COMMISSION OF THE EUROPEAN COMMUNITIES COM(93) 359 final Brussels, 1 September 1993 Proposal for a COUNCIL DECISION concerning the conclusion and signature of an Agreement between the European Economic Community and the Republic of Bulgaria on the reciprocal protection and control of wine names Proposal for a COUNCIL DECISION concerning the conclusion and signature of an Agreement between the European Economic Community and the Republic of Hungary on the reciprocal protection and control of wine names Proposal for a COUNCIL DECISION concerning the conclusion and signature of an Agreement between the European Economic Community and Romania on the reciprocal protection and control of wine names (presented by the Commission) -A- EXPLANATORY MEMORANDUM The Council Decision of 14.12.1992 authorised the Commission to open negotiations with Bulgaria, Hungary and Romania aimed at concluding bilateral agreements on reciprocal protection and control of wine denominations, as well as on the reciprocal setting-up of tariff quotas for certain wines. The agreements on reciprocal protection and control are covered by this proposal. The negotiations carried out by the Commission on the basis of the Council's negotiating directives, have produced three agreements on protection, of which the main elements may be summarized as fol lows : a) the contracting parties commit themselved to provide reciprocal protection for the geographical indications (including designations of origin) and traditional names used to designate and present their wines. All of the denominations to be protected are shown on a positive list annexed to the agreements -, b) the agreements include provisions to ensure effective protection of the denominations in question, particularly as regards the use of delocalising terms and trade marks. c) the agreement on protection with Hungary is complemented with an exchange of letters about the protection of the Hungarian origin designation "Tokaj". It is foreseen that the Member States concerned (France and Italy) may continue, under certain conditions and until the end of pre-determined transitional periods, to use the terms, respectively "Tokay" and "TocaT" to designate wines made from the grape varieties "Pinot Gris" and "TocaT Friulano". d) The agreements foresee mutual assistance between the authorities charged with controls in the wine sector. It is foreseen that the contracting parties may cooperate directly, particularly through exchange of information in cases of suspected non-respect of the provisions of the agreement. Since the agreements contain provisions directly linked to CAP reform, specifically to the Community's wine sector legislation, it is necessary to give these agreements a Community character. In order to facilitate the application of certain provisions of the agreements, it is proposed that the Commission be authorised to carry out the necessary technical adaptations through the Wine Management Committee procedure as laid down in Article 83 of Regulation (EEC) no. 822/87, which allows close cooperation between the Member States and the Commission. -Ao^ In the light of the above, it is proposed to the Council to approve these agreements, which conform fully to the spirit of the European agreements and Interim agreements on trade and trade-related matters already concluded between the Community and these countr ies. Financial implications : This proposal has no financial implications for the Community budget. Small-and medium sized enterprises No effect of competitivity or costs for small and medium sized enterprises. /lb PROPOSAL Council Decision of concerning the conclusion and signature of an Agreement between the European Economic Community and the Republic of Bulgaria on the reciprocal protection and control of wine names THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas the conclusion of the Agreement negotiated between the European Economic Community and Bulgaria on the reciprocal protection and control of wine names will help make measures to eliminate unfair competition in trade more effective, ensure a greater degree of consumer protection and promote trade in wine between the contracting parties; whereas it is therefore desirable to approve the said Agreement; Whereas, in order to facilitate the implementation of certain provisions of the Agreement, the Commission should be authorized to make the necessary technical adjustments in accordance with the procedure laid down in Article 83 of Council Regulation (EEC) No 822/87 of 19 March 1987 on the common organization of the market in wine1, as last amended by Regulation (EEC) No 1566/932; Whereas, since the provisions of the Agreement are directly linked to measures covered by the common commercial and agricultural policy, it must be established at Community level, 1 OJ No L 84, 27.3.1987, p. 1. 2 OJ No L 154, 25.6.1993, p. 39 HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Republic of Bulgaria on the reciprocal protection and control of wine names is hereby approved on behalf of the European Economic Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement and to deposit the instrument of approval by the Community. The President of the Council shall make the notification provided for in Article 19(1) of the Agreement. Article 3 For the purposes of Article 13 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 83 of Regulation (EEC) No 822/87. Article 4 This Decision shall be published in the official Journal of the European Communities. Done at Brussels, For the Council The President ^el_ Agreement between the European Economic Community and the Republic of Bulgaria on the reciprocal protection and control of wine names The European Economic Community, hereinafter called "The Community", of the one part, and the Republic of Bulgaria, hereinafter called "Bulgaria", of the other part, hereinafter called "the Contracting Parties", having regard to the European Agreement establishing an association between the European Communities and their Member States and Bulgaria, signed in Brussels on 8 March 1993, having regard to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and Bulgaria, of the other part, signed in Brussels on 8 March 1993, having regard to the interest of both Contracting Parties in the reciprocal protection and control of wine names, have decided to conclude this Agreement: - 2 - Article 1 The Contracting Parties agree, on the basis of reciprocity, to protect and control names of wines originating in the Community and in Bulgaria on the conditions provided for in the present Agreement. Article 2 1. The present Agreement applies to wines falling under heading 22.04 of the Harmonised System. 2. For the purposes of the present Agreement, unless the contrary intention appears: "wine originating in" shall mean, when followed by the name of one of the Contracting Parties, a wine made within the territory of that Contracting Party from grapes which have been wholly har­ vested and produced in the territory of that Contracting Party; "geographical indication" shall mean an indication, including an "Appellation of Origin", which is recognised in the laws and regulations of a Contracting Party for the purpose of the description and presentation of a wine originating in the territory of a Contract­ ing Party, or in a region or locality in that territory, where a given quality, reputation or other characteristic of the wine is essentially attributable to its geographical origin; "traditional expression" shall mean a traditionally used name, refer­ ring in particular to the method of production or to the colour, type or quality of a wine, which is recognised in the laws and regula­ tions of a Contracting Party for the purpose of the description and presentation of a wine originating in the territory of a Contracting Party; "description" shall mean the names used on the labelling, on the documents accompanying the transport of the wine, on the commer­ cial documents particularly the invoices and delivery notes, and in advertising; "labelling" shall mean all descriptions and other references, signs, designs, or trade marks which distinguish the wine and which appear on the same container, including its sealing device or the tag attached to the container and the sheathing covering the neck of bottles; "presentation" shall mean the names used on the containers, includ­ ing the closure, on the labelling and on the packaging; "packaging" shall mean the protective wrappings, such as papers, straw envelopes of all kinds, cartons and cases, used in the trans­ port of one or more containers and/or for presenting them with a view to sale to the final consumer. -3 - TITLE I Reciprocal protection of wine names Article 3 The Contracting Parties shall take all measures necessary, in accordance with this Agreement, for the reciprocal protection of the names referred to in Article 4 which are used for the description and presentation of wines originat­ ing in the territory of the Contracting Parties, in particular against