Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 05.05.1997**
**COM(97)** **189 final**

**97/** **0130 (ACC)**

**Proposal for a**

**COUNCIL** **DFrTSTON**

concerning the approval of an Agreement between the European Community and the
United Mexican States on the mutual recognition and protection of designations for spirit

drinks

**(presented by the Commission)**

**EXPLANATORY MEMORANDUM**

1. The United Mexican States have expressed interest in negotiating recognition by the
European Union of the Mexican spirit drinks 'Tequila' and. 'Mezcal', on the basis of the
reciprocal arrangements in Article 11 of Regulation (EEC) No 1576/89 laying down
general rules on the definition, description and presentation of spirit drinks.

2. The Council, on 22 April 1996, authorized the Commission to open negotiations with
a view to the conclusion of an Agreement between the European Community and the
United Mexican States on the mutual recognition and protection of designations for spirit
drinks.

3. The negotiations between the two parties culminated in a draft Agreement covering the
mutual recognition of:

all the products listed in Annex II to Regulation (EEC) No 1576/89 as well as the
six designations protected by the same Regulation, and
the two Mexican designations 'Tequila' and 'Mezcal'.

4. The Commission considers that the attached draft Agreement covering the mutual
recognition and protection of all Community products as against two Mexican products
recognized in Mexico's national legislation represents a more than fair result under the
terms laid down in Article 11 of Regulation (EEC) No 1576/89.

The Agreement provides for further enhancement of Community exports of spirit drinks
to Mexico, which currently account for 2% of total Community exports of spirit drinks
but which exceed almost sixfold Community imports of spirit drinks from Mexico.

5. The Agreement has no financial impact on the Community budget.

6. The persons or groups of persons concerned are Community producers, consumers,
importers and exporters of spirit drinks.

7. It is accordingly proposed to the Council adopt the attached proposal.

**COUNCIL DECISION**

of

concerning the approval of an Agreement between the European Community and the
United Mexican States on the mutual recognition and protection of designations for spirit

drinks

```
THE COUNCIL OF THE EUROPEAN UNION,

```

Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof, in relation to Article 228 paragraph 2 first phrase

Having regard to the proposal from the Commission,

Whereas it is appropriate to improve the conditions for the marketing of spirit drinks on the
respective market of the European Community and the United Mexican States, in accordance
with the principles of equality, mutual benefit and reciprocity,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the United Mexican States on the
mutual recognition and protection of designations 'for spirit drinks is hereby approved on
behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall make the notification provided for in Article 22 § 1 of the
Agreement.

Article 3

For the purposes of Article 18 of the Agreement, the Commission is hereby authorized to
conclude the necessary acts amending the Agreement, in accordance with the procedure laid
down in Article 15 of Regulation (EEC) No 1576/89.

**3**

Article 4

The Commission, assisted by the representatives of the Member States, shall represent the
Community in the Joint Committee referred to in Article 17 of the Agreement.

Article 5

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Council,
The President

**AGREEMENT**
**between the European Community and the United Mexican States** **on** **the mutual**

**recognition and protection of designations for spirit drinks**

The EUROPEAN COMMUNITY, hereinafter called "the Community",
of the one part, and
The UNITED MEXICAN STATES^ hereinafter called "Mexico"

of the other part,

hereinafter called "the Contracting Parties",

DESIROUS of improving the conditions for the marketing of spirit drinks on their respective
markets, in accordance with the principles of equality, mutual benefit and reciprocity.

HAVE AGREED AS FOLLOWS:

Article 1

The Contracting Parties agree, on the basis of non-discrimination and reciprocity, to facilitate
and promote trade between them in spirit drinks.

Article 2

This Agreement shall apply to products falling within code 2208 of the International
Convention on the Harmonized Commodity Description and Coding System.

For the purposes of this Agreement,

(a) "spirit drink originating in" shall mean, when followed by the name of one of the
Contracting Parties, a spirit drink listed in the Annex and made on the territory of that
Contracting Party,

(b) "description" shall mean the names used on the labelling, on the documents
accompanying the transport of the spirit drinks, on the commercial documents,
particularly the invoices and delivery notices, and in advertising,

(c) "labelling" shall mean all the descriptions and other references, signs, designs or trade
marks which distinguish the spirit drinks and which appear on the same container,
including the sealing device or the tag attached to the container and the sheathing
covering the neck of the bottles,

(d) "presentation" shall mean the names used on the containers, including the closure, on
the labelling and on the packaging,

**s~**

(e) "packaging" shall mean the protective wrappings such as papers, straw envelopes of all
kinds, cartons and cases, used in the transport of one or more containers.

Article 3

The following designations are protected:

(a) as regards spirit drinks originating in the European Community, the designations listed
in Annex I,

(b) as regards spirit drinks originating in Mexico, the designations listed in Annex II,

Article 4

1. In Mexico, the protected Community names:

may not be used otherwise than under the conditions laid down in the laws and
regulations of the Community, and

are reserved exclusively to the spirits originating in the Community to which they apply.

2. In the Community, the protected Mexican names:

may not be used otherwise than under the conditions laid down in the laws and
regulations of Mexico, and

are reserved exclusively to the spirits originating in Mexico to which they apply.

3. Without prejudice to Articles 22 and 23 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights set out in Annex IC of the Agreement establishing the
World Trade Organization, the Contracting Parties shall take all the necessary measures,
in accordance with this Agreement, to ensure reciprocal protection of the names referred
to in Article 3 and used to designate spirit drinks originating in the territory of the
Contracting Parties. Each Contracting Party shall provide the interested parties with the
legal means of preventing the uses of designations to designate spirit drinks not
originating in the place indicated by the designation in question.

4. The Contracting Parties shall not deny the protection provided for by this Article in the
circumstances specified in paragraphs 4, 5, 6 and 7 of Article 24 of the Agreement on
Trade-Related Aspects of Intellectual Property Rights".

#### **_c_**

Article 5

The protection afforded by Article 4 shall also apply even where the true origin of the spirit
drink is indicated or the designation is used in translation or accompanied by terms such as
"kind", "type", "style", "way", "imitation", "method" or the like, including graphic symbols
which may lead to confusion.

Article 6

In the case of homonymous designations for spirit drinks, protection shall be accorded to each
designation. The Contracting Parties shall lay down the practical conditions under which the
homonymous designations in question will be differentiated, taking into account the need to
treat the producers concerned fairly and to avoid misleading the consumer.

Article 7

The provisions of this Agreement shall in no way prejudice the right of any person to use,
in the course of trade, their name or the name of their predecessor in a business, except where
such name is used in such a manner as to mislead consumers.

Article 8

Nothing in this Agreement shall oblige a Contracting Party to protect a designation of the
other Contracting Party which is not or ceases to be protected in its country of origin or
which has fallen into disuse in that country.

Article 9

The Contracting Parties shall take all measures necessaiy to ensure that, in cases where spirit
drinks originating in the Contracting Parties are exported and marketed outside their
territories, the protected names of one Contracting Party referred to in this Agreement are not
used to designate and present spirit drinks originating In the other Contracting Party.

Article 10

To the extent that the relevant legislation of the Contracting Parties allows, the benefit of the
protection given by this Agreement shall be extended to natural and legal persons and to
federations, associations and organizations of producers, traders or consumers whose
headquarters are in the other Contracting Party.

**T**

Article 11

If the description or presentation of a spirit drink, particularly on the label or in the official
or commercial documents or in advertising, is in breach of this Agreement, the Contracting
Parties shall apply administrative measures or initiate legal proceedings as appropriate in order
to combat unfair competition or prevent any other form of wrongful use of the protected

name.

Article 12

This Agreement shall apply, on the one hand, to the territories in which the Treaty
establishing the European Community is applied and under the conditions laid down in that
Treaty and, on the other hand, to the territory of the United Mexican States.

Article 13

This Agreement shall not apply to spirit drinks:

(a) that are in transit through the territory of one of the Contracting Parties; or

(b) that originate in the territory of one of the Contracting Parties and which are consigned
in small quantities between those Parties.

The following shall be considered to be small quantities:

(a) Quantities of spirit drinks not exceeding 10 litres per traveller contained in
travellers' personal baggage;
(b) Quantities of spirit drinks not exceeding 10 litres forming part of consignments
from one individual to another;
(c) Spirit drinks forming part of the household effects of individuals moving house;
(d) Up to 1 hectolitre of spirit drinks imported for conducting scientific and technical
experiments;
(e) Spirit drinks imported as part of the duty-free allowances of diplomatic missions,
consular posts and assimilated bodies;
(f) Spirit drinks which form part of the supplies carried on board international means
of transport.

Article 14

1. The Contracting Parties shall each designate the bodies to be responsible for the
enforcement of this Agreement.

2. The Contracting Parties shall inform one another of the names and addresses of those
bodies not later than two months after this Agreement comes into force. There shall be
close and direct cooperation between those bodies.

## **_t_**

Article 15

1. If one of the bodies designated in accordance with Article 14 has reason to suspect that:

(a) a spirit drink as defined in Article 2, being or having been traded between Mexico
and the European Community, does not comply with this Agreement or
Community or Mexican legislation applicable to spirit drinks, and

(b) this non-compliance is of particular interest to the other Contracting Party and
could result in administrative measures or legal proceedings being taken,

that body shall immediately inform the Commission and the relevant body or bodies of
the other Contracting Party.

2. The information to be provided in accordance with paragraph 1 shall be accompanied
by official, commercial or other appropriate documents; there should also be an
indication of what administrative measures or legal proceedings may, if necessary, be
taken. The information shall include, in particular., the following details of the spirit
drink concerned:

(a) the producer and the person who has power of disposal over the spirit drink;

(b) the composition of that drink;

(c) the description and presentation, and

(d) details of the non-compliance with the rules concerning production and marketing.

Article 16

1. The Contracting Parties shall enter into consultations if one of them considers that the
other has failed to fulfil an obligation under this Agreement.

2. The Contracting Party which requests the consultations shall provide the other Party
with all the information necessary for a detailed examination of the case in question.

3. In cases where any delay could endanger human health or impair the effectiveness of
measures to control fraud, interim protective measures may be taken, without prior
consultation, provided that consultations are held immediately after the taking of these

measures.

4. If, following the consultations provided for in paragraphs 1 and 3, the Contracting
Parties have not reached agreement, the Party which requested the consultations or took
the measures referred to in paragraph 3 may take appropriate protective measures so as
to permit the proper application of this Agreement.

###### **9**

Article 17

A Joint Committee shall be established, consisting of representatives of the European
Community and of Mexico. It shall meet at the Parties' request and as required for the
implementation of the Agreement alternately in the European Community and Mexico.

The Joint Committee shall see to the proper functioning of this Agreement and shall examine
all questions which may arise in implementing it. In particular, the Joint Committee may
make recommendations which would contribute to the attainment of the objectives of this
Agreement.

Article 18

1. The Contracting Parties may by mutual consent amend this Agreement in order to
enhance the level of cooperation in the spirit drinks sector.

2. Where the legislation of one of the Contracting Parties is amended to protect
designations other than those listed in the Annexes to this Agreement, these designations
shall be included within a reasonable length of time following conclusion of the
consultations.

Article 19

1. Spirit drinks which, at the time of entry into force of this Agreement, have been legally
produced, designated and presented in a manner prohibited by this Agreement may be
marketed by wholesalers for a period of one year from the entry into force of the
Agreement and by retailers until stocks are exhausted. From the entry into force of the
Agreement spirit drinks included therein may no longer be produced outside the limits
of their regions of origin.

2. Spirit drinks produced, designated and presented in accordance with this Agreement
when they are marketed and whose description and presentation ceases to conform to
the Agreement following an amendment thereto may be marketed until stocks are
exhausted unless otherwise agreed by the Contracting Parties.

Article 20

The Annexes to this Agreement shall form an integral part thereof.

Article 21

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French,
German, Greek, Italian, Portuguese, Spanish and Swedish languages, all these languages being
equally authentic.

**/O**

Article 22

This Agreement shall enter into force on the first day of the second month after the date on
which the Contracting Parties have notified each other in writing that their respective
requirements for the entry into force of this Agreement have been complied with.

Either Contracting Party may terminate the Agreement by giving one year's written notice to
the other Contracting Party.

**/ /**

1. Rum

a) Whisky

b) Whiskey

Grain spirit

4. Wine spirit

**ANNEX** _**i**_

Rhum de la Martinique
Rhum de la Guadeloupe

Rhum de la Réunion

Rhum de la Guyane
(These designations may also be supplemented by the expression
"traditional".)
Ron de Malaga

Ron de Granada

Rum da Madeira

Scotch Whisky
Irish Whisky
Whisky espaflol
(These designations may also be supplemented by the expressions "malt"
or "grain".)

Irish Whiskey
Uisce Beatha Eireannach/Irish Whiskey
(These designations may also be supplemented by the expression "Pot
Still".)

Eau-de-vie de seigle de marque nationale luxembourgeoise

Korn

Kornbrand

Eau-de-vie de Cognac

Eau-de-vie des Charentes

Cognac
following
expressions:
Fine,

- Grande Fine Champagne,
Grande Champagne,

- Petite Fine Champagne,

- Fine Champagne,

- Borderies,

- Fins Bois,

- Bons Bois.)

Fine Bordeaux

Armagnac
Bas-Armagnac
Haut-Armagnac

Ténarèse

Eau-de-vie de vin de la Marne

Eau-de-vie de vin originaire d'Aquitaine
Eau-de-vie de vin de Bourgogne
Eau-de-vie de vin originaire du Centre-Est
Eau-de-vie de vin originaire de Franche-Comté

**/ &**

**4.** Wine spirit

_(cont'd)_

5. Brandy

6. Grape marc spirit

Eau-de-vie de vin originaire du Bugey

Eau-de-vie de vin de Savoie:

Eau-de-vie de vin originaire des Coteaux de la Loire

Eau-de-vie de vin des Côtes -du-Rhône

Eau-de-vie de vin originaire! de Provence
Faugères ou eau-de-vie de Faugères
Eau-de-vie de vin originaire du Languedoc
Agiiardente do Minho
Aguardente do Douro
Aguardente da Beira Interior
Aguardente da Bairrada
Aguardente do Oeste
Aguardente do Ribatejo
Aguardente do Alentejo
Aguardente do Algarve

Brandy de Jerez

Brandy del Penedés
Brandy italiano
Brandy Ax xîKrï ç /Brandy d'Attique
Brandy neÀonovvnoou /Brandy du Péloponèse
Brandy KevxpiKnç EÀAd5aç/Brandy de Grèce centrale

Deutscher Weinbrand

Wachauer Weinbrand, Weinbrand Diirnstein

Eau-de-vie de marc de Champagne ou marc de Champagne
Eau-de-vie de marc originaire d'Aquitaine
Eau-de-vie de marc de Bourgogne
Eau-de-vie de marc originaire du Centre-Est
Eau-de-vie de marc originaire de Franche-Comté
Eau-de-vie de marc originaire de Bugey
Eau-de-vie de marc originaire de Savoie
Marc de Bourgogne

Marc de Savoie

Marc d'Auvergne
Eau-de-vie de marc originaire des Coteaux de la Loire

Eau-de-vie de marc des Côtes du Rhône

Eau-de-vie de marc originaire de Provence
Eau-de-vie de marc originaire du Languedoc

Marc d'Alsace Gewurztraminer

Marc de Lorraine

Bagaceira do Minho
Bagaceira do Douro
Bagaceira da Beira Interior
Bagaceira da Bairrada
Bagaceira do Oeste
Bagaceira do Ribatejo
Bagaceiro do Alentejo
Bagaceira do Algarve
Orujo gal lego
Grappa
Grappa di Barolo

**/3>**

6. Grape marc spirit

1 _(cont'd)_

7. Fruit spirit

Grappa piemontese ou del Piemonte

Grappa lombarda ou di Lombardia

Grappa trentina ou del Trentino
Grappa friulana ou del Friuli
Grappa veneta ou del Veneto
Stidtiroler Grappa/Grappa dell'Alto Adige

ToiKouôiâ Kpnxnç /Tsikoudia de Crète
Toinoupo MaKeôoviaç /Tsipouro de Macédoine
Toinoupo eeooaÀiaç /Tsipouro de Thessalie
Toinoupo Tupvd{3ou /Tsipouro de Tymavos
Eau-de-vie de marc de marque nationale luxembourgeoise

Schwarzwâlder Kirschwasser

Schwarzwàlder Himbeergeist

Schwarzwâlder Mirabellenwasser

Schwarzwàlder Wiliiamsbirne

Schwarzwàlder Zwetschgenwasser
Frânkisches Zwetschgenwasser

Frànkisches Kirschwasser

Frânkischer Obstler

Mirabelle de Lorraine

Kirsch d'Alsace

Quetsch d'Alsace

Framboise d'Alsace

Mirabelle d'Alsace

Kirsch de Fougerolles
Siidtiroler Williams/Williams dell'Alto Adige
Sudtiroler Aprikot ou Sudtiroler
Marille/Aprikot dell'Alto Adige ou Marille dell'Alto Adige

Sudtiroler Kirsch/Kirsch dell'Alto Adige
Sudtiroler Zwetschgeler/Zwetschgeler dell'Alto Adige
Sudtiroler Obstler/Obstler dell'Alto Adige
SUdtiroler Gravensteiner/Gravensteiner dell'Alto Adige
Sudtiroler Golden Delicious/Golden Delicious dell'Alto Adige

Williams friulano ou del Friuli

Sliwovitz del Veneto

Sliwovitz del Friuli-Venezia Giulia

Sliwovitz del Trentino-Alto Adige

Distillato di mêle trentino ou del Trentino

Williams trentino ou del Trentino

Sliwovitz trentino ou del Trentino

Aprikot trentino ou del Trentino
Medronheira do Algarve
Medronheira do Buçaco

Kirsch ou Kirschwasser Friulano

Kirsch ou Kirschwasser Trentino

Kirsch ou Kirschwasser Veneto

Aguardente de pèra da Lousa
Eau-de-vie de pommes de marque nationale luxembourgeoise
Eau-de-vie de poires de marque nationale luxembourgeoise
Eau-de-vie de kirsch de marque nationale luxembourgeoise

**Y**

Fruit spirit

_(cont'd)_

8. Cider spirit and perry spirit

9. Gentian spirit

10. Fruit spirit drinks

11. Juniper-flavoured spirit drinks

12. Caraway-flavoured spirit drinks

13. Aniseed-flavoured spirit drinks

14. Liqueur

Eau-de-vie de quetsch de marque nationale luxembourgeoise
Eau-de-vie de mirabelle de marque nationale luxembourgeoise
Eau-de-vie de prunelles de marque nationale luxembourgeoise

Wachauer Marillenbrand

Calvados du Pays d'Auge

Calvados

Eau-de-vie de cidre de Bretagne
Eau-de-vie de poiré de Bretagne

Eau-de-vie de cidre de Normandie

Eau-de-vie de poiré de Normandie

Eau-de-vie de cidre du Maine

Aguardiente de sidra de Asturias
Eau-de-vie de poiré du Maine

Bayerischer Gebirgsenzian
Sudtiroler Enzian/Genzians dell'Alto Adige

Genziana trentina ou del Trentino

Pacharân

Pacharân navarro

Ostfriesischer Korngenever

Genièvre Flandre Artois

Hasseltsejenever
Balegemsejenever

Péket de Wallonie

Steinhâger
Plymouth Gin

Gin de Mahôn

Dansk Akvavit/Dansk Aquavit
Svensk Aquavit/Svensk Akvavit/Swedish Aquavit

Anis espanol
Évoca anisada

Cazalla

Chinchôn

Ojén

Rute

Ouzo/OûÇo

Berliner Kummel

Hamburger Kummel

Munchener Kummel

Chiemseer Klosterlikôr

Bayerischer Kràuterlikôr
Cassis de Dijon

Cassis de Beaufort

Irish Cream

Palo de Mallorca

#### **_/r_**

14. Liqueur
_(cont'd)_

15. Spirit drinks

16. Vodka

GinUnha portuguesa
Licor de Singevergs

Benediktbeurer Klosterlikôr

Ettaler Klosterlikôr

Ratafia de Champagne

Ratafia catalana

Anis portuguès
Finnish berry/fruit liqueur
Grossglockner Alpenbitter
Marizzeller Magenlikôr
Mariazeller Jagasaftl

Puchheimer Bitter

Puchheimer Schlossgeist
Steinfelder Magenbitter

Wachauer MarUllenlikôr

Jâgertee, Jagertee, Jagatee

Pommeau de Bretagne

Pommeau du Maine

Pommeau de Normandie

Svensk Punsch/Swedish Punsch

Svensk Vodka/Swedish Vodka

Suomalainen Vodka/Finsk Vodka/Vodka of Finland

**/s**

ANNEX II

Agave spirit drink TEQUILA: Protected, made and
classified in accordance with the laws

and regulations of the United Mexican
States

Agave spirit drink MEZCAL: Protected, made and
classified in accordance with the laws

and regulations of the United Mexican
States

### **_a_**

**Exchange** **of letters concerning the Agreement between the European Community and**
**the United** **Mexican** **S'ates** **on the mutual recognition and protection of designations**

**for spirit drinks**

Letter No 1

Brussels,

Sir,

I have the honour to refer to the Agreement between the European Community and the United
Mexican States concerning the mutual recognition and protection of designations for spirit
drinks.

In this connection, I wish to confirm the following:

Notwithstanding the provisions of Article 4.2, the .United Mexican States and the Community
have agreed that the protection of the designation of the alcoholic spirit Tequila' referred to
in Annex II to the Agreement shall not prevent the use in the Kingdom of Spain of the
designation "Tequila" during a transitional period of one year, as of the entry into force of
the Agreement provided that local producers undertake not to increase current output.

For the designated spirit drink "Tequila" produced in Spain, the provisions set down in
Article 19(1), first sentence, of the Agreement will take effect from the expiry of the
transitional period of one year.

I should be obliged if you would confirm that the Government of the United Mexican States
is in agreement with the contents of this letter.

Please accept Sir, the assurance of my highest consideration,

For the Council of the European Union

###### **_te_**

**Exchange of letters concerning the Agreement between the European Community and**
**the United Mexican States on the mutual recognition and protection of designations**

**for spirit drinks**

Letter No 2

Brussels,

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as
follows:

"I have the honour to refer to the Agreement between the European Community and the
United Mexican States concerning the mutual recognition and protection of designations for
spirit drinks.

In this connection, I wish to confirm the following:

Notwithstanding the provisions of Article 4.2, the United Mexican States and the Community
have agreed that the protection of the designation of the alcoholic spirit "Tequila" referred to
in Annex II to the Agreement shall not prevent the use in the Kingdom of Spain of the
designation "Tequila" during a transitional period of one year, as of the entry into force of
the Agreement provided that local producers undertake not to increase current output.

For the designated spirit drink "Tequila" produced in Spain, the provisions set down in
Article 19(1), first sentence, of the Agreement, will take effect from the expiry of the
transitional period of one year.

I should be obliged if you would confirm that the Government of the United Mexican States
is in agreement with the contents of this letter."

I have the honour to confirm that my Government is in agreement with the contents of this
letter.

Please accept, Sir, the assurance of my highest consideration,

For the Government of the United Mexican States

**'?**

ISSN 0254-1475

##### COM(97) 189 final

# **DOCUMENTS**

E N 03 02 08 11

Catalogue number : CB-CO-97-182-EN-C

ISBN 92-78-19355-0

Office for Official Publications of the European Communities

L-2985 Luxembourg

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