21993A1231(05)

Exchange of letters concerning Article 4 of the Agreement between the European Community and the Republic of Hungary on the reciprocal protection and control of wine names

Official Journal L 337 , 31/12/1993 P. 0167 - 0168

Exchange of letters concerning Article 4 of the Agreement between the European Community and the Republic of Hungary one the reciprocal protection and control of wine names

Letter No 1

Brussels,

Sir,

I have the honour to refer to the Agreement between the European Community and the Republic of Hungary on the reciprocal protection and control of wine names signed today, and in particular Article 4 (3) thereof.

In this connection, I wish to confirm the following:

1. For a transitional period of thirteen years from the entry into force of that Agreement, the application of the letter will not preclude the lawful use of the name 'Tokay` to designate and present certain French quality wines psr under the following conditions.

Without prejudice to particular Community provisions and, where applicable, any more restrictive national provisions, the wine must be:

- obtained from the 'Pinot gris` vine variety;

- produced from grapes totally harvested in the French departments Bas-Rhin and Haut-Rhin;

- designated and presented solely by means of the words 'Tokay Pinot Gris`, which must appear together without any intervening words, in characters of the same type and size on a single line and separate from the name of the geographical unit in which the wine originates. In addition, the size of the characters used for those words may not exceed that of the characters giving the name of that geographical unit;

- marketed outside the territory of Hungary.

2. It is however agreed that the term 'Tokay` may be used for one year from the entry into force of the Agreement to designate the quality wines psr in question under conditions other than those laid down in point 1.

3. It is understood that the quality wines psr in question designated and presented in accordance with the applicable provisions before the expiry of the transitional period referred to in point 1 may be put on the market until stocks are exhausted.

4. Without prejudice to the provisions referred to in point 3, the possibility of using the name 'Tokay` in accordance with the conditions set out in point 1 will expire at the end of the transitional period referred to therein.

I should be obliged if you would confirm that the Government of Hungary is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council

of the European Union

Letter No 2

Brussels,

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

'I have the honour to refer to the Agreement between the European Community and the Republic of Hungary on the reciprocal protection and control of wine names signed today, and in particular Article 4 (3) thereof.

In this connection, I wish to confirm the following:

1. For a transitional period of thirteen years from the entry into force of that Agreement, the application of the latter will not preclude the lawful use of the name 'Tokay` to designate and present certain French quality wines psr under the following conditions.

Without prejudice to particular Community provisions and, where applicable, any more restrictive national provisions, the wine must be:

- obtained from the 'Pinot gris` vine variety;

- produced from grapes totally harvested in the French departments Bas-Rhin and Haut-Rhin;

- designated and presented solely by means of the words 'Tokay Pinot Gris`, which must appear together without any intervening words, in characters of the same type and size on a single line and separate from the name of the geographical unit in which the wine originates. In addition, the size of the characters used for those words may not exceed that of the characters giving the name of that geographical unit;

- marketed outside the territory of Hungary.

2. It is however agreed that the term 'Tokay` may be used for one year from the entry into force of the Agreement to designate the quality wines psr in question under conditions other than those laid down in point 1.

3. It is understood that the quality wines psr in question designated and presented in accordance with the applicable provisions before the expiry of the transitional period referred to in point 1 may be put on the market until stocks are exhausted.

4. Without prejudice to the provisions referred to in point 3, the possibility of using the name 'Tokay` in accordance with the conditions set out in point 1 will expire at the end of the transitional period referred to therein.

I should be obliged if you would confirm that the Government of Hungary is in agreement with the contents of this letter.`

I have the honour to confirm that may Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of

the Republic of Hungary