Source: EURLEX
Language: en
Format: md

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

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# 91997E2674

**WRITTEN QUESTION No. 2674/97 by Honório NOVO to the Commission. Production, importation and marketing of wine designated as 'port'** 
  
*Official Journal C 117 , 16/04/1998 P. 0041*

  

WRITTEN QUESTION E-2674/97 by Honório Novo (GUE/NGL) to the Commission (1 September 1997)

Subject: Production, importation and marketing of wine designated as 'port'

The recent Vinexpo-97 world wine and spirits fair, held in Bordeaux, clearly highlighted the fact that producers from a variety of regions misuse the designation 'port'. For example, Californian winegrowers displayed their 'portwine' products and even had the cheek to present 'vinhos do Porto', using labels copied from those of some of the most prestigious Portuguese producers of the authentic Douro wine.

Moreover, in the context of trade negotiations, South Africa is seeking to export to the EU fortified wines designated as 'port', which of course are no more than poor imitations of the Portuguese product.

Further examples of this can be found in other regions and countries, as the Commission is well aware.

The production of fortified wines designated as 'port' - whether in California, South Africa, Australia or any other country or region, even within the EU - constitutes a clear case of counterfeiting and an infringement of intellectual property rights and rules on designation of origin.

In view of the above, I would ask the Commission to state:

- what measures it has taken or intends to take, in the context of the external trade policy and the World Trade Organization, to prohibit effectively the production, importation and marketing in the EU of wines bearing the designation 'port' from California, South Africa, Australia and any other third country;

- what measures it has taken or intends to take at internal level to make the fraudulent marketing of wines bearing the designation 'port' illegal and to combat such practices.

Answer given by Mr Fischler on behalf of the Commission (17 October 1997)

1. The name 'port', use of which is exclusively reserved for wine originating in the 'Oporto' specified region delimited under Council Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified regions ((OJ L 84, 27.3.1997. )), enjoys absolute protection in Community territory. This means that it cannot be used in the designation or presentation of any other wine marketed in the Community, whether Community or imported wine, and also that it may not be used in a derived form such as in 'port wine', regardless of whether or not the actual origin is indicated as in 'South African port'.

The Honourable Member is also asked to refer to the reply to Written Question E-2485/97 ((OJ C 82, 17.3.1998, p. 91. )) by Mr Barros Moura also dealing with protection of the designation 'port'.

2. It is incumbent above all on each Member State to apply Community law properly and combat fraud. To reinforce control in the wine sector and facilitate direct cooperation between Member States the Council in 1989 adopted Regulation (EEC) No 2048/89 laying down general rules on controls in the wine sector ((OJ L 202, 14.7.1989. )). The provisions applicable to designation and presentation of wine sector products, which includes Oporto wines, are explicitly included in its scope.

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