15.3.1989   

EN

Official Journal of the European Communities

L 71/42

‘basic price’ means the landed cost of alcoholic beverages, which may include the cost of service, incurred by Canadian competent authorities;

‘blended wine’ means wine made in Ontario and British Columbia that contains less than 100 % but no less than 30 % Canadian grapes or grape product;

‘100 % Canadian wine’ means wine that is made entirely from Canadian grapes or grape product in British Columbia, Nova Scotia or Ontario and that is sold in the province of origin;

‘Canadian competent authority’ means any government or commission, board or other governmental agency that is authorized by law to control the sale of distilled spirits, wine and beer;

‘cost of service’ means the audited expenses incident to the purchase, storage, delivery to sales points, handling and sale of alcoholic beverages;

‘the Community’ means ‘the European Economic Community’;

‘delisting’ means a revocation of a listing;

‘distilled spirits’ means spirits, liqueurs and other spirituous beverages;

‘distribution’ means access to the points of sale for alcoholic beverages other than outlets of the Canadian competent authorities;

‘listing’ means a decision by a Canadian competent authority whether brands or varieties of distilled spirits, wines and beer may be sold in its outlets;

‘mark-up’ means the amount added to a base price and to applicable duties and taxes which results in the establishment of a retail price;

‘mark-up differential’ means the difference between the mark-up on a product of the Community and the mark-up on the like product of Canada other than additional costs of service necessarily associated with imported products of the Community;

‘measure’ includes any law, regulation, procedure, requirement or practice;

‘national treatment’ means treatment by a Canadian competent authority of a product of the Community that is no less favourable than the most favourable treatment accorded by such competent authority to any like product of Canada;

‘Ontario brandy’ means brandy that is produced in Ontario from Ontario grapes or grape product;

‘product of Canada’ means distilled spirits, wine or beer respectively that is produced, bottled or packaged in Canada;

‘product of the Community’ means distilled spirits, wine or beer respectively that is produced in the customs territory of the Community.

(a)

the competent authority in Ontario may accord a preference to Ontario brandy in respect of the mark-up of such brandy, for the time and in the measure provided for in Annex D;

(b)

Canadian competent authorities may limit sales by a distillery on its premises to distilled spirits produced there.

(a)

shall accord national treatment to beer that is the product of the Community in respect of measures affecting the listing or delisting of such beer;

(b)

shall not increase any mark-up differential that exists on 1 December 1988 between beer that is the product of the Community and beer that is the product of Canada.

(a)

limit sales by a winery on its premises to wines produced there;

(b)

require private wine store outlets in Ontario to sell only wines produced by Canadian wineries;

(c)

require that wine sold in grocery stores in Quebec under applicable regulations be bottled in Quebec, provided that alternative outlets are provided in Quebec for the sale of wine that is the product of the Community, whether or not such wine is bottled in Quebec.

(a)

non-discriminatory;

(b)

based on normal commercial considerations;

(c)

transparent; and not create disguised barriers to trade; and be

(d)

published and made available to persons with an interest in the trade and listing or decisions to delist such products.

(a)

prompt, written notification of decisions to applicants;

(b)

written reasons for those decisions;

(c)

administrative appeal procedures to ensure prompt, objective reviews of a decision to refuse to list or a decision to delist.