Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91999E0411

**WRITTEN QUESTION No. 411/99 by Honório NOVO Use of the designation 'Port' for wines produced in Australia** 
  
*Official Journal C 370 , 21/12/1999 P. 0038*

  

WRITTEN QUESTION E-0411/99

by Honório Novo (GUE/NGL) to the Commission

(1 March 1999)

Subject: Use of the designation "Port" for wines produced in Australia

By virtue of the multilateral Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), particularly section 3 of part 2 of the Agreement, Article 23 and Article 24(4), and by virtue of the 1994 agreement on trade in wine signed with Australia, that country has undertaken to renounce the use of all 'semi-generic' designations including the term "Port" after fixed transitional periods and to grant exclusive and absolute protection to Community wines.

1. In this context, can the Commission provide the following information: Under the 1994 agreement on trade in wine with Australia, has that country also renounced use of the term "Port" for wines produced in that country and destined for internal Australian trade?

2. When will the transitional periods under the agreement, after which Australia will be banned from using the term Port on wines produced in that country for third countries, specifically for the EU, expire?

Answer given by Mr Fischler on behalf of the Commission

(20 April 1999)

1. Under the 1994 Agreement between the Community and Australia on trade in wine(1), Australia committed itself to giving up the use of all "semi-generic" designations containing a Community geographical reference, including the term "Port". This commitment, which concerns a total of 23 designations, applies both to the Australian market and export markets.

2. The semi-generic designation "Port" is one of the third group of names referred to in Article 8(1)(c) of the Agreement for which transition periods still remain to be fixed. Negotiations between the Commission and the Australian Government on fixing the duration of these periods are nearing completion and a formal decision is expected this year. This decision will also apply to Australian exports to third countries. In any event, the Agreement contains no provision enabling Australia to market in the Community Australian wines using the designation "Port". Ever since Portuguese accession, Community wine legislation has prohibited the use of the name "Port" for wines other than those originating in Portugal.

(1) OJ L 86, 31.3.1994.

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