ANNEX XIII
GEOGRAPHICAL INDICATIONS
ANNEX XIII-A
ELEMENTS FOR REGISTRATION AND CONTROL OF GEOGRAPHICAL INDICATIONS AS REFERRED TO IN ARTICLE 267(1) AND (2)
PART A
Legislation referred to in Article 267(1)
Law on the Protection of Geographical Indications, Designations of Origin and Traditional Specialties Guaranteed, No 66-XVI of 27.03.2008 and its implementing rules, for the procedure of filing, examination and registration of geographical indications, designations of origin and traditional specialties guaranteed in the Republic of Moldova.
PART B
Legislation referred to in Article 267(2)
1. 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
2. Part II, Title II, Chapter I, Section 1a of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), with its implementing rules
3. Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, with its implementing rules
4. Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails, with its implementing rules
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PART C
Elements for registration and control of geographical indications referred to in Article 267(1) and 267(2)
1. A register listing geographical indications protected in the territory.
2. An administrative process verifying that geographical indications identify a good as originating in a territory, region or locality of one or more states, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
3. A requirement that a registered name shall correspond to a specific product or products for which a product specification is laid down, which can only be amended by due administrative process.
4. Control provisions applying to production.
5. An objection procedure that allows the legitimate interests of prior users of names, whether those names are protected as a form of intellectual property or not, to be taken into account.
6. A rule that protected names may not become generic.
7. Provisions concerning the registration, which may include refusal of registration, of terms homonymous or partly homonymous with registered terms, terms customary in common language as the common name for goods, terms comprising or including the names of plant varieties and animal breeds. Such provisions shall take into account the legitimate interests of all parties concerned.
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ANNEX XIII-B
CRITERIA TO BE INCLUDED IN THE OBJECTION PROCEDURE FOR PRODUCTS REFERRED TO IN ARTICLE 268(1)
1. List of name(s) with, where applicable, the corresponding transcription into Latin characters.
2. Information about the product class.
3. Invitation to the United Kingdom, the Republic of Moldova or any third country or any natural or legal persons having a legitimate interest, established or resident in the UK, in the Republic of Moldova or in a third country, to submit objections to such protection by lodging a duly substantiated statement.
4. Statements of objection must reach the UK Government or the Government of the Republic of Moldova within two months from the date of the publication of the information notice.
5. Statements of objection shall be admissible only if they are received within the time-limit set out in paragraph 4 and if they show that the protection of the name proposed would:
— conflict with the name of a plant variety, including a wine grape variety or an animal breed, and as a result would be likely to mislead the consumer as to the true origin of the product;
— conflict with a homonymous name which would mislead the consumer into believing that products come from another territory;
— in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;
— jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of the information notice;
— conflict with a name that is considered generic.
6. The criteria referred to in paragraph 5 shall be evaluated in relation to the territory of the UK, which in the case of intellectual property rights refers only to the territory or territories where the rights are protected, or the territory of the Republic of Moldova.
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ANNEX XIII-C
GEOGRAPHICAL INDICATIONS OF PRODUCTS AS REFERRED TO IN ARTICLE 267(3) AND 267(4)
Agricultural products and foodstuffs other than wines, spirits and aromatised wines of the UK to be protected in the Republic of Moldova
UK Isle of Man Manx Loaghtan Lamb Fresh meat (and offal)
UK Orkney beef Fresh meat (and offal)
UK Orkney lamb Fresh meat (and offal)
UK Scotch Beef Fresh meat (and offal)
UK Scotch Lamb Fresh meat (and offal)
UK Shetland Lamb Fresh meat (and offal)
UK Welsh Beef Fresh meat (and offal)
UK Welsh lamb Fresh meat (and offal)
UK West Country Beef* Fresh meat (and offal)
UK West Country Lamb* Fresh meat (and offal)
UK Lakeland Herdwick* Fresh meat (and offal) Meat products (cooked, salted, UK Melton Mowbray Pork Pie smoked, etc.) Meat products (cooked, salted, UK Newmarket Sausage* smoked, etc.) Meat products (cooked, salted, UK Stornoway Black Pudding* smoked, etc.) Meat products (cooked, salted, UK Traditional Cumberland Sausage* smoked, etc.) Beacon Fell traditional Lancashire UK Cheeses cheese UK Bonchester cheese Cheeses
UK Buxton blue Cheeses
UK Dorset Blue Cheese Cheeses
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UK Dovedale cheese Cheeses
UK Exmoor Blue Cheese Cheeses
UK Single Gloucester Cheeses
UK Staffordshire Cheese Cheeses
UK Swaledale cheese Cheeses
UK Teviotdale Cheese Cheeses
UK Traditional Ayrshire Dunlop* Cheeses West Country farmhouse Cheddar UK Cheeses cheese White Stilton cheese / Blue Stilton UK Cheeses cheese UK Orkney Scottish Island Cheddar* Cheeses
UK Swaledale ewes’ cheese* Cheeses
UK Yorkshire Wensleydale* Cheeses Other products of animal origin UK Cornish Clotted Cream (eggs, honey, various dairy products except butter, etc.) Fruit, vegetables and cereals, fresh or UK Jersey Royal potatoes processed Fruit, vegetables and cereals, fresh or UK Yorkshire Forced Rhubarb processed Fruit, vegetables and cereals, fresh or UK Armagh Bramley Apples* processed Fruit, vegetables and cereals, fresh or UK Fenland Celery* processed New Season Comber Fruit, vegetables and cereals, fresh or UK Potatoes/Comber Earlies* processed Pembrokeshire Earlies / Fruit, vegetables and cereals, fresh or UK Pembrokeshire Early Potatoes* processed Fresh fish, molluscs, and crustaceans UK Arbroath Smokies and products derived therefrom Fresh fish, molluscs, and crustaceans UK Conwy Mussels* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Scottish Farmed Salmon and products derived therefrom Fresh fish, molluscs, and crustaceans UK Whitstable oysters and products derived therefrom
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Fresh fish, molluscs, and crustaceans UK Cornish Sardines* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Fal Oyster* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Isle of Man Queenies* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Lough Neagh Eel* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Scottish Wild Salmon* and products derived therefrom Fresh fish, molluscs, and crustaceans UK Traditional Grimsby Smoked Fish* and products derived therefrom UK Kentish ale and Kentish strong ale Beers
UK Rutland Bitter Beers Bread, pastry, cakes, confectionery, UK Cornish Pasty* biscuits and other baker's wares UK Native Shetland Wool* Wool Other products of Annex I to the UK Anglesey Sea Salt/Halen Môn* Treaty (spices etc.) Other products of Annex I to the UK Gloucestershire cider/perry Treaty (spices etc.) Other products of Annex I to the UK Herefordshire cider/perry Treaty (spices etc.) Other products of Annex I to the UK Worcestershire cider/perry Treaty (spices etc.) Other products of Annex I to the UK East Kent Goldings* Treaty (spices etc.)
Agricultural products and foodstuffs other than wines, spirits and aromatised wines of the Republic of Moldova to be protected in the UK
Dulceaţa din petale de trandafir Other products of Annex I to the MD Călăraşi* Treaty (spices etc.)
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ANNEX XIII-D
GEOGRAPHICAL INDICATIONS OF PRODUCTS AS REFERRED TO IN ARTICLE 267(3) AND 267(4)
PART A
Wines of the UK to be protected in the Republic of Moldova
Name to be protected Wine with a protected geographical UK English indication (PGI) Wine with a protected geographical UK English Regional indication (PGI) Wine with a protected geographical UK Welsh indication (PGI) Wine with a protected geographical UK Welsh Regional indication (PGI)
Wines of the Republic of Moldova to be protected in the UK
Wine with a protected geographical MD Ciumai/Чумай indication (PGI) Wine with a protected geographical MD Romăneşti indication (PGI) Wine with a protected geographical MD Codru* indication (PGI) Wine with a protected geographical MD Stefan Voda* indication (PGI) Wine with a protected geographical MD Valul lui Traian* indication (PGI)
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PART B
Spirit drinks of the UK to be protected in the Republic of Moldova
Name to be protected Product Type Irish Whiskey / Uisce Beatha Eireannach / UK(1) Whiskey/Whisky Irish Whisky(2) UK(3) Irish Cream(4) Liqueur
UK(5) Irish Poteen/Irish Poitín(6) Other Spirit Drinks
UK Scotch Whisky Whiskey/Whisky
UK Somerset Cider Brandy* Cider Spirits & Perry Spirits
Spirits drinks of the Republic of Moldova to be protected in the UK
MD Divin* Wine distillate
MD Rachiu de caise de Nimoreni* Fruit spirit
PART C
Aromatised wines of the UK to be protected in the Republic of Moldova
[…]
Aromatised wines of the Republic of Moldova to be protected in the UK
[…]
(1) This includes distilled spirits that is produced on the island of Ireland in accordance with the applicable laws of the United Kingdom (2) The geographical indication Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky covers whisky/whiskey produced in Ireland and Northern Ireland. (3) This includes distilled spirits that is produced on the island of Ireland in accordance with the applicable laws of the United Kingdom (4) The geographical indication Irish Cream covers the corresponding liqueur produced in Ireland and Northern Ireland. (5) This includes distilled spirits that is produced on the island of Ireland in accordance with the applicable laws of the United Kingdom. (6) The geographical indication “Irish Poteen/Irish Poitín” covers the corresponding spirit drink produced in Ireland and Northern Ireland.
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