Stabilisation and Association Agreement - Official Documents
Stabilisation and Association Agreement - Official Documents Stabilisation and Association Agreement - Official Documents
644 ARTICLE 7 Protection of Traditional Expressions 1. In Bosnia and Herzegovina, the traditional expressions for the Community listed in Appendix 2: (a) shall not be used for the description or presentation of wine originating in Bosnia and Herzegovina; and (b) may not be used for the description or presentation of wine originating in the Community otherwise than in relation to the wines of the origin and the category and in the language as listed in Appendix 2 and under the conditions provided for by the laws and regulations of the Community. 2. Bosnia and Herzegovina shall take the measures necessary, in accordance with the Agreement in this Annex, for the protection of the traditional expressions referred to in Article 4 and used for the description and presentation of wines originating in the territory of the Community. To that end, Bosnia and Herzegovina shall provide appropriate legal means to ensure an effective protection and prevent traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as "kind", "type", "style", "imitation", "method" or the like. 3. The protection of a traditional expression shall apply only: (a) to the language or languages in which it appear(s) in Appendix 2 and not in translation; and (b) for a category of product in relation to which it is protected for the Community as set out in Appendix 2. ARTICLE 8 Trademarks 1. The responsible offices of the Parties shall refuse the registration of a trademark for a wine, spirit drink or aromatised wine which is identical with, or similar to, or contains or consists of a reference to a geographical indication protected under Article 4 with respect to such wine, spirit drink or aromatised wine not having this origin and not complying with the relevant rules governing its use. 2. The responsible offices of the Parties shall refuse the registration of a trademark for a wine which contains or consists of a traditional expression protected under the Agreement in this Annex if the wine in question is not one to
which the traditional expression is reserved as indicated in Appendix 2. 3. Bosnia and Herzegovina shall adopt the necessary measures to amend all trademarks so as to fully remove all reference to Community geographical indications protected under Article 4. All said references shall be removed at the latest by 31 December 2008. ARTICLE 9 Exports The Parties shall take all steps necessary to ensure that, where wines, spirit drinks and aromatised wines originating in a Party are exported and marketed outside that Party, the protected geographical indications referred to in Article 4(a)(ii) and (b)(ii) and in the case of wines, the traditional expressions of that Party referred to in Article 4(a)(iii) are not used to describe and present such products which originate in the other Party. TITLE II Enforcement and Mutual Assistance Between Competent Authorities and Management of this Agreement ARTICLE 10 Working Group 1. A Working Group functioning under the auspices of the Sub-committee on Agriculture to be created in accordance with Article 119 of the Stabilisation and Association Agreement shall be established. 2. The Working Group shall see to the proper functioning of the Agreement in this Annex and shall examine all questions which may arise in implementing it. 3. The Working Group may make recommendations, discuss and put forward suggestions on any matter of mutual interest in the wine, spirit drink and aromatised wine sector which would contribute to the attainment of the objectives of the Agreement in this Annex. It shall meet at the request of either of the Parties, alternatively in the Community and in Bosnia and Herzegovina, at time and a place and in a manner mutually determined by the Parties. 645
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which the traditional expression is reserved as indicated in Appendix 2.<br />
3. Bosnia <strong>and</strong> Herzegovina shall adopt the necessary measures to amend all<br />
trademarks so as to fully remove all reference to Community geographical<br />
indications protected under Article 4. All said references shall be removed at the<br />
latest by 31 December 2008.<br />
ARTICLE 9<br />
Exports<br />
The Parties shall take all steps necessary to ensure that, where wines, spirit drinks<br />
<strong>and</strong> aromatised wines originating in a Party are exported <strong>and</strong> marketed outside that<br />
Party, the protected geographical indications referred to in Article 4(a)(ii)<br />
<strong>and</strong> (b)(ii) <strong>and</strong> in the case of wines, the traditional expressions of that Party referred<br />
to in Article 4(a)(iii) are not used to describe <strong>and</strong> present such products which<br />
originate in the other Party.<br />
TITLE II<br />
Enforcement <strong>and</strong> Mutual Assistance<br />
Between Competent Authorities<br />
<strong>and</strong> Management of this <strong>Agreement</strong><br />
ARTICLE 10<br />
Working Group<br />
1. A Working Group functioning under the auspices of the Sub-committee on<br />
Agriculture to be created in accordance with Article 119 of the <strong>Stabilisation</strong> <strong>and</strong><br />
<strong>Association</strong> <strong>Agreement</strong> shall be established.<br />
2. The Working Group shall see to the proper functioning of the <strong>Agreement</strong> in<br />
this Annex <strong>and</strong> shall examine all questions which may arise in implementing it.<br />
3. The Working Group may make recommendations, discuss <strong>and</strong> put forward<br />
suggestions on any matter of mutual interest in the wine, spirit drink <strong>and</strong><br />
aromatised wine sector which would contribute to the attainment of the objectives<br />
of the <strong>Agreement</strong> in this Annex. It shall meet at the request of either of the Parties,<br />
alternatively in the Community <strong>and</strong> in Bosnia <strong>and</strong> Herzegovina, at time <strong>and</strong> a place<br />
<strong>and</strong> in a manner mutually determined by the Parties.<br />
645
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