of the European Union

L 354/31

(9)

On 9 July 2003, the Commission decided to suspend (1)
the examination procedure with a view to terminate it as
soon as Canada effectively eliminated these names from
the
list of generic names provided by the C-57
Amendment.

(12) Accordingly,

it is appropriate to terminate the exami-

nation procedure,

HAS DECIDED AS FOLLOWS:

Sole Article

(10) On 30 July 2003, the Council approved the conclusion,
on behalf of the European Community, of the Bilateral
Agreement with Canada on trade in wine and spirits (2).
On 1 June 2004, the Bilateral Agreement entered into
force (3).

The examination procedure concerning obstacles
to trade,
consisting of trade practices maintained by Canada in relation
to certain geographical
is hereby
indications
terminated.

for wines,

Done at Brussels, 19 November 2004.

(11)

By the Order Amending Subsections 11.18(3) and (4) of
the Trade-marks Act (4), Canada eliminated Bordeaux,
Médoc and Medoc from the list of generic names
provided by the C-57 Amendment.

For the Commission

Pascal LAMY
Member of the Commission

(1) OJ L 170, 9.7.2003, p. 29.
(2) OJ L 35, 6.2.2004, p. 1.
(3) Article 41 of the Bilateral Agreement provided that: ‘This Agreement
shall enter into force on the first day of the second month following
exchanged
the date on which the Contracting Parties have
diplomatic notes confirming the completion of
their respective
procedures for the entry into force of this Agreement’. The EC
note was delivered on 16 September 2003 and Canada’s response
was delivered on 26 April 2004.

(4) The Department of

Industry published the Order Amending
Subsections 11.18(3) and (4) of the Trade-marks Act in the Part II of
the Canada Gazette of 5 May 2004. The Order is effective as of the
date of registration, which is 22 April 2004.