31.12.93 EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING Nr L 337/11
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03/VoL 54 Europeiska gemenskapernas officiella tidning 215 393D0722 31.12.93 EUROPEISKA GEMENSKAPERNAS OFFICIELLA TIDNING Nr L 337/11 AGREEMENT between the European Community and the Republic of Bulgaria on the reciprocal protection and control of wine names The EUROPEAN 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 Europe Agreement establishing an association between the European Communities and their Member States and the Republic of 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 the Republic of 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 : that territory , where a given quality , reputation or other characteristic of the wine is essentially attributable to its geographical origin , Article 1 — 'traditional expression ' shall mean a traditionally used name, referring in particular to the method of The Contracting Parties agree, on the basis of reciprocity, production or to the colour, type or quality of a wine, to protect and control names of wines originating in the which is recognized in the laws and regulations of a Community and in Bulgaria on the conditions provided Contracting Party for the purpose of the description for in this Agreement. and presentation of a wine originating in the territory of a Contracting Party, — 'description' shall mean the names used on the Article 2 labelling, on the documents accompanying the transport of the wine, on the commercial documents 1 , This Agreement applies to wines falling under particularly the invoices and delivery notes, and in heading 22.04 of the Harmonized System . advertising, — 'labelling' shall mean all descriptions and other 2 . For the purposes of this Agreement, unless the references, signs, designs, or trade marks which contrary intention appears ; distinguish the wine and which appear on the same container, including its sealing device or the tag — 'wine originating in ' shall mean , when followed by attached to the container and the sheathing covering the name of one of the Contracting Parties, a wine the neck of bottles, made within the territory of that Contracting Party from grapes which have been wholly harvested and — 'presentation' shall mean the names used on the produced in the territory of that Contracting Party, containers, including the closure, on the labelling and on the packaging, — 'geographical indication' shall mean an indication, including an 'Appellation of origin', which is — 'packaging' shall mean the protective wrappings, such recognized in the laws and regulations of a as papers, straw envelopes of all kinds, cartons and Contracting Party for the purpose of the description cases , used in the transport of one or more containers and presentation of a wine originating in the territory and/or for presenting them with a view to sale to the of a Contracting Party, or in a region or locality in final consumer . 216 Europeiska gemenskapernas officiella tidning 03/Vol . 54 TITLE I — the geographical indications and traditional expressions referred to in the Annex; Reciprocal protection of wine names ( b) as regards wines originating in Bulgaria : — the name 'Bulgaria ', ' Balgaria ', 'Bulgariya', Artide 3 'Bulgar', ' Bt/irapHfl', ' EtJirapcico', 'Bulgarsko', 'Balgarsko' or any other name used to indicate "he Contracting Parties shall take all measures neccssary, this country, a accordance with this Agreement, for the reciprocal — the geographical indications and traditional irotection of the names referred to in Article 4 which are expressions referred to in the Annex, as defined in ised for the description and presentation of wines the Bulgarian law on wine ( 3 ). iriginating in the territory of the Contracting Parties, in » articular against unfair competition . 2 . In Bulgaria, the protected Community names : Article 4 — are reserved exclusively to the wines originating in the Community to which they appley, and . The foliowing names are protected : — may not be used otherwise than under the conditions a ) as regards wines originating in the Community : provided for by the laws and regulations of the Community or, in their absence, of the Member — references to the Member State in which the wine States . originates; — the following terms referred to in Article 1 of Council Regulation ( EEC ) No 823/87 laying 3 . In the Community, the protected Bulgarian names: down special provisions relating to quality wines produced in specified regions ( J ): — are reserved exclusively to the wines originating in ( i ) the term 'quality wine produced in a specified Bulgaria to which they apply, and region', including the abbreviation 'quality wine psr' and the equivalent terms and — may not be used otherwise than under the conditions abbreviations in other Community provided for by the laws and regulations of Bulgaria . languages ; ( ii ) the terms 'quality sparkling wine produced in a specified region' including the abbreviation 4 . The protection provided for in paragraph 1 also 'quality sparkling wine psr', the equivalent applies to names even where the true origin of the wine is terms and abbreviations in other Community indicated or the geographical indication or traditional languages, as well as 'Sekt bestimmter expression is used in translation or accompanied by Anbaugebiete' or 'Sekt b . A. '; delocalizing expressions such as 'kind', 'type', 'style', ( iii ) the terms 'quality semi-sparkling wine 'imitation', 'method', 'trade mark' or the like . produced in a specified region' including the abbreviation 'quality semi-sparkling wine psr' and equivalent terms and abbreviations in 5 . In the case of homonymous or identical geographical other Community languages ; indications: ( iv ) the terms 'quality liqueur wine produced in a specified region ' including the abbreviation (a ) where two indications, protected by virtue of this 'quality liqueur wine psr' and the equivalent Agreement, are homonymous or identical, protection terms and abbreviations in other Community shall be accorded to each indication, provided that: languages ; — the geographical name in question has been used — the following terms referred to in Council traditionally and consistently to describe and Regulation ( EEC ) No 4252/88 on the preparation present a wine produced in the geographical area and marketing of liqueur wines produced in the to which it refers, Community ( 2 ): — the wine is not falsely represented to consumers as 'OLV05 cpl)ciixó;\ 'vino generoso', 'vino originating in the territory of the other generoso de licor', 'vinho generoso', ' vino dulce Contracting Party; naturai', 'vino dolce naturale', 'vinho doce naturai ', 'vin doux naturel', or i ) OJ No L 84, 27 . 3 . 1987, p . 59 . 2 ) OJ No L 373 , 31 . 12 1988, p . 59 . ( 3 ) State Gazette 54, 11 . 7 . 1978 , of the Republic of Bulgaria 03/Vol . 54 Europeiska gemenskapernas officiella tidning 217 ( b ) where a protected indication of a Contracting Party is Party referred to in this Agreement are not used to homonymous or identical with a geographical name describe and present a wine originating in the other outside the territories of the Contracting Parties, the Contracting Party. latter name may be used to describe and present a wine, provided that: — the wine in question has been produced in the geographical area to which it refers, Artide 6 — the geographical name has been used traditionally 1 . If the description or presentation of a wine , and consistently for the purpose of describing and particularly on the label or in the official or commercial presenting wines, documents or in advertising, is in breach of this Agreement, the Contracting Parties shall • apply the — this use is regulated by the country of origin, necessary administrative measures or legal proceedings in accordance with their respective laws and regulations . — the wine is only marketed within the territory of the Contracting Party for which this geographical indication is not protected, 2 . The measures and proceedings laid down in — the wine is not falsely represented to consumers as paragraph 1 shall be taken in particular in the following originating in the territory of the Contracting cases : Party for which this geographical indication is protected . (a ) where the translation of descriptions provided for by Community or Bulgarian legislation into the language or languages of the other Contracting Party results in the appearance of a word which is liable to be In such cases, the Contracting Parties shall determine the misleading as to the origin , nature or quality of the practical conditions under which the homonymous or wine thus described or presented ; identical indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that ( b) where descriptions, trade marks, names, inscriptions consumers are not misled . or illustrations which directly or indirectly give false or misleading information as to the provenance, origin, nature , vine variety or material qualities of the wine appear on containers or packaging, in 6 . Where