C 177/4 EN Official Journal of the European Union 3.6.2017
V (Announcements)
OTHER ACTS
EUROPEAN COMMISSION
INFORMATION NOTICE — PUBLIC CONSULTATION Geographical indications from the People’s Republic of China (2017/C 177/05)
Within the on-going negotiations with the People’s Republic of China for an agreement on cooperation on, and protection of, geographical indications (hereafter the Agreement), the Chinese authorities have presented, for protection under the Agreement, the attached lists of Geographical Indications (GIs) for agricultural products, foodstuffs, wines and spirits. The European Commission is currently considering whether these GIs shall be protected under the Agreement as GIs within the meaning of Article 22(1) of the TRIPS Agreement. The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit oppositions to such protection by lodging a duly substantiated statement. Statements of opposition must reach the Commission within two months of the date of this publication. Statements of opposition should be sent to the following email address: [email protected] Statements of opposition 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: (a) 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; (b) 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 agricul tural products and foodstuffs (1) , 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 (2) and Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presen tation, labelling and the protection of geographical indications of spirit drinks (3), or contained in the agreements the Union has concluded with the following countries: — Australia (4) — Chile (5) — SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa) (6) — Switzerland (7)
(1) OJ L 343, 14.12.2012, p. 1. (2) OJ L 347, 20.12.2013, p. 671. (3) OJ L 39, 13.2.2008, p. 16. (4) Council Decision 2009/49/EC of 28 November 2008 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine (OJ L 28, 30.1.2009, p. 1). (5) Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agree ment establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 1). (6) Council Decision (EU) 2016/1623 of 1 June 2016 on the signing, on behalf of the European Union and provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 1). (7) Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1) and in particular the Agreement between the European Community and the Swiss Federation on trade in agricultural products – Annex 7. 3.6.2017 EN Official Journal of the European Union C 177/5
— Mexico (1) — Korea (2) — Central America (3) — Colombia and Peru (4) — Former Yugoslav Republic of Macedonia (5) — Canada (6) — United States (7) — Albania (8) — Montenegro (9) — Bosnia and Herzegovina (10) — Serbia (11) — Moldova (12) — Georgia (13) (c) 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; (d) 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 this notice; (e) or 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 possible protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.
(1) Council Decision 97/361/EC of 27 May 1997 concerning the conclusion of an Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks (OJ L 152, 11.6.1997, p. 15). (2) 2011/265/EU Council Decision 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 (OJ L 127, 14.5.2011, p. 1). (3) Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3). (4) Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, p. 3). (5) Council Decision 2001/916/EC of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Community and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on recipro cal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (OJ L 342, 27.12.2001, p. 6). (6) Council Decision 2004/91/EC of 30 July 2003 on the conclusion of the Agreement between the European Community and Canada on trade in wines and spirit drinks (OJ L 35, 6.2.2004, p. 1). (7) Council Decision 2006/232/EC of 20 December 2005 on the conclusion of the Agreement between the European Community and the United States of America on trade in wine (OJ L 87, 24.3.2006, p. 1). (8) Council Decision 2006/580/EC of 12 June 2006 concerning the signing and conclusion of the Interim Agreement on trade and trade- related matters between the European Community, of the one part, and the Republic of Albania, of the other part – Protocol 3 on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aro matised wine names (OJ L 239, 1.9.2006, p. 1). (9) Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 345, 28.12.2007, p. 1). (10) Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008, p. 10) – Protocol 6. (11) Council Decision 2010/36/EC of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade- related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (OJ L 28, 30.1.2010, p. 1). (12) 2013/7/EU: Council Decision of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (OJ L 10, 15.1.2013, p. 3). (13) 2012/164/EU: Council Decision of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (OJ L 93, 30.3.2012, p. 1). C 177/6 EN Official Journal of the European Union 3.6.2017
List of Geographical Indications for agricultural products, foodstuffs, wines and spirits (1)
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
1 Anji Bai Cha Anji White Tea Other products of Annex I of the Treaty (spices etc.) — Tea
2 Anxi Tie Guan Yin Anxi Tie Guan Yin Other products of Annex I of the Treaty (spices etc.) -Tea
3 Baoshan Xiao Li Ka Baoshan Arabica Other products of Annex I of the Treaty Fei Coffee (spices etc.) — Coffee
4 Gannan Qi Cheng Gannan Navel Orange Fruit, vegetable and cereals fresh or pro cessed — Fruit
5 Huoshan Huang Ya Huoshan Yellow Bud Other products of Annex I of the Treaty Tea (spices etc.) — Tea
6 Pixian Dou Ban Pixian Bean Paste Fruit, vegetable and cereals fresh or pro cessed — Bean paste
7 Pu’er Cha Pu’er Tea Other products of Annex I of the Treaty (spices etc.) — Tea
8 Shanxi Lao Chen Cu Shanxi Aged Vinegar Other products of Annex I of the Treaty (spices etc.) — Vinegar
9 Yantai Ping Guo Yantai Apple Fruit, vegetable and cereals fresh or pro cessed — Fruit
10 Tanyang Gong Fu Tanyang Gongfu Black Other products of Annex I of the Treaty Tea (spices etc.) — Tea
11 Baicheng Lü Dou Baicheng Mung Bean Fruit, vegetable and cereals fresh or pro cessed — Bean
12 Zhaoyuan Da Mi Zhaoyuan Rice Fruit, vegetable and cereals fresh or pro cessed — Rice
(1) List provided by the Chinese authorities in the framework of the on-going negotiations, registered in the People’s Republic of China. 3.6.2017 EN Official Journal of the European Union C 177/7
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
13 Wuyuan Lü Cha Wuyuan Green Tea Other products of Annex I of the Treaty (spices etc.) — Tea
14 Fuzhou Mo Li Hua Fuzhou Jasmine Tea Other products of Annex I of the Treaty Cha (spices etc.) — Tea
15 Fangxian Xiang Gu Fangxian Mushroom Fruit, vegetable and cereals fresh or pro cessed — Mushroom
16 Nanfeng Mi Ju Nanfeng Sweet Fruit, vegetable and cereals fresh or pro Orange cessed — Fruit
17 Cangshan Da Suan Cangshan Garlic Fruit, vegetable and cereals fresh or pro cessed — Garlic
18 Fangxian Hei Mu Er Fangxian Black Fruit, vegetable and cereals fresh or pro Fungus cessed — Mushroom
19 Fenggang Xin Xi Cha Fenggang Zinc Sele Other products of Annex I of the Treaty nium Tea (spices etc.) — Tea
20 Kuerle Xiang Li Korla Pear Fruit, vegetable and cereals fresh or pro cessed — Fruit
21 Pizhou Da Suan Pizhou Garlic Fruit, vegetable and cereals fresh or pro cessed — Garlic
22 Anyue Ning Meng Anyue Lemon Fruit, vegetable and cereals fresh or pro cessed — Lemon
23 Zhengshan Xiao Lapsang Souchong Other products of Annex I of the Treaty Zhong (spices etc.) — Tea
24 Xinghua Xiang Cong Xinghua Chive Fruit, vegetable and cereals fresh or pro cessed — Dehydrated chive
25 Qimen Hong Cha Qimen Black Tea Other products of Annex I of the Treaty (spices etc.) — Tea C 177/8 EN Official Journal of the European Union 3.6.2017
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
26 Yibin Ya Cai Yibin Bean Sprout Fruit, vegetable and cereals fresh or pro cessed — Bean sprout (Pickled vegetables)
27 Jingning Ping Guo Jingning Apple Fruit, vegetable and cereals fresh or pro cessed — Fruit
28 Anqiu Da Jiang Anqiu Ginger Other products of Annex I of the Treaty (spices etc.) — Ginger
29 Jianning Tong Xin Bai Jianning White Lotus Fruit, vegetable and cereals fresh or pro Lian Nut cessed — Lotus nut
30 Songxi Lü Cha Songxi Green Tea Other products of Annex I of the Treaty (spices etc.) — Tea
31 Luoping Xiao Huang Luoping Yellow Other products of Annex I of the Treaty Jiang Ginger (spices etc.) — Ginger
32 Cangxi Hong Xin Mi Cangxi Red Kiwi Fruit Fruit, vegetable and cereals fresh or pro Hou Tao cessed — Fruit
33 Qingyuan Xiang Gu Qingyuan Mushroom Fruit, vegetable and cereals fresh or pro cessed — Mushroom
34 Changshou Sha Tian Changshou Sha Tian Fruit, vegetable and cereals fresh or pro You Pomelo cessed — Fruit
35 Fenghuang Dan Cong Fenghuang Single Other products of Annex I of the Treaty Cluster (spices etc.) — Tea
36 Fucheng Mai Dong Fucheng Ophiopogon Fruit, vegetable and cereals fresh or pro japonicus cessed — Tuber
37 Gou Gu Nao Gougunao Tea Other products of Annex I of the Treaty (spices etc.) — Tea
38 Wuyishan Da Hong Mount Wuyi Da Hong Other products of Annex I of the Treaty Pao Pao (spices etc.) — Tea 3.6.2017 EN Official Journal of the European Union C 177/9
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
39 Jinzhou Ya Li Jinzhou Pear Fruit, vegetable and cereals fresh or pro cessed — Fruit
40 Turpan Pu Tao Gan Turpan Raisin Fruit, vegetable and cereals fresh or pro cessed — Raisin
41 Anhua Hei Cha Anhua Dark Tea Other products of Annex I of the Treaty (spices etc.) — Tea
42 Shengsi Yi Bei Shengsi Mussel Fresh fish, molluscs, and crustaceans and products and products derived therefrom — Mussels
43 Liaozhong Mei Gui Liaozhong Rose Flowers and other ornamental plants — Flowers
44 Hengxian Mo Li Hua Hengxian Jasmine Tea Other products of Annex I of the Treaty Cha (spices etc.) — Tea
45 Pujiang Que She Pujiang Que She Tea Other products of Annex I of the Treaty (spices etc.) — Tea
46 Emeishan Cha Mount Emei Tea Other products of Annex I of the Treaty (spices etc.) — Tea
47 Duobei Cha Duobei Tea Other products of Annex I of the Treaty (spices etc.) — Tea
48 Wuchang Da Mi Wuchang Rice Fruit, vegetable and cereals fresh or pro cessed — Rice
49 Fuding Bai Cha Fuding White Tea Other products of Annex I of the Treaty (spices etc.) — Tea
50 Wuchuan Yue Bing Wuchuan Mooncake Bread, pastry, cakes, confectionery, bis cuits and other baker’s wares — Pastry
51 Xinglong Ka Fei Xinglong Coffee Other products of Annex I of the Treaty (spices etc.) — Coffee
52 Shaoxing Jiu Shaoxing Rice Wine Alcoholic rice drink C 177/10 EN Official Journal of the European Union 3.6.2017
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
53 Helanshan Dong Lu Wine in Helan Moun Wine Pu Tao Jiu tain East Region
54 Huanren Bing Jiu Huanren Icewine Wine
55 Yantai Pu Tao Jiu Yantai Wine Wine
56 Huishui Hei Nuo Mi Huishui Black Gluti Alcoholic rice drink Jiu nous Rice Wine
57 Xixia Xiang Gu Xixia Mushroom Fruit, vegetable and cereals fresh or pro cessed — Mushroom
58 Hongyazi Hua Sheng Hongyazi Peanut Fruit, vegetable and cereals fresh or pro cessed — Peanut
59 Wuyi Yan Cha Wuyi Rock Tea Other products of Annex I of the Treaty (spices etc.) — Tea
60 Yingde Hong Cha Yingde Black Tea Other products of Annex I of the Treaty (spices etc.) — Tea
61 Jian Nan Chun Jiu/Jian Jian Nan Chun Liquor Spirit drink Nan Chun Chiew
62 Gao Lu Jia Jiu/Gao Lu Gao Lu Jia Liquor/Gao Spirit drink Jiu Lu Liquor
63 Ban Dao Jing Jiu Ban Dao Jing Liquor Spirit drink
64 Shacheng Pu Tao Jiu Shacheng Wine Wine
65 Moutai Jiu (Kweichow Moutai Liquor/ Spirit drink Moutai Jiu)/Moutai Kweichew Moutai Chiew (Kweichow Liquor Moutai Chiew)
66 Wu Liang Ye Wuliangye Spirit drink
67 Panjin Da Mi Panjin Rice Fruit, vegetable and cereals fresh or pro cessed — Rice 3.6.2017 EN Official Journal of the European Union C 177/11
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
68 Jixian Ping Guo Jixian Apple Fruit, vegetable and cereals fresh or pro cessed — Fruit
69 Etuoke Aerbasi Shan Otog Arbas Goat Fresh Meat (and offal) — Goat meat Yang Rou Meat
70 Zhalantun Hei Mu Er Zhalantun Black Fruit, vegetable and cereals fresh or pro Fungus cessed — Mushroom
71 Xiuyan Hua Zi Mo Xiuyan Fruit, vegetable and cereals fresh or pro Mushroom-slide cessed — Mushroom
72 Donggang Da Huang Donggang Surf Clam Fresh fish, molluscs, and crustaceans and Xian products and products derived therefrom — Clam
73 Dongning Hei Mu Er Dongning Black Fruit, vegetable and cereals fresh or pro Fungus cessed — Mushroom
74 Nanjing Yan Shui Ya Nanjing Salted Duck Meat product (cooked, salted, smoked) — Duck meat
75 Qiandao Yin Zhen Qiandao Rare Tea Other products of Annex I of the Treaty (spices etc.) — Tea
76 Taishun San Bei Xiang Taishun three cups of Other products of Annex I of the Treaty Cha incense Tea (spices etc.) — Tea
77 Jinhua Liang Tou Wu Jinhua Pig Fresh Meat (and offal) — Pig meat Zhu
78 Luoyuan Xiu Zhen Gu Luoyuan Pleurotus Fruit, vegetable and cereals fresh or pro Geesteranus cessed — Mushroom
79 Tongjiang Lu Yu Tongjiang Bass Fresh fish, molluscs, and crustaceans and products and products derived therefrom — Fish
80 Le’an Zhu Sun Le’an Bamboo Shoots Fruit, vegetable and cereals fresh or pro cessed — Vegetable C 177/12 EN Official Journal of the European Union 3.6.2017
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
81 Junan Hua Sheng Junan Peanut Fruit, vegetable and cereals fresh or pro cessed — Peanut
82 Wendeng Ping Guo Wendeng Apple Fruit, vegetable and cereals fresh or pro cessed — Fruit
83 Anqiu Da Cong Anqiu Chinese Onion Fruit, vegetable and cereals fresh or pro cessed — Vegetable
84 Xianghua La Jiao Xianghua Pepper Fruit, vegetable and cereals fresh or pro cessed — Vegetable
85 Macheng Fu Bai Ju Macheng Chrysanthe Other products of Annex I of the Treaty mum Tea (spices etc.) — Tea
86 Qianjiang Long Xia Qianjiang Crayfish Fresh fish, molluscs, and crustaceans and products and products derived therefrom — Crayfish
87 Yidu Yi Hong Cha Yidu Black Tea Other products of Annex I of the Treaty (spices etc.) — Tea
88 Dapu Mi You Tai Po Honey Pomelo Fruit, vegetable and cereals fresh or pro cessed — Fruit
89 Guiping Xi Shan Cha Guiping Xishan Tea Other products of Annex I of the Treaty (spices etc.) — Tea
90 Baise Mang Guo Baise Mango Fruit, vegetable and cereals fresh or pro cessed — Fruit
91 Wuxi Yang Yu Wuxi Potato Fruit, vegetable and cereals fresh or pro cessed — Vegetable
92 Sichuan Pao Cai Sichuan Style Pickles Fruit, vegetable and cereals fresh or pro cessed — Pickles
93 Naxi Te Zao Cha Naxi Early-Spring Tea Other products of Annex I of the Treaty (spices etc.) — Tea 3.6.2017 EN Official Journal of the European Union C 177/13
Name as registered in People’s Republic of Transcription (*) Translation (*) Short Description China
94 Pu’er Ka Fei Pu’er Coffee Other products of Annex I of the Treaty (spices etc.) — Coffee
95 Hengshan Da Ming Lü Hengshan Daming Fruit, vegetable and cereals fresh or pro Dou Mung Bean cessed — Bean
96 Meixian Mi Hou Tao Meixian Kiwifruit Fruit, vegetable and cereals fresh or pro cessed — Fruit
97 Tianzhu Bai Mao Niu Tianzhu White Yak Fresh Meat (and offal) — Yak meat
98 Chaidamu Gou Qi Chaidamu Goji Berry Fruit, vegetable and cereals fresh or pro cessed – Goji berry
99 Ningxia Da Mi Ningxia Rice Fruit, vegetable and cereals fresh or pro cessed — Rice
100 Jinghe Gou Qi Jinghe Goji Berry Fruit, vegetable and cereals fresh or pro cessed — Goji berry
(*) For information purpose only.