I
(Acts whose publication is obligatory)
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular, Articles 43 and 100a thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social Committee1,
Acting in accordance with the procedure referred to in Article 189b of the Treaty2,
Whereas Regulation (EEC) No 1576/893 and Regulation (EEC) No 1601/914 lay down general rules for the definition, description and presentation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails; whereas in order to take account in the said Regulations of the obligations arising, in particular, from Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which forms an integral part of the Agreement establishing the World Trade Organization, provision should be made therein for the parties concerned to prevent, under certain conditions, the unlawful use of geographical designations protected by a third country member of the World Trade Organization,
HAVE ADOPTED THIS REGULATION:
For the purposes of this Article, 'geographical designation' shall mean any indication identifying a product as originating in the territory of a third country which is a member of the World Trade Organization, or in a region or locality of that territory, where a quality, reputation or other specific characteristic of that product can essentially be attributed to that geographical origin.
For the purposes of this Article, 'geographical designation' shall mean any indication identifying a product as originating in the territory of a third country which is a member of the World Trade Organization, or in a region or locality of that territory, where a quality, reputation or other specific characteristic of that product can essentially be attributed to that geographical origin.
This Regulation shall be binding in its entirely and directly applicable in all Member States.
Done at Brussels, 22 December 1994.
For the European Parliament For the Council
The President The President
K. HAENSCH H. SEEHOFER
1 Opinion delivered on 24 November 1994 (not yet published in the Official Journal).
2 Opinion of the European Parliament of 13 December 1995 (OJ No C 369, 24. 12. 1995, p. 1), Council common position of 13 December 1994 (not yet published in the Official Journal) and Decision of the European Parliament of 15 December 1994 (not yet published in the Official Journal).
3 OJ No L 160, 12. 6. 1989, p. 1. Regulation as last amended by Regulation (EEC) No 3280/92 (OJ No L 327, 13. 11. 992, p. 3).