WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP IN I1/EEC/1 
31 March 1995 
(95-0770) 
Original: EnglishlFrench/Spanish 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
EUROPEAN COMMUNITIES 
The following communication from the Permanent Delegation of the Commission of the European 
Communities, dated 17 March 1995, has been received with the request that it be circulated to the 
Members of the Council for TRIPS. 
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual 
Property Rights, I hereby have the pleasure of notifying to the Council for TRIPS the implementation 
measures taken by the EC pertaining to the subject matter of this Agreement. 1 
Council Regulation (EC) N· 3288/94 of 22 December 1994 amending Regulation 
(EC) N· 40/94 on the Community trade mark for the implementation of the agreements 
concluded in the framework of the Uruguay Round. 
Council Regulation (EC) N· 3290/94 of 22 December 1994 on the adjustments and 
transitional arrangements required in the agricultural sector in order to implement the 
agreements concluded during the Uruguay Round of multilateral trade negotiations, 
with particular reference to Article 1 and 2 and Annex XVI on wine. 
Regulation (EC) N· 3378/94 of the European Parliament and of the Council of 
22 December 1994 amending Regulation (EEC) N· 1576/89 laying down general rules 
on the definition, description and presentation of spInt drinks and 
Regulation (EEC) N· 1601 /91 laying down general rules on the definition, description 
and presentation of aromatized wines, aromatized wine-based drinks and aromatized 
wine-product cocktails following the Uruguay Round of the multilateral trade 
negotiations. 
Council Decision of 22 December 1994 on the extension of the legal protection of 
topographies of semiconductor products to persons from a Member of the World Trade 
Organization (94/824/EC) extending the scope of application of Directive 87/824/EEC 
on the legal protection of semiconductor products. 
IThe European Community has informed the Secretariat that the complete texts of Community Regulations and Directives 
that pertain to the subject matter of the TRIPS Agreement will b(: nOliiied in Jut.: (l".If:'\:. in accordance with the procedures 
to be adopted by the TRIPS Council for giving effect to Article 63.2 of the TRIPS Agreement. IP/N/l/EEC/l 
Page 2 
of 22 Dc(cmbcr 1494 
3llH.'nding Re~uL.ttion IEC) :'\0 40/94 on (he ComrnuullY (f.llk mark for the 
impkl11entation of the agrcemcnts ((mcludcd in the fr;.1lllcwnrh. of rhe L'rugU;l\" Round 
H.l \'Il1~ rC;.!:!fJ co the TrcJty establishing rhl' Europ(,~1Il 
Community. JnJ in pJrtlCulJr Article 235 thereof. 
I-b\'in~ regarJ to the proposal from the Cummission. 
H,l\il1.~ rl';,!JrJ to the OpInion of the EuroPl';1I1 
r.Hii.lmCTlt :: '. 
\\'hereas the Agreement establishing the \X'orld Trade 
Org;lnizatiol1 (hereinafter, the '\XrrO Agreement') was 
signed on bch31f of the Community; whereas the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights (hereinafter, the 'TRIPs Agreement'), 
annexed to the \XTfO Agreement, contains detailed 
provisions on the prorection of intellectual property 
rights whose purpose is the establishment of inrcrnJtional 
Jisciplines in this area in order to promote international 
trade and prevent trade distortions and friction due to 
the lack of adequate and effective inrellectual property 
protection; 
\X'hereas in order to ensure that all relevant Community 
legislation IS in full compliance with the TRIPs 
Agreement, the Community must take certain measures 
in relation to current Community acts on the protection 
of intellectual property rights; whereas these measures 
entail in some respects the amendment or modification of 
Community acts; whereas these measures also entail 
complementing current Community acts; 
\,\'hereas Regulation (EC) ~o 40194 creates the 
Community trade mark (~); whereas Article 5 of 
Regulation (EC) No 40194 defines the 'Persons who can 
be proprIetors of Community trade marks' by referring 
notably to the Paris Convention for the protection of 
indusrriJ.l property and requires reciprocal national 
treatment from countries \vhich arc not parties to the 
Paris Convention; where3s Article 29 of ReguiJ.tion (EC) 
~o 40/94, concerning the right of priority, also needs to 
be amended in this respect: whereas in order to comply 
with the national treatment obligJtion in Article 3 of the 
TRIPs Agreement, these provisio'ns should be moJified to 
Opinion delivered on 14 Dccemher I 'J94 (not yet published 
In the Official Journall. 
i:J OJ ~o L 11, 14. 1. lY94. r. 1. l'llSlll'l: th,H 11.HII1:l.1i, Id .lil \\"T~) \lclllhcrs, C\· .. ·tl it rbc 
\kmher In ,1~1l"ti\)Tl l' nor .1 parry to thc PHIS 
C()Jl\'t?nrinll. rl'~t'l\ l' .1 lfl·.llIl1l'l1I l10 less I:l\'OUL1hk dUll 
{hat JccnrJc,i t,) tl.ni()I1al.., ot (:ol11l11unity \ kmbcr 
Sl3tl'S; 
\X!hereJs Arti~'k 2.1 .2 \ of the TRIPs Agreement provides 
for the retus;] I tH 1Jl\'alid;ltio!1 of trade marks which 
(ontJiIl or ~otlsisr ot false geographical indications for 
wines and -;pirir:; \\idl( lllf the conditioll th:u they arc of 
such a n,J[UfC .h {\) dl'(L'I\'c thc public. j new 
suhpar;lgr:lrh li" h.1:--tn lw ;ldlkd to Arril"lc "7 (1) nf 
Regul3tioll lEe, :"() 411/';14. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation I EC) ~o 40/94 is amended as follows: 
1. Article 5 (1) (b) shall be replaced by the following: 
'(b) nationals of other States which are parties to the 
Paris Convention for the protection of industrial 
property, hereinafter referred to as 'the Paris 
Convention', or to the Agreement establishing 
the \Vorld Trade Organization;' 
2. Article 5 (1) (d) shall be replaced by the following: 
'(d) nationals. orher than [hose referred to under 
subrarJgrJph (c), of any State which is not parry 
to the Paris Convention or to the Agreement 
estJblishing the World Trade Organization and 
whi..::h. according to published findings, accords 
to natiOluls of all the Member States the same 
prOtection for trade marks as it accords to its 
o\\'n Il3tionals and, if nationals of the JVlember 
Stares are required to prove registration in the 
counrn' of origin, recognizes the registration of 
COmmllnlt~· trade marks as such proof.' 
3. In Artl~jC ~ (I) Jfter suhp:1ragraph (i) the following 
shall he JJJed: 
'(j) traJe marks tor \\'inc~ which contain or consist 
of ,t gco)!,rJphic:11 indication iJentlfying wines or 
fnr spirits which COntJII1 or consist of a geographical indication identifying spirits with 
respect to such wines or spirits not having that 
origin.' 
4. Article 29 (t) shall be replaced by the following: 
'1. A person who has duly filed an application for a 
trade mark in or for any State party ro rhe Paris 
Convention or to the Agreement establishing the 
World Trade Organization, or his successors in title, 
shall enjoy, for the purpose of filing a Community 
trade mark application for the same trade mark in 
respect of goods or services which are identical with 
or contained within those for which the application 
has been filed, a right or priority during a period of 
six months from the date of filing of the first 
application.' IP/N/l/EEC/l 
Page 3 
5. Article 29 (5) shall be replaced by the following: 
'5. If the first filing has been made in a State which 
is not a party to the Paris Convention or to the 
Agreement establishing the World Trade 
Organization, paragraphs 1 to 4 shall apply only in so 
far as that State, according to published findings, 
grants, on the basis of the first filing made at the 
Office and subject to conditions equivalent to those 
laid down in this Regulation, a right of priority 
having equivalent effect.' 
Article 2 
This Regulation shall enter into force on 1 January 
1995. 
It shall be applicable as of 1 January 1996. 
This Regulation shall be binding In its entirety and directly applicable in all Member 
States. 
Done at Brussels, 22 December 1994. 
For the Council 
The President 
H. SEEHOFER IP/N/l/EEC/l 
Page 4 
COU~CIL RECl'LATION \ Eel ;\;0 .U90/44 
of 22 December J 994 
on the adju'itnH.'nts .lnd transitional arrangements required in the agriculture sector in 
onkr {O impkrnent {he .lgreeml'nts concluded during the Uruguay Round of fllulrilatcral 
trade negotiatiom 
H3ying regard w the [rcaty establishing the EuropeJn 
Community. J.nd in PJrticubr Article 43 thereof. 
Having regard to Council Regulation (EEC) ~o 805/68 
• or 27 June 1968 on the (ommon organization of the 
market in beef ;1nJ \·c;11 (I). anJ in p;lrticubr Article 7 
(2) thercoi. 
f-twing rL'prd to the rrop()<;~11 (rom the Commissioll. 
Having regard to the OpInIOn of the European 
Parliament (2), 
\X'hereas the Community has adopted a set of rules 
governing the common agricultural policy; 
\Xlhereas, under the Uruguay Round of multilateral trade 
negotiations, the Community has negotiated various 
agreements (hereinafter referred to as the 'GAIT 
agreements'); whereas several of those agreements 
concern agriculture, in particular the Agreement on 
Agriculture (hereinafter referred to as 'the Agreement'); 
whereas the concessions relating to domestic support can 
be complied with by setting prices and aid at a suitable 
level and specific provisions need not be laid down on 
this subject; whereas the Agreement lays down a six-year 
timetable for the extension of access to the Community 
market for agricultural products from third countries o~ 
the one hand and the gradual reduction In support 
granred by the Community on exports of agricultural 
products on the other hand; whereas the agricultural 
legislation on trade with third countries should be 
adapted accordingly; 
Whereas, by converting all the measures restricting 
imports of agricultural products into customs duties 
(rarification) and by prohibiting the application of such 
measures in rhe future, the Agreement requires the 
abolition of variable import levies and of the other 
measures and imporr charges currently provided for 
under the market organizations; whereas the rates of 
customs duty applicable to agricultural products in 
accordance with the Agreement are to be fixeJ in the 
()) OJ No L 148, 28. 6. 1969, p. 24. Regulation as last 
amended by Regulation (EC) ~o U~g4/94 (OJ No L 197, 
30. 7. 1994, p. 27). 
(21 Opinion delivered on 14 December 1994 (not yet pub.lished 
in the Official journal). CumlTIOI1 Customs Tariff; whereas, hO\\'l'\·CI", tor ,:crtJin 
proJuct groups sllch as cereals, rice. wlIle and fruit and 
vegetables, the introduction of supplemenrary Of other 
trade mechanisms that do not involve the colh:rion of 
fixed customs duties calls for the adoption of rules 
providing for derogations in the basis regulations; 
\vhercJ.s, in addition, the measures to protect the 
Community market against imports of dried grapes and 
processed cherries can, under the Agreement on 
Safeguards. be maintained for a period of fi\·e years; 
whereas, moreover, in order to avert problems of supply 
to the Community market, thc suspcnsion of customs 
duties on cen~lin sugar prodUCts should be permitTed; 
Whereas, in order to maintain a m1l11mUm level of 
protection against the adverse effects on the market as a 
result of t.arification, the Agreement permits the 
application of additional customs duties under precisely 
defined conditions but only to products subject to 
tarification; whereas the corresponding provisions should 
accordingly be inserted into the basic Regulations 
concerned; 
Whereas the Agreement provides for a senes of tariff 
quotas under arrangements for current and minimum 
access; whereas the conditions applicable to such quotas 
are spelled our in detail in the Agreement; whereas, in 
view of the large number of quotas and in order to 
ensure thar they are implemented as effectively as 
possible, the Commission should be responsible for 
opening and administering them using the management 
committee procedure; 
Whereas the amendments resulting from the framework 
agreement on bananas concluded with certain countries 
in South America under the Uruguay Round should be 
incorporated in Council Regulation (EEC) No 404/93 of 
13 February 1993 on the common organization of the 
market in bananas (\); 
\X1hereas, since the Agreement of Safeguards lays down 
clear rules on the application of protective clauses as 
e) OJ ~o L .. r7, 25. 2. 1993, p. 1. Regulation as last amended 
by Commission Regulation (EC) No 3518/93 (OJ ~o L 320, 
22.12.1993, p. 15). incorporated in the m .. uket orgal1lZJoons, such clauses 
should be supplemented by a reference to the obligations 
flowing from international agreements; 
Whereas in its trading relations with third countries not 
subject to the GAIT agreements the Community is not 
bound by the constramts on access to the Community 
market arising therefrom; whereas. in order to ensure 
that the necessary measures ma~· be taken where 
applicable with regard to products from such countries, 
the Commission should be given the relevant powers, to 
be exercised through the management committee 
procedure; 
Whereas, by virtue of the Agreement, the granting of 
export subsidies is limited henceforward to certain groups 
of agricultural products defined therein; whereas, in 
addition, it is subject to limits in terms of quantity and 
value; 
Whereas compliance with the limits in terms of value can 
be ensured at the time when refunds are fixed and 
through monitoring of payments under the rules relating 
to [he EAGGF; whereas monitoring may be facilitated by 
the compulsory advance fixing of refunds, while allowing 
the possibility, in the case of differenti.lted refunds. of 
changing the specified destination; whereas, in the case of 
a change of destination, the restitution 3pplic3 ble to the 
actual destination should be paid, with a ceiling at the 
level of the amount applicable to the destination fixed in 
advance; 
Whl'rL'<ls monitoring of «>I1str.lInr~ In terms of quantity 
calls for the introduction of a rdiJblt: .wd effective 
system of monitoring; \.vhl'feas, t() thJt cnd. the: granting 
of refunds should be made subject to an exporr licence; 
whereas refunds should he granted lip to the limits 
available, depending on the parricular situ.ltion of each 
product concerned; whereas exceptions to that rule (an 
only be permitted in the case of processed products not 
listed in Annex II to the Trean·. to which limits in value 
do not apply, and in the case of tood-aid operations, 
which are exempt from ;lIlV limiuti(ln: whl'rt.'as provision 
should be madl' tor dcrogatlons trol1l striCt compll .. lllce 
\vith management rules where n:pllrrs hel1l'fiting from 
refunds ~lrt.' not ld.;eh to l'xcl'l'd till.: 111111[S I!l qu.llHlrv hid 
down: wht:re.ls IlI<HlJ(nrlllg (It rh,-· qll.IIH![lt'''' L'xported 
wlrh rL'tllnd'o dUring rhl..' 11l.lrb·t"l~ \':.Ir'o rdnrcd to ill rhe 
Agn:uTll'nr (In he (;lITIl'll (HI[ ,'11 lill' /-.hl'o (It l·'r( Irt 
liccllce ... IS'oul·d t(lr l·.h:h rll.lrkl'rll\~ \, . .lr; 
Wherc;!s, III l1\o.,r ()t rhl' l:()1Il1l1<1t1 ~lrg.lllll..ltl(\l1" ot rhe 
markct, the cxclusion fr()m rCC(lLJr"l' [(; rhL' .lrrangl'Illl"l1ts 
for inward proccs.,mg rr .. lffic Llll .. l':x(luslvely \. .... I~hll1 rhe IP/N/l/EEC/l 
Page 5 
competence of the Council; whereas in the economic 
condirions arising under the Agreement, it could prove 
necessary to react rapidly to market problems arising 
from the application of the said arrangements; whereas in 
that regard competence should be conferred on the 
Commission to adopt urgent measures which are limited 
in time; whereas those measures should be subject to the 
application of the procedure laid down in Article 3 of 
Council Decision 871373/EEC of 13 July 1987 (!); 
Whereas compliance with the Agreement on 
Trade-Related Aspects of Intellectual Property Rights 
must also be ensured; whereas. to that end. the requisite 
stipulations must be inserted into Council Regulation 
(EEC) ~~o 822/87 of 16 .March 1987 on the common 
organization of the market in wine (2); 
Whereas, in the wake of the amendments to the 
legislation on agriculture provided for in this Regulation. 
many Council Regulations deriving fro'm the basic 
regulations no longer serve' any purpose; whereas, for the 
sake of legal clarity, they should be repealed; whereas 
certain provisions which have lapsed although they are 
not directly connected with the GAIT agreements should 
also be repealed; whereas it is the same for certain 
Council Regulations referred to as 'second generation' 
which may for the most parr be incorporated in the basic 
regulJtions in question; 
\Vhereas, however, it has not been possible to integrate 
the existing general rules of the Council on the 
application of the safeguard clause in the basic 
regulations; whereas in the light of the importance of the 
amendments rendered necessary in that area follO\ving 
the CA IT agreements, the regulations in question mav 
nor be maintained; whereas they should therefore ~e 
repealed. while providing the legal bases to enable their 
repL1cl'ml'nt; 
\Vhl'reJs application of the Agreement on agriculture 
could be jeopardized if the internal procedures to be lIseJ 
differed substantially between different sectors; where.ls. 
for that reason, it is desirable to make those procedures 
uniform; 
\Vhereas adoption by the Council ot generJI 
imrkmt:nting rules has in the PJ~t made It pO'isible to 
provide ;In Jdequate framework for rhe more specifIC 
rules necessary for managin~ rhe markers; whert:.l::> 
impiL-rnL'nr.ttion (If the said :\grt'l'lT1t:nt on .-\~ri(lIlrurt: 
,huuld nor .:all into qUl'stio;l the mt'chJnl~m'i ,ll1J 
~'rocl'Jurl''o tor mJn;lgtn~ rhe comm()n .I~rJ(lllrllr.l! 
p(,!i,:\,; 
: \ U J :\(\ 1. Ill~. I s. ~. I ~S-, p. n 
i-I (1) :\,) I :-:4. 2~. 3. 19S-:-. p. I. Rq,~ulJrlOIl .1" i.ht .1Ilh·nJeJ 
b\ f{cgllLHlon IEEc) No IX91!Y4 (OJ :\() l. IY-. ,(). -. 
1l}94. p. 42). lP/N/l/EEC/l 
Page 6 
\'fhereJs It will he useful to analyse. at a Luer sugc. r-orh 
tn't' functioning of the ~lrr~lngements set lip by this 
Re-guLuion ~lnd the expenence Jcquired with the 
measures taken by third countries tor the implementation 
of the G.-\ TT agreemcnts~ whereas to that dfeer. upon 
expiry of the first two ye;.us of application of this 
Regulation. the Commission should present a report to 
[he Council and the Europe;m Parliament; 
WhereJs the switch-over from the existing Jrrangements 
to those resulting from the GATT agreements may give 
rise to difficulties of adaptation which are not dealt with 
in this Regulation; whereas. in order to deal with that 
eventualit)·: a general provision should be included 
enabling the Commission to adopt the transitional 
measures necessary for a certain period, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation' lays down the adaptations and 
transitional measures required in the agricultural sector in 
order to implement the agreements concluded during the 
UKuguay Round of multilateral trade negotiations. 
Article 2 
The adaptations referred to in Article 1, are set out in the 
Annexes hereto. 
Article 3 
I. Where tr:msitional measures are necessary under the 
c«()mmon agricultural policy in order to t3cilitate the 
switch-over from the existing arrangements to those 
resulting from the requirements of the agreemenrs 
referred to in Article 1, such measures shall he adopted in 
Jc.:cord.1nce with [he procedure laid down in :\rtide 38 of 
Regulation ~o 1 36166/EEC (I) or. as appropriJte, the 
corresponding Articles in the other Regulations on the 
cc,mmon organization of agricultural In:lrkets. or in 
Regulation (EC) \:0 .3448/93 (2). 
~nl'n ,)lIch rnea'>un:s ~He adoptcd. ~1CCOllnr sh,ll1 be taken 
or the spcclal features of the v;lriollS agricllltur;ll sectors, 
ha\'in~ due regard to the obligations arislf1g trom the 
agreemenrs rctrrrcd to in Article 1. 
i ') OJ ~o 1'72, 30. 9. 1966, p. 3025/66. 
('1 OJ No 1. 318,20.12.199.3, p. IS. 2. The mcasures referred [() in paragraph· 1 may bc 
Jdoptcu during J period expiring on 30 June 1996 and 
shall not ,1 ppl} oeyond that d~1te. The Council. acting by 
a qualiticd majority on J proposal from the CommIssion. 
may cxtend that period. 
1. W'here, in view of the special circumstances affecting 
an agricultural product. compliance with the 
reqUIrements on export suppOrt under the agreements 
referred to in Article 1 can be assured by means having a 
lesser effect than those provided for to that end, the 
Commission may exempt that product from the 
application of the provisions on export refunds covered 
by this Regulation. 
2. Without prejudice to the proVISIons of this 
Regulation, the Commission may take any measures 
necessary to protect the Community market against 
imports of agricultural products from third countries 
towards which the Community has no obligations under 
the agreements referred to in Article 1. 
3. Measures pursuant to paragraphs 1 and 2 shall be 
adopted in accordance with the procedure set out in 
Article 3 (1). 
Article 5 
The Commission shall submit a report to the Council and 
to the European Parliament before 30 June 1997 on the 
operation of the arrangements resulting from this 
Regulation and on the experience acquired with the 
measures taken by third countries to implement the 
agreements concluded during the Uruguay Round of 
multilateral trade negotiations. 
The CuunL'11. acting on a proposal from the Commission 
in accordance with the procedure laid down in Article 43 
(2) ot the T rl..';HY. will dccide on any amcndmenrs arising 
out ot the results and conclusions of that report. 
Article 6 
1. This Regulation shall enter into force on 1 January 
1995. 
2. It .... 11;1/1 ~lpply trom 1 July 1995. 
HowL'vL'r: 
(a) :\nick ~ .llld Article 4 (2) shall apply from 1 .Janllar~' 
Il)l), . 
(b) rhL' prm'isions bid down in rhe Annexes on import 
duril'.'i .lnd ~lJditi()llal import Juties which apply to 
produ.:r.. listl'd in Annexes XIII and XVI for whi~h ;]n 
cnrrv pfI(e IS applKablt: shall apply during 1995 as 
from rht: commencement of the marketing year for 
rhe pwJU(ts concerned in 1995; (c) the provisions on export refunds shall apply: 
as from 1 September 1995 as regards Annexes II 
and XVI, 
as from 1 October 1995 as regards Annex IV, IP/N/l/EEC/l 
Page 7 
as from 1 November 1995 as regards Annex V; 
(d) the provisions laid down in Annex XV shall apply as 
from 1 January 1995; 
(e) the provisions laid down in Annex XVI, 1.2, shall 
apply as from 1 January 1996. 
This Regulation shall be binding in its entirety and directly applicable In all Member 
States. 
Done at Brussels, 22 December 1994. 
For the Council 
The President 
H. SEEHOFER IP/N/l/EEC/l 
Page 8 
Annex I 
Annex 11 
Annex 1II 
Annex IV 
Annex V 
Annex VI 
Annex VII 
Annex VIII 
Annex IX 
Annex X 
Annex XI 
Annex XII 
Annex XIII 
Annex XIV 
Annex XV 
Annex XVI 
Annex XVII 
Annex XVIII 
Annex XIX 
Annex XX 
Annex XXI 
Annex XXII CEREALS 
RICE 
DRIED FODDER 
SUGAR 
OILS AND FATS 
FLAX AND HE~lP 
MILK PRODUCTS 
BEEF AND VEAL LIST OF ANNEXES 
SHEEP~lEA T AND GOA TMEA T 
PIGMEAT 
POULTRYMEAT 
EGGS, OVALBUMIN AND LACTALBUMIN 
FRUIT AND VEGETABLES 
PROCESSED FRUIT AND VEGETABLES 
BANANAS 
WINE 
TOBACCO 
HOPS 
LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT 
FLOWERS AND ORNAMENTAL FOLIAGE 
SEEDS 
MISCELLANEOUS REGULATIONS 
THE OUTERMOST REGIONS ANl\'f.X X VI 
~'lNE IP/N/l/EEC/l 
Page 9 
I. Cuucil RC,1!u/';/:OIl IF/·T' .\.,. \22/8-: II! f()\brch 1987 (01 .\'0 I. ,\4. 27." 198'7. p. 1). LlS l.1it 
amendeJ fry J\e,l!.Uf.lti()ll d·/( '·'1 IS'JIN4 {Of NI) L 19i. ,n. -. 1<)94. p. 42) 
I. Tide IV is rcpla .. :cJ In I h(.' r"rl("owing: 
'TITLE IV 
Trade with third countries 
Artide 51. 
1. Imports into the COI11ITIUllm' of any of the products listed in Article I (2) (a) and (b) shall be 
subject to presenra£l.m ot all import licence. Imports into the Communin' of any other produ .. :ts 
listed in Article 1 i2 i :llld e,!,orrs from the Community or any products listeJ in Article 1 (2) may he 
subject co presenration of :10 import or export licence. 
2. Licences shall he I".;ued Iw \ 1emher St:ltes to aO\' aprlicanr. irrcspectivc of his place of 
establishmenr in the Community and without prejudice co measures taken for the applICation of 
Articles 55 and 56. 
Licences shall be valid throughout the Community. 
Such licences shall be issued subject to the lodging of a security guarameeing that the products are 
imported or exported during the term of validity of the licence; save in cases of force ma;eure, the 
security shall be forfeited in whole or in part if import or export is not carried out, or is only carried 
out partially, within that pettod. 
3. The following shall be adopted in accordance with the procedure laid down in Article 83: 
(a) the list of products in respect of which import or export licences are required; 
(b) the term of validity of the licences and other detailed rules for the application of this Article. 
Article 53 
1. Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall 
apply to the products listed in Article 1. 
2. For musts falling within CN code 2204 30 for which application of the duties in the Common 
Customs Tariff depends on the import price of the product imported, the accuracy of that price shall 
be checked by means of a flat-rate import value calculated by the Commission depending on the 
origin and product on the basis of the weighted average prices for the products in question on 
Member States' representative import market or on other markets where applicable. 
Where the declared entry price of the consignment in question is higher than the flat-rate import 
value. increased oy a margin set in accordance with paragraph 3 which may not exceed the tlat-rate 
value by more than 10 %, the lodging of a security equal to the import duties determined on the 
basis of the flat-rate import value shall be required. 
If the entry price of the consignment In question IS not declared at rhe rime of cusroms clearance, the 
application of the rares ot dutv in the Common Customs T ariif depends on the fbt-rate import value 
or the appllc.nion of the rde\'ant provisions of customs legislation under conditions to be determined 
in accordance with paragraph 3. 
3. The derailed rules for the application of thiS Article shall be adopted in accordance with the 
procedure laid down in Articl.: S3. Such detalk,d rules shaH indude the provisions necessary for the 
wrdication of Import prk·CS. 
I. In order to prevent lH COUlltt:r;l(t adverse effeers on the markt,t in the Community which may 
n:sulr from imports of cl'rtaln products listed in Article 1. imports of one or more oi such products lP/N/l/EEC/l 
Page 10 
at the Lite III dun hlJ .. lo\\'n III ,\m.:k I () -;h~11I he suhject to payment of .111 .1ddlllOnal import Jun' 
If thl' ()Ildlllllll~ set (lilt 111 :\rtkit- ;; III the A~rl'ell1l·llt on A~rKul{urc 1.:llnClllJeJ in al.:cordancl' with 
:\rtick 22S III rill' Tn:an' III thl' lr.ltlleWork of the Uruguay l~ounJ of multilateral trade negotiations 
ha\'e be,en fulfilled unless the imports arc ul1JiL.:cly to disturb the Community market. or where the 
effects would he disproportion:lte to the intended objective. 
2. The tTl~gl'r rricc~ heiO\\' \\'hKh an ;ldditional import duty may he imposed shall be those 
torw;HdeJ In-the Community to the WorlJ Trade Or~anization. 
The tri~g.er \'olulnes which mllst he exceeded for an additional import dun' to he imposed shall he 
determined In p;UTlClI);U 011 thi.' h.1Sis oi Community imports ovl'r the rhn'c years preCt'din~ the year 
In v .. ·hich the aJvcrse etfe,,·ts rdcrred re in paragraph 1 have occurred or are likely to occur. 
3. The import prices to he taken into account for the imposition of all .ldditional import duty shall 
be determined on rhe basis of rhe cif import prices of the shipment concerned. 
The cif import pril'l's shall he verified for this purpose on the basis of representative prices for the 
product in qucstion on rhe world market or on the Community import market for the product. 
4. The Commissioll sh;lll adopt derailed rules for the applicarion of this Articlc in accordance with 
the procedun: bid Jo\\'n 111 rhe Arride 83. Such detailed rules sh.111 spl.'cify in particular: 
(;1) the produ..-ts to which additional import duties sh.111 be applied. in accordance with Article 5 of 
the Agreelll.:nr on Agriculturc: 
(b) the other criteria necessary for application of paragraph 1 in accordance with Article 5 of the 
sa id Agreement. 
Article 55 
1. To the extent necessary to enable the export of: 
(a) products listed in Article 1 (2) (a), (b) and (c); 
(b) sugars falling with CN code 1701, glucose and glucose syrup falling within CN codes 1702 30 
91, 1702 30 99, 1702 40 90 and 1702 90 50, including in the form of products falling within 
CN codes 1702 30 51 and 1702 30 59, incorporated into products falling within CN codes 2009 
60 11, 2009 60 71, 2009 60 79 and 2204 30 99; 
on the basis of prices for those products in international trade and within the limits resulting from 
agreements concluded in accordance with Article 228 of the Treat)', the difference between those 
prices and prices in the Community may be covered by export refunds. 
2. For the allocation of the quantities which may be exported with refunds, the method shall be 
established which: 
(a) is the best suited to the nature of the product and to the situation on the market in question, 
enabling the most efficient use possible to be made of the available resources, and having regard 
to the efficiency and structure of Community exports without, however, creating discrimination 
between large and small operators; 
(b) is the least cumbersome administratively for operators, having regard to management 
imperatives; 
(c) precludes discrimination between the operators concerned. 
3. Refunds shall be the same for the whole Community. They may vary according to destination 
where the situation on the international market or the specific requirements of certain markets make 
this necessary. 
The refunds referred to in paragraph I (a) shall be fixed in accordance with the procedure laid down 
in Article 83. They shall be fixed at regular intervals. 
Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the 
Commission at the request of a Member State or on its own initiative. 
The provisions of Article 56 regarding the products referred to therein shall apply on a 
supplementary basis. IP/N/1/EEC/l 
Page 11 
4. Refunds shall be granred only on application and on presenration of the relevanr export 
licence. 
5. The refund applicable to exports of products listed in Article 1 shall be that applicable on the 
day of application for the licence and, in the case of a differenriated refund, that applicable on tbe 
same day: 
(a) for the destination indicated on the licence or, if appropriate; 
(b) for the actual destination, if it differs from that indicated on the licence. In that case the amount 
applicable may nor exceed the amounr applicable to the destination indicated on the licence. 
Appropriate measures may be taken to preclude abuse of the flexibility provided for in this 
paragraph. 
6. Paragraphs 4 and 5 may be waived in the case of products listed in Article 1 on which refunds 
are paid under food-aid operations, in accordance with the procedure laid down in Article 83. 
7. Compliance with the limits on volumes arising from agreements concluded in accordance with 
Article 228 of the Treaty shall be ensured on the basis of the export certificates issued for the 
reference periods provided for therein and applicable to the products concerned. With regard to 
compliance with the obligations arising under the Agreement on Agriculture, the ending of a 
reference period shall not affect the validity of export licences. 
With regard to compliance with the obligations arising under agreements concluded in the 
framework of the Uruguay Round of trade . negotiations, the ending of a reference period shall not 
affect the validity of export licences. 
8. Detailed rules for the application of this Article, including provIsions on redistribution of 
unallocated or unused exportable quantities, shall be adopted in accordance with the procedure laid 
down in Article 83. 
Article 56 
1. This Article shall apply to the refunds referred to in Article 55 (1). 
2. The amounr of the refund for products referred to in Article 55 (1) (b) shall be: 
in the case of raw sugar and white sugar, the amounr of refund for export of these products 
un processed as fixed in accordance with Article 17 of Council Regulation (EEC) No 1785/81 of 
30 June 1981 on rhe common organization of the market in the sugar sector and with the 
provisions adopred tor its applil.:ation; 
in the case of gluwsl! and glucose syrup, the amount of the refund for expon of these products 
unprOl.:essed as fixed for eal.:h of rhese products in accordance wirh Article 13 of Council 
Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in 
cereals and with the provisions adopted for its application. 
To qualify tor the refund. processed products must. on export, be accompanied by a declaration 
from the appliclOt indiclting the amounts of raw sugar, white sugar, glul.:ose and glucose syrup used 
in there manufacture. 
The accuracy of this Jcc.:laration shall be subject to checks by the competent authorities of the 
Member State concernl!d. 
3. The following sh.dl ht.' taken into account when refunds are being fixed: 
(a) the existing situation ~lIld likely trends with regard to: 
prices and J".libbility of the products listed in Article 55 (1) on the Community market; 
world market prices for those products; 
(b) the most advantageous marketing and transport costs from the Community markets to the ports 
or other t.'xport POIIHS of the Community as well as the costs of shipment to the country of 
Jcstin.won; 
(c) the objCl.:ti\'e~ ot thl' common organiz41tion of the market in wine, which are to ensure balance on 
the market and natural Jevelopment in respect of prices and trade; lP/N/l/EEC/l 
Page 12 
(d) limits arising out of agreements concluded in accordance with Article 228 of the Treaty; 
(e) the net'd to avoid disturbances on the Community market; 
(f) the economic aspect of the proposed exports. 
4. Community market prices referred to in Article 55 (1) shall be determined on the basis of the 
most advantageous export prices. 
The following shall be taken into account the prices in international trade referred to in Article 55 
( I) are being determined: 
(a) prices recorded on third-country markets; 
(b) the most advantageous prices in third countries of destination for imports from third 
countries; 
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of 
subsidies granted by those countries; 
(d) free-at-Community-frontier offer prices. 
5. Without prejudice to the third subparagraph of Article 55 (3), the intervals at which the list of 
products for which a refund is actually granted is to be fixed and the amount at which that refund is 
to be fixed shall be determined in accordance with the procedure laid down in Article 83. 
6. The refund shall be paid upon proof that the products: 
are of Community origin, save where paragraph 7 applies; 
have been exported from the Community, and 
in case of a differentiated refund, have reached the destination indicated on the licence or another 
destination for which the refund was fixed, without prejudice to Article 55 (5) (b). However, 
exceptions may be made to this rule in accordance with the procedure laid down in Article 83, 
provided that conditions are laid down which offer t'quivalent guarantees. 
Additional provisions may be adopted in accordance v.rith the procedure laid down in Article 83. 
7. No export refund shall be granted on products imported from third countries and re-exported to 
third countries, unless the exporter proves that: 
the product to be exported and the product previously imported are one and the same; 
import Juries have been collecred on import:ltion, 
In such cases rhe rdund on each product shall be ""qual to rht: Juries collected on importation where 
rhese arc equal to or lower rh;)n rhe refund arrli ... ahk: where the duties collected on importation are 
higher rh:w the refund applicable. the refund shall l'qU~11 rhe.' I.mer. 
I. To the extend nt'cessary tor the proper .. vorking ot rht: common org:tnization of the market in 
wine, the COUOl.:il, auin); on a proposal trom the CommiSSIOn In accordance with the voring 
procedure set out in Article 43 (2) of the Trean', n\;1\' In p'HticulM cases prohibit the use of inward 
processin); arrangemenrs wholly or partially in rt:spect nt thL' products li')tcd in Article 1. 
2. B~' W~ly of derogation trom raragr:1ph 1. It tht: ."ifll,1tIOIl rdt'rn:d ro in that par3~raph occurs with 
particular urgency and if the Community marl.:d IS. or I~ Ilk~'ly to he. disturhcd hy olltward or 
inward processin); arran~emt'nts. the Commission ~h;lIL .If the rl'ljUt'st of a \-\cmher State or on its 
own initiative. decide upon the necessary me,l~url'S; tht' C(llllh.:d .\IId the :\.·It'mht'r States shall be 
notified of ~uch measures, the period of v"lldiev ot whl.:h m.l\" not exceed six months 'lno which 
shall apply immediately. It the Commission rL'ceives .1 rt'qlll"~t trOnl .] ;\tlcmbcr State, it shall take a 
dccisl(m thereon within one .... :eek of receipt ot the rL'que-;r. 
J, The Cornmission's deciSion ma,' he referred to thL' COllll.:i1 h ... <lny Y1embcr Stare within onc 
wt'cl.: ot tht: dav on which It W.lS ru;titied. The CourlL'd .. h.:til1~ lw a qualified majority, mav conhrm, 
amend or Jnn~1 the CornrmsslOn's deoslon. If the COlln\.:tI has nor reached a deCIsion within three 
months. the CommIssion \ deCIsion shall be deemed to ha ve been repealed, Article 58 lP/N/l/EEC/l 
Page 13 
1. The general rules for rhe interpretation of the combined nomenclature and the special rules for 
its application shall apply to the classification of products covered by this Regulation; the tariff 
nomenclature resulting from the application of this Regulation shall be incorporated in the Common 
Customs Tariff. 
2. Save as otherwise provided tor this Regulation or pursuant to a provision thereof, the following 
shall be prohibited: 
the levying of any charge having equivalent effect to a customs duty; 
the application of any quantitative restriction or measure having equivalent effect. 
Article 59 
1. The impore of the products referred to in Article I (1) to which alcohol has been added, with the 
exception of those products equivalent to products orig;nating in the Community in respect of which 
such an admixture is permitted pursuant to Article 25 (I) and (2), shall be prohibited. 
2. Detailed rules for the application of this Article, and in particular the conditions for the 
equivalence of products, shall be adopted in accordance with the procedure laid down in Article 
83. 
Article 60 
1. If, by reason of imporrs or exports, the Community market in one or more of the products listed 
in Article 1 (2) is affected by, or is threatened with, serious disturbance likely to jeopardize the 
achievement of the objectives set out in Article 39 of the Treaty, appropriate measures may be 
applied in trade with third countries until such disturbance has ceased. 
In order [0 assess whether the situation justifies the application of such measures, the following in 
particular must be taken in[O account: 
(a) the quantities in respect of which import licences have been Issued or applied for and the figures 
given in the forecast supply balance; 
(b) where appropriate, the scale of intervention. 
The Council, acting on a proposal from the Commission in accordance with the voting procedure 
laid down in Article 43 (2) of the Treaty, shall adopt general rules for the application of this 
paragraph and define the cases in which and the limits within which Member States may take 
interim protectin: measures. 
2. If the situation rdared to in paragraph 1 arises. the Commission shall, at the request ot a 
Member State or in its own iniriative, decide upon the necessary melsures; the ylember States shall 
be notified of such measures, whid'l shall be immediately applicable. If the Commission receives a 
request from a Member State, it shall take a decision thereon within three working days following 
receipt of the requcsr. 
3. Measures decided upon by rhl:! Commission ma\' n(:' rderred to the Coltm.:il by any ~1ember State 
within three working d.lVS of the day on \vhich they were notiiied. The Coun~il shall meet without 
delay. It may, acting by a qualified majority, alllend or :.lnnul the measure In Ljllcstion. 
4. This Artide shall ne applied h::l\'ing rC~;lrd ro the onli~'Hluns .ui~lIlg trom agreements concluded 
in accordance with ;\rrid!..' 22.S (2) ot the Tre;HY. 
Artide to i 
). Imported wine tnrendnl for direct human consumption ,1lId Jcscnbed with the ;.lId of a 
geographical ascription may he eligible. with regard to its marhtlng in the Community and with the 
proviso that rcciprm:itv extsts, tor the control and protection ,lrrangemenrs referred to in Article 16 
of RegulatIOn (EEC) :";0 S231H7 for 4uahty wines produced 111 specified regions. 
2. The proVISIon btd dowll tll paragraph I "hall be implcmcnret.! II\' means of agreements With 
interested third (ounrnes to he m:gonared and concluded 111 ,1I,;cordJncc With the procedure laid 
down in Article 113 ut rhe Treaty. IP/N/1/EEC/1 
Page 14 
3. Detailed rules for the application of this Article shall be adopted in accordance with the 
procedure bid down in Article 83.' 
2. The foHowing is inserted after Article 72: 
'Article 72a 
1. The Member States shall take all necessary measures to enable interested parties to prevent, on 
the terms stipulated in Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual 
Property Rights, the use in the Community of a geographical indication attached to the products 
referred to in Article 1 (2) (b) for products not originating in the place indicated by a geographical 
indication in question, even where the true origin of the goods is indicated or the geographical 
indication is used in translation or accompanied by expressions such as "kind", "type", "style", 
"imitation" or the like. 
For the purposes of this Article, "geographical indications" is taken to mean indications which 
identify a product as originating in the territory of a third country which is a member of the World 
Trade Organization or in a region or locality within that territory, in cases where a certain quality, 
reputation or other given characteristic of the product may be attributed essentially to that 
geographical place of origin. 
2. Paragraph 1 shall apply notwithstanding other specific provIsions in Community legislation 
laying down rules for the designation and presentation of the products referred to in Article 1 (2) 
(b). 
3. Detailed rules for the application of this Article shall be adopted, if necessary, in accordance with 
the procedure laid down in Article 83.' 
3. Annex VII is deleted. 
H. Council Regulation (EEC) No 344179 of 5 February 1979 (OJ No L 54, 5. 3. 1979, p. 67) 
Council Regulation (EEC) No 345179 of 5 February 1979 (OJ No L 54, 5. 3. 1979, p. 69) as amended 
by Regtthltioll (EEC) No 2009181 (OJ No L 195, 18. 7. 1981, p. 6) 
The above Regulations are repealed. IP/N/l/EEC/l 
Page 15 
REGULA TION (EC) No 3378/94 OF THE EUROPEAN PARLIAMENT AND 
OF THE COUNCIL 
of 22 December 1994 
amending Regulation (EEC) No 1576/89 laying down general rules on the definition, 
description and presentation of spirit drinks and Regulation (EEC) N<.> 1601~91 laying d~wn 
general rules on (he definition, description and presentation of aromauzed WlOes, aromatized 
wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of 
the multilateral trade negotiations 
THE EUROPEAN PARLIAMENT AND THE COUNCIL 
OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular, Articles 43 and 100a 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the Economic and 
Social Committee (1), 
Acting in accordance with the procedure referred to in 
Article 189b of the Treaty (2), 
Whereas Regulation (EEC) No 1576/89 (3) and Regu­
lation (EEC) No 1601191 (4) lay down general rules for 
the definition, description and presentation of spirit 
drinks, aromatized wines, aromatized wine-based drinks 
and aromatized wine-product cocktails; whereas in 
order to take account in the said Regulations of the 
obligations arising, in particular, from Articles 23 and 
24 of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights, which forms an integral 
(1) Opinion delivered on 24 November 1994 (not yet published 
in the Official Journal). 
(2) Opinion of the European Parliament of 13 December 1995 
(OJ No C 369, 24. 12. 1995, p. 1), Council common 
position of 13 December 1994 (not yet published in the 
Official Journal) and Decision of the European Parliament 
of 15 December 1994 (nor yet published in the Official 
Journal). 
(3) OJ No L 160, 12.6.1989, p. 1. Re~ulation as last amended 
by Regulation (EEC) No 3280/92 (OJ No L 327,13.11.992, 
p.3). 
(4) OJ No L 149, 14.6.1991, p. 1. Regulation as bst amended 
by Regulation (EEC) No 3279/92 (OJ NoL317, 13.11. 1992, 
p. 1.). part of the Agreement establishing the World Trade 
Organization, provision should be made therein for the 
parties concerned to prevent, under certain conditions, 
the unlawful use of geographical designations protected 
by a third country member of the World Trade Organiza­
tion, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
1. The following Article shall be inserted after Article 
11 of Regulation (EEC) No 1576/89: 
'Article 11 a 
1. Member States shall adopt all measures necess­
ary to permit those concerned to prevent, under the 
conditions laid down in Articles 23 and 24 of the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights, the use withinthe Community of a 
geographical designation identifying products 
covered by this Regulation for products which 
do not originate in the place referred to by the 
geographical designation in question, including in 
cases where the actual origin of the product is 
indicated or where the geographical designation is 
given in translation or accompanied by expressions 
such as 'like', 'type', 'style" 'imitation' or other. 
For the purposes of this Article, 'geographical 
designation' shall mean any indication identifying a 
product as originating in the territory of a third 
countr\" which is a member of the World Trade 
Organization, or in a region or locality of that 
territory, where aqua hty, reputation or other specific 
characteristic of chat product can essentially be 
attributed to that geographical origin. IP/N/l/EEC/l 
Page 16 
2. Paragraph 1 shall apply notwithstanding 
Article 11 of this Regulation and other provisions of 
Community legislation laying down rules for the 
description and presentation of products covered by 
this Regulation. 
3. Detailed rules for the application of this Article, 
where necessary, shall he adopted in accordance 
with the procedure laid down in Article 15.' 
2. The following Article is inserted after Article 10 of 
Regulation (EEC) No 1601/91: 
. Article lOa 
1. .Member States shall adopt all measures necess­
ary to permit those concerned to prevent, under the 
conditions laid down in Articles 23 and 24 of the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights, the use within the Community of a 
geographical designation identifying products 
covered by this Regulation for products which 
do not originate in the place referred to by the 
geographical designation in question, including in 
cases where the actual origin of the product is 
indicated or where the geographical designations 
given in translation or accompanied by expressions 
such as 'like', 'type', 'style', 'imitation' or other. For the purposes of this Article, 'geographical 
Jesi~nation' shall mean any indication identifying a 
product as originating in the territory of a third 
country which is a member of the World Trade 
Oq;anization, or in a region or locality of that 
territory, where a quality, reputation or other specific 
characteristic of that product Cln essentially be 
arrributeJ to that geographical origin. 
., P:uagraph 1 shall apply notwithstanding 
Article 10 of this Regulation and other provisions of 
Cummunity legislation laying down rules for the 
description and presentation of products covered by 
this Regulation. 
3. Detailed rules for the application of this Article, 
where necessary, shall be adopted in accordance 
with the procedure laid down in Article 14.' 
Article 2 
The Commission shall submit each year to the European 
Parliament and to the Council a report on the application 
of the instruments in force, backed up by appropriate 
statistical data. 
Article 3 
1. This Regulation shall enter into force on 1 January 
1995. 
2. It shall apply from 1 January 1996. 
This Regulation shall be binding in its entirely and directly applicable in all Member States. 
Done at Brussels, 22 December 1994. 
For the European Parliament 
The President 
K. HANSCH For the Council 
The President 
H.SEEHOFER IP/N/l/EEC/1 
Page 17 
COUNCIL 
COUNCIL DECISION 
of 21 December 1994 
on the extcnsion of the legal protection of topographies of semiconductor products to 
persons from a Member of the World Trade Organization 
(94/824/EC) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to Council Directive 87/54IEEC of 16 
December 1986 on the legal protection of topographies 
of semiconductor products (1), and in particular Article 
3 (7) thereof, 
Having regard to the proposal from the Commission, 
Whereas the Agreement establishing the World Trade 
Organization (hereinafter, 'WTO Agreement') was signed 
on behalf of the Community; whereas the Agreement on 
Trade-Related Aspects of Intellectual Property Rights 
(hereinafter, 'the TRIPs Agreement'), annexed to the 
wro Agreement, contains detailed provisions on the 
protection of intellectual property rights whose purpose 
is the establishment of international disciplines in this 
area in order to promote imcrnational trade :md prevent 
trade distortions and friction due to the lack of adequate 
and effective intellectual property protection; 
Whereas in order to ensure that all relevant Community 
legislation is in full compliance with the TRIPs 
Agreement, the Community must take certain measures 
in relation to current Community acts on the protection 
ot intellectual property rights; whereas these measures 
(1) OJ No L 24,27.1. 1987, p 36. entail in some respects the amendment or modification of 
Community acts; whereas these measures also entail 
complementing current Community acts; 
Whereas Directive 87/54/EEC concerns the legal 
protection of topographies of semiconductor products; 
whereas Articles 35 to 38 of the TRIPs Agreement set out 
the obligations of wro Members in relation to the 
protection of layout-designs (topographies) of integrated 
circuits; whereas in accordance with Article 1 (3) and 
Article 3 of the TRIPs Agreement, the Community must 
ensure that nationals of all other wro Members benefit 
from such protection and from the application of 
national treatment; whereas it is therefore necessary to 
extend the protection under Directive 87154/EEC to 
nationals of wro Members, without any rcciprocity 
requirement; whereas it is adequate to use the procedure 
of Article 3 (7) of the Directive to this end, 
HAS DECIDED AS FOLLOWS: 
Article 1 
Member States shall extend the legal protection for 
topographies of semiconductor products provided for 
under Directive 87154/EEC as follows: 
(a) natural persons who are nationals of, or are 
domiciled in the territory of, a Member of the WTO 
Agreement, shall be trea~ed as nationals of a Member 
State; IP/N/l/EEC/l 
Page 18 
(b) legal entitles which or natural persons who have a 
real and effective establishment for the creation of 
topographies or the production of integrated circuits 
in the territory of a Member of the WTO Agreement 
shall be treated as legal entities or natural persons 
having a real and effective industrial or commercial 
establishment in the territory of a ~lember State. 
Article 2 
1. This Decision shall enter into force on 1 January 
1995. 
2. It shall apply from 1 January 1996. 
3. Council Decision 90/510lEEC of 9 October 1990 on 
the extension of the legal protection of topographies of semiconductor products to persons from certain countries 
and territories (I) is replaced as from the date of 
application of the present Decision, in so br as it 
concerns the extension of the protection under Directive 
87/54/EEC to countries or territories ~lembers of the 
WTO Agreement. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, 22 December 1994. 
For the Council 
The President 
H. SEEHOFER 
(I; OJ No 1 2SH, 17. 10. 1990, P 29. DeciSIOn as amended hy 
DeciSIOn ~n/17/EEC (OJ No L 11, 19. \. 1993, p. 22). 