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C 92 E/190 Official Journal of the European Union EN 17.4.

2003

That said, the Honourable Member will doubtless recall that most Community funded projects in Laos are
located in areas of high densities of ethnic minorities. The Commission’s Country Strategy for Laos also
deliberately targets such groups as priority beneficiaries.

(2003/C 92 E/249) WRITTEN QUESTION E-2599/02


by Janelly Fourtou (PPE-DE) to the Commission

(18 September 2002)

Subject: Trademark law in Poland

The Polish Sejm (lower house of Parliament) is soon to decide on an amendment to the law on definitions
and designations of spirituous beverages, which would make the Polish brand of vodka Wyborowa (duly
registered for many years with the Polish Trademark Office on behalf of the producer company Pomos
Poznan, which is owned by the company Pernod Ricard SA) into a generic name. Were it to adopt this
amendment, the Sejm would be going against the government’s original bill and the recommendations of
the country’s Minister for European Integration, the Polish Trademark Office and the Polish Senate.
Apparently, the Commission’s services also endorse these recommendations.

If adopted, the amendment would deprive the brand of its distinctive character, as the exclusive rights it
enjoys would be lost, enabling anyone to produce spirits bearing the name Wyborowa. This would
undermine the protection enjoyed by the name Wyborowa, rather than improving it.

What representations will the Commission make to the Sejm in order to avert what would be a flagrant
breach of intellectual property rights in a country applying for accession to the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(31 October 2002)

The Honourable Member draws attention to the possibility of the Polish parliament adopting a law
rendering the Polish brand of vodka Wyborova a generic name.

In Poland as in other candidate countries for accession into the EU, the Commission closely monitors the
gradual adaptation of national rules and regulations to the Community legislation. This adaptation is,
however, an enormous task and in many areas this involves overcoming the resistance of interest groups
and calling for major powers of persuasion.

In the case the Honourable Member refers to, the Polish authorities were duly informed about the risk that
adoption of a law containing provisions incompatible with the Community rules would entail serious
consequences. The Commission is therefore pleased to inform the Honourable Member that the Polish
parliament took the same position as the government and the Polish senate and the law finally adopted on
13 September 2002 is in compliance with Community law.

(2003/C 92 E/250) WRITTEN QUESTION E-2611/02


by Jan Mulder (ELDR) to the Commission

(18 September 2002)

Subject: Transport/marketing of unmarked cattle from nature reserves

The management of nature parks and other protected areas is becoming increasingly important in the
European Union. The recent debate in the Netherlands on the fate of Scottish Highland cattle in the
Veluwezoom national park made it clear that the transport and marketing of these unmarked animals
present problems.
17.4.2003 EN Official Journal of the European Union C 92 E/191

1. What is the Commission’s position on the enforcement of veterinary regulations and identification
requirements for animals in nature reserves?

2. Does the Commission consider it possible, if derogations are allowed in respect of veterinary
regulations or identification of animals, for products obtained from animals from such nature reserves to
be marketed and/or for the animals to be transported to other nature reserves?

3. Can possible authorisation for marketing and/or transport be granted under the current legislation or
does the Commission envisage submitting new proposals?

Answer given by Mr Byrne on behalf of the Commission

(30 October 2002)

The identification and registration of animals has always been a fundamental part of the Community
system managing various veterinary and commercial aspects of animal husbandry. The tracing of animals
is of crucial importance for the control of contagious diseases and their eventual spread, to determine
rapidly the place of origin of an animal or carcass and its movements throughout the Community.

From the animal health point of view, domestic animals in nature reserves are treated as animals kept in
farms.

In the specific case of cattle, Regulation (EC) No 1760/2000 of the Parliament and of the Council on the
identification and registration of bovine animals and regarding labelling of beef and beef products and
repealing Council Regulation (EC) No 820/97 (1) is applicable. Cattle must be identified with two eartags
applied within a period to be determined by the Member State as from the birth of the animal and in any
case before the animal leaves the holding. This period may not be longer than 20 days.

In accordance with Regulation (EC) No 1760/2000, Article 4(2), the Commission has determined the
circumstances in which the maximum period for the application of eartags may be extended for:

 Spain, for bovine animals kept in extensive farming conditions and in free range where calves always
stay close to their mother until they are separated at the age of six months at the latest. The eartags
shall be applied when the calves are separated from their mothers, and in any case before they are six
months old or if they leave the holding of birth before that age. The geographical zones and breeds to
which the system may be applied are specified;

 animals belonging to Bison bison spp. kept in such farming conditions where calves always stay close
to their mother until they are separated at the age of nine months at the latest. The eartags shall be
applied when the calves are separated from their mothers, and in any case before they are nine
months old or if they leave the holding of birth before that age.

These extensions shall not affect the quality of the information provided by the national database for
bovine animals.

No derogation from the identification requirements for animals in nature reserves is foreseen in Regulation
(EC) No 1760/2000. Hence the Member States are obliged to implement the provisions of the said
Regulation for such animals. Following the foot and mouth disease crisis the Commission has carried out a
thorough examination of all the contributory factors, and it is not the intention of the Commission at this
stage to propose further amendments to Regulation (EC) No 1760/2000.

Finally, all Community rules concerning food safety (animal products) as well as concerning the welfare of
animals (transport) are fully applicable to animals kept in nature reserves for which there are no
derogations. The Commission does not envisage submitting new proposals.

(1) OJ L 204, 11.8.2000.