[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16940]


[[Page Unknown]]

[Federal Register: July 13, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco, and Firearms

27 CFR Part 5

RIN 1512-AB22

 

Agreement Between the United States (US) and the European Union 
(EU): Geographical Designations

AGENCY: Bureau of Alcohol, Tobacco, and Firearms (ATF), Department of 
the Treasury.

ACTION: Interpretation of agency regulations.

-----------------------------------------------------------------------

SUMMARY: The purpose of this document is to inform industry members and 
the public of an ATF Ruling implementing a recently negotiated 
distilled spirits agreement between the United States (US) and the 
European Union (EU).

DATES: The ATF Ruling reproduced in this document became effective on 
June 9, 1994.

FOR FURTHER INFORMATION CONTACT: David W. Brokaw, Wine and Beer Branch, 
(202) 927-8230.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to a bilateral agreement, the United States has agreed to 
restrict, within its regulatory framework of 27 CFR 5.22, the use of 
the product designations ``Scotch whisky,'' ``Irish whisky/Irish 
whiskey,'' ``Cognac,'' ``Armagnac,'' ``Calvados,'' and ``Brandy de 
Jerez'' to distilled spirits products produced in certain Member States 
of the EU. Under the agreement, the EU agreed to restrict, within its 
regulatory framework of Council Regulation (EU) No. 1576/89, the use of 
the product designations ``Tennessee whisky/Tennessee whiskey,'' 
``Bourbon whisky/Bourbon whiskey,'' and ``Bourbon'' to distilled 
spirits products of the United States. In both situations, the products 
remain subject to all of the labeling requirements of the United States 
and the EU, respectively.
    In implementing the bilateral agreement, the United States believes 
that an administrative interpretation of the existing regulations is 
sufficient to afford the restrictive recognition required by the 
agreement for ``Armagnac,'' ``Calvados,'' and ``Brandy de Jerez.'' The 
reference to administrative measures in the agreement authorizes the 
ruling approach for implementing the agreement.
    The regulations currently provide restrictive recognition to 
``Irish whisky/Irish whiskey,'' ``Scotch whisky,'' and ``Cognac.''
    The ruling will appear in a future issue of the ATF bulletin. The 
full and exact text of the ATF Ruling follows for the information and 
reference of the industry and the public.

Drafting Information

    The principal author of this document is David W. Brokaw, Wine and 
Beer Branch, Bureau of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 5

    Advertising, Consumer protection, Customs duties and inspection, 
Imports, Labeling, Liquors, Packaging and containers.

    Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205.

ATF Ruling 94-5

    27 CFR 5.22(k)(3): Class 11; geographical designations.
    The requirements in 27 CFR 5.22(k)(3) provide that geographical 
names that are not names for distinctive types of distilled spirits, 
and that have not become generic, shall not be applied to distilled 
spirits produced in any other place than the particular place or region 
indicated in the name. The names ``Armagnac,'' ``Calvados,'' and 
``Brandy de Jerez'' are geographical names within section 5.22(k)(3) 
and shall not apply to distilled spirits products other than those 
produced in the particular place or region indicated by such names. 
Further, such ``Armagnac'' (France), ``Calvados'' (France), and 
``Brandy de Jerez'' (Spain) must be produced in accordance with the 
regulations of the European Union and the laws of the Member States in 
which those products originate.
    In recent negotiations concluding in an exchange of letters between 
the United States (US) and European Union (EU) regarding distilled 
spirits, the US agreed to restrict, within its regulatory framework of 
27 CFR 5.22 (or equivalent successor regulation) the use of the product 
designations ``Armagnac,'' ``Calvados,'' ``Cognac,'' ``Brandy de 
Jerez,'' ``Irish whisky/Irish whiskey,'' and ``Scotch whisky'' to 
distilled spirits products of the Member States of the EU, produced in 
compliance with Council Regulation (EU) No. 1576/89 and with the laws 
of the Member States in which those products originate. Further, it is 
recognized that these products shall continue to be subject to all of 
the labeling requirements of the US for products imported into the US.
    In like manner, the EU agreed to restrict, within its regulatory 
framework of Council Regulation (EU) No. 1576/89, Article 11 (or 
equivalent successor regulation), the use of the product designations 
``Bourbon,'' ``Bourbon whisky/Bourbon whiskey,'' and ``Tennessee 
whisky/Tennessee whiskey,'' to distilled spirits products of the US, 
produced in compliance with the laws and regulations (27 CFR 5.22 or 
equivalent successor regulation) of the US. Further, it is recognized 
that these products shall continue to be subject to all of the labeling 
requirements of the EU for products imported into the EU.
    The names ``Cognac,'' ``Irish whisky/Irish whiskey,'' and ``Scotch 
whisky'' are already restricted to products of France, Republic of 
Ireland or in Northern Ireland, and Scotland, respectively, by the 
standard of identity regulations for distilled spirits in 27 CFR 5.22.
    Section 5.22(k)(3) of the distilled spirits regulations establishes 
a standard of identity for products having geographical designations. 
Under this section, geographical names that are not distinctive types 
of distilled spirits, and that have not become generic, shall not be 
applied to distilled spirits produced in any other place than the 
particular place or region indicated in the name.
    Held: The names ``Armagnac,'' ``Calvados,'' and ``Brandy de Jerez'' 
are geographical designations within section 5.22(k)(3) and shall not 
apply to distilled spirits products other than those produced in the 
particular place or region indicated by such name. Further, such 
``Armagnac'' (France), ``Calvados'' (France), and ``Brandy de Jerez'' 
(Spain) must be produced in accordance with regulations of the EU and 
the laws of the Member States in which those products originate.
    Held further: ``Armagnac,'' ``Calvados,'' ``Cognac,'' ``Brandy de 
Jerez,'' ``Irish whisky/Irish whiskey,'' and ``Scotch whisky'' imported 
into the US shall continue to be subject to all of the labeling 
requirements for distilled spirits under 27 CFR Part 5.

    July 6, 1994.
Daniel R. Black,
Acting Director.
[FR Doc. 94-16940 Filed 7-12-94; 8:45 am]
BILLING CODE 4810-31-P