Please see the replies to the previous questions.
[Answer 1: Wines and spirits At Community level the recognition of a geographical indication for wines requires its recognition by the Producer Member State as well as registration and publication in the Official Journal of the European Communities (Article 1, paragraph 3 of Regulation No. 823/87; Article 72, paragraph 2 of Regulation (EEC) No. 822/87; and Article 2, paragraph 3, point (i) of Regulation (EEC) No. 2392/89). This system provides protection ex officio. In addition, Council Regulation (EEC) No. 823/87 lays down the conditions which must be respected by Member States for the recognition of quality wines produced in specified regions (quality wines PSR = produced in specified regions). The provisions of the Regulation concern, in particular, the following: demarcation of the area of production; vine varieties; minimum alcohol content; yield per hectare; analysis and assessment of organoleptic characteristics, etc. (Article 2). Member States adopt the specific provisions and recognize the geographical indications of the wines produced in their territory (Article 3.1). The Commission is responsible for the publication of all the geographical indications recognized by the Member States. Council Regulation (EC) No. 3290/94, Annex XVI, modifies Council Regulation (EEC) No. 822/87, which establishes a common market organization for wine, by adding Article 72a, which implements Article 23.1 of the TRIPS Agreement. For spirit drinks and aromatized wines, Article 5 of Council Regulation (EEC) No. 1576/89 and Article 6 of Council Regulation (EEC) No. 1601/91 respectively lay down the rules concerning the use of geographical indications in relation to spirit drinks or aromatized wines from the Community, the list of which is contained in annexes to these Regulations. Regulation (EC) No. 3378/94 has modified the provisions concerning spirits and aromatized wines. It modifies the above-mentioned Regulation No. 1601/91, which lays down rules for the definition, description and presentation of aromatized wines, by adding Article 10a, which implements Article 23.1 of the TRIPS Agreement. It also modifies the above-mentioned Regulation No. 1576/89 on the description and presentation of spirit drinks, by adding an Article 11a, implementing Article 23.1 of the TRIPS Agreement in respect of spirits. In the context of the implementation of the WTO Agreement, Council Regulation (EC) No. 3288/94 has amended Council Regulation (EC) No. 40/94, on the Community trademark. In particular, to Article 7(1) of Regulation No. 40/94, which lays down the absolute grounds for refusal of the registration of a trademark, a paragraph is added to the effect that geographical indications for wines and spirits shall be refused registration if the wines and spirits do not have that origin. Concerning wines, the general rule is contained in Article 40, paragraph 1, first indent of Council Regulation (EEC) No. 2392/89, which envisages that the description and presentation of wines and grape musts, and any form of advertising for such products, must not be incorrect or likely to cause confusion or to mislead the persons to whom they are addressed as regards, among other things, geographical indications. This provision shall apply even if the indication is used in translation, or with reference to the actual origin, or with additions such as "type", "style", "method", "imitation", "brand" or the like. Other geographical indications in relation to agricultural products and foodstuffs Council Regulation (EEC) No. 2081/92 sets out the procedure for the registration of geographical indications in the Community territory. The procedure contained in Articles 5, 6 and 7 is as follows: (1) A group of producers must submit a detailed application for registration to the competent authority of the Member State, in accordance with the conditions specified in the Regulation. (2) If the application is considered to be in conformity with the Regulation, it shall be referred to the Community authorities, who will verify that the conditions of the Regulation have been formally satisfied and will publish the application in the Official Journal to allow other parties the opportunity to raise objections. (3) If an objection is raised, the final decision on registration is taken by the Commission and the Member States. The Member States are responsible for controlling the application of the Regulation. When a name is registered in conformity with the definitions and the procedure established in the Regulation, it is protected ex officio (against the uses as referred to in Article 13). In addition, Council Directive No. 79/112/EEC of 18 December 1978 (on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer) provides in Article 2(a)(i) that the labelling and methods used must not be such as could mislead the purchaser, inter alia, as to origin or provenance of the foodstuff. This applies also to the presentation of foodstuffs and to advertising . Article 2 of Directive (EEC) No. 84/450 relating to the approximation of laws, regulations and administrative provisions of Member States concerning misleading advertising, provides for a definition of misleading advertising which may result in unfair competition by reason of its deceptive nature. Article 3 considers, in particular, any information it contains concerning geographical or commercial origin as relevant criterion in determining whether advertising is misleading. Article 4 deals with the legal means Member States shall provide for the control of misleading advertising in the interest of consumers as well as competitors and the general public.]
[Answer 2: No, at Community level there exist different regimes for the protection of geographical indications (see also the reply to question no. 1): Wines: Regulation (EEC) No. 823/87 and No. 2392/89 laying down special provisions relating to quality wines produced in specified regions; Spirits: Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks; Table wines: Regulation (EEC) No. 2392/89 establishing general rules for the designation and presentation of wines and grape musts; Regulation (EEC) No. 822/87 on the common organisation of the market in wine; Other agricultural products and foodstuffs: Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products. In addition, Article 2 of Directive No. 79/112 applies.]
[Answer 3: No, not at a Community level.]
[Answer 4: The following provisions have been introduced to ensure that the protection of geographical indications required by Article 22 and 23 of the TRIPS Agreement is correctly implemented (see also the reply to question no. 1): Wines : Article 72a of Regulation (EEC) No. 822/87;2 Spirits : Article 11a of Regulation (EEC) No. 1576/89;2 Aromatised wines : Article 10a of Regulation (EEC) No. 1601/91.2 As regards other agricultural products and foodstuffs, no modification was needed for Regulation (EEC) No. 2081/92.3 Directive No. 79/112 was likewise not modified.]