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Document 32009D0049
2009/49/EC: Council Decision of 28 November 2008 on the conclusion of the Agreement between the European Community and Australia on trade in wine
2009/49/EC: Council Decision of 28 November 2008 on the conclusion of the Agreement between the European Community and Australia on trade in wine
2009/49/EC: Council Decision of 28 November 2008 on the conclusion of the Agreement between the European Community and Australia on trade in wine
OJ L 28, 30.1.2009, p. 1–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
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ELI: http://data.europa.eu/eli/dec/2009/49(1)/oj
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Official Journal
|
30.1.2009 |
EN |
Official Journal of the European Union |
L 28/1 |
COUNCIL DECISION
of 28 November 2008
on the conclusion of the Agreement between the European Community and Australia on trade in wine
(2009/49/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(4) thereof,
Having regard to the proposal from the Commission,
Whereas:
|
(1) |
The Agreement between the European Community and Australia on trade in wine (1), approved by Council Decision 94/184/EC (2), provides that further negotiations are required regarding the transitional periods for the names referred to in Articles 8 and 11 of that Agreement. |
|
(2) |
On 23 October 2000, the Council authorised the Commission to negotiate a new Agreement on trade in wine between the Community and Australia. |
|
(3) |
Those negotiations have been concluded and the new Agreement between the European Community and Australia on trade in wine (hereinafter referred to as the Agreement) was initialled by both Parties on 5 June 2007. |
|
(4) |
The Agreement should therefore be approved. |
|
(5) |
In order to facilitate the implementation and possible amendment of the Annexes to the Agreement, the Commission should be authorised to adopt the necessary measures in accordance with the procedure referred to in Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine (3). |
|
(6) |
As from the date of entry into force of the Agreement, the previous Agreement between the European Community and Australia on trade in wine, its Protocol and the related Exchange of Letters, signed at Brussels and Canberra on 26 January 1994 and 31 January 1994, shall be terminated, |
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Community and Australia on trade in wine including its Annexes, Protocol, Declarations and Consolidated Exchange of Letters (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
Article 3
For the purpose of applying Article 29(3) of the Agreement, the Commission is hereby authorised to adopt, in accordance with the procedure referred to, as appropriate, in Article 113(1) or Article 113(2) of Regulation (EC) No 479/2008, the measures necessary to implement the Agreement and to amend its Annexes and the Protocol, in accordance with Articles 29 and 30 of the Agreement.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 28 November 2008.
For the Council
The President
M. BARNIER
AGREEMENT
between the European Community and Australia on trade in wine
THE EUROPEAN COMMUNITY,
hereinafter called ‘the Community’,
of the one part, and
AUSTRALIA,
of the other part,
hereinafter called ‘the Contracting Parties’,
DESIROUS of improving conditions for the favourable and harmonious development of trade and the promotion of commercial cooperation in the wine sector on the basis of equality, mutual benefit and reciprocity,
RECOGNISING that the Contracting Parties desire to establish closer links in the wine sector to help facilitate trade between the Contracting Parties,
HAVE AGREED AS FOLLOWS:
Article 1
Objectives
The Contracting Parties agree, on the basis of non-discrimination and reciprocity, to facilitate and promote trade in wine originating in the Community and in Australia on the conditions provided for in this Agreement.
Article 2
Scope and coverage
This Agreement applies to wines falling under heading 22.04 of the Harmonized System of the International Convention on the Harmonized Commodity, Description and Coding System, done at Brussels on 14 June 1983 (1).
Article 3
Definitions
For the purposes of this Agreement, unless the contrary intention appears:
|
(a) |
‘wine originating in’ shall mean, when used in relation to the name of a Contracting Party, a wine that is produced within the territory of the Contracting Party solely from grapes which have been wholly harvested in the territory of that Contracting Party; |
|
(b) |
‘geographical indication’ shall mean an indication as defined in Article 22(1) of the TRIPs Agreement; |
|
(c) |
‘traditional expression’ shall mean a traditionally used name referring in particular to the method of production or to the quality, colour or type of a wine, which is recognised in the laws and regulations of the Community for the purpose of the description and presentation of a wine originating in the territory of the Community; |
|
(d) |
‘description’ shall mean the words used on the labelling, on the documents accompanying the transport of the wine, on the commercial documents particularly the invoices and delivery notes, and in advertising; |
|
(e) |
‘labelling’ shall mean all descriptions and other references, signs, designs, geographical indications 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; |
|
(f) |
‘presentation’ shall mean the words used on the containers, including the closure, on the labelling and on the packaging; |
|
(g) |
‘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 or for sale to the ultimate consumer; |
|
(h) |
‘TRIPs Agreement’ means the Agreement on Trade-Related Aspects of Intellectual Property Rights, attached as Annex 1C to the WTO Agreement; |
|
(i) |
‘WTO Agreement’ means the Marrakesh Agreement establishing the World Trade Organization done on 15 April 1994; |
|
(j) |
subject to Articles 29(3)(e) and 30(3)(c), a reference to a law, legislation or regulation is a reference to that law, legislation or regulation as amended at the date of signature of the Agreement. If, at the time of signature, one Contracting Party notifies the other Contracting Party that it needs to adopt laws, legislation or regulations to implement its obligations under this Agreement, then a reference to such laws, legislation or regulations shall be a reference to those laws, legislation or regulations as in force on the date such Contracting Party notifies the other Contracting Party that its requirements for the entry into force of this Agreement have been complied with. |
Article 4
General rules
1. Unless otherwise specified in this Agreement, importation and marketing of wine shall be conducted in compliance with the laws and regulations applying in the territory of the importing Contracting Party.
2. The Contracting Parties shall take the measures necessary to ensure that the obligations laid down by this Agreement are fulfilled. They shall ensure that the objectives set out in this Agreement are attained.
TITLE I
OENOLOGICAL PRACTICES AND PROCESSES AND COMPOSITIONAL REQUIREMENTS FOR WINE
Article 5
Existing oenological practices and processes and compositional requirements for wine
1. The Community shall authorise the importation into and marketing in its territory for direct human consumption of all wines originating in Australia and produced in accordance with:
|
(a) |
one or more of the oenological practices or processes listed in paragraph 1 of Annex I, Part A; and |
|
(b) |
the compositional requirements as provided for in point I.1 of the Protocol to the Agreement. |
2. Australia shall authorise the importation into and marketing in its territory for direct human consumption of all wines originating in the Community and produced in accordance with one or more of the oenological practices or processes listed in paragraph 1 of Annex I, Part B.
3. The Contracting Parties recognise that the oenological practices and processes listed in Annex I and compositional requirements provided for in the Protocol meet the objectives and requirements set out in Article 7.
Article 6
New oenological practices, processes, compositional requirements or modifications
1. If one Contracting Party proposes to authorise a new, or modify an existing, oenological practice, process or a compositional requirement for commercial use in its territory which is not authorised by the other Contracting Party by virtue of Article 5 and which requires modifications of Annex I pursuant to Article 11, it shall notify the other Contracting Party in writing as soon as possible and provide a reasonable opportunity for comment prior to the final authorisation of that new or modified oenological practice, process or compositional requirement.
2. The Contracting Party shall also provide upon request a technical dossier supporting the proposed authorisation of the new or modified oenological practice, process or compositional requirement, with regard to the objectives and requirements set out in Article 7, to facilitate the consideration by the other Contracting Party.
3. The consideration of a proposed new or modified oenological practice or process or compositional requirement as referred to in paragraph 1 shall be undertaken by the other Contracting Party taking account of the objectives and requirements set out in Article 7.
4. A Contracting Party shall notify the other Contracting Party within 30 days after the entry into force of the authorisation of a proposed new or modified oenological practice, process or compositional requirement.
5. The notification referred to in paragraph 4 shall comprise a description of the new or modified oenological practice, process or compositional requirement.
6. If a technical dossier has not been provided under paragraph 2, the notifying Contracting Party shall, if requested by the other Contracting Party, provide the technical dossier as specified under that paragraph.
7. This Article does not apply if a Contracting Party adapts an oenological practice or process referred to in Annex I, Part C solely in order to take into account particular climate conditions of a marketing year, provided that the adaptation is minor and does not substantially change the oenological practice or process or compositional requirement concerned (technical adaptation). The Contracting Party proposing to make the technical adaptation shall notify the other Contracting Party as soon as practicable, but at least prior to the marketing in the territory of the other Contracting Party.
Article 7
Objectives and requirements
1. New or modified oenological practices, processes or compositional requirements used for the production of wine shall meet the following objectives:
|
(a) |
the protection of human health; |
|
(b) |
the protection of the consumer against deceptive practices; |
|
(c) |
meeting the standards of good oenological practice as outlined in paragraph 2. |
2. A good oenological practice is one that meets the following requirements:
|
I. |
is not prohibited in the laws and regulations of the originating country; |
|
II. |
protects the authenticity of the product by safeguarding the concept that the typical features of the wine arise in the grapes harvested; |
|
III. |
takes into account the region of cultivation, and in particular, climatic, geological and other production conditions; |
|
IV. |
is based on a reasonable technological or practical need to, among other things, enhance the keeping qualities, stability or consumer acceptance of the wine; |
|
V. |
ensures that the processes or additions are limited to the minimum necessary to achieve the desired effect. |
Article 8
Provisional authorisation
Without prejudice to measures foreseen in Article 35, wines produced with the new or modified oenological practice, process or compositional requirement notified by a Contracting Party under Article 6(4) shall be provisionally authorised for import and marketing in the territory of the other Contracting Party.
Article 9
Objection procedure
1. Within 6 months after a Contracting Party receives notification from the other Contracting Party under Article 6(4), the first Contracting Party may object in writing to the notified new or modified oenological practice, process or compositional requirement on the ground that it does not meet the objective set out in Article 7(1)(b) and/or (c). If an objection is made by a Contracting Party, either Contracting Party may seek consultations provided for in Article 37. Should the matter not be resolved within 12 months after the Contracting Party receives notification under Article 6(4), either Contracting Party may invoke arbitration under Article 10.
2. Within two months after receiving the notification referred to in paragraph 1, the Contracting Party may seek information or an opinion from the Organisation Internationale de la Vigne et du Vin (OIV) or another relevant international body. If such information or opinion is sought, and without prejudice to the other time limits provided for in paragraph 1, the Contracting Parties may mutually agree to extend the 6 month period for an objection to be made by the Contracting Party.
3. The arbitrators referred to in Article 10 shall make the determination as to whether the notified new or modified oenological practice or process or compositional requirement fulfils the objective set out in Article 7(1)(b) and/or(c).
4. In relation to a request by a Contracting Party for authorisation of an oenological practice, process or compositional requirement that has been authorised by the other Contracting Party for commercial use by a third country, the time limits provided for in paragraph 1 shall be reduced by half.
Article 10
Oenological practices arbitration
1. A Contracting Party may invoke arbitration pursuant to Article 9 by notifying the other Contracting Party in writing of the submission of the issue to arbitration.
2. Within 30 days after the receipt of the notification referred to in paragraph 1, each of the Contracting Parties shall appoint an arbitrator applying the criteria of paragraph 6 and notify the other Contracting Party of the selection.
3. Within 30 days of the date of the appointment of the second arbitrator, the two arbitrators appointed in accordance with paragraph 2 shall by mutual agreement appoint a third arbitrator. If the first two arbitrators are unable to agree on a third arbitrator, the Contracting Parties shall jointly agree on the appointment of the third arbitrator within 30 days.
4. If the Contracting Parties are unable to select jointly a third arbitrator within the 30-day period referred to in paragraph 3, the necessary appointment shall be made within a further 60 days, at the request of either Contracting Party, by the President or a Member of the International Court of Justice (considered in the order of seniority), applying the criteria of paragraph 5, in accordance with the practice of the Court.
5. The third arbitrator appointed shall preside over the arbitration and shall have legal qualifications.
6. The arbitrators (other than the presiding member) shall be experts of international standing in the field of oenology whose impartiality is beyond doubt.
7. Within 30 days of the selection of the third arbitrator, the three arbitrators shall jointly determine the rules of working procedure that shall apply to the arbitration, taking into account the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two States, except that the rules of working procedure may be waived or modified by mutual agreement of the Contracting Parties at any time.
8. The three arbitrators shall arrive at conclusions in relation to the issue in question within a maximum of 90 days of the appointment of the third arbitrator. Such conclusions shall be arrived at by majority decision. Specifically, the arbitrators, in their conclusions, shall set out their determination as provided for by Article 9(3).
9. The costs of the arbitration, including the costs of remuneration of the arbitrators, will be borne equally by the Contracting Parties. The fees and expenses payable to the arbitrators shall be subject to the schedule established by the Joint Committee.
10. The arbitrators shall make a determination which shall be final and binding.
Article 11
Modification of Annex I
1. The Contracting Parties shall modify Annex I or the Protocol in accordance with Article 29(3)(a) or 30(3)(a) to take account of the new or modified oenological practice, process or compositional requirement notified pursuant to Article 6(4) as soon as practicable, but no later than 15 months after the date of such notification.
2. By way of derogation from paragraph 1, where a Contracting Party has invoked the objection procedure provided for in Article 9, the Contracting Parties shall act in accordance with the outcome of the consultations, unless the matter is referred to arbitration, in which case:
|
(a) |
if the arbitrators determine that the notified new or modified oenological practice, process or compositional requirement fulfils the objectives set out in Article 7(1)(b) and/or (c), the Contracting Parties shall modify Annex I or the Protocol in accordance with Article 29(3)(a) or 30(3)(a) to add the new or modified oenological practice, process or compositional requirement, within 90 days of the date of such determination; |
|
(b) |
if however, the arbitrators determine that the notified new or modified oenological practice, process or compositional requirement does not fulfil the objectives set out in Article 7(1)(b) and/or (c) the provisional authorisation for the import and marketing of wines originating in the territory of the notifying Contracting Party produced in accordance with the oenological practice, process or compositional requirement in question, as referred to in Article 8, shall cease 90 days after the date of such determination. |
TITLE II
PROTECTION OF WINE NAMES AND RELATED PROVISIONS ON DESCRIPTION AND PRESENTATION
Article 12
Protected names
1. Without prejudice to Articles 15, 17 and 22, and the Protocol, the following names are protected:
|
(a) |
as regards wines originating in the Community:
|
|
(b) |
as regards wines originating in Australia:
|
2. The Contracting Parties shall take all necessary measures to prevent, in cases where wines originating in the Contracting Parties are exported and marketed outside of their territories, the use of protected names of one Contracting Party referred to in this Article to describe and present a wine originating in the other Contracting Party, except as provided for in this Agreement.
Article 13
Geographical indications
1. Unless as otherwise provided for in this Agreement:
|
(a) |
in Australia, the geographical indications for the Community which are listed in Annex II, Part A:
|
|
(b) |
in the Community, the geographical indications for Australia which are listed in Annex II, Part B:
|
2. The Contracting Parties shall take the measures necessary, in accordance with this Agreement, for the reciprocal protection of the geographical indications listed in Annex II, which are used for the description and presentation of wines originating in the territory of the Contracting Parties. Each Contracting Party shall provide the legal means for interested parties to prevent the use of a geographical indication listed in Annex II to identify wines not originating in the place indicated by the geographical indication in question.
3. The protection provided for in paragraph 2 applies, even when:
|
(a) |
the true origin of the wine is indicated; |
|
(b) |
the geographical indication is used in translation; or |
|
(c) |
the indications used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or the like. |
4. The protection provided for in paragraphs 2 and 3 is without prejudice to Articles 15 and 22.
5. The registration of a trade mark for wines which contains or consists of a geographical indication identifying a wine as listed in Annex II shall be refused, or if domestic legislation so permits and at the request of an interested party shall be invalidated, with respect to such wines not originating in the place indicated by the geographical indication.
6. If geographical indications listed in Annex II are homonymous, protection shall be granted to each indication provided that it has been used in good faith. The Contracting Parties shall mutually decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
7. If a geographical indication listed in Annex II is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPs Agreement applies.
8. The provisions of this Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead consumers.
9. Nothing in this Agreement shall oblige a Contracting Party to protect a geographical indication of the other Contracting Party listed in Annex II which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.
10. The Contracting Parties affirm that rights and obligations under this Agreement do not arise for any geographical indications other than those listed in Annex II. Without prejudice to the Agreement's provisions on the protection of geographical indications, the TRIPs Agreement applies to the protection of geographical indications in each of the Contracting Parties.
Article 14
Names or reference to Member States and Australia
1. In Australia, references to the Member States of the Community, and other names used to indicate a Member State, for the purpose of identifying the origin of the wine:
|
(a) |
are reserved for wines originating in the Member State concerned; and |
|
(b) |
may not be used by the Community otherwise than under the conditions provided for by the laws and regulations of the Community. |
2. In the Community, references to Australia, and other names used to indicate Australia, for the purpose of identifying the origin of the wine:
|
(a) |
are reserved for wines originating in Australia; and |
|
(b) |
may not be used by Australia otherwise than under the conditions provided for by the laws and regulations of Australia. |
Article 15
Transitional arrangements
The protection of the names referred to in Article 12(1)(a)(I) and Article 13 shall not prevent the use by Australia of the following names to describe and present a wine in Australia, and in third countries where the laws and regulations so permit, during the following transitional periods:
|
(a) |
12 months after entry into force of this Agreement, for the following names: Burgundy, Chablis, Champagne, Graves, Manzanilla, Marsala, Moselle, Port, Sauterne, Sherry and White Burgundy; |
|
(b) |
10 years after entry into force of this Agreement, for the name Tokay. |
Article 16
Traditional expressions
1. Unless as otherwise provided for in this Agreement, in Australia, the traditional expressions for the Community listed in Annex III:
|
(a) |
shall not be used for the description or presentation of wine originating in Australia; and |
|
(b) |
may not be used for the description or presentation of wine originating in the Community otherwise than in relation to the wines of the origin and the category and in the language as listed in Annex III and under the conditions provided for by the laws and regulations of the Community. |
2. Australia shall take the measures necessary, in accordance with this Agreement, for the protection in accordance with this Article of the traditional expressions listed in Annex III which are used for the description and presentation of wines originating in the territory of the Community. To that end, Australia shall provide appropriate legal means to ensure effective protection and prevent the traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or the like.
3. The protection provided for in paragraph 2 is without prejudice to Articles 17 and 23.
4. The protection of a traditional expression shall apply only:
|
(a) |
to the language or languages in which it appears in Annex III; and |
|
(b) |
for a category of wine in relation to which it is protected for the Community as set out in Annex III. |
5. Australia may allow the use in its territory of terms identical with or similar to the traditional expressions listed in Annex III for wine not originating in the territory of the Contracting Parties provided that consumers are not misled, the origin of the product is stated and the use does not constitute unfair competition as that term is understood in Article 10bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883 as amended.
6. This Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the consumer.
7. Without limiting paragraph 5, Australia shall not permit within its territory the registration or use of a trade mark which contains or consists of a traditional expression listed in Annex III to describe and present a wine, unless this Agreement permits the use of the traditional expression in relation to the wine concerned. However, this requirement:
|
(a) |
does not apply in relation to trade marks legally registered in good faith in Australia, or that have legitimately acquired rights in Australia by being used in good faith, before the date of signature of this Agreement; |
|
(b) |
in the case of traditional expressions included in Annex III after the date of signature of this Agreement, does not apply in relation to trademarks registered in good faith in Australia, or that have legitimately acquired rights in Australia by being used in good faith, before the relevant traditional expression is protected under this Agreement; and |
|
(c) |
does not prevent the use of trademarks referred to in paragraphs (a) and (b) in third countries where the laws and regulations of the third country so permit. |
This provision does not prejudice the right of the Community to use the relevant traditional expression in conformity with paragraph (1)(b).
8. Without limiting paragraphs 5, 6 and 7 and Article 23, Australia shall not permit within its territory the use of a business name which contains or consists of a traditional expression listed in Annex III of this Agreement to describe and present a wine. However, this requirement:
|
(a) |
does not apply in relation to business names legally registered in good faith in Australia before the date of signature of this Agreement; |
|
(b) |
in the case of traditional expressions included in Annex III after the date of signature, does not apply in relation to business names legally registered in good faith in Australia before the relevant traditional expression is protected under this Agreement; and |
|
(c) |
does not prevent the use of such business names in third countries where the laws and regulations of the third country so permit. |
Paragraphs (a), (b) and (c) do not permit the business name to be used in a manner so as to mislead the consumer.
9. Nothing in this Agreement shall oblige Australia to protect a traditional expression listed in Annex III which is not or ceases to be protected in its country of origin or which has fallen into disuse in the Community.
Article 17
Transitional arrangements
The protection of the names referred to in Article 12(1)(a)(III) and Article 16 shall not prevent the use by Australia of the following names to describe and present a wine in Australia, and in third countries where the laws and regulations so permit, during the transitional period of 12 months after entry into force of this Agreement: Amontillado, Auslese, Claret, Fino, Oloroso, Spatlese.
Article 18
Wine Categories and sales descriptions
1. Unless as otherwise provided for in this Agreement, in Australia the wine categories listed in Annex IV, Part A and sales descriptions listed in Annex IV, Part B:
|
(a) |
are reserved to the wines originating in the Community; and |
|
(b) |
may not be used by the Community otherwise than under the conditions provided for by the laws and regulations of the Community. |
2. Nothing in this Agreement shall oblige Australia to reserve a wine category or sales description listed in Annex IV which is not or ceases to be reserved in its country of origin or which has fallen into disuse in the Community.
TITLE III
SPECIFIC PROVISIONS ON PRESENTATION AND DESCRIPTION
Article 19
General principle
Wines may not be labelled with a term which is false or misleading about the character, composition, quality or origin of a wine.
Article 20
Optional particulars
1. For trade in wine between the Contracting Parties, a wine originating in Australia:
|
(a) |
that bears a geographical indication listed in Annex II, Part B, may be described or presented in the Community with the optional particulars set out in paragraph 3, provided that use of the particulars conforms to the rules applicable to wine producers in Australia, and in particular the Australian Wine and Brandy Corporation Act 1980, Trade Practices Act 1974, and the Australia New Zealand Food Standards Code; and |
|
(b) |
that does not bear a geographical indication listed in Annex II, Part B, may be described or presented in the Community with the optional particulars set out in paragraphs 3(d), (g), and (l), provided that use of the particulars conforms to the rules applicable to wine producers in Australia, and in particular the Australian Wine and Brandy Corporation Act 1980, Trade Practices Act 1974, and the Australia New Zealand Food Standards Code. |
2. For trade in wine between the Contracting Parties, a wine originating in the Community:
|
(a) |
that bears a geographical indication listed in Annex II, Part A may be described or presented in Australia with the optional particulars set out in paragraph 3, provided that the wine is labelled in conformity with Chapter II of Title V and Annexes VII and VIII of Council Regulation (EC) No 1493/1999, and Commission Regulation (EC) No 753/2002, and use of the particulars is not false or misleading to consumers within the meaning of the Australian Wine and Brandy Corporation Act 1980 and Trade Practices Act 1974; and |
|
(b) |
that does not bear a geographical indication listed in Annex II, Part A, may be described or presented in Australia with the optional particulars set out in paragraphs 3(d), (g), and (l), provided that the wine is labelled in conformity with Chapter II of Title V and Annexes VII and VIII of the Council Regulation (EC) No 1493/1999, and Commission Regulation (EC) No 753/2002, and use of the particulars is not false or misleading to consumers within the meaning of the Australian Wine and Brandy Corporation Act 1980 and Trade Practices Act 1974. |
3. Optional particulars referred to in paragraphs 1 and 2 are:
|
(a) |
the vintage year corresponding to the year of harvest of the grapes, provided that at least 85 % of the wine is derived from grapes in the year concerned, except for Community wines obtained from grapes harvested in winter, in which case the year of the beginning of the current marketing year shall be shown rather than the vintage year; |
|
(b) |
the name of a vine variety or its synonym in accordance with Article 22; |
|
(c) |
an indication relating to an award, medal or competition, and in the case of an Australian award, medal or competition, provided that the competition has been advised to the competent body of the Community; |
|
(d) |
an indication of the product type as specified in Annex VI; |
|
(e) |
the name of the vineyard; |
|
(f) |
in the case of a wine originating in the territory of the Community, the name of a wine growing holding provided the grapes are grown on that wine growing holding, and the wine is vinified on that wine growing holding; |
|
(g) |
a specific colour of the wine; |
|
(h) |
the bottling location of the wine; |
|
(i) |
subject to Annex VIII, an indication concerning the method used to produce the wine; |
|
(j) |
in the case of the Community, a traditional expression as listed in Annex III; |
|
(k) |
in the case of Australia, a quality wine term as listed in Annex V; |
|
(l) |
the name, title and address of a person that took part in the marketing of the wine. |
Article 21
Presentation
1. The Contracting Parties agree that where particulars are compulsory for inclusion on a wine label in the laws and regulations of the importing Contracting Party, other particulars may be presented in the same field of vision as the compulsory particulars or elsewhere on the wine container.
2. Notwithstanding paragraph 1, if a quality wine term listed in Annex V is used as part of the primary sales designation on a wine label it must be used in the same field of vision as a geographical indication for Australia listed in Annex II, Part B, in characters of substantially the same size. For this paragraph, ‘primary sales designation’ means the designation of the product that appears on the part of the wine container or package intended to be presented to the consumer under normal display conditions.
3. The Contracting Parties agree that the particulars referred to in paragraph 1, including a quality wine term listed in Annex V, may be repeated anywhere on the wine container, whether or not they appear in the same field of vision as a geographical indication listed in Annex II.
4. The Community agrees that a wine originating in Australia may be described or presented in the Community with particulars of the number of standard drinks in the wine, provided that use of the particulars conforms to the rules applicable to wine producers in Australia, and in particular the Australian Wine and Brandy Corporation Act 1980, Trade Practices Act 1974, and the Australia New Zealand Food Standards Code.
Article 22
Vine varieties
1. Each Contracting Party agrees to allow in its territory the use by the other Contracting Party of the names of one or more vine varieties, or, where applicable, their synonyms, to describe and present a wine, so long as the following conditions are complied with:
|
(a) |
the vine varieties or their synonyms appear in the variety classification drawn up by the Organisation International de la Vigne et du Vin (OIV), Union for the Protection of Plan Varieties (UPOV) or International Board for Plant Genetic Resources (IGPBR); |
|
(b) |
where the wine is not composed entirely of the named vine variety(ies), or their synonyms, at least 85 % of the wine shall be obtained from the named variety(-ies), after deduction of the quantity of the products used for possible sweetening and cultures of micro organisms (which quantity shall be no more than 5 % of the wine); |
|
(c) |
each labelled vine variety(-ies) or their synonyms must be in greater proportion in the composition of the wine than any unlabelled variety(-ies); |
|
(d) |
where two or more vine varieties or their synonyms are named, they shall be indicated in descending order of the proportion used in the composition of the wine and in characters of any size; |
|
(e) |
vine variety(-ies) or their synonyms shall be shown either in the same visual field or outside, depending on the internal legislation of the exporting country; |
|
(f) |
the name of the variety(-ies) or their synonyms shall not be used in such a manner as to mislead consumers as to the origin of the wine. For this purpose, the Contracting Parties may determine the practical conditions under which a name may be used. |
2. Notwithstanding paragraph 1 and Article 12(1)(a)(I) and Article 12(1)(b)(I), the Contracting Parties agree that:
|
(a) |
if a vine variety or its synonym contains or consists of a geographical indication listed in Annex II, Part A for the Community, Australia may use the vine variety or synonym for the description or presentation of a wine originating in the territory of Australia if the vine variety or synonym is listed in Annex VII; and |
|
(b) |
if a vine variety or synonym contains or consists of a geographical indication listed in Annex II, Part B for Australia, the Community may use the vine variety or synonym for the description or presentation of a wine originating in the territory of the Community if the vine variety or synonym was used in good faith before the date of entry into force of this Agreement. |
3. Notwithstanding the provisions of Article 12 and this Article, the Contracting Parties agree that during a transitional period ending 12 months after entry into force of this Agreement the name ‘Hermitage’ may be used for wines originating in Australia as a synonym for the vine variety ‘Shiraz’ for sale in countries outside the territory of the Community insofar as the laws and regulations in Australia and other countries permit, provided that this name is not used in such a manner as to mislead consumers.
4. Notwithstanding the provisions of this Article, the Contracting Parties agree that during the transitional period ending 12 months after entry into force of this Agreement the vine variety name ‘Lambrusco’ may be used for wines originating in Australia as a description of a style of wine traditionally made and marketed under that name for sale in countries outside the territory of the Community insofar as the laws and regulations in Australia and other countries permit, provided that the name is not used in such a manner as to mislead consumers.
Article 23
Quality wine terms
Australia may use the terms listed in Annex V to describe and present a wine originating in Australia, in accordance with the conditions of use set out in that Annex and in conformity with Article 20.
Article 24
Wines originating in Australia with a geographical indication
Without prejudice to more restrictive Australian legislation, the Contracting Parties agree that Australia may use a geographical indication listed in Annex II, Part B to describe and present a wine originating in Australia under the following conditions:
|
(a) |
where a single geographical indication is used, at least 85 % of the wine shall be obtained from grapes harvested in this geographical unit; |
|
(b) |
where up to three geographical indications are used for the same wine:
|
Article 25
Enforcement of the labelling requirements
1. If the description or presentation of a wine, particularly on the label, in the official or commercial documents, or in advertising, is in breach of this Agreement, the Contracting Parties shall apply the necessary administrative measures or legal proceedings in accordance with their respective laws and regulations.
2. The measures and proceedings laid down in paragraph 1 shall be taken in particular in the following cases:
|
(a) |
where the translation of descriptions provided for by Community or Australian legislation into the language or languages of the other Contracting Party results in the appearance of a word which is misleading as to the origin, nature or quality of the wine thus described or presented; |
|
(b) |
where descriptions, trade marks, names, inscriptions or illustrations 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, packaging, in advertising, or in official or commercial documents relating to wines whose names are protected under this Agreement; |
|
(c) |
where packaging is used which is misleading as to the origin of the wine. |
Article 26
Standstill
The Contracting Parties shall not, under their domestic legislation, impose conditions less favourable than those provided for in this Agreement or in their domestic legislation in force as at the date of signature of this Agreement, in particular the legislation referred to in Annex IX, in relation to the description, presentation, packaging or composition of wines from the other Contracting Party.
TITLE IV
CERTIFICATION REQUIREMENTS
Article 27
Certification
1. The Community shall authorise, without any time limit, the importation of wine originating in Australia in accordance with the simplified certification provisions provided for in the second subparagraph of Article 24(2) and Article 26 of Commission Regulation (EC) No 883/2001 laying down the detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in the wine sector. For this purpose, and in accordance with the said provisions, Australia shall:
|
(a) |
provide the certification documents and analysis report through the competent body; or |
|
(b) |
where the competent body in subparagraph (a) is satisfied that individual producers are competent to carry out these responsibilities:
|
2. Notwithstanding Article 26 of Commission Regulation (EC) No 883/2001, relating to the simplified VI 1 form, only the following information is required:
|
(a) |
in box 2 of the certification document, the name and address of the importer or consignee; |
|
(b) |
in box 6 of the certification document, the ‘description of the product’ comprising: the nominal volume (e.g. 75cl), the sales designation (i.e. ‘wine of Australia), the protected geographical indication (see Annex II, Part B), the quality wine term (see Annex V), the name of the vine variety(-ies) and the vintage year, if they appear on the label; |
|
(c) |
in box 11 of the certification document, the unique analysis number provided by the competent body of Australia. |
3. For the purpose of this Article, the competent body in the case of Australia shall be the Australian Wine and Brandy Corporation or such other body that may be designated by Australia to be a competent body or bodies.
4. Subject to Article 28, the Community shall not submit the import of wine originating in Australia to a more restrictive or far-reaching system of certification than that which applied to such imports in the Community on 1 March 1994, and that which may be applied to wines imported from other countries applying equivalent supervision and control measures.
5. Subject to Article 28, Australia shall not submit the import of wine originating in the Community to a more restrictive or far-reaching system of certification than that which applied to such imports in Australia on 1 January 1992, and that which may be applied to wines imported from other countries applying equivalent supervision and control measures.
Article 28
Temporary certification
1. The Contracting Parties reserve the right to introduce temporary additional certification requirements in response to legitimate public policy concerns, such as health or consumer protection or in order to act against fraud. In this case the other Contracting Party shall be given adequate information in sufficient time to permit the fulfilment of the additional requirements.
2. The Contracting Parties agree that such requirements shall not extend beyond the period of time necessary to respond to the particular public policy concern in response to which they were introduced.
TITLE V
MANAGEMENT OF THE AGREEMENT
Article 29
Cooperation between the Contracting Parties
1. The Contracting Parties shall directly through their representative bodies, and through the Joint Committee established under Article 30, maintain contact on all matters relating to this Agreement. In particular, the Contracting Parties shall seek to resolve any issue between them arising from this Agreement through their representative bodies or the Joint Committee, in the first instance.
2. Australia designates the Department of Agriculture, Fisheries and Forestry (or any successor agency of the Australian Government that assumes the relevant functions of that Department) as its representative body. The Community designates the Directorate-General for Agriculture and Rural Development of the European Commission as its representative body. A Contracting Party shall notify the other Contracting Party if it changes its representative body.
3. Australia, represented by the Department of Agriculture, Fisheries and Forestry, and the Community:
|
(a) |
may agree that the Annexes or the Protocol to this Agreement should be modified. The Annex or Protocol shall be deemed to be modified from the date agreed by the Contracting Parties; |
|
(b) |
may agree the practical conditions referred to in Articles 13(6) and 22(1)(f); |
|
(c) |
shall communicate in writing to each other the intention to decide new regulations or amendments of existing regulations of public policy concern, such as health or consumer protection, with implications for the wine sector; |
|
(d) |
shall communicate in writing to each other any legislative or administrative measures and judicial decisions concerning the application of this Agreement and inform each other of measures adopted on the basis of such decisions; and |
|
(e) |
may agree that a reference to a law or regulation in a provision of this Agreement should be taken to be a reference to that law or regulation as amended and in force at a particular date after the date of signature of this Agreement. |
Article 30
Joint Committee
1. A Joint Committee shall be established, consisting of representatives of the Community and of Australia.
2. The Joint Committee may make recommendations and adopt decisions by consensus. It shall determine its own rules of procedure. It shall meet at the request of either of the Contracting Parties, alternately in the Community and in Australia, at a time and a place and in a manner (which may include by videoconference) mutually determined by the Contracting Parties, but no later than 90 days after the request.
3. The Joint Committee may decide:
|
(a) |
to modify the Annexes or the Protocol to this Agreement. The Annex or Protocol shall be deemed to be modified from the date agreed by the Contracting Parties; |
|
(b) |
the practical conditions referred to in Article 13(6) and Article 22(1)(f); and |
|
(c) |
that a reference to a law or regulation in a provision of this Agreement should be taken to be a reference to that law or regulation as amended and in force at a particular date after the date of signature of this Agreement. |
4. The Joint Committee shall also see to the proper functioning of this Agreement and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:
|
(a) |
exchanging information between the Contracting Parties to optimise the operation of this Agreement; |
|
(b) |
recommending proposals on issues of mutual interest to the Contracting Parties in the wine or spirits sector; |
|
(c) |
establishing the schedule of fees and expenses referred to in Article 10(9) and 38(7). |
5. The Joint Committee may discuss any matter of mutual interest in the wine sector.
6. The Joint Committee may facilitate the contacts between wine producer and industry representatives of the Contracting Parties.
Article 31
Application and operation of the Agreement
The Contracting Parties designate the contact points set out in Annex X to be responsible for the application and operation of this Agreement.
Article 32
Mutual assistance between the Contracting Parties
1. If a Contracting Party has reason to suspect that:
|
(a) |
a wine or batch of wines as defined in Article 2, being or having been traded between Australia and the Community, does not comply with the rules governing the wine sector in the Community or in Australia or with this Agreement; 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 Contracting Party shall, through its designated contact point, immediately inform the contact point or other relevant 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 wine concerned:
|
(a) |
the producer and the person who has power of disposal over the wine; |
|
(b) |
the composition and organoleptic characteristics of the wine; |
|
(c) |
the description and presentation of the wine; |
|
(d) |
details of the non-compliance with the rules concerning production and marketing. |
TITLE VI
GENERAL PROVISIONS
Article 33
Wines in transit
Titles I, II, III and IV shall not apply to wines that:
|
(a) |
are in transit through the territory of one of the Contracting Parties; or |
|
(b) |
originate in the territory of one of the Contracting Parties and which are consigned in small quantities between the Contracting Parties under the conditions and according to the procedures provided for in point II of the Protocol. |
Article 34
WTO Agreement
This Agreement shall apply without prejudice to the rights and obligations of the Contracting Parties under the WTO Agreement.
Article 35
Sanitary and phytosanitary measures
1. The provisions of this Agreement shall be without prejudice to the right of the Contracting Parties to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures contained in Annex 1A of the WTO Agreement.
2. Each Party shall endeavour to inform the other Party under the procedures set out in Article 29 at the earliest reasonable opportunity of developments which could lead, in relation to wine marketed in its territory, to the adoption of measures necessary for the protection of human, animal or plant life or health, especially those concerning the setting of specific limits on contaminants and residues with a view to agreeing a common approach.
3. Without prejudice to paragraph 2, in a case where one Contracting Party takes or proposes to take urgent sanitary and phytosanitary measures on the grounds that an authorised oenological practice, process or compositional requirement endangers human health, the Contracting Party shall communicate with the other Contracting Party, either through their respective representative bodies or the Joint Committee, within 30 days after the urgent measure is taken or proposed, as the case requires, with a view to agreeing a common approach.
Article 36
Territorial scope
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 Australia.
Article 37
Consultations
1. If a Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under this Agreement, and it has not been possible to resolve the issue pursuant to Article 29(1), it may request in writing consultations with the other Contracting Party. Within 30 days after receipt of the request, the Contracting Parties shall consult each other with a view to resolving the issue.
2. The Contracting Party requesting the consultations shall provide the other Contracting Party with all the information necessary for a detailed examination of the issue in question.
3. In cases where any delay could endanger human health or impair the effectiveness of measures to control fraud, appropriate interim protective measures may be taken by a Contracting Party provided that such consultations are held immediately after the taking of these measures.
4. If the issue has not been resolved within 60 days after receipt of the request for consultations, the Contracting Parties may, by mutual agreement:
|
(a) |
extend the consultation period; or |
|
(b) |
refer the issue to a relevant body for its consideration. |
Article 38
Arbitration
1. If it is not possible to resolve an issue in accordance with Article 37 (other than an objection under Article 9), the Contracting Parties may, by mutual agreement, submit the issue to arbitration in which case they will each notify the other of the appointment of an arbitrator within 60 days applying the criteria set out in paragraph 4.
2. Within 30 days of the date of the appointment of the second arbitrator, the two arbitrators appointed in accordance with paragraph 1 shall by mutual agreement appoint a third arbitrator. If the first two arbitrators are unable to agree on a third arbitrator, the Contracting Parties shall jointly agree on the appointment of the third arbitrator within 30 days.
3. If the Contracting Parties are unable to select jointly a third arbitrator within the 30-day period referred to in paragraph 2, the necessary appointment shall be made within a further 60 days, at the request of either Contracting Party, by the President or a Member of the International Court of Justice (considered in the order of seniority), applying the criteria of paragraph 4 of this Article, in accordance with the practice of the Court.
4. The third arbitrator appointed shall preside over the arbitration and shall have legal qualifications. The arbitrators (other than the presiding member) shall be suitably qualified in the field being considered by the arbitration panel.
5. Within 30 days of the selection of the third arbitrator, the three arbitrators shall jointly determine the rules of working procedure that shall apply to the arbitration, taking into account the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two States, except that the rules of working procedure may be waived or modified by mutual agreement of the Contracting Parties at any time.
6. The three arbitrators shall arrive at conclusions in relation to the issue in question within a maximum of 90 days of the appointment of the third arbitrator. Such conclusions shall be arrived at by majority decision.
7. The costs of the arbitration, including the costs of remuneration of the arbitrators, will be borne equally by the Contracting Parties. The fees and expenses payable to the arbitrators shall be subject to the schedule established by the Joint Committee.
8. The arbitrators shall make a determination which shall be final and binding.
9. The Contracting Parties may, by mutual agreement, submit to arbitration under this Article any other issue relating to bilateral trade in wine.
Article 39
Cooperation in the wine sector
1. The Contracting Parties may by mutual consent amend this Agreement in order to enhance the level of cooperation in the wine sector. They agree to initiate consultations with a view to harmonising rules on wine labelling requirements.
2. Within the framework of this Agreement, either of the Contracting Parties may put forward suggestions for widening the scope of their cooperation, taking into account the experience gained in its application.
Article 40
Existing stocks
Wines which, at the time of entry into force of this Agreement or at the end of the relevant transitional periods provided for in Articles 15, 17 or 22(3) and (4), have been legally produced, described and presented in a manner prohibited by the Agreement, may be marketed under the following conditions:
|
(a) |
where the wine has been produced using one or more oenological practices or processes not referred to in Annex I, the wines may be marketed until stocks are exhausted; |
|
(b) |
where wines are described and presented using terms prohibited by this Agreement, the wines may be marketed:
|
Article 41
Agreement
The Protocol and Annexes appended to this Agreement shall form an integral part thereof.
Article 42
Authentic languages
This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, all these texts being equally authentic.
Article 43
Termination of 1994 Agreement
The Contracting Parties agree that on and from the date of entry into force of this Agreement, the following instruments are terminated:
|
(a) |
the Agreement between Australia and the European Community on Trade in Wine, and Protocol, done at Brussels and Canberra (26-31 January 1994); |
|
(b) |
the related exchanges of letters done at Brussels and Canberra (26-31 January 1994) titled as follows:
|
Article 44
Entry into force
1. 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.
2. Either Contracting Party may terminate this Agreement by giving one year's written notice to the other Contracting Party.
Съставено в Брюксел на първи декември две хиляди и осма година.
Hecho en Bruselas el uno de diciembre de dosmil ocho.
V Bruselu dne prvního prosince dva tisíce osm.
Udfærdiget i Bruxelles den første december to tusind og otte.
Geschehen zu Brüssel am ersten Dezember zweitausendacht.
Kahe tuhande kaheksanda aasta detsembrikuu esimesel päeval Brüsselis.
Έγινε στις Βρυξέλλες, την πρώτη Δεκεμβρίου δύο χιλιάδες οκτώ.
Done at Brussels on the first day of December in the year two thousand and eight.
Fait à Bruxelles, le premier décembre deux mille huit.
Fatto a Bruxelles, addì primo dicembre duemilaotto.
Briselē, divtūkstoš astotā gada pirmajā decembrī.
Priimta du tūkstančiai aštuntų metų gruodžio pirmą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-nyolcadik év december első napján.
Magħmul fi Brussell, fl-ewwel jum ta' Diċembru tas-sena elfejn u tmienja.
Gedaan te Brussel, de eerste december tweeduizend acht.
Sporządzono w Brukseli dnia pierwszego grudnia roku dwa tysiące ósmego.
Feito em Bruxelas, em um de Dezembro de dois mil e oito.
Întocmit la Bruxelles, la întâi decembrie două mii opt.
V Bruseli dňa prvého decembra dvetisícosem.
V Bruslju, dne prvega decembra leta dva tisoč osem.
Tehty Brysselissä ensimmäisenä päivänä joulukuuta vuonna kaksituhattakahdeksan.
Som skedde i Bryssel den första december tjugohundraåtta.
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
За Австралия
Por Australia
Za Austrálii
For Australien
Für Australien
Austraalia nimel
Για τηυ Αυστραλία
For Australia
Pour l'Australie
Per l'Australia
Austrālijas vārdā
Australijos vardu
Ausztrália részéről
Għall-Awstralja
Voor Australië
W imieniu Australii
Pela Austrália
Pentru Australia
Za Austráliu
Za Avstralijo
Australian puolesta
För Australien
(1) ATS 1988 No 30 (without Annex); UNTS 1503 p. 168 (with Annex).
ANNEX I
Oenological practices as referred to in Article 5
PART A
For wines originating in Australia
|
1. |
List of oenological practices and processes authorised for wines originating in Australia, under conditions laid down in Australian rules and in particular the Australian Wine and Brandy Corporation Act 1980, Trade Practices Act 1974, and the Australia New Zealand Food Standards Code (unless otherwise stated in this Annex), with the following prescriptions:
|
|
2. |
New or modified oenological practices and processes mutually decided by the Contracting Parties or the Joint Committee in accordance with the procedure set out in Articles 29 or 30. |
PART B
For wines originating in the Community
|
1. |
List of oenological practices and processes authorised for wines originating in the Community, under conditions laid down in Community rules and in particular of Council Regulation (EC) No 1493/1999, and Commission Regulation (EC) No 1622/2000, (unless otherwise stated) with the following prescriptions:
|
|
2. |
New or modified oenological practices and processes mutually decided by the Contracting Parties or the Joint Committee in accordance with the procedure set out in Articles 29 or 30. |
PART C
Technical adaptations of oenological practices and process, as referred to in Article 6(7)
For the Community, oenological practices and processes as set out in Annex I, Part B:
|
16. |
use of tartaric acid for acidification purposes, provided that the initial acidity content of the wine is not raised by more than 2,5 g/l expressed as tartaric acid; |
|
32. |
addition of sucrose, concentrated grape must or rectified concentrated grape must to increase the natural alcoholic strength of grapes, grape must or wine; |
|
37. |
partial concentration by physical process, including reverse osmosis, to increase the natural alcoholic strength of grape must or wine. |
For Australia, oenological practices and processes as set out in Annex I, Part A:
Nil
(1) This oenological practice is authorised from 1 March 1994.
ANNEX II
Geographical indications as referred to in Article 12
The geographical indications covered by this Agreement are the following:
PART A.
WINES ORIGINATING IN THE EUROPEAN COMMUNITY
|
1. |
Geographical indications of the Member States: |
Austria
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Belgium
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Bulgaria
|
1. |
Quality wines produced in a specified region
|
|||||
|
2. |
Table wines with a geographical indication
|
Cyprus
|
1. |
Quality wines produced in a specified region
|
|||||||||||||||||||||||||||||||||
|
2. |
Table wines with a geographical indication
|
Czech republic
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
France
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Germany
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Greece
|
1. |
Quality wines produced in a specified region
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
Table wines with a geographical indication
|
Hungary
|
1. |
Quality wines produced in a specified region
|
Italy
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Luxembourg
Quality wines produced in a specified region
|
Specified regions (whether or not followed by the name of the commune or parts of commune) |
Names of communes or parts of communes |
|
Moselle Luxembourgeoise |
Ahn Assel Bech-Kleinmacher Born Bous Burmerange Canach Ehnen Ellingen Elvange Erpeldingen Gostingen Greiveldingen Grevenmacher Lenningen Machtum Mertert Moersdorf Mondorf Niederdonven Oberdonven Oberwormeldingen Remerschen Remich Rolling Rosport Schengen Schwebsingen Stadtbredimus Trintingen Wasserbillig Wellenstein Wintringen Wormeldingen |
Malta
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Portugal
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Romania
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Slovakia
Quality wines produced in a specified region
|
Specified regions (followed by the term ‘vinohradnícka oblast’) |
Sub-regions (whether or not followed by the name of the specified region) (followed by the term ‘vinohradnícky rajón’) |
|
Južnoslovenská |
Dunajskostredský |
|
|
Galantský |
|
|
Hurbanovský |
|
|
Komárňanský |
|
|
Palárikovský |
|
|
Šamorínsky |
|
|
Strekovský |
|
|
Štúrovský |
|
Malokarpatská |
Bratislavský |
|
|
Doľanský |
|
|
Hlohovecký |
|
|
Modranský |
|
|
Orešanský |
|
|
Pezinský |
|
|
Senecký |
|
|
Skalický |
|
|
Stupavský |
|
|
Trnavský |
|
|
Vrbovský |
|
|
Záhorský |
|
Nitrianska |
Nitriansky |
|
|
Pukanecký |
|
|
Radošinský |
|
|
Šintavský |
|
|
Tekovský |
|
|
Vrábeľský |
|
|
Želiezovský |
|
|
Žitavský |
|
|
Zlatomoravecký |
|
Stredoslovenská |
Fiľakovský |
|
|
Gemerský |
|
|
Hontiansky |
|
|
Ipeľský |
|
|
Modrokamenecký |
|
|
Tornaľský |
|
|
Vinický |
|
Tokaj/ská/-ský/ské |
Čerhov |
|
|
Černochov |
|
|
Malá Tŕňa |
|
|
Slovenské Nové Mesto |
|
|
Veľká Bara |
|
|
Veľká Tŕňa |
|
|
Viničky |
|
Východoslovenská |
Kráľovskochlmecký |
|
|
Michalovský |
|
|
Moldavský |
|
|
Sobranecký |
Slovenia
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
Spain
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
United kingdom
|
1. |
Quality wines produced in a specified region
|
|
2. |
Table wines with a geographical indication
|
|
2. |
Changes to the list of geographical indications mutually agreed by the Contracting Parties or the Joint Committee in accordance with the procedures set out in Articles 29 or 30. |
PART B.
WINES ORIGINATING IN AUSTRALIA
|
1. |
Geographical indications of Australia:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
Changes to the list of geographical indications mutually agreed by the Contracting Parties in accordance with the procedures set out in Articles 29 or 30. |
ANNEX III
Traditional expressions as referred to in Article 12
1.
Traditional expressions of the Member States:|
Traditional expressions |
Wines concerned |
Wine category |
Language |
|
GERMANY |
|||
|
Qualitätswein |
All |
Quality wine psr |
German |
|
Qualitätswein garantierten Ursprungs/Q.g.U |
All |
Quality wine psr |
German |
|
Qualitätswein mit Prädikat/Q.b.A.m.Pr or Prädikatswein |
All |
Quality wine psr |
German |
|
Qualitätsschaumwein garantierten Ursprungs/Q.g.U |
All |
Quality sparkling wine psr |
German |
|
Auslese |
All |
Quality wine psr |
German |
|
Beerenauslese |
All |
Quality wine psr |
German |
|
Eiswein |
All |
Quality wine psr |
German |
|
Kabinett |
All |
Quality wine psr |
German |
|
Spätlese |
All |
Quality wine psr |
German |
|
Trockenbeerenauslese |
All |
Quality wine psr |
German |
|
Landwein |
All |
Table wine with GI |
German |
|
Affentaler |
Altschweier, Bühl, Eisental, Neusatz/Bühl, Bühlertal, Neuweier/Baden- Baden |
Quality wine psr |
German |
|
Badisch Rotgold |
Baden |
Quality wine psr |
German |
|
Ehrentrudis |
Baden |
Quality wine psr |
German |
|
Hock |
Rhein, Ahr, Hessische Bergstraße, Mittelrhein, Nahe, Rheinhessen, Pfalz, Rheingau |
Table wine with GI |
German |
|
Klassik/Classic |
All |
Quality wine psr |
German |
|
Liebfrau(en)milch |
Nahe, Rheinhessen, Pfalz, Rheingau |
Quality wine psr |
German |
|
Moseltaler |
Mosel-Saar-Ruwer |
Quality wine psr |
German |
|
Riesling-Hochgewächs |
All |
Quality wine psr |
German |
|
Schillerwein |
Württemberg |
Quality wine psr |
German |
|
Weißherbst |
All |
Quality wine psr |
German |
|
Winzersekt |
All |
Quality sparkling wine psr |
German |
|
AUSTRIA |
|||
|
Qualitätswein |
All |
Quality wine psr |
German |
|
Qualitätswein besonderer Reife und Leseart or Prädikatswein |
All |
Quality wine psr |
German |
|
Qualitätswein mit staatlicher Prüfnummer |
All |
Quality wine psr |
German |
|
Ausbruch/Ausbruchwein |
All |
Quality wine psr |
German |
|
Auslese/Auslesewein |
All |
Quality wine psr |
German |
|
Beerenauslese (wein) |
All |
Quality wine psr |
German |
|
Eiswein |
All |
Quality wine psr |
German |
|
Kabinett/Kabinettwein |
All |
Quality wine psr |
German |
|
Schilfwein |
All |
Quality wine psr |
German |
|
Spätlese/Spätlesewein |
All |
Quality wine psr |
German |
|
Strohwein |
All |
Quality wine psr |
German |
|
Trockenbeerenauslese |
All |
Quality wine psr |
German |
|
Landwein |
All |
Table wine with GI |
|
|
Ausstich |
All |
Quality wine psr and table wine with GI |
German |
|
Auswahl |
All |
Quality wine psr and table wine with GI |
German |
|
Bergwein |
All |
Quality wine psr and table wine with GI |
German |
|
Klassik/Classic |
All |
Quality wine psr and table wine with GI |
German |
|
Erste Wahl |
All |
Quality wine psr and table wine with GI |
German |
|
Hausmarke |
All |
Quality wine psr and table wine with GI |
German |
|
Heuriger |
All |
Quality wine psr and table wine with GI |
German |
|
Jubiläumswein |
All |
Quality wine psr and table wine with GI |
German |
|
Schilcher |
Steiermark |
Quality wine psr and table wine with GI |
German |
|
Sturm |
All |
Partial fermented grape must with GI |
German |
|
SPAIN |
|||
|
Denominación de origen (DO) |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Spanish |
|
Denominación de origen calificada (DOCa) |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Spanish |
|
Vino dulce natural |
All |
Quality liquor wine psr |
Spanish |
|
Vino generoso |
Quality liquor wine psr |
Spanish |
|
|
Vino generoso de licor |
Quality liquor wine psr |
Spanish |
|
|
Vino de la Tierra |
All |
Table wine with GI |
|
|
Aloque |
DO Valdepeñas |
Quality wine psr |
Spanish |
|
Amontillado |
DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla Moriles |
Quality liquor wine psr |
Spanish |
|
Añejo |
All |
Quality wine psr, table wine with GI |
Spanish |
|
Añejo |
DO Malaga |
Quality liquor wine psr |
Spanish |
|
Chacoli/Txakolina |
DO Chacoli de Bizkaia DO Chacoli de Getaria DO Chacoli de Alava |
Quality wine psr |
Spanish |
|
Clásico |
DO Abona DO El Hierro DO Lanzarote DO La Palma DO Tacoronte-Acentejo DO Tarragona DO Valle de Güimar DO Valle de la Orotava DO Ycoden-Daute-Isora |
Quality wine psr |
Spanish |
|
Cream |
DDOO Jérez-Xerès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla Moriles DO Málaga DO Condado de Huelva |
Quality liquor wine psr |
English |
|
Criadera |
DDOO Jérez-Xerès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla Moriles DO Málaga DO Condado de Huelva |
Quality liquor wine psr |
Spanish |
|
Criaderas y Soleras |
DDOO Jérez-Xerès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla Moriles DO Málaga DO Condado de Huelva |
Quality liquor wine psr |
Spanish |
|
Crianza |
All |
Quality wine psr |
Spanish |
|
Dorado |
DO Rueda DO Malaga |
Quality liqueur wine psr |
Spanish |
|
Fino |
DO Montilla Moriles DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda |
Quality liqueur wine psr |
Spanish |
|
Fondillón |
DO Alicante |
Quality wine psr |
Spanish |
|
Gran Reserva |
All quality wines psr Cava |
Quality wine psr quality sparkling wine psr |
Spanish |
|
Lágrima |
DO Málaga |
Quality liqueur wine psr |
Spanish |
|
Noble |
All |
Quality wine psr, table wine with GI |
Spanish |
|
Noble |
DO Malaga |
Quality liquor wine psr |
Spanish |
|
Oloroso |
DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla- Moriles |
Quality liquor wine psr |
Spanish |
|
Pajarete |
DO Málaga |
Quality liquor wine psr |
Spanish |
|
Pálido |
DO Condado de Huelva DO Rueda DO Málaga |
Quality liquor wine psr |
Spanish |
|
Palo Cortado |
DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla- Moriles |
Quality liquor wine psr |
Spanish |
|
Primero de cosecha |
DO Valencia |
Quality wine psr |
Spanish |
|
Rancio |
All |
Quality wine psr, quality liqueur wine psr |
Spanish |
|
Raya |
DO Montilla-Moriles |
Quality liquor wine psr |
Spanish |
|
Reserva |
All |
Quality wine psr |
Spanish |
|
Sobremadre |
DO vinos de Madrid |
Quality wine psr |
Spanish |
|
Solera |
DDOO Jérez-Xerès-Sherry y Manzanilla Sanlúcar de Barrameda DO Montilla Moriles DO Málaga DO Condado de Huelva |
Quality liqueur wine psr |
Spanish |
|
Superior |
All |
Quality wine psr |
Spanish |
|
Trasañejo |
DO Málaga |
Quality liquor wine psr |
Spanish |
|
Vino Maestro |
DO Málaga |
Quality liquor wine psr |
Spanish |
|
Vendimia inicial |
DO Utiel-Requena |
Quality wine psr |
Spanish |
|
Viejo |
All |
Quality wine psr, quality liqueur wine psr, table wine with GI |
Spanish |
|
Vino de tea |
DO La Palma |
Quality wine psr |
Spanish |
|
FRANCE |
|||
|
Appellation d'origine contrôlée |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
French |
|
Appellation contrôlée |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
French |
|
Appellation d'origine/vin délimité de qualité supérieure |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
French |
|
Vin doux naturel |
AOC Banyuls, Banyuls Grand Cru, Muscat de Frontignan, Grand Roussillon, Maury, Muscat de Beaume de Venise, Muscat du Cap Corse, Muscat de Lunel, Muscat de Mireval, Muscat de Rivesaltes, Muscat de St Jean de Minervois, Rasteau, Rivesaltes |
Quality wine psr |
French |
|
Vin de pays |
All |
Table wine with GI |
French |
|
Ambré |
All |
Quality liqueur wine psr, table wine with GI |
French |
|
Château |
All |
Quality wine psr, quality liqueur wine psr, quality sparkling wine psr |
French |
|
Clairet |
AOC Bourgogne, AOC Bordeaux |
Quality wine psr |
French |
|
Claret |
AOC Bordeaux |
Quality wine psr |
French |
|
Clos |
All |
Quality wine psr, quality sparkling wine psr, quality liqueur wine psr |
French |
|
Cru Artisan |
AOCMédoc, Haut-Médoc, Margaux, Moulis, Listrac, St Julien, Pauillac, St Estèphe |
Quality wine psr |
French |
|
Cru Bourgeois |
AOC Médoc, Haut-Médoc, Margaux, Moulis, Listrac, St Julien, Pauillac, St Estèphe |
Quality wine psr |
French |
|
Cru Classé, preceded by: Grand, Premier Grand, Deuxième, Troisième, Quatrième, Cinquième |
AOC Côtes de Provence, Graves, St Emilion Grand Cru, Haut-Médoc, Margaux, St Julien, Pauillac, St Estèphe, Sauternes, Pessac Léognan, Barsac |
Quality wine psr |
French |
|
Edelzwicker |
AOC Alsace |
Quality wine psr |
German |
|
Grand Cru |
AOC Alsace, Banyuls, Bonnes Mares, Chablis, Chambertin, Chapelle Chambertin, Chambertin Clos-de-Bèze, Mazoyeres ou Charmes Chambertin, Latricières-Chambertin, Mazis Chambertin, Ruchottes Chambertin, Griottes-Chambertin, Clos de la Roche, Clos Saint Denis, Clos de Tart, Clos de Vougeot, Clos des Lambray, Corton, Corton Charlemagne, Charlemagne, Echézeaux, Grand Echézeaux, La Grande Rue, Montrachet, Chevalier-Montrachet, Bâtard-Montrachet, Bienvenues-Bâtard-Montrachet, Criots-Bâtard-Montrachet, Musigny, Romanée St Vivant, Richebourg, Romanée-Conti, La Romanée, La Tâche, St Emilion |
Quality wine psr |
French |
|
Grand Cru |
Champagne |
Quality sparkling wine psr |
French |
|
Hors d'âge |
AOC Rivesaltes |
Quality liqueur wine psr |
French |
|
Passe-tout-grains |
AOC Bourgogne |
Quality wine psr |
French |
|
Premier Cru |
AOC Aloxe Corton, Auxey Duresses, Beaune, Blagny, Chablis, Chambolle Musigny, Chassagne Montrachet, Champagne, Côtes de Brouilly, Fixin, Gevrey Chambertin, Givry, Ladoix, Maranges, Mercurey, Meursault, Monthélie, Montagny, Morey St Denis, Musigny, Nuits, Nuits-Saint-Georges, Pernand-Vergelesses, Pommard, Puligny-Montrachet, Rully, Santenay, Savigny-les-Beaune, St Aubin, Volnay, Vougeot, Vosne-Romanée |
Quality wine psr, quality sparkling wine psr |
French |
|
Primeur |
All |
Quality wine psr, table wine with GI |
French |
|
Rancio |
AOC Grand Roussillon, Rivesaltes, Banyuls, Banyuls grand cru, Maury, Clairette du Languedoc, Rasteau |
Quality liqueur wine psr |
French |
|
Sélection de grains nobles |
AOC Alsace, Alsace Grand cru, Monbazillac, Graves supérieures, Bonnezeaux, Jurançon, Cérons, Quarts de Chaume, Sauternes, Loupiac, Côteaux du Layon, Barsac, Ste Croix du Mont, Coteaux de l'Aubance, Cadillac |
Quality wine psr |
French |
|
Sur lie |
AOC Muscadet, Muscadet-Coteaux de la Loire, Muscadet-Côtes de Grandlieu, Muscadet-Sèvres et Maine, AOVDQS Gros Plant du Pays Nantais, VDT avec IG Vin de pays d'Oc et Vin de pays des Sables du Golfe du Lion |
Quality wine psr, table wine with GI |
French |
|
Tuilé |
AOC Rivesaltes |
Quality liqueur wine psr |
French |
|
Vendanges tardives |
AOC Alsace, Jurançon |
Quality wine psr |
French |
|
Villages |
AOC Anjou, Beaujolais, Côte de Beaune, Côte de Nuits, Côtes du Rhône, Côtes du Roussillon, Mâcon |
Quality wine psr |
French |
|
Vin de paille |
AOC Côtes du Jura, Arbois, L'Etoile, Hermitage |
Quality wine psr |
French |
|
Vin jaune |
AOC du Jura (Côtes du Jura, Arbois, L'Etoile, Château-Châlon) |
Quality wine psr |
French |
|
GREECE |
|||
|
Ονομασια Προελεύσεως Ελεγχόμενη (ΟΠΕ) (appellation d'origine contrôlée) |
All |
Quality wine psr |
Greek |
|
Ονομασια Προελεύσεως Ανωτέρας Ποιότητος (ΟΠΑΠ) (appellation d'origine de qualité supérieure) |
All |
Quality wine psr |
Greek |
|
Οίνος γλυκός φυσικός (vin doux naturel) |
Μοσχάτος Κεφαλληνίας (Muscat de Céphalonie), Μοσχάτος Πατρών (Muscat de Patras), Μοσχάτος Ρίου-Πατρών (Muscat Rion de Patras), Μοσχάτος Λήμνου (Muscat de Lemnos), Μοσχάτος Ρόδου (Muscat de Rhodos), Μαυροδάφνη Πατρών (Mavrodaphne de Patras), Μαυροδάφνη Κεφαλληνίας (Mavrodaphne de Céphalonie), Σάμος (Samos), Σητεία (Sitia), Δαφνες (Dafnès), Σαντορίνη (Santorini) |
Quality liqueur wine psr |
Greek |
|
Οίνος φυσικώς γλυκός (vin naturellement doux) |
Vins de paille: Κεφαλληνίας (de Céphalonie), Δαφνες (de Dafnès), Λήμνου (de Lemnos), Πατρών (de Patras), Ρίου-Πατρών (de Rion de Patras), Ρόδου (de Rhodos), Σάμος (de Samos), Σητεία (de Sitia), Σαντορίνη (Santorini) |
Quality wine psr |
Greek |
|
Ονομασία κατά παράδοση (Onomasia kata paradosi) |
All |
Table wine with GI |
Greek |
|
Τοπικός Οίνος (vin de pays) |
All |
Table wine with GI |
Greek |
|
Αγρέπαυλη (Agrepavlis) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Αμπέλι (Ampeli) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Αμπελώνας (ες) (Ampelonas ès) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Αρχοντικό (Archontiko) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Κάβα (3) (Cava) |
All |
Table wine with GI |
Greek |
|
Από διαλεκτούς αμπελώνες (Grand Cru) |
Μοσχάτος Κεφαλληνίας (Muscat de Céphalonie), Μοσχάτος Πατρών (Muscat de Patras), Μοσχάτος Ρίου-Πατρών (Muscat Rion de Patras), Μοσχάτος Λήμνου (Muscat de Lemnos), Μοσχάτος Ρόδου (Muscat de Rhodos), Σάμος (Samos) |
Quality liqueur wine psr |
Greek |
|
Ειδικά Επιλεγμένος (Grand réserve) |
All |
Quality wine psr, quality liqueur wine psr |
Greek |
|
Κάστρο (Kastro) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Κτήμα (Ktima) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Λιαστός (Liastos) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Μετόχι (Metochi) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Μοναστήρι (Monastiri) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Νάμα (Nama) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Νυχτέρι (Nychteri) |
ΟΠΑΠ Santorini |
Quality wine psr |
Greek |
|
Ορεινό κτήμα (Orino Ktima) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Ορεινός αμπελώνας (Orinos Ampelonas) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Πύργος (Pyrgos) |
All |
Quality wine psr, table wine with GI |
Greek |
|
Επιλογή ή Επιλεγμένος (Réserve) |
All |
Quality wine psr, quality liqueur wine psr |
Greek |
|
Παλαιωθείς επιλεγμένος (Vieille réserve) |
All |
Quality liqueur wine psr |
Greek |
|
Βερντέα (Verntea) |
Zakynthos |
Table wine with GI |
Greek |
|
Vinsanto |
OΡΑΠ Santorini |
Quality wine psr, quality liqueur wine psr |
Greek |
|
ITALY |
|||
|
Denominazione di Origine Controllata |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr, partial fermented grape musts with GI |
Italian |
|
Denominazione di Origine Controllata e Garantita |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr, partial fermented grape musts with GI |
Italian |
|
Vino Dolce Naturale |
All |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Inticazione geografica tipica (IGT) |
All |
Table wine, ‘vin de pays’, wine of over-ripe grapes and grape; must partially fermented with GI |
Italian |
|
Landwein |
Wine with GI of the autonomous province of Bolzano |
Table wine, ‘vin de pays’, wine of over-ripe grapes and grape; must partially fermented with GI |
German |
|
Vin de pays |
Wine with GI of Aosta region |
Table wine, ‘vin de pays’, wine of over-ripe grapes and grape; must partially fermented with GI |
French |
|
Alberata o vigneti ad alberata |
DOC Aversa |
Quality wine psr, quality sparkling wine psr |
Italian |
|
Amarone |
DOC Valpolicella |
Quality wine psr |
Italian |
|
Ambra |
DOC Marsala |
Quality wine psr |
Italian |
|
Ambrato |
DOC Malvasia delle Lipari DOC Vernaccia di Oristano |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Annoso |
DOC Controguerra |
Quality wine psr |
Italian |
|
Apianum |
DOC Fiano di Avellino |
Quality wine psr |
Latin |
|
Auslese |
DOC Caldaro e Caldaro classico- Alto Adige |
Quality wine psr |
German |
|
Barco Reale |
DOC Barco Reale di Carmignano |
Quality wine psr |
Italian |
|
Brunello |
DOC Brunello di Montalcino |
Quality wine psr |
Italian |
|
Buttafuoco |
DOC Oltrepò Pavese |
Quality wine psr, quality semi sparkling wine psr |
Italian |
|
Cacc'e mitte |
DOC Cacc'e Mitte di Lucera |
Quality wine psr |
Italian |
|
Cagnina |
DOC Cagnina di Romagna |
Quality wine psr |
Italian |
|
Cannellino |
DOC Frascati |
Quality wine psr |
Italian |
|
Cerasuolo |
DOC Cerasuolo di Vittoria DOC Montepulciano d'Abruzzo |
Quality wine psr |
Italian |
|
Chiaretto |
All |
Quality wine psr, quality sparkling wine psr, quality liqueur wine psr, table wine with GI |
Italian |
|
Ciaret |
DOC Monferrato |
Quality wine psr |
Italian |
|
Château |
DOC Valle d'Aosta |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
French |
|
Classico |
All |
Quality wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Italian |
|
Dunkel |
DOC Alto Adige DOC Trentino |
Quality wine psr |
German |
|
Est! Est!!Est!!! |
DOC Est! Est!!Est!!! di Montefiascone |
Quality wine psr, quality sparkling wine psr |
Latin |
|
Falerno |
DOC Falerno del Massico |
Quality wine psr |
Italian |
|
Fine |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Fior d'Arancio |
DOC Colli Euganei |
Quality wine psr, quality sparkling wine psr, table wine with GI |
Italian |
|
Falerio |
DOC Falerio dei colli Ascolani |
Quality wine psr |
Italian |
|
Flétri |
DOC Valle d'Aosta or Vallée d'Aoste |
Quality wine psr |
Italian |
|
Garibaldi Dolce (or GD) |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Governo all'uso toscano |
DOCG Chianti/Chianti Classico IGT Colli della Toscana Centrale |
Quality wine psr, table wine with GI |
Italian |
|
Gutturnio |
DOC Colli Piacentini |
Quality wine psr, quality semi-sparkling wine psr |
Italian |
|
Italia Particolare (or IP) |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Klassisch/Klassisches Ursprungsgebiet |
DOC Caldaro DOC Alto Adige (known as Santa Maddalena and Terlano) |
Quality wine psr |
German |
|
Kretzer |
DOC Alto Adige DOC Trentino DOC Teroldego Rotaliano |
Quality wine psr |
German |
|
Lacrima |
DOC Lacrima di Morro d'Alba |
Quality wine psr |
Italian |
|
Lacryma Christi |
DOC Vesuvio |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Lambiccato |
DOC Castel San Lorenzo |
Quality wine psr |
Italian |
|
London Particolar (or LP/Inghilterra) |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Morellino |
DOC Morellino di Scansano |
Quality wine psr |
Italian |
|
Occhio di Pernice |
DOC Bolgheri, Vin Santo Di Carmignano, Colli dell'Etruria Centrale, Colline Lucchesi, Cortona, Elba, Montecarlo, Monteregio di Massa Maritima, San Gimignano, Sant'Antimo, Vin Santo del Chianti, Vin Santo del Chianti Classico, Vin Santo di Montepulciano |
Quality wine psr |
Italian |
|
Oro |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Pagadebit |
DOC pagadebit di Romagna |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Passito |
All |
Quality wine psr, quality liqueur wine psr, table wine with GI |
Italian |
|
Ramie |
DOC Pinerolese |
Quality wine psr |
Italian |
|
Rebola |
DOC Colli di Rimini |
Quality wine psr |
Italian |
|
Recioto |
DOC Valpolicella DOC Gambellara DOCG Recioto di Soave |
Quality wine psr, quality sparkling wine psr |
Italian |
|
Riserva |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Italian |
|
Rubino |
DOC Garda Colli Mantovani DOC Rubino di Cantavenna DOC Teroldego Rotaliano DOC Trentino |
Quality wine psr |
Italian |
|
Rubino |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Sangue di Giuda |
DOC Oltrepò Pavese |
Quality wine psr, quality semi sparkling wine psr |
Italian |
|
Scelto |
All |
Quality wine psr |
Italian |
|
Sciacchetrà |
DOC Cinque Terre |
Quality wine psr |
Italian |
|
Sciac-trà |
DOC Pornassio or Ormeasco di Pornassio |
Quality wine psr |
Italian |
|
Sforzato, Sfursàt |
DO Valtellina |
Quality wine psr |
Italian |
|
Spätlese |
DOC and IGT de Bolzano |
Quality wine psr, table wine with GI |
German |
|
Soleras |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Stravecchio |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Strohwein |
DOC and IGT de Bolzano |
Quality wine psr, table wine with GI |
German |
|
Superiore |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Italian |
|
Superiore Old Marsala (or SOM) |
DOC Marsala |
Quality liqueur wine psr |
Italian |
|
Torchiato |
DOC Colli di Conegliano |
Quality wine psr |
Italian |
|
Torcolato |
DOC Breganze |
Quality wine psr |
Italian |
|
Vecchio |
DOC Rosso Barletta, Aglianico del Vuture, Marsala, Falerno del Massico |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Vendemmia Tardiva |
All |
Quality wine psr, quality semi sparkling wine psr, table wine with GI |
Italian |
|
Verdolino |
All |
Quality wine psr, table wine with GI |
Italian |
|
Vergine |
DOC Marsala DOC Val di Chiana |
Quality wine psr, quality liqueur wine psr |
Italian |
|
Vermiglio |
DOC Colli dell Etruria Centrale |
Quality liqueur wine psr |
Italian |
|
Vino Fiore |
All |
Quality wine psr |
Italian |
|
Vino Nobile |
Vino Nobile di Montepulciano |
Quality wine psr |
Italian |
|
Vino Novello o Novello |
All |
Quality wine psr, table wine with GI |
Italian |
|
Vin santo/Vino Santo/Vinsanto |
DOC et DOCG Bianco dell'Empolese, Bianco della Valdinievole, Bianco Pisano di San Torpé, Bolgheri, Candia dei Colli Apuani, Capalbio, Carmignano, Colli dell'Etruria Centrale, Colline Lucchesi, Colli del Trasimeno, Colli Perugini, Colli Piacentini, Cortona, Elba, Gambellera, Montecarlo, Monteregio di Massa Maritima, Montescudaio, Offida, Orcia, Pomino, San Gimignano, Sant'Antimo, Val d'Arbia, Val di Chiana, Vin Santo del Chianti, Vin Santo del Chianti Classico, Vin Santo di Montepulciano, Trentino |
Quality wine psr |
Italian |
|
Vivace |
All |
Quality wine psr, quality liqueur wine psr, table wine with GI |
Italian |
|
LUXEMBOURG |
|||
|
Marque nationale |
All |
Quality wine psr, quality sparkling wine psr |
French |
|
Appellation contrôlée |
All |
Quality wine psr, quality sparkling wine psr |
French |
|
Appellation d'origine contrôlée |
All |
Quality wine psr, quality sparkling wine psr |
French |
|
Vin de pays |
All |
Table wine with GI |
French |
|
Grand premier cru |
All |
Quality wine psr |
French |
|
Premier cru |
All |
Quality wine psr |
French |
|
Vin classé |
All |
Quality wine psr |
French |
|
Château |
All |
Quality wine psr, quality sparkling wine psr |
French |
|
PORTUGAL |
|||
|
Denominação de origem (DO) |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Portuguese |
|
Denominação de origem controlada (DOC) |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Portuguese |
|
Indicação de proveniencia regulamentada (IPR) |
All |
Quality wine psr, quality sparkling wine psr, quality semi sparkling wine psr, quality liqueur wine psr |
Portuguese |
|
Vinho doce natural |
All |
Quality liqueur wine psr |
Portuguese |
|
Vinho generoso |
DO Porto, Madeira, Moscatel de Setubal, Carcavelos |
Quality liqueur wine psr |
Portuguese |
|
Vinho regional |
All |
Table wine with GI |
Portuguese |
|
Canteiro |
DO Madeira |
Quality liqueur wine psr |
Portuguese |
|
Colheita Seleccionada |
All |
Quality wine psr, table wine with GI |
Portuguese |
|
Crusted/Crusting |
DO Porto |
Quality liqueur wine psr |
English |
|
Escolha |
All |
Quality wine psr, table wine with GI |
Portuguese |
|
Escuro |
DO Madeira |
Quality liqueur wine psr |
Portuguese |
|
Fino |
DO Porto DO Madeira |
Quality liqueur wine psr |
Portuguese |
|
Frasqueira |
DO Madeira |
Quality liqueur wine psr |
Portuguese |
|
Garrafeira |
All |
Quality wine psr, table wine with GI Quality liqueur wine psr |
Portuguese |
|
Lágrima |
DO Porto |
Quality liqueur wine psr |
Portuguese |
|
Leve |
Table wine with GI Estremadura et Ribatejano DO Madeira, DO Porto |
Table wine with GI quality liqueur wine psr |
Portuguese |
|
Nobre |
DO Dão |
Quality wine psr |
Portuguese |
|
Reserva |
All |
Quality wine psr, quality sparkling wine psr, quality liqueur wine psr, table wine with GI |
Portuguese |
|
Reserva velha (or grande reserva) |
DO Madeira |
Quality sparkling wine psr, quality liqueur wine psr |
Portuguese |
|
Ruby |
DO Porto |
Quality liqueur wine psr |
English |
|
Solera |
DO Madeira |
Quality liqueur wine psr |
Portuguese |
|
Super reserva |
All |
Quality sparkling wine psr |
Portuguese |
|
Superior |
All |
Quality wine psr, quality liqueur wine psr, table wine with GI |
Portuguese |
|
Tawny |
DO Porto |
Quality liqueur wine psr |
English |
|
Vintage whether or not supplemented by Late Bottle (LBV) or Character |
DO Porto |
Quality liqueur wine psr |
English |
|
CZECH REPUBLIC |
|||
|
pozdní sběr |
All |
Quality wine psr |
Czech |
|
archivní víno |
All |
Quality wine psr |
Czech |
|
panenské víno |
All |
Quality wine psr |
Czech |
|
CYPRUS |
|||
|
Τοπικός Οίνος |
All |
Table wine with GI |
Greek |
|
Μοναστήρι (Monastiri) |
All |
Quality wine psr and table wine with GI |
Greek |
|
Οίνος Ελεγχόμενης Ονομασίας Προέλευσης |
All |
Quality wine psr |
Greek |
|
Κτήμα (Ktima) |
All |
Quality wine psr and table wine with GI |
Greek |
|
HUNGARY |
|||
|
minőségi bor |
All |
Quality wine psr |
Hungarian |
|
különleges minőségű bor |
All |
Quality wine psr |
Hungarian |
|
fordítás |
Tokaj/i |
Quality wine psr |
Hungarian |
|
máslás |
Tokaj/i |
Quality wine psr |
Hungarian |
|
szamorodni |
Tokaj/i |
Quality wine psr |
Hungarian |
|
aszú … puttonyos, completed by the numbers 3-6 |
Tokaj/i |
Quality wine psr |
Hungarian |
|
aszúeszencia |
Tokaj/i |
Quality wine psr |
Hungarian |
|
eszencia |
Tokaj/i |
Quality wine psr |
Hungarian |
|
tájbor |
All |
Table wine with GI |
Hungarian |
|
bikavér |
Eger, Szekszárd |
Quality wine psr |
Hungarian |
|
késői szüretelésű bor |
All |
Quality wine psr |
Hungarian |
|
válogatott szüretelésű bor |
All |
Quality wine psr |
Hungarian |
|
muzeális bor |
All |
Quality wine psr |
Hungarian |
|
siller |
All |
Table wine with GI, and quality wine psr |
Hungarian |
|
SLOVAKIA |
|||
|
forditáš |
Tokaj/ská |
Quality wine psr |
Slovak |
|
mášláš |
Tokaj/ská |
Quality wine psr |
Slovak |
|
samorodné |
Tokaj/ská |
Quality wine psr |
Slovak |
|
výber … putňový, completed by the numbers 3-6 |
Tokaj/ská |
Quality wine psr |
Slovak |
|
výberová esencia |
Tokaj/ská |
Quality wine psr |
Slovak |
|
esencia |
Tokaj/ská |
Quality wine psr |
Slovak |
|
SLOVENIA |
|||
|
Penina |
All |
Quality sparkling wine psr |
Slovenian |
|
Pozna trgatev |
All |
Quality wine psr |
Slovenian |
|
Izbor |
All |
Quality wine psr |
Slovenian |
|
jagodni izbor |
All |
Quality wine psr |
Slovenian |
|
suhi jagodni izbor |
All |
Quality wine psr |
Slovenian |
|
Ledeno vino |
All |
Quality wine psr |
Slovenian |
|
arhivsko vino |
All |
Quality wine psr |
Slovenian |
|
Mlado vino |
All |
Quality wine psr |
Slovenian |
|
Cviček |
Dolenjska |
Quality wine psr |
Slovenian |
|
Teran |
Kras |
Quality wine psr |
Slovenian |
2.
Changes to the list of traditional expressions mutually agreed by the Contracting Parties or the Joint Committee in accordance with the procedures set out in Articles 29 or 30.
(1) The wines concerned are quality liqueur wines psr foreseen in Annex VI, point L, paragraph 8 of Council Regulation (EC) No 1493/1999.
(2) The wines concerned are quality liqueur wines psr foreseen in Annex VI, point L, paragraph 8 of Council Regulation (EC) No 1493/1999.
(3) The protection of the term ‘cava’ foreseen in Council Regulation (EC) No 1493/1999 is without prejudice to the protection of the geographical indication applicable to quality sparkling wines psr ‘Cava’.
ANNEX IV
Categories of wine and sales descriptions as referred to in Article 12(1)(a)(IV) and (V)
PART A
Categories of wine
|
— |
quality wine produced in a specified region, |
|
— |
quality wine psr, |
|
— |
quality sparkling wine produced in a specified region, |
|
— |
quality sparkling wine psr, |
|
— |
quality semi-sparkling wine produced in a specified region, |
|
— |
quality semi-sparkling wine psr, |
|
— |
quality liqueur wine produced in a specified region, |
|
— |
quality liqueur wine psr, |
|
— |
and the equivalent terms and abbreviations in other Community languages. |
PART B
Sales descriptions
|
— |
Sekt bestimmter Anbaugebiete, |
|
— |
Sekt b.A., |
in German.
ANNEX V
Quality wine terms as referred to in Article 23
1.
Quality wine terms of Australia:|
Term |
Conditions of use |
Wine type (1) |
|
Cream |
‘Cream’ describes a style of Australian fortified sweet wine of not less then 5 beaume. The wine will be pale yellow to light amber in colour, rich and sweet to taste and typically with a vinous to fruity aroma. The wine can be blended from more than one vintage and typically does not exhibit age-derived characters. Ageing takes place in a variety of vessels. Fortification must be from Australian grape spirit. In addition, for the export market, the wine will be produced using the solera system, including being aged in oak barrels for at least three years. |
Australian fortified wine |
|
Crusted/Crusting |
Crusted/Crusting describes a fortified wine in which deposits may develop in the bottle. |
Australian fortified wine |
|
Ruby |
Ruby describes a style of Australian fortified wine that receives only a few years of ageing prior to bottling. At bottling the wine retains a deep ruby colour and tends to be robust in character, full bodied and fruity. The wine can be blended from more than one vintage, with a view to sustaining the primary characteristics of colour and aroma. Fortification must be from grape spirit. In addition, for the export market, the ageing of the wine will include, as a minimum, ageing in oak barrels for four months. |
Australian fortified wine |
|
Term |
Conditions of use |
Wine type |
|
Solera |
Solera describes a system of using casks/barrels containing wines of varying ages. The wines from the barrel containing the oldest mix of vintages is taken from the solera. All of the wines in the barrels of the solera then cascade in order of age and the barrel containing the youngest mix of wines refreshed with new wine. The process gives a blended product, ranging from pale straw to a dark amber colour depending on the style being produced. This process is reserved for the production of fortified wines. |
Australian fortified wine |
|
Tawny |
Tawny describes a style of Australian fortified wine that receives varying years of ageing prior to bottling. At bottling the wine has a red-gold or ‘tawny’ hue. The wines should reflect the characteristics of careful aging showing ‘developed’ rather than ‘fresh’ fruit characters. However, many show the fresh well developed ‘fruit’ characteristics of younger wine. The wine is usually blended from more than one vintage, may be matured in oak containers and reaches an optimal age before sale. Fortification must be from grape spirit. |
Australian fortified wine |
|
Vintage |
Vintage describes a style of Australian fortified wine that is produced from a single vintage year. These high quality wines are characterised by relatively long periods of bottle maturation. They are generally deep in colour, full bodied and smooth. They are entitled to bear the designation ‘vintage’ and the corresponding year. These wines are characterised by the ability to improve with age in bottle and benefit from prolonged cellaring. Such wines are aged for a minimum of twenty months prior to release. Fortification must be from Australian grape spirit. In addition, for the export market, the ageing of the wine will include, as a minimum, ageing in oak barrels for four months. |
Australian fortified wine |
2.
Changes to the list of quality wine terms mutually agreed by the Contracting Parties or the Joint Committee in accordance with the procedures set out in Articles 29 or 30.
(1) The Contracting Parties acknowledge that the Australian wine type ‘fortified wine’ is equivalent to the Community product ‘liqueur wine’ as defined in point 14 of Annex I to Council Regulation (EC) No 1493/1999.
ANNEX VI
Product type as referred to in Article 20(3)(d)
|
Terms |
Limit of residual sugar for still wines |
|
Dry |
< 4 g/l, or < 9 g/l if total acidity expressed as grams of tartaric acid per litre is < 2 g below the residual sugar content |
|
Medium dry |
between 4 and 12 g/l |
|
Medium sweet |
between 12 and 45 g/l |
|
Sweet |
> 45 g/l |
|
Terms |
Limit of residual sugar for sparkling wines |
|
Brut nature |
< 3 g/l |
|
Extra brut |
between 0 and 6 g/l |
|
Brut |
between 0 and 15 g/l |
|
Extra dry |
between 12 and 20 g/l |
|
Dry |
between 17 and 35 g/l |
|
Medium dry |
between 35 and 50 g/l |
|
Sweet |
> 50 g/l |
ANNEX VII
List of vine varieties or their synonyms that contain or consist of a Community GI that may appear on the labelling of wines originating in Australia in accordance with Article 22(2)
1.
Vine varieties or their synonyms:Alicante Bouchet
Auxerrois
Barbera
Carignan
Carignane
Chardonnay
Pinot Chardonnay
Orange Muscat
Rhine Riesling
Trebbiano
Verdelho
2.
Changes to the list of vine varieties or their synonyms mutually agreed by the Contracting Parties or the Joint Committee in accordance with the procedures set out in Articles 29 or 30.
ANNEX VIII
Definition of certain production methods as referred to in Article 20(3)(i)
1.
If the following terms are used for the description and presentation of a wine, the wine must have been matured, fermented or aged in oak barrels:|
‘barrel aged’ ‘barrel fermented’ ‘barrel matured’ |
‘oak aged’ ‘oak fermented’ ‘oak matured’ |
‘wood aged’ ‘wood fermented’ ‘wood matured’ |
2.
The following terms may be used for the description and presentation of a wine originating in Australia under the following conditions of use:|
botrytis (or similar expression) |
the wine must be made from fresh ripe grapes of which a significant proportion have been affected under natural conditions by the mould Botrytis cinerea in a manner which favours the concentration of sugars in the berries |
|
bottle fermented |
the wine must be a sparkling wine produced by the fermentation in a bottle not exceeding 5 litres in capacity and aged on its lees for not less than 6 months |
|
noble late harvested |
the wine must be made from fresh ripe grapes of which a significant proportion have been affected under natural conditions by the mould Botrytis cinerea in a manner which favours the concentration of sugars in the berries. |
|
special late harvested |
the wine must be made from fresh ripe grapes of which a significant proportion have been desiccated under natural conditions in a manner which favours the concentration of sugars in the berries. |
3.
If other terms related to the making of a wine are used for the description and presentation of the wine, the wine must have been made in accordance with the meaning of those terms as generally used and understood by professional winemakers in the wine producing country.
ANNEX IX
Domestic legislation relating to description, presentation, packaging or composition of wine as referred to in Article 26
FOR AUSTRALIA
Australian Wine and Brandy Corporation Act 1980, and subordinate legislation,
Trade Practices Act 1974,
Australia New Zealand Food Standards Code.
FOR THE COMMUNITY
Title V and Annexes VII and VIII of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine,
Commission Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products.
ANNEX X
Contact points as referred to in Article 31
Changes to contact information shall be notified in a timely manner.
(a) AUSTRALIA
|
The Chief Executive |
|
Australian Wine and Brandy Corporation |
|
National Wine Centre |
|
Botanic Road |
|
ADELAIDE SA 5000 |
|
Australia |
|
(PO Box 2733 |
|
KENT TOWN SA 5071 |
|
Australia) |
|
Tel. (+ 61) (8) 8228 2000 |
|
Fax (+ 61) (8) 8228 2022 |
|
e-mail: awbc@awbc.com.au |
(b) COMMUNITY
European Commission
|
The Directorate-General for Agriculture and Rural Development |
|
(EC-Australia Agreement on Trade in Wine) |
|
B-1049 Bruxelles/B-1049 Brussel |
|
Belgium |
|
Tel. (+ 32)(2) 295-3240 |
|
Fax (+ 32)(2) 295-7540 |
|
e-mail: agri-library@ec.europa.eu |
PROTOCOL
THE CONTRACTING PART IES HEREBY AGREE AS FOLLOWS:
|
I. |
|
|
II. |
Pursuant to Article 33(b) of the Agreement, the Agreement shall not apply to:
The case of exemption referred to in paragraph 1 may not be combined with one or more of the cases of exemption referred to in this paragraph. |
Joint Declaration on future discussions on oenological practices
In consideration of the different forms of regulation of oenological practices, processes and compositional requirements for wine internationally, the Contracting Parties will examine ways of moving towards a less restrictive and more flexible method of agreeing to the use of new oenological practices, processes and compositional requirements for wine than the procedures set out in Title I of the Agreement.
The Contracting Parties will pursue discussions on this issue in the first meeting of the Joint Committee after the date of this Joint Declaration.
Joint Declaration on allergens labelling
1.
Without prejudice to Article 26 of the Agreement, the Contracting Parties acknowledge that:|
(a) |
the Community may require to be included in the description and presentation of a wine, mandatory particulars relating to allergens as foreseen in Directive 2000/13/EC of the European Parliament and Council, dated 20 March 2000, as amended; and |
|
(b) |
Australia may require to be included in the description and presentation of a wine, mandatory particulars concerning certain ingredients or substances as required by Food Standard 1.2.3, Volume 2, Australia New Zealand Food Standards Code (as amended). |
2.
Without limiting Article 4 of the Agreement:|
(a) |
the Community will authorise the importation of wine originating in the territory of Australia that is described and presented in accordance with the requirements set out paragraph 1(a); and |
|
(b) |
Australia will authorise the importation of wine originating in the territory of the Community that is described and presented in accordance with the requirements set out paragraph 1(b). |
3.
The Contracting Parties will work cooperatively with the aim of harmonising their respective regulatory requirements in relation to the indication of ingredients in wine.
Joint Declaration on a dialogue on issues related to international trade in wine
As the largest global exporters of wine, Australia and the European Union have a shared interest in increasing access to and expanding international wine markets, and are committed to exploring ways in which to work together to identify possible areas for common action.
The Contracting Parties will build an enhanced dialogue with each other on issues that could help facilitate and expand the global trade in wine. This dialogue could include discussions on the current Doha round of WTO trade negotiations and negotiations in other international fora affecting the global trade in wine.
Joint Declaration on use of production methods
The Contracting Parties will consider further the use of certain production method terms as listed in Annex VIII in light of any recommendations issued by the Organisation Internationale de la Vigne et du Vin (OIV).
Joint Declaration on labelling issues
The Contracting Parties welcome the resolution of wine labelling issues that has been achieved through this Agreement.
The Contracting Parties underline the importance they attach to the framework provided under this Agreement for the resolution of issues that could arise in the future relating to trade in wine.
Joint Declaration concerning Article 13(3)(c) of the Agreement
The Contracting Parties confirm their understanding that the protection foreseen in Article 13(3)(c) of the Agreement includes expressions such as ‘méthode champenoise’.
Joint Declaration on certification
The Contracting Parties confirm their understanding that the simplified certification provisions referred to in Article 27(1) of the Agreement do not cover bulk wine exported to the Community.
Joint Declaration on Retsina
The Contracting Parties note the following:
|
— |
according to Annex 1(13) of Council Regulation (EC) No 1493/1999, a ‘Retsina’ wine is a wine produced exclusively in the territory of Greece using grape must treated with resin from Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining ‘Retsina’ wine under the conditions laid down in the applicable Greek provisions; |
|
— |
according to Annex IV(1)(n) of Council Regulation (EC) No 1493/1999, use of Aleppo pine resin is an authorised oenological practice in the Community under the conditions laid down in Article 9 of Commission Regulation (EC) No 1622/2000; |
|
— |
wines bearing the label ‘Retsina’ and produced in Greece in conformity with the abovementioned provisions may continue to be exported to Australia. |
CONSOLIDATED EUROPEAN COMMUNITY DECLARATION
Australia's use of compulsory particulars
The European Community recalls that Article 3 of Commission Regulation (EC) No 753/2002 as amended, requires, among other things, the presentation of compulsory particulars to be grouped in the same visual field on the container. For wine originating in Australia, the European Community acknowledges that presentation of the compulsory particulars in a single field of vision would meet this requirement, as long as the particulars were simultaneously readable without having to turn the bottle and were clearly distinguishable from surrounding text or graphics. The European Community confirms that the compulsory particulars may be separated by text or graphics and may be presented on one or more labels within the single field of vision.
The European Community also acknowledges that Australia may, but is not required to, also present the compulsory particulars referring to the importer and the lot number in that single field of vision.
Australia's use of certain particulars
The European Community recalls that Community regulations as provided for in Articles 34(1) and (2) of Commission Regulation (EC) No 753/2002, as amended, require or permit the use of particulars as to the address of certain persons involved in the marketing of the wine to be included on a wine label. In addition, the European Community acknowledges that common English words such as ‘doctor’, ‘mountain’ and ‘sun’ etc. could be used for the description and presentation of Australian wines.
Australia's use of free terms
The European Community recalls that Community wine legislation, in particular, Annexes VII and VIII of Council Regulation (EC) No 1493/1999 and Commission Regulation (EC) No 753/2002 as amended, regulates the conditions of use of compulsory and optional particulars on the Community market. The Community legislation allows the use of other terms than those expressly covered by the Community legislation, provided that they are accurate, there is no risk of confusion with the terms covered by the Community legislation and the operators can prove their accuracy where there is any doubt.
Consistent with this legislation, the European Community acknowledges that Australia may use terms other than those regulated by the Agreement to describe and present its wine as long as the use of the terms conforms with the rules applicable to wine producers in Australia.
CONSOLIDATED EXCHANGE OF LETTERS
A. Letter from the European Community
Brussels, 1 December 2008
Sir,
I have the honour to refer to the negotiations recently undertaken between our respective delegations for the purpose of reaching agreement between the European Community and Australia on trade in wine (the Agreement).
Concerning the relationship between the Agreement and Article 24(1) of the TRIPs Agreement
The Contracting Parties understand that the negotiation and operation of the Agreement fulfils in respect of wine each Contracting Party's respective obligation to the other Contracting Party in respect of Article 24(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement).
On the status of certain protected names
The Contracting Parties acknowledge that the provisions of the Agreement relating to traditional expressions, categories of wine, sales descriptions and quality wine terms do not in and of themselves constitute nor create intellectual property rights.
Concerning the protection of Geographical Indications
The Contracting Parties confirm their common understanding that the Agreement is without prejudice to each Contracting Party's rights and obligations pursuant to Article 24(3) of the TRIPs Agreement.
Australia confirms that it will continue to ensure that, once a Community geographical indication protected by Australia pursuant to this Agreement is entered on the Register of Protected Names, a trademark containing or consisting of that geographical indication identifying a wine as listed in Annex II cannot be used or entered on the Register of Trademarks in relation to wine unless that wine satisfies the requirements pertaining to use of the Community geographical indication.
Australia confirms that, subject to Article 19 of the Agreement, a geographical indication listed in Article 15 of the Agreement may be used in Australia to describe and present a wine originating in the Community during the transitional period set out in that Article if the wine satisfies the requirements pertaining to use of the geographical indication.
Concerning the relationship between certain Geographical Indications and Registered Trademarks
1.
As far as geographical indications protected in their respective territories after 26 January 1994 are concerned, and insofar as consumers are not misled as to the origin of the wine, the Contracting Parties agree to the following:
1.1.
The trademarks ‘Ilya’, ‘Lienert of Mecklenburg’, ‘Lindauer’, ‘Salena Estate’, ‘The Bissy’, ‘Karloff’ and ‘Montana’ registered in Australia can continue to be used in Australia.
1.2.
Notwithstanding Article 13(2) and (5) of the Agreement and the second paragraph of the Exchange of Letters ‘Concerning the protection of Geographical Indications’, attached to the Agreement, the trademarks ‘Stonehaven Limestone Coast’, ‘John Peel’, ‘William Peel’, ‘Old Peel’, ‘South Coast’ and ‘Domaine de Fleurieu’ registered in the Community and/or one or more of its Member States can continue to be used in the Community and/or in the territory of the Member State concerned.
1.3.
Nothing in the Agreement shall be deemed to prevent the trademark right holders from using these trademarks elsewhere where laws and regulations so permit.
2.1.
The Contracting Parties note that trademarks that do not contain or consist of a geographical indication as listed in the respective annexes to the Agreement are not affected by the provisions of Article 13(2) and (5) of the Agreement and can therefore continue to be used as far as the Agreement is concerned.
2.2.
The Contracting Parties agree on discussing this issue, if needed, in the framework of the EC/Australia Joint Committee, established by Article 30 of the Agreement.
3.1.
The Contracting Parties also note that the Community Geographical Indication ‘Vittorio’ is subject to a verification process in Australia in relation to the trademarks ‘Vittoria’ and ‘Santa Vittoria’. Once this process is completed, and subject to settling any issues that might arise from this process, the Contracting Parties will use best endeavours to update the list of Geographical Indications in Annex II expeditiously, through the EC/Australia Joint Committee.
Duration
The Contracting Parties agree that the present Exchange of Letters shall remain in force as long as the Agreement remains in force.
I have the honour to propose that this letter and your letter in reply confirming that the Government of Australia shares this understanding shall together constitute an Agreement between the European Community and the Government of Australia.
Yours sincerely,
For the European Community
B. Letter from Australia
Brussels, 1 December 2008
Sir,
I have the honour to acknowledge receipt of your letter of this date which reads as follows:
‘Concerning the relationship between the Agreement and Article 24(1) of the TRIPs Agreement
The Contracting Parties understand that the negotiation and operation of the Agreement fulfils in respect of wine each Contracting Party's respective obligation to the other Contracting Party in respect of Article 24(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement).
On the status of certain protected names
The Contracting Parties acknowledge that the provisions of the Agreement relating to traditional expressions, categories of wine, sales descriptions and quality wine terms do not in and of themselves constitute nor create intellectual property rights.
Concerning the protection of Geographical Indications
The Contracting Parties confirm their common understanding that the Agreement is without prejudice to each Contracting Party's rights and obligations pursuant to Article 24(3) of the TRIPs Agreement.
Australia confirms that it will continue to ensure that, once a Community geographical indication protected by Australia pursuant to this Agreement is entered on the Register of Protected Names, a trademark containing or consisting of that geographical indication identifying a wine as listed in Annex II cannot be used or entered on the Register of Trademarks in relation to wine unless that wine satisfies the requirements pertaining to use of the Community geographical indication.
Australia confirms that, subject to Article 19 of the Agreement, a geographical indication listed in Article 15 of the Agreement may be used in Australia to describe and present a wine originating in the Community during the transitional period set out in that Article if the wine satisfies the requirements pertaining to use of the geographical indication.
Concerning the relationship between certain Geographical Indications and Registered Trademarks
|
1. |
As far as geographical indications protected in their respective territories after 26 January 1994 are concerned, and insofar as consumers are not misled as to the origin of the wine, the Contracting Parties agree to the following: |
|
1.1. |
The trademarks “Ilya”, “Lienert of Mecklenburg”, “Lindauer”, “Salena Estate”, “The Bissy”, “Karloff” and “Montana” registered in Australia can continue to be used in Australia. |
|
1.2. |
Notwithstanding Article 13(2) and (5) of the Agreement and the second paragraph of the Exchange of Letters “Concerning the protection of Geographical Indications”, attached to the Agreement, the trademarks “Stonehaven Limestone Coast”, “John Peel”, “William Peel”, “Old Peel”, “South Coast” and “Domaine de Fleurieu” registered in the Community and/or one or more of its Member States can continue to be used in the Community and/or in the territory of the Member State concerned. |
|
1.3. |
Nothing in the Agreement shall be deemed to prevent the trademark right holders from using these trademarks elsewhere where laws and regulations so permit. |
|
2.1. |
The Contracting Parties note that trademarks that do not contain or consist of a geographical indication as listed in the respective annexes to the Agreement are not affected by the provisions of Article 13(2) and (5) of the Agreement and can therefore continue to be used as far as the Agreement is concerned. |
|
2.2. |
The Contracting Parties agree on discussing this issue, if needed, in the framework of the EC/Australia Joint Committee, established by Article 30 of the Agreement. |
|
3.1. |
The Contracting Parties also note that the Community Geographical Indication “Vittorio” is subject to a verification process in Australia in relation to the trademarks “Vittoria” and “Santa Vittoria”. Once this process is completed, and subject to settling any issues that might arise from this process, the Contracting Parties will use best endeavours to update the list of Geographical Indications in Annex II expeditiously, through the EC/Australia Joint Committee. |
Duration
The Contracting Parties agree that the present Exchange of Letters shall remain in force as long as the Agreement remains in force.’
I have the honour to confirm that the Government of Australia shares this understanding and that your letter and this reply shall together constitute an Agreement between the Government of Australia and the European Community.
Yours sincerely,
For Australia
