Tag Archives: Trading operation

Agreement on trade in spirits

Agreement on trade in spirits

Outline of the Community (European Union) legislation about Agreement on trade in spirits

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > South Africa

Agreement on trade in spirits

Document or Iniciative

Council Decision 2002/52/EC of 21 January 2002 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of South Africa on trade in spirits.

Summary

Background

In October 1999, the European Union (EU) and South Africa concluded a Trade, Development and Cooperation Agreement (TDCA). This agreement governs their bilateral relations and is supplemented by three additional agreements: an agreement on trade in spirits, an agreement on trade in wine, and an agreement on agreement on scientific and technological cooperation.

Scope

The agreement on trade in spirits applies to spirits already mentioned in the 1983 International Convention on the Harmonised Commodity Description and Coding System.

The agreement lays down provisions on the marketing of existing stocks which conform to the legislation in force but which do not conform to the conditions of the present agreement. These may continue to be marketed by wholesalers or producers for a period of three years and by retailers until stocks are exhausted.

However, the agreement does not apply to spirits which are in transit through the territory of one of the parties, or which originate in the territory of one of the parties and which are consigned in small quantities between those parties under the conditions provided for in the agreement.

Description and presentation of spirits

The agreement provides for the reciprocal protection of names and other provisions linked to the description and presentation of spirits. This involves the protection of names that refer to the Member State of the EU or to South Africa, geographical indications within countries (such as Scotch Whisky) as well as certain specific trademarks. The indications protected for each Member State of the EU and for South Africa are listed in an annex to the agreement. In addition to geographical names, eight specific denominations are also protected under the agreement.

It is possible for the same geographical indications or very similar indications to be used by both parties. In this case, both indications may be protected if the name is traditionally and consistently used and the true origin of the spirit is clear. With regard to indications of a place situated outside the territories of the parties, the provisions are the same, use of the indication being regulated by the country of origin. The joint committee set up by the agreement examines the specific cases and gives its opinion on the use of denominations.

Specific provisions relating to the eight nongeographical protected denominations

Eight specific denominations of spirits originating in the EU which are not geographical denominations are also protected: ‘Grappa’, ‘Ouzo’, ‘Korn’, ‘Kornbrand’, ‘Jägertee’, ‘Jagertee’, ‘Jagatee’ and ‘Pacharan’. Producers in South Africa also use some of these denominations. According to the agreement, they may continue to be marketed in South Africa during a transitional period of five years. After that date, the denominations can only be used to denominate the products originating in the EU.

Implementation

The smooth application of the agreement is the responsibility of the authorities appointed by each party and a joint committee of representatives of both parties. The joint committee ensures that the agreement is applied, examines the questions raised, ensures coordination and may make recommendations on its implementation.

Imports must be accompanied by appropriate certification.

The methods of analysis used for the implementation of the agreement, particularly for the control and certification of products, are those recognised as reference methods by the International Vine and Wine Office (OIV) or the International Standardisation Organisation (ISO).

Infringements

The agreement provides for a consultation procedure in cases where one of the parties considers that the other has not complied with the agreement. If they do not reach agreement, they may invoke the dispute settlement procedure. In the absence of an agreement before the settlement body, the party may refer the matter to arbitrators.

Community assistance for the restructuring of the South African wine and spirits sector

The EU has undertaken, within the framework of the TDCA, to provide EUR 15 million to establish a programme on the restructuring of the wine and spirits sector and to ensure the marketing and distribution of South African wines and spirits.

Entry into force

The agreement enters into force on the first day of the month following that during which the parties have notified each other of the completion of the necessary procedures. In the meantime, the agreement entered into force provisionally on 28 January.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision 2002/52/EC [adoption: agreement ACC/2001/0292] 21.1.2002 _ OJ L 28 of 30.1.2002

EU-Russia environmental cooperation

EU-Russia environmental cooperation

Outline of the Community (European Union) legislation about EU-Russia environmental cooperation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Eastern europe and central asia

EU-Russia environmental cooperation

Document or Iniciative

Communication from the Commission of 17 December 2001 – EU-Russia environmental cooperation [COM(2001)772 final – Not published in the Official Journal].

Summary

The dialogue and cooperation conducted between the European Union (EU) and Russia must be strengthened with regard to the environment.

The progress achieved by Russia in this area should benefit its socio-economic development, particularly in the energy and water resource management sectors, by complying with international standards for products and services intended for export, and promoting investment.

Existing cooperation frameworks

The Agreement on partnership and cooperation adopted in 1997 and its joint work programme on the environment are the partners’ principal instruments in this area.

The partners also set environmental objectives under the framework of:

  • the EU-Russia Energy Dialogue ;
  • the EU common strategy on Russia adopted in June 1999 (energy efficiency, sustainable use of natural resources, combating pollution, waste management, etc.);

The country must also renew its commitment to international cooperation, particularly under the framework of the Northern Dimension policy and the Conventions concerning the Regional Seas (the Baltic Sea, Black Sea, and Atlantic Ocean), as well as the implementation of multi-lateral agreements on the environment and combating climate change.

Cooperation priorities

However, the partners’ cooperation objectives must be expanded. The new priorities are primarily based on Russia’s national objectives for the environment and resource management. In particular, these concern conserving ecosystems and developing an environmentally-friendly economy. These priorities must also comply with the principles of the European strategy for sustainable development.

In addition, the partners establish a set of short-term priorities, in particular:

  • energy and natural resource savings through the development of adapted technologies, processes and products;
  • improving environmental standards, controls and assessments;
  • waste water treatment and reducing atmospheric pollution;
  • combating industrial pollution by applying the ‘polluter pays principle’;
  • establishing mechanisms to encourage investment, including foreign investment.

Context

This Communications followed on from the 7th EU-Russia Summit on 17 May 2001 during which the partners confirmed their desire to strengthen their strategic cooperation.

Related Acts

Commission Decision 2006/890/Euratom of 4 December 2006 concerning the conclusion on behalf of the European Atomic Energy Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (notified under document number C(2006) 5219).