CELEX: 51978PC0657
Language: en
Date: 1978-11-30 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate an agreement between the European Economic Community and the Republic of Austria on the protection of expressions and designations of origin and denominations of quality wines (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 657
Vol. 1978/0253
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM ( 78 ) 657 final .
                                                 Brussels , 30 November 1978
                     r      Recommendation for a
                         v             . r ,
                         c,     COUNCIL DECISION
 authorizing the Commission to negotiate an agreement between the
            !>* * ■                 •*■...
 European Economic Community and the Republic of Austria on the
              y" - x                    ;•
 protection of expressions and designations of origin and denomi­
 nations of quality winesInès . <\s :;
               ( submitted to the Council by the Commission )
 C0M(78 ) 657 final
 ---pagebreak---                  RECOMEKDATION BY THE COMMISSION TO THE COUNCIL
                 CONCERNING THE NEGOTIATION WITH AUSTRIA OP AN
                 AGREEMENT? ON THE RECIPROCAL PROTECTION OF EXPRESS­
                 IONS AND DESIGNATIONS 0? ORIGIN AND DENOMINATIONS
                 OF QUALITY WINES .
Article 28b of Council Regulation 816/70 of 28 April 1970 laying down
additional provisions for "the common organization of the market in wine
provides that :
1 . For "the purpose of marketing within the Community ; imported wines intended
    for direct human consumption and designated by a geographical indication
    may , where reciprocal arrangements can be established , be controlled and
    protected as provided for in Article 13 of Regulation (EEC ) n° 817/70 in
    respect' of quality wines psr .
                                     1
2 . Paragraph 1 shall be implemented by agreements with the interested third
    countries to be negotiated and concluded in accordance with the procedure laid
    deown in Article 113 of the Treaty#
3 . Detailed rules for the application of this Article shall be adopted in accord­
    ance with the procedu re laid down in Article 7 of Regulation N° 24 "»
On the basis of this Community legislation , the Austrian authorities requested
that , subject to reciprocal trea tment , Austrian wines imported into the Commu­
nity and designated by a geographical indication should qualify for the control
and protection laid down for Community quality wines psr »
 ---pagebreak--- In order to examine this request , exploratory talks were held between          the
Austrian authorities and the Commission *     Following these talks , the Commission
prepared ..draft directives for tha. iiagotiat ion • of an atresiaent "betwwcn Austria
and the Community on the reciprocal protection' of expressions and designations
of origin and denominations of quality vanes .
Conclusion
The Commission recommends to the Council that negotiations "be opened with
Austria with a view to concluding an     agreement "between Austria and the
Community on the protection of expressions and designations of origin and
denominations of quality vanes , on the "basis of the directives which it is
submitting in the Annex hereto .
 ---pagebreak---                         COUNCIL DECISION
 authorizing the Commission to • negotiate an agreement "between
 the European Economic Community and the Republic of Austria on
 the protection of expressions and designations of origin and
denominations of quality wines
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof' ,
Having regard to the Recommendation from the Commission ,
Whereas Article 28"b of Council Regulation (EEC ) n° 816/7O of 28 April 1970
laying down additional provisions for the common organization of the market
in wine ^, as last amended by Regulation ( EEC ) No 1861 / 78^, provides
that    :
                                  \
- for the purposes of marketing within the Community imported wines intended
   for direct human consumption and designated "by a geographical indication
   may , where reciprocal arrangements can be established , be controlled and protect­
   ed as provided for in Article 113 of Regulation (EEC ) n° 8l?/70 in respect of
   quality wines p.s.r. ;
- this provision is to be implemented by agreements with the non-member countries
   concerned , to be negotiated and concluded in accordance with the procedure
   laid down in Article 113 of the Treaty ;
Whereas the Republic of Austria has requested that , where reciprocal arrange­
ments can be established , Austrian quality wines be covered by the provisions
referred to above ,
HAS DECIDED AS FOLLOWS :
1 OJ No L 99, 5.5.1970 , , p. " 1
2
   OJ No L 215 , 4.8.1978 , p.l
 ---pagebreak---                         Sole Article
          The Commissio n is hereby authorised to negotiate an agreement
between the European Economic Community and the Republic of Austria ,
          The Commission shall conduct negotiations in consultation with the
Special Committee provided for in Article 113 of the Treaty and in accordance
with the directives contained in the Annex-
Bone at Brussels ,
                                         For the Council
                                         The President
 ---pagebreak---                                                                       ANNEX
     DIRECTIVE FOR THE NEGOTIATIONS OP AN    AGREEMENT BETVEStT
     THE COMMUNITY AST D AUSTRIA OH THE RECIPROCAL PROTECTION
     OF EXPRESSIONS AMD ES3IGNATXOH3 OF ORIGIN AND DEHTOMlSTA­
     TIONS OF QUALITY WINES
Protection and definitions
 1 , Each of the Contracting Parties would undertake to take all action
     necessary to protect effectively , in accordance with this Agreement ,
     against .unfair trade competition in trade , the denominations of quality
     wines produced in the territory Of the other Contracting Party , and to
     guarantee such protection#
2# "Quality wines " means :
     (a ) as regards wine produced in the Community : quality wines produced
          in specified regions (hereinafter called "quality wines psr"); ■
     (b ) as regards wine production in the Republic of Austria : (wines of
          designated origin,)  V
Scope            "•
1 . The Agreement would apply to the expressions and designations of origin .
     and denominations listed i n the Annex thereto .
2# For the purpose of the Agreement , expressions ans designations of origin
     and other    denominations applied to wines would include all terms which
     referred directly or indirectly to the origin of a wine#    These terms
" - generally consist of a geographical denomination but could consist of .
     other indications associated in the country of origin with wines produced
     in that country#
                                                                            ••/• •
 ---pagebreak---          They may , "besides geographical origin , specify charact eristics of
         the product which depend exclusively or essentially on geographical
         or human faotorg .
3 . Protection of certain terms
      The following would "be protected lay the Agreement when used in denomina­
      tions : the terms "Republik Osterrei ch" and " Osterrei ch" and the names of the
      Austrian Lander ; the terms " Bundesrepubli k Deutschland" and " Deutschland" and
      the names of the German Lander , the terms " R<§publi que frangaise " and " France"
    . and the names of the former French provinces ; the terms " Repubblica Italiana"
      and " Italia" and the names of the Italian regions ; the terms " Grand Duche de
      Luxembourg" and "Luxembourg",
4. Protection of Austrian denominations
      The Austrian denominations protected "by the Agreement on the territory of
      the Community as defined in Article 227 of the Treaty establishing the
      European Economic Community would be used exclusively for the Austrian
      products to which they apply and could be used there only on the conditions
                                    v
      laid down in Austrian legislation.    However , certain provisions of tnat
      legislation would be declared non-applicable in pursuant to the Protocol
  . annexed to the Agreement , which would form an integral part thereof#
5 . Protection of Community denominations
      The Community denominations protected by the Agreement on the territory
      of the Republic of Austria would be used exclusively for the Community
      products to which they apply and could be used there only on the conditions
   . laid down in Community rules .    However , certain provisions of those rules
                                                                                 • •/••
 ---pagebreak--- would be declared non-applicable m pursuant to the Frotocol annexed to
the Agreement , which would form an integral part thereof#
Administrative and legal action
1 . If a denomination protected under the Agreement was used for commercial
    purposes in contravention of paragraphs 4 and 5 » i*1 particular o.n the
    containers or packaging of products or on invoices , consignment notes
    or other commercial     documents or in advertising , all the legal and ad­
    ministrative action provided for in the legislation of the Contracting
    Party , or in the case of the Community of the Mmeber States , on whose
    territory protection is claimed in order to combat unfair competition or
     check in any other way necessary the illegal use of denominations , would
    "be taken , subject to the conditions laid down in that legislation*
2 « The provisions of paragraph 6 would also apply in cases where the deno­
    minations protected by the Agreement are used in translation , with an
    indication of the true origin or with the addition of terms as "style ", •
     "type ", 'imitation" or otb,er like expressions .
3 . These provisions would not apply to translations of denominations of
    Austrian products or products of a Member State of the European Economic
    Community where the translation , in the language or langu? »r: of the    -
    other Contracting Party , consists of a word or words in current use#
False cr misleading information
1 * The provisions of paragraph 6 would also apply where; indications , marks ,
 „ names , inscriptions or graphic representations vfijic'- directly or indirectly
     gave false or misleading information as to the prevenance , origin , nature ,
                                                                       • •/••
 ---pagebreak---     variety or substantial qualities of the vane appeared on wines whose
    denominations were protected under this Agreement , on their containers
    or packaging or on invoices or       consignment notes .                      •
2 . If names of    . graphic representations of places , "buildings , monuments ,
    rivers , mountains , etc .. on the territory of one Contracting Party are
                                  ι
    used in the other Contracting Party for commercial purposes xn connec­
    tion with wines which do not originate in the territory of the first *
    Contracting Party such use is he Id to constitute misleading information
    as to the origin of the wine unless the circumstances are such that it
    can  reasonably be     claimed that no deceit is involved.
Actions "before the courts
1 . Actions for breach of the Agreement could be brought before the competent
    courts of the Member States of the Community not only by natural and '
    legal persons so entitled under the legislation of the Member States
                        by
    concerned but also federations , associations and organizations of
    producers , manufacturers or traders having their headquarters in the
    Republic of Austria , in so far as the legislation of the Member State
    concerned entitles national federations , associations and organozations to
    take proceedings .
2 . Actions for breach of the Agreement could be brought before the courts
    of the Republic of Austria not only by natural and legal persons so entitled
    under the legislation od the Republic of Austria but also by federations ,
    associations and organizations of producers , manufacturers or traders
   having their headquarters in the Community , in so far as the legislation -,
    of the Republic of Austria entitles Austrian federations , associations ,
    and organizations to take proceedings .
                                                                               • •/• •
 ---pagebreak---  9 . Certificate .
     1 . Each of the Contracting Parties could , if it vias necessary for the
         purposes of the Agreement , request the other Contracting Party in a
         note , not to authorize importation or temporary admission unless a
         certificate attesting entitlement to the appellation accompanied the
         wine .  The other Contracting Party should acknowledge receipt of this
         note .  In such cases , wines net accompanied by a certificate would not
         be cleared through customs ,
     2 . The Contracting Party should , in the note referred to in paragraph 1 ,
         indicate the authorities or other bodies competent to issue the cer­
         tificate .  A specimen of the certificate must accompany the note .
10 . Transitional period
     1 . Wines , packaging, advertising material and invoices , con ignment notes
         and other commercial documents which , at the time of entry into force
         of the Agreement , were on the territory of one of the Contracting Par­
         ties and legally bore indications prohibited thereby could be disposed
         of over a period of/two years^ from the entry into force of the Agree­
         ment .
     2 . Where alterations were made to the lists of denominati ons in the
         Annex , the provisions of paragraph 1 would apply and the time limit
         of/two yearsj would run from the entry into force of the alteration.
 11 . Wines in transit
      The Agreement would not apply to the denominations of wines in transit
      on the territory of one' of the Contracting Parties .
                                                                           • •/• •
 ---pagebreak--- 12 . Rules governing imports
     Without pre^udia© to the provisions of paragraph 9i the protection
      afforded by the Agreement to the denominations of wines would "be
      without effect on the provisions governing , now or in the future ,
      the importation of these wines into the territory of each of the
      Contracting Parties .
13 . Internal legislation and' international agreements
     The provisions of the Agreement would not exclude any more extensive
     protection afforded , now or in the future , to denominations protected
     "by the Agreement , "by the Contracting Parties under their internal legis­
     lation or other international agreements .
14 . Implementation of the Agreement
     The representatives of the Contracting Parties would maintain direct
     contact on all matters relating to the implementation of the Agreement .
     The competent Austrian authorities and the Commission of the European
     Communities would notify each other , as and when they were taken , of
     legal decisions concerning the application of the Agreement and in particular
     the conditions in paragraph 7 » relating to the use of denominations .
15® General measures and protective measures
     1 . The Contracting Parties would take all general and particular action
         required to ensure that the obligations imposed by the Agreement were
         fulfilled . They would seek to ensure that the objectives of the Agree­
         ment were met .
     2 . If one of the Contracting Parties considered that the other had failed
         to fulfil an obligation xnder the Agreement it could take appropriate
         action to enable the Agreement to be applied .
 ---pagebreak--- Territories   where applicable
The Agreement would apply , on the one hand , to the territories in
vhich the Treaty establishing the European Economic Community applies
subject to the conditions laid down in that Treaty and , on the other ,
to the territory of the Republic of Austria,