REGULATION (EC) No 3378/94 OF THE EUROPEAN PARLIAMENT AND
OF THE  COUNCIL
of 22 December 1994
amending Regulation (EEC) No 1576/89 laying down general rules on the  definition, description and presentation of spirit drinks and Regulation (EEC) No 1601/91 laying  down general rules on the definition, description and presentation of aromatized wines, aromatized  wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of the  multilateral trade negotiations
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular, Articles 43 and  100a thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social Committee(),
Acting in accordance with the procedure referred to in Article 189b of the Treaty(),
Whereas Regulation (EEC) No 1576/89() and Regulation (EEC) No 1601/91() lay down general rules for  the definition, description and presentation of spirit drinks, aromatized wines, aromatized  wine-based drinks and aromatized wine-product cocktails; whereas in order to take account in the  said Regulations of the obligations arising, in particular, from Articles 23 and 24 of the  Agreement on Trade-Related Aspects of Intellectual Property Rights, which forms an integral part of  the Agreement establishing the World Trade Organization, provision should be made therein for the  parties concerned to prevent, under certain conditions, the unlawful use of geographical  designations protected by a third country member of the World Trade Organization,
1. The following Article shall be inserted after Article 11 of  Regulation (EEC) No 1576/89:
'Article 11a
1. Member States shall adopt all measures necessary to permit those concerned to  prevent, under the conditions laid down in Articles 23 and 24 of the Agreement on Trade-Related  Aspects of Intellectual Property Rights, the use within the Community of a geographical designation  identifying products covered by this Regulation for products which do not originate in the place  referred to by the geographical designation in question, including in cases where the actual origin  of the product is indicated or where the geographical designation is given in translation or  accompanied by expressions such as 'like', 'type', 'style', 'imitation' or other.
For the purposes of this Article, 'geographical designation' shall mean any indication identifying  a product as originating in the territory of a third country which is a member of the World Trade  Organization, or in a region or locality of that territory, where a quality, reputation or other  specific characteristic of that product can essentially be attributed to that geographical origin.
2. Paragraph 1 shall apply notwithstanding Article 11 of this Regulation and other provisions of  Community legislation laying down rules for the description and presentation of products covered by  this Regulation.
3. Detailed rules for the application of this Article, where necessary, shall be adopted in  accordance with the procedure laid down in Article 15.'
2. The following Article is inserted after  Article 10 of Regulation (EEC) No 1601/91:
'Article 10a
1. Member States shall adopt all measures necessary to permit those concerned to  prevent, under the conditions laid down in Articles 23 and 24 of the Agreement on Trade-Related  Aspects of Intellectual Property Rights, the use within the Community of a geographical designation  identifying products covered by this Regulation for products which do not originate in the place  referred to by the geographical designation in question, including in cases where the actual origin  of the product is indicated or where the geographical designations given in translation or  accompanied by expressions such as 'like', 'type', 'style', 'imitation' or other.
For the purposes of this Article, 'geographical designation' shall mean any indication identifying  a product as originating in the territory of a third country which is a member of the World Trade  Organization, or in a region or locality of that territory, where a quality, reputation or other  specific characteristic of that product can essentially be attributed to that geographical origin.
2. Paragraph 1 shall apply notwithstanding Article 10 of this Regulation and other provisions of  Community legislation laying down rules for the description and presentation of products covered by  this Regulation.
3. Detailed rules for the application of this Article, where necessary, shall be adopted in  accordance with the procedure laid down in Article 14.'
The Commission shall submit  each year to the European Parliament and to the Council a report on the application of the  instruments in force, backed up by appropriate statistical data.
1. This Regulation shall enter into force on 1 January 1995.
2. It shall apply from 1 January 1996.
This Regulation shall be binding in its entirely and directly applicable in all  Member States.