No. 6/1936:

SPANISH TRADE AGREEMENT ACT, 1936

ARRANGEMENT OF SECTIONS

1 Definition.

2 Restriction on the use of descriptions properly applicable only to Spanish wines.

3 Effect of declaratory order.

4 Extension and revocation of declaratory order.

5 Limited exemption of liquors already imported.

6 Short title.

SCHEDULE

AN ACT TO MAKE SUCH PROVISION AS MAY BE NECESSARY IN ORDER TO GIVE FULL EFFECT TO CERTAIN PROVISIONS OF THE TRADE AGREEMENT BETWEEN THE IRISH FREE STATE AND SPAIN SIGNED ON THE 1ST DAY OF APRIL, 1935.

[14th March, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act the expression "the Minister" means the Minister for Industry and Commerce.

2.—The Minister may from time to time at his discretion by order (in this Act referred to as a declaratory order) declare that during a specified period (in this Act referred to as a period of operation) a specified description mentioned in the first column of the Schedule to this Act, whether used alone or accompanied by any of the words "character," "type," "quality," "kind," or any similar word, expression, or qualification, shall, when applied within the meaning of the Merchandise Marks Acts, 1887 to 1931, to any wine or other liquor, be a false trade description within the meaning of those Acts and that those Acts shall apply and have effect accordingly, unless the wine or other liquor to which the said description is applied is wine which was imported into Saorstát Eireann (whether before or after the passing of this Act) and was when so imported accompanied by a certificate of origin, given by a Spanish authority which is for the time being certified by the Minister to be competent in that behalf, to the effect that such wine was originally produced in the region or one of the regions in Spain mentioned in the second column of the Schedule to this Act opposite the mention of the said specified description in the first column of the said Schedule.

3.—During the period of operation or any extension under this Act of the period of operation of a declaratory order, the description mentioned in the first column of the Schedule to this Act which is specified in such order, whether used alone or accompanied by any of the words "character," "type," "quality," "kind," or any similar word, expression, or qualification, shall, when applied within the meaning of the Merchandise Marks Acts, 1887 to 1931 to any wine or other liquor, be a false trade description within the meaning of those Acts and those Acts shall apply and have effect accordingly, unless the wine or other liquor to which the said description is applied is wine which was imported into Saorstát Eireann (whether before or after the passing of this Act) and was when so imported accompanied by a certificate of origin, given by a Spanish authority which is for the time being certified by the Minister to be competent in that behalf, to the effect that such wine was originally produced in the region or one of the regions in Spain mentioned in the second column of the Schedule to this Act which is specified in such order.

4.—(1) The Minister may, by order made at any time before the expiration of the period of operation or, where such period has been extended, before the expiration of the extension for the time being current of the period of operation of a declaratory order made by him under this Act, extend or further extend (as the case may be) such period of operation as from the expiration of such period or such extension thereof until such date as the Minister shall think proper and shall specify in such order.

(2) The Minister may at any time by order revoke, as from any specified date not earlier than the date of such order, any declaratory order made by him under this Act the period of operation or an extension of the period of operation of which is for the time being unexpired.

5.—No declaratory order made by the Minister under this Act shall, during the period of one year from the date of the passing of this Act, apply to or have any operation in respect of any wine or other liquor which was imported into Saorstát Eireann before the said date.

6.—This Act may be cited as the Spanish Trade Agreement Act, 1936 .

SCHEDULE

TABLE OF DESCRIPTIONS AND RELEVANT SPANISH REGIONS.