Agreement between the United Mexican States and the European Community on the Mutual Recognition and Protection of Appellations in the Spirit Drinks Sector

AGREEMENT BETWEEN THE UNITED MEXICAN STATES AND THE EUROPEAN COMMUNITY ON THE MUTUAL RECOGNITION AND PROTECTION OF DESIGNATIONS IN THE SPIRITUOUS BEVERAGE SECTOR

(PUBLISHED IN THE Official Gazette of the Federation on 07/21/1997)

In the margin a seal with the National Coat of Arms, which reads: Estados Unidos Mexicanos - Secretaría de Comercio y Fomento Industrial.

AGREEMENT BETWEEN THE UNITED MEXICAN STATES AND THE EUROPEAN COMMUNITY ON THE MUTUAL RECOGNITION AND PROTECTION OF DESIGNATIONS IN THE SPIRITS SECTOR

THE UNITED MEXICAN STATES, on the one hand, and THE EUROPEAN COMMUNITY, hereinafter referred to as "Community", on the other hand, hereinafter referred to as "Contracting Parties", DESIRING to improve the conditions for the marketing of spirit drinks in their respective markets, in accordance with the principles of equality, mutual benefit and reciprocity,

HAVE AGREED AS FOLLOWS:

ARTICLE 1. 

On the basis of the principles of non-discrimination and reciprocity, the Contracting Parties agree to facilitate and promote trade in spirits among themselves.

ARTICLE 2. 

The present Agreement shall be applicable to the products of heading 2208 of the International Convention on the Harmonized Commodity Description and Coding System.

For the purposes of the application of the present Agreement, it will be understood by:

(a) "spirit drink originating in", followed by the name of one of the Contracting Parties: a spirit drink listed in the Annex which has been produced in the territory of that Contracting Party;

(b) "description" means the designations used on the labeling, on documents accompanying the spirit drink during transport, on commercial documents such as invoices and delivery notes, and in advertising;

(c) "labelling" means all the descriptions and other indications, signs, illustrations or marks characterizing the spirit drink and appearing on the container itself, including the closing device, on the pendant attached to the container or on the lining of the neck of the bottle;

(d) "presentation" means the designations used on the containers and their closing device, on the labeling and on the packaging;

e) "packing": the protective wrappings, such as papers, straw covers of all type, cartons and boxes, used for the transport of one or several containers.

ARTICLE 3. 

The following denominations are protected:

(a) as regards spirit drinks originating in the European Community, those listed in Annex I;

(b) as regards spirit drinks originating in the United Mexican States, those listed in Annex II.

ARTICLE 4

1. In the United Mexican States, the protected designations of the Community:

- may be used only under the conditions laid down in the laws and regulations of the Community, and.

- are reserved exclusively for the spirit drinks originating in the Community to which they are applicable.

2. In the Community, the Mexican protected designations

- may be used only under the conditions provided for in the laws and regulations of the United Mexican States, and

- are reserved exclusively for the spirit drinks originating in the United Mexican States to which they are applicable.

Without prejudice to the provisions of Articles 22 and 23 of the Agreement on Trade-Related Intellectual Property Rights contained in Annex 1C of the Agreement establishing the World Trade Organization, the Contracting Parties shall take all necessary measures, in accordance with this Agreement, to ensure the mutual protection of the designations referred to in Article 3, used for the description of spirits originating in the territory of the Contracting Parties. Each Contracting Party shall provide the parties concerned with the necessary legal means to prevent the use of an appellation to designate a spirit drink which does not originate in the place designated by that appellation or in the place where that appellation has traditionally been used.

4. The Contracting Parties shall not deny the protection provided for in this Article in the circumstances defined in paragraphs 4, 5, 6 and 7 of Article 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

ARTICLE 5

The protection contemplated in the article 4 will be applied even when the authentic origin of the spirituous drink is indicated or when the denomination appears translated or accompanied of terms such as "class", "type", "style", "way", "imitation", "method" or other analogous expressions that include graphic symbols that can originate confusion.

ARTICLE 6

In case that homonymous denominations of spirit drinks exist, the protection will be granted to each one of the denominations. The Contracting Parties shall determine the practical conditions necessary to differentiate the homonymous indications in question, taking into account the need to ensure equitable treatment for the producers concerned and not to mislead consumers.

ARTICLE 7

The provisions of this Agreement shall be without prejudice to the right of any person to use for commercial purposes his name or the name of his predecessor in business, provided that such name is not used in such a way as to mislead consumers.

ARTICLE 8

The Contracting Parties shall not be bound by any provision of this Agreement to protect a denomination of the other Contracting Party that is not protected in its country of origin, that has ceased to be protected or that has fallen into disuse in that country.

ARTICLE 9

The Contracting Parties shall take all necessary measures to ensure that, in the case of export and marketing of spirits originating in the Contracting Parties outside their respective territories, the protected names of one of the Contracting Parties under this Agreement shall not be used to designate or present a spirit drink originating in the other Party.

ARTICLE 10

To the extent permitted by the legislation of the Contracting Parties, the protection afforded by this Agreement shall extend to natural and legal persons and to federations, associations and organizations of producers, traders or consumers based in the other Contracting Party.

ARTICLE 11

If the designation or the presentation of a spirituous beverage, especially on the label or in official or commercial documents or in its advertising, do not comply with the terms of the present Agreement, the Contracting Parties shall apply the necessary administrative measures or initiate the necessary judicial procedures to fight against unfair competition or to prevent in any other way the abusive use of the protected name.

ARTICLE 12

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applicable, under the conditions provided for in that Treaty, and, on the other hand, to the territory of the United Mexican States.

ARTICLE 13

The present Agreement will not be applicable to spirit drinks:

(a) which are in transit in the territory of one of the Contracting Parties; or

b) which originate in one of the Contracting Parties and are shipped in small quantities to the other Contracting Party.

The following shall be considered small quantities:

(a) quantities of spirits not exceeding 10 liters per traveler, carried in the traveler's personal baggage;

(b) quantities of spirits not exceeding 10 liters, sent from private individual to private individual;

c) spirits included in the change of residence of private individuals;

(d) quantities of spirits imported for the purpose of scientific and technical experimentation, up to a limit of one hectoliter;

(e) spirits intended for diplomatic and consular representations and similar bodies, imported free of duty;

f) the spirituous drinks included in the provisions of on board of the means of international transport.

ARTICLE 14

Each of the Contracting Parties shall designate the bodies responsible for the control of the application of this Agreement.

2. The Contracting Parties shall inform each other of the names and addresses of these agencies not later than two months after the entry into force of this Agreement.

Agreement. These bodies shall cooperate closely and directly.

ARTICLE 15

1. In the event that one of the bodies referred to in Article 14 has grounds for suspecting

(a) that a spirit drink, defined in accordance with Article 2, which is or has been the subject of a trade transaction between the United Mexican States and the Community, does not comply with the provisions of this Agreement or with the Community or Mexican legislation applicable to the spirit drink sector; and

(b) such non-compliance is of particular interest to the other Contracting Party and may give rise to administrative measures or legal proceedings, that body shall immediately inform the Commission and the competent bodies of the other Contracting Party.

2. The information provided pursuant to paragraph 1 shall be accompanied by official, commercial or other documents, indicating also the possible administrative measures or legal proceedings. In particular, the information shall include the following particulars of the spirit drink concerned:

(a) the producer and the person in possession of the spirit drink;

(b) the composition of the spirit drink

(c) its description and presentation

d) the nature of the infraction of the production and commercialization norms.

ARTICLE 16

1. The Contracting Parties shall hold consultations when one of them considers that the other has not fulfilled any of the obligations contracted in accordance with the present Agreement.

2. The Contracting Party requesting consultations shall provide the other Party with all the information necessary for a detailed examination of the case in question.

3. In the event that a delay involves a risk to human health or impairs the effectiveness of fraud control measures, provisional safeguard measures may be taken, without prior consultation, provided that consultations are held immediately after the adoption of such measures.

4. If, after the consultations referred to in paragraphs 1 and 3 have been held, the Contracting Parties have failed to take provisional safeguard measures.

3, the Contracting Parties have not reached agreement, the Party which has requested the consultations or taken the measures referred to in paragraph 3 may take the appropriate precautionary measures necessary for the application of this Agreement.

ARTICLE 17

A Joint Committee consisting of representatives of the Community and of the United Mexican States is hereby established, which shall meet alternately in the Community and in the United Mexican States at the request of one of the Contracting Parties and in accordance with the needs of the implementation of this Agreement.

The Joint Committee shall ensure the proper functioning of this Agreement and shall examine all questions arising from the application of this Agreement. In particular, the Joint Committee may make recommendations which will contribute to the attainment of the objectives of this Agreement.

ARTICLE 18

1. The Contracting Parties may, by mutual agreement, amend the provisions of this Agreement with a view to extending their cooperation in the spirits sector.

spirits sector.

2. To the extent that the legislation of one of the Contracting Parties is amended to protect names other than those listed in the Annexes to this Agreement, the inclusion of such names shall take place after consultations have been completed within a reasonable period of time.

ARTICLE 19

1. Spirits which, at the time of the entry into force of this Agreement, have been lawfully produced, designated and presented, although prohibited by this Agreement, may be marketed by wholesalers for a period of one year from the entry into force of this Agreement and by retailers until stocks are exhausted. From the entry into force of this Agreement, spirits covered by this Agreement may not be produced outside the limits of their region of origin.

Unless otherwise provided by the Contracting Parties, the marketing of spirits produced, described and presented in conformity with this Agreement, the description and presentation of which cease to be in conformity as a result of an amendment to this Agreement, may continue until stocks are exhausted.

ARTICLE 20

The Annexes of the present Agreement are an integral part of the same.

ARTICLE 21

The present Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Greek languages, each of these texts being equally authentic.

ARTICLE 22

This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties have notified each other in writing of the completion of the procedures necessary for this purpose.

Either Contracting Party may denounce this Agreement by giving one year's written notice to the other Party.

Done at Brussels, this twenty-seventh day of May one thousand nine hundred and ninety-seven - For the Government of the United Mexican States - Initials - For the European Community - Initials.

ANNEX I

Rhum de la Martinique Rum

Rhum de la Guadeloupe

Rhum de la Réunion

Rhum de la Guyane

(These appellations may be supplemented by the indication "traditionnel

indication "traditionnel")

Rum from Malaga

Rum from Granada

Rum da Madeira

(a) Scotch Whisky Scotch Whisky

Irish Whisky

Spanish Whisky

(These names may be supplemented by the indications "malt" or "grain").

malt" or "grain")

(b) Whiskey Irish Whiskey

Uisce Beatha Eireannach/Irish Whiskey

(These names may be supplemented by the indication "Pot Still").

Pot Still")

3. Spirits of Eau-de-vie de seigle de marque nationale luxembourgeoise

Korn cereals

Kornbrand

4. Eau-de-vie de Cognac wine spirit

Eau-de-vie des Charentes

Cognac

(This designation may be accompanied by one of the following indications: - Eau-de-vie de Cognac

following indications:

- Fine,

- Grande Fine Champagne,

- Grande Champagne,

- Petite Fine Champagne,

- Fine Champagne,

- Borderies,

- Fins Bois,

- Bons Bois)

Fine Bordeaux

Armagnac

Bas-Armagnac

Haut-Armagnac

Ténarèse

Eau-de-vie de vin de la Marne

Eau-de-vie de vin originaire d'Aquitaine

Bourgogne Eau-de-vie de Vin de Bourgogne

Eau-de-vie de vin originated in Centre-Est

Franche-Comté Eau-de-vie de vin originated in Franche-Comté

Eau-de-vie de vin originating in Bugey

Eau-de-vie de vin from Savoie

Eau-de-vie de vin originating in the Loire Valley

Côtes-du-Rhône Eau-de-vie de Vin de Côtes-du-Rhône

Eau-de-vie de vin originated in Provence

Faugères or Eau-de-vie from Faugères

Eau-de-vie de vin originaire du Languedoc

Aguardente do Minho

Aguardente do Douro

Aguardente da Beira Interior

Aguardente of Bairrada

Aguardente do Oeste

Aguardente do Ribatejo

Aguardente do Alentejo

Aguardente do Algarve

5. Brandy Brandy de Jerez

Brandy of Penedés

Italian Brandy

Brandy ATTIKhs/Attica Brandy

Brandy Peloponnhsou/Peloponnese Brandy

Brandy KenTrikhs Ellàdas/Brandy of Central Greece

Deutscher Weinbrand

Wachauer Weinbrand, Weinbrand Dürnstein

6. Grape marc eau-de-vie Eau-de-vie de marc de Champagne or Marc de

Champagne

Eau-de-vie de marc originating in Aquitaine

Eau-de-vie de marc de Bourgogne

Eau-de-vie de marque originating from Centre-Est

Franche-Comté Eau-de-vie de Marque originated in Franche-Comté

Bugey Eau-de-vie de Marque originating in Bugey

Eau-de-vie de Marque originating in Savoie

Marc de Bourgogne

Marc of Savoie

Marc of Auvergne

Eau-de-vie de marque originaire des Coteaux de la Loire

Eau-de-vie de marque des C "tes du Rh "ne

Eau-de-vie de marque originating in Provence

Eau-de-vie de marque originating from Languedoc

Marc d'Alsace Gewürztraminer

Marc de Lorraine

Bagaceira do Minho

Bagaceira do Douro

Bagaceira da Beira Interior

Bagaceira da Bairrada

Bagaceira do Oeste

Bagaceira do Ribatejo

Bagaceira do Alentejo

Bagaceira do Algarve

Galician Orujo

Grappa

Grappa di Barolo

Piemontese or Piemonte Grappa

Lombardy or Lombardy grappa

Grappa trentina or Trentino grappa

Friulian or Friuli grappa

Grappa veneta or from Veneto

Südtiroler Grappa/Grappa dell'Alto Adige

Tsikoudiá KrhThs/Tsikoudia of Crete

Tsíipouro MaKedoVías/Tsipouro from Macedonia

Tsípouro qessalías/Tsipouro of Thessaly

Tsipouro Turnabou/Tsipouro of Tirnavos

Eau-de-vie de marc de marque nationale luxembourgeoise

7. Fruit brandy Schwarzwälder Kirschwasser

Schwarzwälder Himbeergeist

Schwarzwälder Mirabellenwasser

Schwarzwälder Williamsbirne

Schwarzwälder Zwetschgenwasser

Fränkisches Zwetschgenwasser

Fränkisches Kirschwasser

Fränkischer Obstler

Mirabelle de Lorraine

Kirsch d'Alsace

Quetsch d'Alsace

Framboise d'Alsace

Mirabelle d'Alsace

Kirsch de Fougerolles

Südtiroler Williams/Williams dell'Alto Adige

Südtiroler Aprikot o Südtiroler

Marille/Aprikot dell'Alto Adige or Marille dell'Alto Adige

Südtiroler Kirsch/Kirsch dell'Alto Adige

Südtiroler Zwetschgeler/Zwetschgeler dell'Alto Adige

Südtiroler Obstler/Obstler dell'Alto Adige

Südtiroler Gravensteiner/Gravensteiner dell'Alto Adige

Südtiroler Golden Delicious/Golden Delicious dell'Alto Adige

Williams friulano or del Friuli

Sliwovitz from Veneto

Sliwovitz del Friuli-Venezia Giulia

Sliwovitz from Trentino Alto Adige

Distillato di mele trentino or del Trentino

Williams Trentino or Trentino

Sliwovitz from Trentino or Trentino

Aprikot from Trentino or Trentino

Medronheira do Algarve

Medronheira do Bucaco

Kirsch or Kirschwasser Friulano

Kirsch or Kirschwasser Trentino

Kirsch or Kirschwasser Veneto

Aguardente de pêra da Lousã

Eau-de-vie de pommes de marque nationale luxembourgeoise

Eau-de-vie de poires de marque nationale luxembourgeoise

Eau-de-vie de kirsch de marque nationale luxembourgeoise

Luxembourgeoise Eau-de-vie de Kirsch de marque nationale luxembourgeoise

Eau-de-vie de mirabelle de marque nationale luxembourgeoise

Eau-de-vie de prunelles de marque nationale luxembourgeoise

Wachauer Marillenbrand

8. Cider and pear brandy Calvados du Pays d'Auge

Calvados

Eau-de-vie de cidre de Bretagne

Eau-de-vie de poiré de Bretagne

Normandy Eau-de-vie de Cidre de Normandie

Normandy Eau-de-vie de Cidre de Normandie

Maine cider eau-de-vie

Cider brandy from Asturias

Maine cider eau-de-vie

9. Bayerischer Gebirgsenzian Gentian brandy

Südtiroler Enzian/Genzians dell'Alto Adige

Genziana trentina or from Trentino

10. Fruit spirits Pacharan

Pacharán from Navarra

11. Flavored spirits Ostfriesischer Korngenever

juniper-flavored Genièvre Flandre Artois

Hasseltse jenever

Balegemse jenever

Péket de Wallonie

Steinhäger

Plymouth Gin

Mahon Gin

12. Flavored spirits Dansk Akvavit/Dansk Aquavit

Caraway-flavored Svensk Aquavit/Svensk Akvavit/Swedish Aquavit

13. Aniseed-flavored spirits Spanish Aniseed

Évoca anisada

Cazalla

Chinchón

Ojén

Rute

Ouzo/Oúzo

14. Berliner Kümmel Liqueur

Hamburger Kümmel

Münchener Kümmel

Chiemseer Klosterlikör

Bayerischer Kräuterlikör

Dijon cassis

Beaufort cassis

Irish Cream

Palo de Mallorca

Portuguese Ginjinha

Singeverga liqueur

Benediktbeurer Klosterlikör

Ettaler Klosterlikör

Champagne Ratafia

Catalan Ratafia

Anis portuguˆs

Finnish berry/fruit liqueur

Grossglockner Alpenbitter

Mariazeller Magenlikör

Mariazeller Jagasaftl

Puchheimer Bitter

Puchheimer Schlossgeist

Steinfelder Magenbitter

Wachauer Marillenlikör

Jägertee, Jagertee, Jagatee

15. Spirits Pommeau de Bretagne

Pommeau du Maine

Pommeau de Normandie

Svensk Punsch/Swedish Punsch

16. Svensk Vodka Svensk Vodka/Swedish Vodka

Suomalainen Votka/Finsk Vodka/Vodka of Finland.

ANNEX II

TEQUILA spirit drink: Protected, elaborated and classified according to Agave with the legislation and regulations of the United Mexican States MEZCAL spirit drink: Protected, elaborated and classified according to Agave with the legislation and regulations of the United Mexican States.

Mr. Hugo Ricardo de la Rosa Guzmán, Director of Legislation and Consultation of the General Directorate of Legal Affairs of the Secretariat of Commerce and Industrial Development, in accordance with articles 13 section XIV of the Internal Regulations of the Secretariat of Commerce and Industrial Development and 3 section XIII of the Agreement delegating powers of this Secretariat, hereby certifies that the present copies, consisting of twenty-three useful pages, correspond to the content of the originals in Spanish, which are on file at the Undersecretariat of International Trade Negotiations. The foregoing, for all legal purposes. Mexico City, Federal District, on the fourteenth day of July, nineteen hundred and ninety-seven.