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Commission Regulation (EC) No 1416/2006

of 26 September 2006

laying down specific rules on the implementation of Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine concerning the protection of US names of origin in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2006/232/EC of 20 December 2005 on the conclusion of the Agreement between the European Community and the United States of America on trade in wine(1), and in particular Article 3 thereof,

Whereas:

(1) In accordance with Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine(2) (hereinafter referred to as ‘the Agreement’), the Community shall provide that the names of viticultural significance listed in Annex V of the Agreement may be used as names of origin for wine only to designate wines of the origin indicated by such name.

(2) This Regulation should not affect existing intellectual property rights existing in the Community.

(3) Therefore, the protection in the Community of US names of origin as provided for by the Agreement and in particular by Article 7(2) and (3) in conjunction with Article 12 thereof should be foreseen.

(4) The Agreement entered into force on 10 March 2006(3). This Regulation should therefore enter into force on the day of its publication in the Official Journal of the European Union.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

1.The US names of origin listed in the Annex may be used as names of origin for wine only to designate wines of the origin indicated by such name. The competent authorities of the Member States shall take measures to ensure that any wine not labelled in conformity with this Article is not placed on or is withdrawn from the market until it is labelled in conformity with this Article.

2.Paragraph 1 shall not:

(a)affect intellectual property rights existing in the Community or the use of the sign protected as an intellectual property right in the course of trade in the Community before the date of entry into force of this Regulation;

(b)prevent measures, as appropriate, to allow the use of homonymous names of origin where consumers will not be misled or to allow a person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business in a manner that does not mislead the consumer.

Article 2U.K.

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

[F1ANNEX U.K.

Textual Amendments

PART A U.K.

PART B U.K.

PART C U.K.

Arkansas U.K.

Arizona U.K.

California U.K.

Colorado U.K.

Connecticut U.K.

Illinois U.K.

Indiana U.K.

Iowa U.K.

Kentucky U.K.

Louisiana U.K.

Massachusetts U.K.

Maryland U.K.

Michigan U.K.

Minnesota U.K.

Missouri U.K.

Mississippi U.K.

New Jersey U.K.

New Mexico U.K.

New York U.K.

North Carolina U.K.

Ohio U.K.

Oklahoma U.K.

Oregon U.K.

Pennsylvania U.K.

Rhode Island U.K.

Tennessee U.K.

Shelby County (Mississippi Delta)

Texas U.K.

Virginia U.K.

Washington U.K.

West Virginia U.K.

Wisconsin U.K.