Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

European Union

The recognition and protection of geographical indications are effected through the registration procedure referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L. 208/1, 24 July 1992), a Community instrument binding in its entirety and directly applicable in the member States of the European Union. However, designations of origin are also protected under Articles 16-21 of the Law of 14 July 1991 on trade practices and consumer information and protection (Moniteur Belge (MB) of 29 August 1991, page 18712) against: (1) Use of a name presented as a designation of origin, when such name has not been recognized as a designation of origin; (2) the manufacture, offering for sale and sale under a designation of origin, of products which do not meet the requirements laid down in respect of recognition of the designation of origin; (3) the manufacture, offering for sale and sale under a designation of origin, of products not covered by a certificate of origin, when such certificate is required.

The above-mentioned Regulation No. 2081/92 establishes a system of protection for geographical indications and designations of origin of agricultural products intended for human consumption, excluding wine products and spirit drinks, for which specific protection is provided (Article 1(1)).

No.

Community law General legislation: - Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 208/1, 24 July 1992); - Commission Regulation (EEC) No. 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 185/5, 28 July 1993); - Commission Regulation (EC) No. 2400/96 of 17 December 1996 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 327/11, 18 December 1996); - Council Regulation (EC) No. 535/97 of 17 March 1997 amending Regulation (EEC) No. 2081/92 (EEC) on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 83/3, 25 March 1997); - Commission Regulation (EC) No. 1428/97 of 23 July 1997 amending Regulation (EEC) No. 2037/93 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 196/39, 24 July 1997); - Commission Regulation (EC) No. 1875/97 of 26 September 1997 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 265/26, 27 September 1997); - Commission Regulation (EC) No. 2396/97 of 2 December 1997 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 331/3, 3 December 1997); - Commission Regulation (EC) No. 195/98 of 26 January 1998 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 20/20, 27 January 1998); - Commission Regulation (EC) No. 1265/98 of 18 June 1998 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 175/7, 19 June 1998); - Council Regulation (EC) No. 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (OJ L 349/105, 31 December 1994); - Commission Regulation (EC) No. 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 148/1, 21 June 1996); - Commission Regulation (EC) No. 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No. 2081/92 (OJ L 163/19, 2 July 1996); - Commission Regulation (EC) No. 123/97 of 23 January 1997 supplementing the Annex to Commission Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No. 2081/92 (OJ L 22/19, 24 January 1997); - Commission Regulation (EC) No. 2325/97 of 24 November 1997 supplementing the Annex to Regulation (EC) No.1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 322/33, 25 November 1997); - Commission Regulation (EC) No. 134/98 of 20 January 1998 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 15/6, 21 January 1998); - Commission Regulation (EC) No. 644/98 of 20 March 1998 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 87/8, 21 March 1998, erratum OJ L 111/73, 9 March 1998). Legislation on wine products and spirit drinks: - Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common organization of the market in wine (OJ L 84/1, 27 March 1987); - Council Regulation (EC) No. 2087/97 of 20 October 1997 amending Regulation (EEC) No. 822/87 on the common organization of the market in wine (OJ L 292/1, 25 October 1997); - Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions (OJ L 84/59, 27 March 1987); - Council Regulation (EEC) No. 4252/88 of 21 December 1988 on the preparation and marketing of liqueur wines produced in the Community (OJ L 373/59, 31 December 1988); - Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160/1, 12 June 1989); - Council Regulation (EEC) No. 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (OJ L 232, 9 August 1989); - Regulation (EC) No. 3378/94 of the European Parliament and of the Council of 22 December 1994 amending Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks and Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of the multilateral trade negotiations (OJ L 366/1, 31 December 1994); - Council Regulation (EEC) 1601/91 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 149/1, 14 June 1991). National law - Articles 16 to 21 of the Law of 14 July 1991 on trade practices and consumer information and protection (MB of 29 August 1991, page 18712); - Law of 21 February 1986 setting penalties for offences against the regulations of the European Economic Community relating to the wine market (MB of 19 March 1986, page 3639).

Recognition of geographical indications is provided through the laws and regulations listed above.

Three names are listed in the Annex to Regulation No. 1107/96: "Jambon d'Ardenne" (PGI), "Fromage de Herve" (PDO) and "Beurre d'Ardenne" (PDO). The national regulations relating to these names are the following: - Royal Decree of 4 February 1974 recognizing the designation of origin "Jambon d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation; - Royal Decree of 14 July 1987 amending the Royal Decree of 4 February 1974 recognizing the designation of origin "Jambon d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 1 August 1987, page 11637); - Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 2 February 1985, page 1176); - Royal Decree of 6 May 1985 amending the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 1 June 1985, page 8323); - Ministerial Decree of 23 January 1985 determining the model certificates of origin prescribed by the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 2 February 1985, page 1179); - Ministerial Decree of 20 June 1985 approving a model certificate of origin for implementation of the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 5 September 1985, page 12727). Moreover, with regard to juniper-flavoured spirit drinks, a protected name is used pursuant to the above-mentioned Regulation No. 1576/89: "Hasseltse jenever". Compliance with the manufacturing requirements for products with these designations is monitored by private bodies and/or the economic inspection authority of the Ministry of Economic Affairs.

Yes, the higher level of protection is provided for all products covered by the above-mentioned Regulation No. 2081/92.

[Answer 1: The recognition and protection of geographical indications are effected through the registration procedure referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L. 208/1, 24 July 1992), a Community instrument binding in its entirety and directly applicable in the member States of the European Union. However, designations of origin are also protected under Articles 16-21 of the Law of 14 July 1991 on trade practices and consumer information and protection (Moniteur Belge (MB) of 29 August 1991, page 18712) against: (1) Use of a name presented as a designation of origin, when such name has not been recognized as a designation of origin; (2) the manufacture, offering for sale and sale under a designation of origin, of products which do not meet the requirements laid down in respect of recognition of the designation of origin; (3) the manufacture, offering for sale and sale under a designation of origin, of products not covered by a certificate of origin, when such certificate is required.]

[Answer 2: The above-mentioned Regulation No. 2081/92 establishes a system of protection for geographical indications and designations of origin of agricultural products intended for human consumption, excluding wine products and spirit drinks, for which specific protection is provided (Article 1(1)).]

[Answer 4: Community law General legislation: - Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 208/1, 24 July 1992); - Commission Regulation (EEC) No. 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 185/5, 28 July 1993); - Commission Regulation (EC) No. 2400/96 of 17 December 1996 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 327/11, 18 December 1996); - Council Regulation (EC) No. 535/97 of 17 March 1997 amending Regulation (EEC) No. 2081/92 (EEC) on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 83/3, 25 March 1997); - Commission Regulation (EC) No. 1428/97 of 23 July 1997 amending Regulation (EEC) No. 2037/93 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 196/39, 24 July 1997); - Commission Regulation (EC) No. 1875/97 of 26 September 1997 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 265/26, 27 September 1997); - Commission Regulation (EC) No. 2396/97 of 2 December 1997 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 331/3, 3 December 1997); - Commission Regulation (EC) No. 195/98 of 26 January 1998 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 20/20, 27 January 1998); - Commission Regulation (EC) No. 1265/98 of 18 June 1998 supplementing the Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 175/7, 19 June 1998); - Council Regulation (EC) No. 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (OJ L 349/105, 31 December 1994); - Commission Regulation (EC) No. 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 148/1, 21 June 1996); - Commission Regulation (EC) No. 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No. 2081/92 (OJ L 163/19, 2 July 1996); - Commission Regulation (EC) No. 123/97 of 23 January 1997 supplementing the Annex to Commission Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No. 2081/92 (OJ L 22/19, 24 January 1997); - Commission Regulation (EC) No. 2325/97 of 24 November 1997 supplementing the Annex to Regulation (EC) No.1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 322/33, 25 November 1997); - Commission Regulation (EC) No. 134/98 of 20 January 1998 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 15/6, 21 January 1998); - Commission Regulation (EC) No. 644/98 of 20 March 1998 supplementing the Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 87/8, 21 March 1998, erratum OJ L 111/73, 9 March 1998). Legislation on wine products and spirit drinks: - Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common organization of the market in wine (OJ L 84/1, 27 March 1987); - Council Regulation (EC) No. 2087/97 of 20 October 1997 amending Regulation (EEC) No. 822/87 on the common organization of the market in wine (OJ L 292/1, 25 October 1997); - Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions (OJ L 84/59, 27 March 1987); - Council Regulation (EEC) No. 4252/88 of 21 December 1988 on the preparation and marketing of liqueur wines produced in the Community (OJ L 373/59, 31 December 1988); - Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160/1, 12 June 1989); - Council Regulation (EEC) No. 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (OJ L 232, 9 August 1989); - Regulation (EC) No. 3378/94 of the European Parliament and of the Council of 22 December 1994 amending Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks and Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of the multilateral trade negotiations (OJ L 366/1, 31 December 1994); - Council Regulation (EEC) 1601/91 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 149/1, 14 June 1991). National law - Articles 16 to 21 of the Law of 14 July 1991 on trade practices and consumer information and protection (MB of 29 August 1991, page 18712); - Law of 21 February 1986 setting penalties for offences against the regulations of the European Economic Community relating to the wine market (MB of 19 March 1986, page 3639).]

Designations of origin and geographical indications are defined in Articles 2(2)(a) and 2(2)(b), respectively, of Regulation No. 2081/92: PDO: "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - originating in that region, specific place or country; and - the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area." PGI: "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - originating in that region, specific place or country; and - which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area." With regard to unfair competition, Article 16 of the Law of 14 July 1991 on trade practices and consumer information and protection gives the following definition of designation of origin: "the geographical name of a country, a region or a locality, serving to designate a product originating therein, the quality or characteristics of which are exclusively or essentially due to a particular geographical environment with its inherent natural and human factors."

No. Indirect indications of source are not protected by Community legislation on protected geographical names. However, Article 2(4) of Regulation No. 2081/92 stipulates that "certain geographical designations shall be treated as designations of origin where the raw materials of the products concerned come from a geographical area larger than or different from the processing area, provided that: - the production area of the raw materials is limited; and - special conditions for the production of the raw materials exist; and - there are inspection arrangements to ensure that those conditions are adhered to." The designations in question may be or have already been recognized as designations of origin with national protection by the member State concerned, or, if no such scheme exists, have a proven, traditional character and an exceptional reputation and renown (Article 2(6)).

The following four criteria have been adopted under Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).

Yes. The geographical environment referred to involves human factors as well as natural factors.

The production, processing and preparation of products with a protected geographical name are governed by methods which contribute to establishing the quality, typicality and reputation of the products concerned, or which are only used in a defined geographical area. Where appropriate, it may be compulsory to apply these methods in order to obtain the protection granted to a PGI or a PDO. However, the protection of a geographical indication or designation of origin registered in accordance with the prevailing rules on the subject automatically extends to the techniques and processes used for the production of the products in question. Moreover, Article 14(3) of Regulation No. 2081/92 specifies that "A designation of origin or geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product."

Pursuant to Article 4(1) of the above-mentioned Regulation No. 2081/92, an agricultural product or foodstuff must comply with a specification in order to be eligible to use a protected designation of origin or a protected geographical indication. The elements of the specification are listed non-exhaustively in Article 4(2). The application for registration, which includes the product specification, is submitted either by a group of producers and/or processors working with the same agricultural product or foodstuff, or by a natural or legal person (Article 5(3)). It is sent to the member State of the European Union in which the geographical area is located (Article 5(4)). The member State checks that the application is justified and forwards the application, including the product specification, to the Commission, if it considers that it satisfies the requirements of Regulation No. 2081/92 (Article 5(5), first subparagraph). While the Federal Government has sole jurisdiction in Belgium in respect of industrial and intellectual property and competition law, under Article 6.1.VI of the special law on institutional reform of 8 August 1980, the regions (Wallonia, Flanders and Brussels) lay down the rules governing the award of quality marks and designations of origin, on a regional or local basis.

See Article 29(1) and (3) of Regulation No. 2392/89, referred to above.

[Answer 1: The recognition and protection of geographical indications are effected through the registration procedure referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L. 208/1, 24 July 1992), a Community instrument binding in its entirety and directly applicable in the member States of the European Union. However, designations of origin are also protected under Articles 16-21 of the Law of 14 July 1991 on trade practices and consumer information and protection (Moniteur Belge (MB) of 29 August 1991, page 18712) against: (1) Use of a name presented as a designation of origin, when such name has not been recognized as a designation of origin; (2) the manufacture, offering for sale and sale under a designation of origin, of products which do not meet the requirements laid down in respect of recognition of the designation of origin; (3) the manufacture, offering for sale and sale under a designation of origin, of products not covered by a certificate of origin, when such certificate is required.]

[Answer 2: The above-mentioned Regulation No. 2081/92 establishes a system of protection for geographical indications and designations of origin of agricultural products intended for human consumption, excluding wine products and spirit drinks, for which specific protection is provided (Article 1(1)).]

[Answer 6: Three names are listed in the Annex to Regulation No. 1107/96: "Jambon d'Ardenne" (PGI), "Fromage de Herve" (PDO) and "Beurre d'Ardenne" (PDO). The national regulations relating to these names are the following: - Royal Decree of 4 February 1974 recognizing the designation of origin "Jambon d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation; - Royal Decree of 14 July 1987 amending the Royal Decree of 4 February 1974 recognizing the designation of origin "Jambon d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 1 August 1987, page 11637); - Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 2 February 1985, page 1176); - Royal Decree of 6 May 1985 amending the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 1 June 1985, page 8323); - Ministerial Decree of 23 January 1985 determining the model certificates of origin prescribed by the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 2 February 1985, page 1179); - Ministerial Decree of 20 June 1985 approving a model certificate of origin for implementation of the Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre d'Ardenne" and laying down the conditions to be met by this product in order to be manufactured, offered for sale or sold under this designation (MB of 5 September 1985, page 12727). Moreover, with regard to juniper-flavoured spirit drinks, a protected name is used pursuant to the above-mentioned Regulation No. 1576/89: "Hasseltse jenever". Compliance with the manufacturing requirements for products with these designations is monitored by private bodies and/or the economic inspection authority of the Ministry of Economic Affairs.]

[Answer 8:  Designations of origin and geographical indications are defined in Articles 2(2)(a) and 2(2)(b), respectively, of Regulation No. 2081/92: PDO: "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - originating in that region, specific place or country; and - the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area." PGI: "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - originating in that region, specific place or country; and - which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area." With regard to unfair competition, Article 16 of the Law of 14 July 1991 on trade practices and consumer information and protection gives the following definition of designation of origin: "the geographical name of a country, a region or a locality, serving to designate a product originating therein, the quality or characteristics of which are exclusively or essentially due to a particular geographical environment with its inherent natural and human factors."]

Yes. Broadly speaking, Article 12 of Regulation No. 2081/92 provides that the Regulation may apply to an agricultural product or foodstuff from a third country provided that certain conditions are met.

The above-mentioned Regulation No. 2081/92 provides that names registered in accordance with the regime introduced by the Regulation may be protected by national measures taken by member States of the European Union, under certain conditions, for a period of five years from the date of publication of the Regulation (24 July 1992). Beyond that date, or in the absence of specific national measures, the directly applicable Community law shall prevail. All geographical names registered pursuant to the Regulation are protected in the country of origin. With regard to wine products, see Article 29(1) of Regulation No. 2392/89, cited above.

Wines The recognition must be made by a governmental organisation. The right of using a geographical indication is reserved for the professionals who are established in the area and who respect the conditions of production already established and recognised. Other products Pursuant to Article 5 of Regulation (EEC) No. 2081/92, only a group of producers and/or processors working with the product shall be entitled to apply for registration.

Wines Each Member State appoints the competent authority to protect geographical indications (Article 16 of Regulation (EEC) No. 823/87). Other products After the entry into force of Regulation (EEC) No. 2081/92, recognition of geographical indications or designations of origin can be obtained only through a Community procedure.

Wines and spirits It lies in the competence of Member States which must respect Community law for wines (Regulation (EEC) No. 823/87) and spirits (Regulation (EEC) 1576/89). Other products Registration pursuant to Regulation (EEC) No. 2081/92 is only granted upon request. In accordance with Article 5, a group or a natural or legal person (producers and/or processors working with the product) shall be entitled to apply for registration.

Wines and spirits This lies in the competence of Member States. At Community level there are no fees involved in the application and maintenance of rights in a geographical indication. Other products There are no fees provided for in Regulation (EEC) No. 2081/92.

Wines No. Please see the reply to question no. 10 above. Other products Please see the answer to question No. 10 above.

[Answer 10: The following four criteria have been adopted under Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).]

Please see the answer to question no. 10 above.

[Answer 10: The following four criteria have been adopted under Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).]

Wines It is the competence of Member States. However, the applicants must supply all necessary information with respect to the criteria listed in the answer to question no. 10 above. Other products Please see the answer to question no. 10 above.

[Answer 10: The following four criteria have been adopted under Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).]

Wines This is the competence of Member States. Other products Please see the answer to question no. 10 above.

[Answer 10: The following four criteria have been adopted under Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).]

Wines It is the competence of Member States. As a general rule the following motives for opposition are put forward: - the criteria enumerated in the reply to question no. 10 above are not fulfilled, - legitimate interests of someone are damaged. Other products After verification of the file concerning the name notified for registration, the Commission publishes in the Official Journal of the European Communities the principal elements of the application. This first publication gives a right of objection. A statement of objection shall be admissible only if it concerns established criteria.

Wines and spirits It is the competence of Member States, but, generally, any legal or natural person who considers his/her legitimate interests are damaged can oppose the recognition of a geographical indication. Other products Member States or any legitimately concerned natural or legal person.

The following answer is based on the understanding that the question refers to the possibility of "recognition" of a geographical indication or appellation of origin of a third country in the sense of "participation in existing domestic regimes providing for positive recognition (positive lists)". It does not refer to "protection" within the meaning of the TRIPS Agreement. With respect to the latter, please see the replies to questions nos. 4 and 15 above. Wines and spirits Inclusion in a positive list is possible by agreement. Other products The recognition of geographical indications or designations of origin of foreign countries pursuant to Regulation (EEC) No. 2081/92 can be obtained in accordance with Article 12: - by agreement - by the procedure established in the Regulation as regards application for recognition. The same conditions as for EC products apply.

The recognition is unlimited.

There is no need for renewing or reaffirming the recognition of a geographical indication. Once recognised the protection is unlimited. With respect to the "fees", see the answer to question no. 20 above.

[Answer 20: Wines and spirits This lies in the competence of Member States. At Community level there are no fees involved in the application and maintenance of rights in a geographical indication. Other products There are no fees provided for in Regulation (EEC) No. 2081/92.]

This condition is not explicitly contained in EC legislation, but the European Commission considers that a geographical indication must be used. Use would be determined on a case-by-case basis if the question arose.

No. There is no specified limit for non-use.

This is the competence of Member States via their control authorities which are appointed by them.

This is the competence of Member States via their control authorities.

Wines This is the competence of Member States. Other products Member States have to apply protection ex officio by judicial and administrative bodies (Article 13 of Regulation (EEC) No. 2081/92).

Wines This lies in the competence of Member States. Other products Article 13 of Regulation (EEC) No. 2081/92 lists the situations in which registered names are protected. As this Regulation has direct effect in the territory of the Member States, the competent authorities of Member States must guarantee the protection granted by this provision as follows: - by national authorities, ex officio (Article 13 of Regulation (EEC) No. 2081/92), - by the initiative of a natural or legal person (Article 13 of Regulation (EEC) No. 2081/92), - by the initiative of a Member State (Article 11 of Regulation (EEC) No. 2081/92).

Wines and spirits This lies in the competence of Member States. Everybody who meets the established criteria has the right to use the geographical indication. Other products Everybody established in the geographical area and who meets conditions of the specification has the right to use the registered name.

Wines Please see the reply to question no. 32 above. Other products Anybody established in the geographical area and who meets the conditions of the specifications has the right to use the registered name. In other words, a prior authorization is not needed.

[Answer 32: This is the competence of Member States via their control authorities which are appointed by them.]

This is the competence of Member States. Please see also the reply to question no. 20 above.

[Answer 20: Wines and spirits This lies in the competence of Member States. At Community level there are no fees involved in the application and maintenance of rights in a geographical indication. Other products There are no fees provided for in Regulation (EEC) No. 2081/92.]

Wines This lies in the competence of Member States. Other products Member States’ judicial or administrative bodies have to apply Article 13 of Regulation (EEC) No. 2081/92.

Please see the reply to question no. 30 above.

[Answer 30: This condition is not explicitly contained in EC legislation, but the European Commission considers that a geographical indication must be used. Use would be determined on a case-by-case basis if the question arose.]

It would be resolved by the usual administrative or judicial means of resolution of a dispute concerning the application of the relevant EC legislation.

Wines and spirits This is the competence of Member States. Other products Regulation (EEC) No. 2081/92 does not provide for rules in this respect. However, it is interpreted that licences are allowed (within imposed conditions) in favour of producers who are not established in the area in question for stages other than production or transformation.

In the European Union no "grandfathered use" of a geographical indication exists. (For example, Article 5, paragraph 3b of Regulation (EEC) No. 1576/89 establishes that geographical designations are reserved to spirit drinks which acquired their character and qualities in the geographical area indicated.)

The relationship between marks and geographical indications is established at Community level in the following instruments: - Council Directive (EEC) No. 104/89 harmonising Member States’ legislation concerning trademarks excludes the registration of a trademark that is made up exclusively of a geographical indication (Article 3c) or that can, by nature, mislead the public, e.g., on the geographical origin of the product (Article 3g), - Regulation (EC) No. 3288/94 amending Regulation (EC) No. 40/94 on the Community trademark provides in Article 7 that the Harmonization Office in Alicante shall refuse to register an application for the registration of a Community trade mark: (1) which consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods, or (2) for wines, which contains or consists of a geographical indication identifying wines or for spirits which contains or consists of a geographical identifying spirits with respect to such wines or spirits not having that origin. Third parties may initiate an invalidity procedure against a registered Community trademark before the Harmonization Office on the same grounds, pursuant to Article 51 of the said Regulation. - Regulation (EEC) No 2392/89 establishing general rules concerning the designation and presentation of wines defines more precisely in Article 40, paragraph 2 the corresponding situations from a trademark angle. Furthermore, there are special provisions for well-known registered brand names. - Article 13 of Regulation (EEC) No. 2333/92 establishing general rules concerning the designation and presentation of sparkling wines. There are also special provisions for well-known registered brand names. - Article 14 of Regulation (EEC) No 2081/92 concerning the protection of geographical indications and designations of origin for agricultural products and foodstuffs. This provision establishes the following: (1) a geographical indication is not registered where, in the light of a trademark’s reputation, renown and length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; (2) when a geographical indication has been registered, a trademark attempting to evoke or to usurp the geographical indication shall be refused; (3) the use of a trademark evoking a geographical indication and registered before this geographical indication may continue if the trademark was registered in good faith and if the appropriate provisions of Directive (EEC) No. 89/104 have been complied with.

Please see the reply to question no. 44 above.

[Answer 44: The relationship between marks and geographical indications is established at Community level in the following instruments: - Council Directive (EEC) No. 104/89 harmonising Member States’ legislation concerning trademarks excludes the registration of a trademark that is made up exclusively of a geographical indication (Article 3c) or that can, by nature, mislead the public, e.g., on the geographical origin of the product (Article 3g), - Regulation (EC) No. 3288/94 amending Regulation (EC) No. 40/94 on the Community trademark provides in Article 7 that the Harmonization Office in Alicante shall refuse to register an application for the registration of a Community trade mark: (1) which consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods, or (2) for wines, which contains or consists of a geographical indication identifying wines or for spirits which contains or consists of a geographical identifying spirits with respect to such wines or spirits not having that origin. Third parties may initiate an invalidity procedure against a registered Community trademark before the Harmonization Office on the same grounds, pursuant to Article 51 of the said Regulation. - Regulation (EEC) No 2392/89 establishing general rules concerning the designation and presentation of wines defines more precisely in Article 40, paragraph 2 the corresponding situations from a trademark angle. Furthermore, there are special provisions for well-known registered brand names. - Article 13 of Regulation (EEC) No. 2333/92 establishing general rules concerning the designation and presentation of sparkling wines. There are also special provisions for well-known registered brand names. - Article 14 of Regulation (EEC) No 2081/92 concerning the protection of geographical indications and designations of origin for agricultural products and foodstuffs. This provision establishes the following: (1) a geographical indication is not registered where, in the light of a trademark’s reputation, renown and length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; (2) when a geographical indication has been registered, a trademark attempting to evoke or to usurp the geographical indication shall be refused; (3) the use of a trademark evoking a geographical indication and registered before this geographical indication may continue if the trademark was registered in good faith and if the appropriate provisions of Directive (EEC) No. 89/104 have been complied with.]

Please see the reply to question no. 44 above.

[Answer 44: The relationship between marks and geographical indications is established at Community level in the following instruments: - Council Directive (EEC) No. 104/89 harmonising Member States’ legislation concerning trademarks excludes the registration of a trademark that is made up exclusively of a geographical indication (Article 3c) or that can, by nature, mislead the public, e.g., on the geographical origin of the product (Article 3g), - Regulation (EC) No. 3288/94 amending Regulation (EC) No. 40/94 on the Community trademark provides in Article 7 that the Harmonization Office in Alicante shall refuse to register an application for the registration of a Community trade mark: (1) which consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods, or (2) for wines, which contains or consists of a geographical indication identifying wines or for spirits which contains or consists of a geographical identifying spirits with respect to such wines or spirits not having that origin. Third parties may initiate an invalidity procedure against a registered Community trademark before the Harmonization Office on the same grounds, pursuant to Article 51 of the said Regulation. - Regulation (EEC) No 2392/89 establishing general rules concerning the designation and presentation of wines defines more precisely in Article 40, paragraph 2 the corresponding situations from a trademark angle. Furthermore, there are special provisions for well-known registered brand names. - Article 13 of Regulation (EEC) No. 2333/92 establishing general rules concerning the designation and presentation of sparkling wines. There are also special provisions for well-known registered brand names. - Article 14 of Regulation (EEC) No 2081/92 concerning the protection of geographical indications and designations of origin for agricultural products and foodstuffs. This provision establishes the following: (1) a geographical indication is not registered where, in the light of a trademark’s reputation, renown and length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; (2) when a geographical indication has been registered, a trademark attempting to evoke or to usurp the geographical indication shall be refused; (3) the use of a trademark evoking a geographical indication and registered before this geographical indication may continue if the trademark was registered in good faith and if the appropriate provisions of Directive (EEC) No. 89/104 have been complied with.]

Member States have to apply relevant EC legislation through judicial and administrative bodies and procedures. Article 72a of Council Regulation (EEC) No. 822/87 envisages that Member States shall take all necessary measures to enable interested parties to prevent, on the terms stipulated in Articles 23 and 24 of the TRIPS Agreement, the use in the Community of a geographical indication attached to the products referred to in Article 1, paragraph 2(b) of the Regulation for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like. It is, therefore, Member States who are responsible for providing the legal means for interested parties to prevent the use of a geographical indication for a wine or spirit not originating in the place indicated, in accordance with Article 23.1 of the TRIPS Agreement. Interested parties must seek redress from the national authorities of the EC Member States. Member States' laws lay down the procedures to be followed, the competent authorities involved, the instances of appeal and sanctions or penalties applied by the authorities. Member States' courts may request the European Court of Justice for preliminary rulings on the interpretation of Council Regulation (EEC) No. 822/87 under Article 177 of the Treaty Establishing the European Community. Further, on the measures adopted by EC Member States under Article 23 of the TRIPS Agreement and under Article 72a of Council Regulation (EEC) No. 822/87, Article 11a of Council Regulation (EEC) No. 1576/89 and Article 10a of Council Regulation (EEC) No. 1601/91, as a preliminary remark, one should underline that, pursuant to Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, controls on the description and presentation of wine products are subject to common principles and assistance proceedings between a Member State's competent authority and the Commission. Under this Regulation, the control authority designated in one Member State may take protective measures regarding the description, presentation and marketing of a wine sector product. It may request assistance from the Commission or from the competent authority of another Member State. The Commission shall be notified whenever the product which is the subject of the control activities originates in a third country and if the marketing of this product may be of specific interest to other Member States. (a) According to Member States' legislation, interested parties are those damaged or likely to be damaged by the misuse of a geographical indication, i.e. producers entitled to use the geographical indication or their representatives. Before an administrative body or an Ombudsman, "any person" (consumer, importer, retailer, producer, exporter) may file a complaint. However, it is unlikely that national governments from WTO Members may file complaints in a Member State: only Italy provides for such a possibility. National governments from WTO Members are of course free to complain to the European Commission or Member States' governments. (b) In all Member States, redress can be sought through civil proceedings. Therefore, the plaintiff may have to prove direct interest in the claim. Where misuses of geographical indications are subject to criminal penalties, as in Belgium, Germany, France, Italy, Portugal and Spain, an interested party may file a complaint to the police or the public prosecutor, who may then decide to launch a criminal investigation. In Austria, Belgium, Denmark, France, Portugal and the United Kingdom, an interested party may also file a complaint to an administrative authority in the Ministry of Agriculture, Ministry of Economy or local Council according to each Member State's legislation. Finland and Sweden provide for a market jurisdiction where the first instance is the Ombudsman and the appellate body is the Market Court. WTO Member governments may make representations to the European Commission or Member States' governments. (c) The way the entity conducts an investigation depends on where the claim is brought. Before a civil court, the judge relies upon evidence presented by the parties. In cases of criminal investigation, it is conducted "ex officio" by the police or other administrative authority vested with investigative powers by the public prosecutor. When the complaint is made to an administrative authority or to an Ombudsman, the investigator is the authority where the claim is filed. In both situations, the investigator has the power to issue an order to stop the infringement. If the order is not followed, the administrative authority may decide to bring the case before the public prosecutor while the Ombudsman may bring the case to the Market Court in Finland or to the Stockholm City Court in Sweden. The Commission services conduct their investigation upon elements brought by the government of the WTO Member. (d) The final decision is taken according to the procedure. In civil and criminal cases, any decision taken by a court of first instance may be appealed, subject to restrictions concerning the amount of damages in Germany. In administrative enforcement, any action from the administrative authority may be appealed to the Minister and to administrative courts. In Finland, a decision of the Market Court may be appealed only by the defendant. After investigation, the Commission may raise the matter with the Member State where the infringement has taken place. If the Commission considers that a Member State has failed to fulfil an obligation under the European Union Treaty, the Commission shall deliver a reasoned opinion on the matter. The latter may bring the matter before the European Court of Justice, if the Member State concerned does not comply with the opinion within the period laid down by the Commission (Article 169 of the EU Treaty). (e) The administrative authority and the Ombudsman have the power to issue an order to stop the infringement and/or to give adequate information to the consumer. Their decisions are enforceable through public prosecution and court decisions which may provide for penalties in case of non compliance with the order. Any civil court decision may order the defendant to stop the infringement and to pay damages. In criminal cases, the decision of the court is enforced "ex officio" and may consist of jail penalties, at least in Spain and Germany. Where the European Court of Justice finds that a Member State has failed to implement its obligations under the Treaty and if the European Commission considers that the Member State does not take the necessary measures to comply with the judgement of the Court of Justice, the European Commission shall again bring the matter to the Court of Justice, which may order pecuniary sanctions and periodic penalty payments.

Please see the reply to question no. 47 above.

[Answer 47: Member States have to apply relevant EC legislation through judicial and administrative bodies and procedures. Article 72a of Council Regulation (EEC) No. 822/87 envisages that Member States shall take all necessary measures to enable interested parties to prevent, on the terms stipulated in Articles 23 and 24 of the TRIPS Agreement, the use in the Community of a geographical indication attached to the products referred to in Article 1, paragraph 2(b) of the Regulation for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like. It is, therefore, Member States who are responsible for providing the legal means for interested parties to prevent the use of a geographical indication for a wine or spirit not originating in the place indicated, in accordance with Article 23.1 of the TRIPS Agreement. Interested parties must seek redress from the national authorities of the EC Member States. Member States' laws lay down the procedures to be followed, the competent authorities involved, the instances of appeal and sanctions or penalties applied by the authorities. Member States' courts may request the European Court of Justice for preliminary rulings on the interpretation of Council Regulation (EEC) No. 822/87 under Article 177 of the Treaty Establishing the European Community. Further, on the measures adopted by EC Member States under Article 23 of the TRIPS Agreement and under Article 72a of Council Regulation (EEC) No. 822/87, Article 11a of Council Regulation (EEC) No. 1576/89 and Article 10a of Council Regulation (EEC) No. 1601/91, as a preliminary remark, one should underline that, pursuant to Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, controls on the description and presentation of wine products are subject to common principles and assistance proceedings between a Member State's competent authority and the Commission. Under this Regulation, the control authority designated in one Member State may take protective measures regarding the description, presentation and marketing of a wine sector product. It may request assistance from the Commission or from the competent authority of another Member State. The Commission shall be notified whenever the product which is the subject of the control activities originates in a third country and if the marketing of this product may be of specific interest to other Member States. (a) According to Member States' legislation, interested parties are those damaged or likely to be damaged by the misuse of a geographical indication, i.e. producers entitled to use the geographical indication or their representatives. Before an administrative body or an Ombudsman, "any person" (consumer, importer, retailer, producer, exporter) may file a complaint. However, it is unlikely that national governments from WTO Members may file complaints in a Member State: only Italy provides for such a possibility. National governments from WTO Members are of course free to complain to the European Commission or Member States' governments. (b) In all Member States, redress can be sought through civil proceedings. Therefore, the plaintiff may have to prove direct interest in the claim. Where misuses of geographical indications are subject to criminal penalties, as in Belgium, Germany, France, Italy, Portugal and Spain, an interested party may file a complaint to the police or the public prosecutor, who may then decide to launch a criminal investigation. In Austria, Belgium, Denmark, France, Portugal and the United Kingdom, an interested party may also file a complaint to an administrative authority in the Ministry of Agriculture, Ministry of Economy or local Council according to each Member State's legislation. Finland and Sweden provide for a market jurisdiction where the first instance is the Ombudsman and the appellate body is the Market Court. WTO Member governments may make representations to the European Commission or Member States' governments. (c) The way the entity conducts an investigation depends on where the claim is brought. Before a civil court, the judge relies upon evidence presented by the parties. In cases of criminal investigation, it is conducted "ex officio" by the police or other administrative authority vested with investigative powers by the public prosecutor. When the complaint is made to an administrative authority or to an Ombudsman, the investigator is the authority where the claim is filed. In both situations, the investigator has the power to issue an order to stop the infringement. If the order is not followed, the administrative authority may decide to bring the case before the public prosecutor while the Ombudsman may bring the case to the Market Court in Finland or to the Stockholm City Court in Sweden. The Commission services conduct their investigation upon elements brought by the government of the WTO Member. (d) The final decision is taken according to the procedure. In civil and criminal cases, any decision taken by a court of first instance may be appealed, subject to restrictions concerning the amount of damages in Germany. In administrative enforcement, any action from the administrative authority may be appealed to the Minister and to administrative courts. In Finland, a decision of the Market Court may be appealed only by the defendant. After investigation, the Commission may raise the matter with the Member State where the infringement has taken place. If the Commission considers that a Member State has failed to fulfil an obligation under the European Union Treaty, the Commission shall deliver a reasoned opinion on the matter. The latter may bring the matter before the European Court of Justice, if the Member State concerned does not comply with the opinion within the period laid down by the Commission (Article 169 of the EU Treaty). (e) The administrative authority and the Ombudsman have the power to issue an order to stop the infringement and/or to give adequate information to the consumer. Their decisions are enforceable through public prosecution and court decisions which may provide for penalties in case of non compliance with the order. Any civil court decision may order the defendant to stop the infringement and to pay damages. In criminal cases, the decision of the court is enforced "ex officio" and may consist of jail penalties, at least in Spain and Germany. Where the European Court of Justice finds that a Member State has failed to implement its obligations under the Treaty and if the European Commission considers that the Member State does not take the necessary measures to comply with the judgement of the Court of Justice, the European Commission shall again bring the matter to the Court of Justice, which may order pecuniary sanctions and periodic penalty payments.]

Please see the reply to question no. 47 above.

[Answer 47: Member States have to apply relevant EC legislation through judicial and administrative bodies and procedures. Article 72a of Council Regulation (EEC) No. 822/87 envisages that Member States shall take all necessary measures to enable interested parties to prevent, on the terms stipulated in Articles 23 and 24 of the TRIPS Agreement, the use in the Community of a geographical indication attached to the products referred to in Article 1, paragraph 2(b) of the Regulation for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like. It is, therefore, Member States who are responsible for providing the legal means for interested parties to prevent the use of a geographical indication for a wine or spirit not originating in the place indicated, in accordance with Article 23.1 of the TRIPS Agreement. Interested parties must seek redress from the national authorities of the EC Member States. Member States' laws lay down the procedures to be followed, the competent authorities involved, the instances of appeal and sanctions or penalties applied by the authorities. Member States' courts may request the European Court of Justice for preliminary rulings on the interpretation of Council Regulation (EEC) No. 822/87 under Article 177 of the Treaty Establishing the European Community. Further, on the measures adopted by EC Member States under Article 23 of the TRIPS Agreement and under Article 72a of Council Regulation (EEC) No. 822/87, Article 11a of Council Regulation (EEC) No. 1576/89 and Article 10a of Council Regulation (EEC) No. 1601/91, as a preliminary remark, one should underline that, pursuant to Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, controls on the description and presentation of wine products are subject to common principles and assistance proceedings between a Member State's competent authority and the Commission. Under this Regulation, the control authority designated in one Member State may take protective measures regarding the description, presentation and marketing of a wine sector product. It may request assistance from the Commission or from the competent authority of another Member State. The Commission shall be notified whenever the product which is the subject of the control activities originates in a third country and if the marketing of this product may be of specific interest to other Member States. (a) According to Member States' legislation, interested parties are those damaged or likely to be damaged by the misuse of a geographical indication, i.e. producers entitled to use the geographical indication or their representatives. Before an administrative body or an Ombudsman, "any person" (consumer, importer, retailer, producer, exporter) may file a complaint. However, it is unlikely that national governments from WTO Members may file complaints in a Member State: only Italy provides for such a possibility. National governments from WTO Members are of course free to complain to the European Commission or Member States' governments. (b) In all Member States, redress can be sought through civil proceedings. Therefore, the plaintiff may have to prove direct interest in the claim. Where misuses of geographical indications are subject to criminal penalties, as in Belgium, Germany, France, Italy, Portugal and Spain, an interested party may file a complaint to the police or the public prosecutor, who may then decide to launch a criminal investigation. In Austria, Belgium, Denmark, France, Portugal and the United Kingdom, an interested party may also file a complaint to an administrative authority in the Ministry of Agriculture, Ministry of Economy or local Council according to each Member State's legislation. Finland and Sweden provide for a market jurisdiction where the first instance is the Ombudsman and the appellate body is the Market Court. WTO Member governments may make representations to the European Commission or Member States' governments. (c) The way the entity conducts an investigation depends on where the claim is brought. Before a civil court, the judge relies upon evidence presented by the parties. In cases of criminal investigation, it is conducted "ex officio" by the police or other administrative authority vested with investigative powers by the public prosecutor. When the complaint is made to an administrative authority or to an Ombudsman, the investigator is the authority where the claim is filed. In both situations, the investigator has the power to issue an order to stop the infringement. If the order is not followed, the administrative authority may decide to bring the case before the public prosecutor while the Ombudsman may bring the case to the Market Court in Finland or to the Stockholm City Court in Sweden. The Commission services conduct their investigation upon elements brought by the government of the WTO Member. (d) The final decision is taken according to the procedure. In civil and criminal cases, any decision taken by a court of first instance may be appealed, subject to restrictions concerning the amount of damages in Germany. In administrative enforcement, any action from the administrative authority may be appealed to the Minister and to administrative courts. In Finland, a decision of the Market Court may be appealed only by the defendant. After investigation, the Commission may raise the matter with the Member State where the infringement has taken place. If the Commission considers that a Member State has failed to fulfil an obligation under the European Union Treaty, the Commission shall deliver a reasoned opinion on the matter. The latter may bring the matter before the European Court of Justice, if the Member State concerned does not comply with the opinion within the period laid down by the Commission (Article 169 of the EU Treaty). (e) The administrative authority and the Ombudsman have the power to issue an order to stop the infringement and/or to give adequate information to the consumer. Their decisions are enforceable through public prosecution and court decisions which may provide for penalties in case of non compliance with the order. Any civil court decision may order the defendant to stop the infringement and to pay damages. In criminal cases, the decision of the court is enforced "ex officio" and may consist of jail penalties, at least in Spain and Germany. Where the European Court of Justice finds that a Member State has failed to implement its obligations under the Treaty and if the European Commission considers that the Member State does not take the necessary measures to comply with the judgement of the Court of Justice, the European Commission shall again bring the matter to the Court of Justice, which may order pecuniary sanctions and periodic penalty payments.]

Yes, in the European Union the publication in the Official Journal of the geographical indications and the legal reference of their recognition is foreseen.

Please see the reply to question no. 47 above.

[Answer 47: Member States have to apply relevant EC legislation through judicial and administrative bodies and procedures. Article 72a of Council Regulation (EEC) No. 822/87 envisages that Member States shall take all necessary measures to enable interested parties to prevent, on the terms stipulated in Articles 23 and 24 of the TRIPS Agreement, the use in the Community of a geographical indication attached to the products referred to in Article 1, paragraph 2(b) of the Regulation for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like. It is, therefore, Member States who are responsible for providing the legal means for interested parties to prevent the use of a geographical indication for a wine or spirit not originating in the place indicated, in accordance with Article 23.1 of the TRIPS Agreement. Interested parties must seek redress from the national authorities of the EC Member States. Member States' laws lay down the procedures to be followed, the competent authorities involved, the instances of appeal and sanctions or penalties applied by the authorities. Member States' courts may request the European Court of Justice for preliminary rulings on the interpretation of Council Regulation (EEC) No. 822/87 under Article 177 of the Treaty Establishing the European Community. Further, on the measures adopted by EC Member States under Article 23 of the TRIPS Agreement and under Article 72a of Council Regulation (EEC) No. 822/87, Article 11a of Council Regulation (EEC) No. 1576/89 and Article 10a of Council Regulation (EEC) No. 1601/91, as a preliminary remark, one should underline that, pursuant to Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, controls on the description and presentation of wine products are subject to common principles and assistance proceedings between a Member State's competent authority and the Commission. Under this Regulation, the control authority designated in one Member State may take protective measures regarding the description, presentation and marketing of a wine sector product. It may request assistance from the Commission or from the competent authority of another Member State. The Commission shall be notified whenever the product which is the subject of the control activities originates in a third country and if the marketing of this product may be of specific interest to other Member States. (a) According to Member States' legislation, interested parties are those damaged or likely to be damaged by the misuse of a geographical indication, i.e. producers entitled to use the geographical indication or their representatives. Before an administrative body or an Ombudsman, "any person" (consumer, importer, retailer, producer, exporter) may file a complaint. However, it is unlikely that national governments from WTO Members may file complaints in a Member State: only Italy provides for such a possibility. National governments from WTO Members are of course free to complain to the European Commission or Member States' governments. (b) In all Member States, redress can be sought through civil proceedings. Therefore, the plaintiff may have to prove direct interest in the claim. Where misuses of geographical indications are subject to criminal penalties, as in Belgium, Germany, France, Italy, Portugal and Spain, an interested party may file a complaint to the police or the public prosecutor, who may then decide to launch a criminal investigation. In Austria, Belgium, Denmark, France, Portugal and the United Kingdom, an interested party may also file a complaint to an administrative authority in the Ministry of Agriculture, Ministry of Economy or local Council according to each Member State's legislation. Finland and Sweden provide for a market jurisdiction where the first instance is the Ombudsman and the appellate body is the Market Court. WTO Member governments may make representations to the European Commission or Member States' governments. (c) The way the entity conducts an investigation depends on where the claim is brought. Before a civil court, the judge relies upon evidence presented by the parties. In cases of criminal investigation, it is conducted "ex officio" by the police or other administrative authority vested with investigative powers by the public prosecutor. When the complaint is made to an administrative authority or to an Ombudsman, the investigator is the authority where the claim is filed. In both situations, the investigator has the power to issue an order to stop the infringement. If the order is not followed, the administrative authority may decide to bring the case before the public prosecutor while the Ombudsman may bring the case to the Market Court in Finland or to the Stockholm City Court in Sweden. The Commission services conduct their investigation upon elements brought by the government of the WTO Member. (d) The final decision is taken according to the procedure. In civil and criminal cases, any decision taken by a court of first instance may be appealed, subject to restrictions concerning the amount of damages in Germany. In administrative enforcement, any action from the administrative authority may be appealed to the Minister and to administrative courts. In Finland, a decision of the Market Court may be appealed only by the defendant. After investigation, the Commission may raise the matter with the Member State where the infringement has taken place. If the Commission considers that a Member State has failed to fulfil an obligation under the European Union Treaty, the Commission shall deliver a reasoned opinion on the matter. The latter may bring the matter before the European Court of Justice, if the Member State concerned does not comply with the opinion within the period laid down by the Commission (Article 169 of the EU Treaty). (e) The administrative authority and the Ombudsman have the power to issue an order to stop the infringement and/or to give adequate information to the consumer. Their decisions are enforceable through public prosecution and court decisions which may provide for penalties in case of non compliance with the order. Any civil court decision may order the defendant to stop the infringement and to pay damages. In criminal cases, the decision of the court is enforced "ex officio" and may consist of jail penalties, at least in Spain and Germany. Where the European Court of Justice finds that a Member State has failed to implement its obligations under the Treaty and if the European Commission considers that the Member State does not take the necessary measures to comply with the judgement of the Court of Justice, the European Commission shall again bring the matter to the Court of Justice, which may order pecuniary sanctions and periodic penalty payments.]

Yes, the European Union has subscribed to several bilateral agreements concerning wine (Australia, Hungary, Bulgaria, Romania) and spirits (USA, Mexico).

There are no other agreements.