CELEX: 51997PC0189
Language: en
Date: 1997-05-05
Title: Proposal for a Council Decision 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

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)
 ---pagebreak---  ---pagebreak---                           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.
 ---pagebreak---                                     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
 ---pagebreak---                                          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
 ---pagebreak---                                           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~
 ---pagebreak--- (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
 ---pagebreak---                                             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
 ---pagebreak---                                              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
 ---pagebreak---                                          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
 ---pagebreak---                                             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
 ---pagebreak---                                           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.
                                              //
 ---pagebreak---                             ANNEX i
1. Rum          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
   a) Whisky    Scotch Whisky
                Irish Whisky
                Whisky espaflol
                (These designations may also be supplemented by the expressions "malt"
                or "grain".)
   b) Whiskey   Irish Whiskey
                Uisce Beatha Eireannach/Irish Whiskey
                (These designations may also be supplemented by the expression "Pot
                Still".)
   Grain spirit Eau-de-vie de seigle de marque nationale luxembourgeoise
                Korn
                Kornbrand
4. Wine spirit  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
                                  /&
 ---pagebreak--- 4. Wine spirit       Eau-de-vie de vin originaire du Bugey
   (cont'd)          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
5. Brandy            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
6. Grape marc spirit 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>
 ---pagebreak--- 16. Grape marc spirit
    (cont'd)
                      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
 7. Fruit spirit      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
 ---pagebreak---     Fruit spirit                    Eau-de-vie de quetsch de marque nationale luxembourgeoise
    (cont'd)                        Eau-de-vie de mirabelle de marque nationale luxembourgeoise
                                    Eau-de-vie de prunelles de marque nationale luxembourgeoise
                                    Wachauer Marillenbrand
8.  Cider spirit and perry spirit   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
9.  Gentian spirit                  Bayerischer Gebirgsenzian
                                    Sudtiroler Enzian/Genzians dell'Alto Adige
                                    Genziana trentina ou del Trentino
10. Fruit spirit drinks             Pacharân
                                    Pacharân navarro
11. Juniper-flavoured spirit drinks Ostfriesischer Korngenever
                                    Genièvre Flandre Artois
                                    Hasseltsejenever
                                    Balegemsejenever
                                    Péket de Wallonie
                                    Steinhâger
                                    Plymouth Gin
                                    Gin de Mahôn
12. Caraway-flavoured spirit drinks Dansk Akvavit/Dansk Aquavit
                                    Svensk Aquavit/Svensk Akvavit/Swedish Aquavit
13. Aniseed-flavoured spirit drinks Anis espanol
                                    Évoca anisada
                                    Cazalla
                                    Chinchôn
                                    Ojén
                                    Rute
                                    Ouzo/OûÇo
14. Liqueur                         Berliner Kummel
                                    Hamburger Kummel
                                    Munchener Kummel
                                    Chiemseer Klosterlikôr
                                    Bayerischer Kràuterlikôr
                                    Cassis de Dijon
                                    Cassis de Beaufort
                                    Irish Cream
                                    Palo de Mallorca
                                                       /r
 ---pagebreak--- 14. Liqueur       GinUnha portuguesa
    (cont'd)      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
15. Spirit drinks Pommeau de Bretagne
                  Pommeau du Maine
                  Pommeau de Normandie
                  Svensk Punsch/Swedish Punsch
16. Vodka         Svensk Vodka/Swedish Vodka
                  Suomalainen Vodka/Finsk Vodka/Vodka of Finland
                                      /s
 ---pagebreak---                     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
 ---pagebreak--- 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
 ---pagebreak--- 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
                                               '?
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                           COM(97) 189 final
                                              DOCUMENTS
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                                                             ISBN 92-78-19355-0
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