Information Notice — Public Consultation — Geographical Indications from Colombia and Chile
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14.10.2016 EN Official Journal of the European Union C 378/25 OTHER ACTS EUROPEAN COMMISSION INFORMATION NOTICE — PUBLIC CONSULTATION Geographical indications from Colombia and Chile (2016/C 378/14) In the framework of the 2012 Trade Agreement between the European Union, and its Member States, and Colombia and Peru (1) and of the 2002 Association Agreement between the European Union and Chile (2), the Colombian and the Chilean authorities have presented the annexed lists of geographical indications, protected as geographical indications in Colombia and in Chile, for protection under the respective Agreements. The European Commission is currently consid ering whether these geographical indications shall also be protected in the EU. The Commission invites any Member State or third country or any natural or legal persons having a legitimate interest, resident or established in a Member State or in a third country, to submit objections to such protection by lodging a duly substantiated statement. Statements of objection must reach the Commission within two months of the date of this publication. Statements of objection should be sent to the following email address: [email protected] Statements of objection shall be examined only if they are received within the time limit set out above and if they show that the protection of the name proposed would: 1. conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product; 2. be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agri cultural products and foodstuffs (3), Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (4), or contained in the agreements the Union has concluded with the one of the following countries: — Iceland and Norway: Agreement on the European Economic Area (5), — USA: Agreement between the European Community and the United States of America on trade in wine (6), — Switzerland: Agreement between the European Community and the Swiss Confederation on trade in agricultural products (7), — Switzerland: Agreement between the European Union and the Swiss Confederation on the protection of designa tions of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (8), — South Africa: Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (9), (1) OJ L 354, 21.12.2012, p. 3. (2) OJ L 352, 30.12.2002, p. 3. (3) OJ L 343, 14.12.2012, p. 1. (4) OJ L 347, 20.12.2013, p. 671. (5) OJ L 1, 3.1.1994, p. 3. (6) OJ L 87, 24.3.2006, p. 2. (7) OJ L 114, 30.4.2002, p. 132. (8) OJ L 297, 16.11.2011, p. 3. (9) OJ L 250, 16.9.2016, p. 3. C 378/26 EN Official Journal of the European Union 14.10.2016 — Cariforum: Economic Partnership Agreement between the Cariforum States, of the one part, and the EU (1), — Australia: Agreement between the European Community and Australia on trade in wine (2), — Republic of Korea: Council Decision No 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (3), — Canada: Agreement between the European Community and Canada on trade in wines and spirit drinks (4), — Republic of Chile: Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional appli cation of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (5), — Albania: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (6), — Peru and Colombia: Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (7), — Central America: Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (8), — Bosnia and Herzegovina: Stabilisation and Association Agreement between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (9), — Serbia: Stabilisation and Association Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part (10), — Montenegro: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (11), — Korea: Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (12), — Georgia: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (13), — Moldova: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (14), — Ukraine: Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (15); 3. in the light of a trademark’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; (1) OJ L 289, 30.10.2008, p. 3. (2) OJ L 28, 30.1.2009, p. 3. (3) OJ L 127, 14.5.2011, p. 1. (4) OJ L 35, 6.2.2004, p. 3. (5) OJ L 352, 30.12.2002, p. 1. (6) OJ L 107, 28.4.2009, p. 166. (7) OJ L 354, 21.12.2012, p. 1. (8) OJ L 346, 15.12.2012, p. 1. (9) OJ L 164, 30.6.2015, p. 2. (10) OJ L 278, 18.10.2013, p. 16. (11) OJ L 108, 29.4.2010, p. 3. (12) OJ L 127, 14.5.2011, p. 6. (13) OJ L 261, 30.8.2014, p. 4. (14) OJ L 260, 30.8.2014, p. 4. (15) OJ L 161, 29.5.2014, p. 3. 14.10.2016 EN Official Journal of the European Union C 378/27 4. jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice; or 5. if they can give details from which it can be concluded that the name for which protection is considered is generic. The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The protection of these names in the European Union is subject to the successful conclusion of this procedure and the subsequent legal act adding these terms to the above mentioned Agreements. List of Colombian GIs for agricultural products and foodstuffs (9) (1) Product category Name as registered in Colombia Coffee ‘ Café de Nariño’ Coffee ‘Café de Cauca’ Coffee ‘Café del Huila’ Bread, pastry, cakes, confectionery, biscuits and other ‘Bizcocho de Achira del Huila’ baker’s wares Cheese ‘ Queso Paipa’ Cheese ‘Queso del Caquetá’ Flowers and ornamental plants ‘Clavel de Colombia’ Flowers and ornamental plants ‘Rosa de Colombia’ Flowers and ornamental plants ‘Crisantemo de Colombia’ List of Chilean GIs for agricultural products and foodstuffs (60) Product category Name as registered in Chile Wine/sparkling wine ‘ Calera de Tango’ Wine ‘Calle Larga’ Wine ‘Cartagena’ Wine ‘Catemu’ Wine ‘Colbún’ Wine ‘Colina’ Wine ‘Coltauco’ Wine ‘Curepto’ Wine ‘Empedrado’ Wine ‘Hijuelas’ (1) List provided by Colombia and Chile respectively. C 378/28 EN Official Journal of the European Union 14.10.2016 Product category Name as registered in Chile Wine/sparkling wine ‘La Estrella’ Wine/sparkling wine ‘La Serena’ Wine ‘Lampa’ Wine/sparkling wine ‘Litueche’ Wine ‘Llaillay’ Wine ‘Longaví’ Wine ‘Machalí’ Wine/sparkling wine ‘Paredones’ Wine ‘Pumanque’ Wine ‘Quillota’ Wine/sparkling wine ‘Región Austral’ Wine ‘Retiro’ Wine ‘San Esteban’ Wine ‘San Felipe’ Wine ‘Santa María’ Wine/sparkling wine ‘Santo Domingo’ Wine/sparkling wine ‘Valle de Osorno’ Wine/sparkling wine ‘Valle del Cautín’ Wine ‘Til Til’ Wine ‘Vichuquén’ Wine/Sparkling wine ‘Zapallar’ Wine/sparkling wine ‘Secano Interior’ Wine/sparkling wine ‘Valle del Itata’ Wine/sparkling wine ‘Cauquenes’ Wine/sparkling wine ‘Chillán’ Wine/sparkling wine ‘Coelemu’ Wine/sparkling wine ‘Curepto’ Wine/sparkling wine ‘Linares’ Wine/sparkling wine ‘Molina’ Wine/sparkling wine ‘Parral’ 14.10.2016 EN Official Journal of the European Union C 378/29 Product category Name as registered in Chile Wine/sparkling wine ‘Pencahue’ Wine/sparkling wine ‘Portezuelo’ Wine/sparkling wine ‘Quillón’ Wine/sparkling wine ‘Rauco’ Wine/sparkling wine ‘Romeral’ Wine/sparkling wine ‘Sagrada Familia’ Wine/sparkling wine ‘San Clemente’ Wine/sparkling wine ‘San Javier’ Wine/sparkling wine ‘San Rafael’ Wine/sparkling wine ‘Talca’ Wine/sparkling wine ‘Valle de Curicó’ Wine/sparkling wine ‘Valle de Teno’ Wine/sparkling wine ‘Valle del Bio Bío’ Wine/sparkling wine ‘Valle del Claro’ Wine/sparkling wine ‘Valle del Loncomilla’ Wine/sparkling wine ‘Valle de Lontué’ Wine/sparkling wine ‘Valle del Maule’ Wine/sparkling wine ‘Valle del Tutuvén’ Wine/sparkling wine ‘Villa Alegre’ Wine/sparkling wine ‘Yumbel’.