CELEX: 51994EC1267
Language: en
Date: 2006-12-08
Title: Draft Commission Regulation (EC) No …/.. of […] applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2004)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

            applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks

                                                                (Codified version)

                                            ê 1267/94 (adapted)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

            applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation  of
spirit drinks[1], and in particular Article 11(1) thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on  the  mutual
      recognition of certain spirit drinks[2] has been substantially amended[3]. In the interests of clarity and rationality the said  Regulation
      should be codified.

                                            ê 1267/94 Recital 1 (adapted)

   2) The European Union has concluded an agreement in the form of an exchange of letters with the United  States  of  America  Ö and  signed  an
      agreement with the United Mexican States Õ on the mutual recognition and protection of certain spirit drinks. Ö These agreements Õ  provide
      for the application, within a certain time, of the regulations and administrative measures necessary to  fulfil  the  obligations  set  out
      therein. In order to provide the products concerned with the guarantees laid down with regard to control and  protection,  a  list  of  the
      products covered by the agreements concluded by the European Union should be established.

                                            ê 1267/94 Recital 2

   3) The measures provided for in this Regulation are in accordance with the opinion of the Implementation Committee for Spirit Drinks,

                                            ê 1267/94 (adapted)

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

1. The product descriptions given in the list in Annex I hereto, originating in the third countries referred to therein, may  only  be  used  for
products produced in accordance with the laws and regulations of the third countries concerned.

                                            ê 1267/94

2. The products referred to in paragraph 1 shall be covered by the measures for the protection and  control  of  spirit  drinks  referred  to  in
Article 10 of Regulation (EEC) No 1576/89 under the conditions laid down in the agreement with the third countries concerned.

                                            ê 

                                                                    Article 2

Regulation (EC) No 1267/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex III.

                                            ê 1267/94 Art. 2 (adapted)

                                                                    Article 3

This Regulation shall enter into force on the Ö twentieth Õ day following Ö that of Õ its publication in the Official  Journal  of  the  European
Ö Union Õ .

                                            ê 1267/94

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 1267/94

                                                                     ANNEX I

|Product description                                                                              |Country of origin                    |
|Tennessee Whisky / Tennessee Whiskey                                                             |United States                        |
|Bourbon Whisky / Bourbon Whiskey / Bourbon as a description for Bourbon Whiskey                  |United States                        |

                                            ê 1434/97 Art. 1

|Tequila                                                                                          |United Mexican States                |
|Mezcal                                                                                           |United Mexican States                |

                                                                 _______________

                                            é

                                                                     ANNEX II

                                                      Repealed Regulation with its amendment

|Commission Regulation (EC) No 1267/94                                              |(OJ L 138, 2.6.1994, p. 7)                     |
|Commission Regulation (EC) No 1434/97                                               |(OJ L 196, 24.7.1997, p. 56)                |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EC) No 1267/94                                           |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|_____                                                                |Article 2                                                            |
|Article 2                                                            |Article 3                                                            |
|Annex                                                                |Annex I                                                              |
|_____                                                                |Annex II                                                             |
|_____                                                                |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 160, 12.6.1989, p. 1.
[2]   OJ L 138, 2.6.1994, p. 7. Regulation as amended by Regulation (EC) No 1434/97 (OJ L 196, 24.7.1997, p. 56).
[3]   See Annex II.