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Official Journal L274 Official Journal L 274 of the European Union ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ Volume 60 English edition Legislation 24 October 2017 Contents II Non-legislative acts INTERNATIONAL AGREEMENTS ★ Council Decision (EU) 2017/1912 of 9 October 2017 on the conclusion of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs .................................................................................. 1 Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs ............................................................................................... 3 ★ Council Decision (EU) 2017/1913 of 9 October 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products ............................................................ 57 Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products ......................................................................... 58 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. EN 24.10.2017 EN Official Journal of the European Union L 274/1 II (Non-legislative acts) INTERNATIONAL AGREEMENTS COUNCIL DECISION (EU) 2017/1912 of 9 October 2017 on the conclusion of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with point (a)(v) of Article 218(6) and Article 218(7) thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament, Whereas: (1) In accordance with Council Decision (EU) 2016/2136 (1) the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’) was signed by the Commission on 23 March 2017, subject to its conclusion at a later date. (2) The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (2) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories. (3) Under the Agreement, although Iceland has not yet registered any protected geographical indications, geographical indications of Union agricultural products and foodstuffs will be protected in Iceland. The Agreement provides for a mechanism for updating the geographical indications list and for including new geographical indications at a later stage through a Joint Committee process. (4) Certain tasks for the implementation of the Agreement have been assigned to the Joint Committee set up pursuant to Article 10 of the Agreement, including the power to amend certain technical aspects of the Agreement and certain Annexes thereto. The procedure for establishing the Union's position in that Joint Committee on matters relating to the Agreement should be defined. (5) The Agreement should be approved, HAS ADOPTED THIS DECISION: Article 1 The Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision. (1) Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications of agricultural products and foodstuffs (OJ L 332, 7.12.2016, p. 1). (2) Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994. L 274/2 EN Official Journal of the European Union 24.10.2017 Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in Article 11 of the Agreement (1). Article 3 The Commission shall represent the European Union in the Joint Committee set up pursuant to Article 10 of the Agreement (the ‘Joint Committee’). Amendments to the Agreement through decisions of the Joint Committee shall be approved by the Commission on behalf of the Union. If interested parties cannot reach agreement following objections to a geographical indication, the Commission shall adopt a position in accordance with the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (2). Article 4 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 9 October 2017. For the Council The President S. KIISLER (1) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council. (2) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1). 24.10.2017 EN Official Journal of the European Union L 274/3 AGREEMENT between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs THE EUROPEAN UNION, of the one part, and ICELAND of the other part, hereinafter referred to as the ‘Parties’, CONSIDERING that the Parties agree to promote between each other a harmonious development of the geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and to foster trade in agricultural products and foodstuffs originating in the Parties' territories, CONSIDERING that the Agreement on the European Economic Area (EEA Agreement) provides for the mutual recognition and protection of geographical indications of wines, aromatised wine products and spirit drinks, HAVE AGREED AS FOLLOWS: Article 1 Scope 1. This Agreement applies to the recognition and protection of geographical indications for agricultural products and foodstuffs other than wines, aromatised wine products and spirit drinks originating in the Parties' territories. 2. Geographical indications of a Party shall be protected by the other Party under this Agreement only if covered by the scope of the legislation referred to in Article 2. Article 2 Established geographical indications 1. Having examined the legislation of Iceland listed in Part A of Annex I, the European Union concludes that that legislation meets the elements laid down in Part B of Annex I. 2. Having examined the legislation of the European Union listed in Part A of Annex I, Iceland concludes that that legislation meets the elements laid down in Part B of Annex I. 3. Iceland, after having completed an objection procedure, in accordance with Part C of Annex I, and after having examined the geographical indications for agricultural products and foodstuffs of the European Union listed in Annex II which have been registered by the European Union under the legislation referred to in paragraph 2, shall protect those geographical indications according to the level of protection laid down in this Agreement. 4. The European Union, after having completed an objection procedure, in accordance with Part C of Annex I, and after having examined the geographical indications for agricultural products and foodstuffs of Iceland listed in Annex II which have been registered by Iceland under the legislation referred to in paragraph 1, shall protect those geographical indications according to the level of protection laid down in this Agreement. Article 3 Addition of new geographical indications 1. The Parties agree on the possibility to add new geographical indications to be protected in Annex II in accordance with Article 10(3) after having completed the objection procedure, in accordance with Part C of Annex I, and after having examined the geographical indications as referred to in Article 2(3) and (4) to the satisfaction of both Parties. 2. A Party shall not be required to protect as a geographical indication a name that conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead consumers as to the true origin of the product. L 274/4 EN Official Journal of the European Union 24.10.2017 Article 4 Scope of protection of geographical indications 1. The geographical indications listed in Annex II, including those added pursuant to Article 3, shall be protected against: (a) any direct or indirect commercial use of a protected name: (i) for comparable products not compliant with the product specification of the protected name, or (ii) if such use exploits the reputation of a geographical indication; (b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar; (c) any other false or misleading indication
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