# Official Journal C 274/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 274 |
| | |
| English edition | Information and Notices | Volume 5721 August 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 274

English edition

Information and Notices

Volume 5721 August 2014

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 274/01 | Non-opposition to a notified concentration (Case M.7207 — Clayton Dubilier & Rice/Ashland Water Technologies) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 274/01

Non-opposition to a notified concentration (Case M.7207 — Clayton Dubilier & Rice/Ashland Water Technologies) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 274/02 | Euro exchange rates | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2014/C 274/03 | State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 274/02

Euro exchange rates

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2014/C 274/03

State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

3

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2014/C 274/04 | Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 18 March 2014 in the proceedings concerning Otto Kaufmann AG (Case E-9/14) | 4 |
| 2014/C 274/05 | Request for an Advisory Opinion from the EFTA Court by Eidsivating lagmannsrett dated 31 March 2014 in the case of Enes Deveci and Others v Scandinavian Airlines System Denmark-Norway-Sweden (Case E-10/14) | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 274/06 | Prior notification of a concentration (Case M.7374 — Bain Capital / Itochu / Bellsystem) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2014/C 274/07 | Prior notification of a concentration (Case M.7220 — Chiquita Brands International/Fyffes) (
  1
  ) | 6 |
| | OTHER ACTS |
| | European Commission |
| 2014/C 274/08 | Information Notice — Public Consultation — Geographical indications from Vietnam | 7 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2014/C 274/04

Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 18 March 2014 in the proceedings concerning Otto Kaufmann AG (Case E-9/14)

4

2014/C 274/05

Request for an Advisory Opinion from the EFTA Court by Eidsivating lagmannsrett dated 31 March 2014 in the case of Enes Deveci and Others v Scandinavian Airlines System Denmark-Norway-Sweden (Case E-10/14)

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 274/06

Prior notification of a concentration (Case M.7374 — Bain Capital / Itochu / Bellsystem) — Candidate case for simplified procedure (
  1
  )

1

5

2014/C 274/07

Prior notification of a concentration (Case M.7220 — Chiquita Brands International/Fyffes) (
  1
  )

1

6

OTHER ACTS

European Commission

2014/C 274/08

Information Notice — Public Consultation — Geographical indications from Vietnam

7

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| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 21.8.2014 | EN | Official Journal of the European Union | C 274/1 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/1

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Non-opposition to a notified concentration

(Case M.7207 — Clayton Dubilier & Rice/Ashland Water Technologies)

(Text with EEA relevance)

(2014/C 274/01)

On 6 June 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7207. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7207. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 21.8.2014 | EN | Official Journal of the European Union | C 274/2 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/2

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Euro exchange rates (1)

20 August 2014

(2014/C 274/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3284 |
| JPY | Japanese yen | 137,23 |
| DKK | Danish krone | 7,4560 |
| GBP | Pound sterling | 0,79810 |
| SEK | Swedish krona | 9,1651 |
| CHF | Swiss franc | 1,2106 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,2035 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,928 |
| HUF | Hungarian forint | 313,25 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1828 |
| RON | Romanian leu | 4,4220 |
| TRY | Turkish lira | 2,8866 |
| AUD | Australian dollar | 1,4295 |
| CAD | Canadian dollar | 1,4549 |
| HKD | Hong Kong dollar | 10,2959 |
| NZD | New Zealand dollar | 1,5836 |
| SGD | Singapore dollar | 1,6594 |
| KRW | South Korean won | 1 358,26 |
| ZAR | South African rand | 14,1898 |
| CNY | Chinese yuan renminbi | 8,1562 |
| HRK | Croatian kuna | 7,6195 |
| IDR | Indonesian rupiah | 15 565,29 |
| MYR | Malaysian ringgit | 4,2070 |
| PHP | Philippine peso | 58,250 |
| RUB | Russian rouble | 48,1988 |
| THB | Thai baht | 42,461 |
| BRL | Brazilian real | 2,9932 |
| MXN | Mexican peso | 17,3788 |
| INR | Indian rupee | 80,6450 |

Currency

Exchange rate

USD

US dollar

1,3284

JPY

Japanese yen

137,23

DKK

Danish krone

7,4560

GBP

Pound sterling

0,79810

SEK

Swedish krona

9,1651

CHF

Swiss franc

1,2106

ISK

Iceland króna

NOK

Norwegian krone

8,2035

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,928

HUF

Hungarian forint

313,25

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1828

RON

Romanian leu

4,4220

TRY

Turkish lira

2,8866

AUD

Australian dollar

1,4295

CAD

Canadian dollar

1,4549

HKD

Hong Kong dollar

10,2959

NZD

New Zealand dollar

1,5836

SGD

Singapore dollar

1,6594

KRW

South Korean won

1 358,26

ZAR

South African rand

14,1898

CNY

Chinese yuan renminbi

8,1562

HRK

Croatian kuna

7,6195

IDR

Indonesian rupiah

15 565,29

MYR

Malaysian ringgit

4,2070

PHP

Philippine peso

58,250

RUB

Russian rouble

48,1988

THB

Thai baht

42,461

BRL

Brazilian real

2,9932

MXN

Mexican peso

17,3788

INR

Indian rupee

80,6450

---

(1)  Source: reference exchange rate published by the ECB.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 21.8.2014 | EN | Official Journal of the European Union | C 274/3 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/3

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State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

(2014/C 274/03)

The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by Norway, on the following State aid measure:

| Date of adoption of the decision | : | 8 May 2014 |
| --- | --- | --- |
| Decision number | : | 192/14/COL |
| Case number | : | 71659 |
| EFTA State | : | Norway |
| Title | : | Financing of Norwegian public dental health care services |
| Legal basis | : | Act on public dental health services of 3 June 1983 No 54 |
| Objective | : | n.a. |
| Economic sectors | : | Dental health care |
| Other information | : | Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime, the Authority’s concerns regarding the incompatibility of the Norwegian public dental health care services were dispelled and the investigation closed. |

Date of adoption of the decision

:

8 May 2014

Decision number

:

192/14/COL

Case number

:

71659

EFTA State

:

Norway

Title

:

Financing of Norwegian public dental health care services

Legal basis

:

Act on public dental health services of 3 June 1983 No 54

Objective

:

n.a.

Economic sectors

:

Dental health care

Other information

:

Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime, the Authority’s concerns regarding the incompatibility of the Norwegian public dental health care services were dispelled and the investigation closed.

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 21.8.2014 | EN | Official Journal of the European Union | C 274/4 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/4

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Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 18 March 2014 in the proceedings concerning Otto Kaufmann AG

(Case E-9/14)

(2014/C 274/04)

A request has been made to the EFTA Court by a letter of 18 March 2014 from Fürstliches Landgericht (Princely Court of Justice, Liechtenstein), which was received at the Court Registry on 21 March 2014, for an Advisory Opinion in the proceedings concerning Otto Kaufmann AG, on the following question:

| — | Does the EEA Agreement, in particular the provisions on the freedom to provide services and freedom of establishment and/or individual acts of secondary law (for example, Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts or Directive 2006/123/EC on services in the internal market, which have both been incorporated into EEA law), require that where national law allows for legal persons to be convicted by a criminal court those convictions must also be clearly recorded, for example, in a criminal record? |
| --- | --- |

—

Does the EEA Agreement, in particular the provisions on the freedom to provide services and freedom of establishment and/or individual acts of secondary law (for example, Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts or Directive 2006/123/EC on services in the internal market, which have both been incorporated into EEA law), require that where national law allows for legal persons to be convicted by a criminal court those convictions must also be clearly recorded, for example, in a criminal record?

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| 21.8.2014 | EN | Official Journal of the European Union | C 274/4 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/4

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Request for an Advisory Opinion from the EFTA Court by Eidsivating lagmannsrett dated 31 March 2014 in the case of Enes Deveci and Others v Scandinavian Airlines System Denmark-Norway-Sweden

(Case E-10/14)

(2014/C 274/05)

A request has been made to the EFTA Court by a letter dated 31 March 2014 from Eidsivating lagmannsrett (Eidsivating Court of Appeal, Norway), which was received at the Court Registry on 8 April 2014, for an Advisory Opinion in the case of Enes Deveci and Others v Scandinavian Airlines System Denmark-Norway-Sweden, on the following questions:

| 1. | Is it consistent with Article 3(1), cf. Article 3(3), of Council Directive 2001/23/EC that the transferee undertaking assigns the individual employees covered by the transfer a place in a pay table set out in a collective agreement that applies in the transferee undertaking, with effect from a date after the collective agreement that applied in the transferor undertaking has expired, even if this results in a pay reduction for the individual employees? |
| --- | --- |

1.

Is it consistent with Article 3(1), cf. Article 3(3), of Council Directive 2001/23/EC that the transferee undertaking assigns the individual employees covered by the transfer a place in a pay table set out in a collective agreement that applies in the transferee undertaking, with effect from a date after the collective agreement that applied in the transferor undertaking has expired, even if this results in a pay reduction for the individual employees?

| 2. | Does the answer to Question 1 depend on whether the collective agreement that applied to the employees of the transferor was still in force when the transferee’s collective agreement was made applicable to the employees covered by the transfer of the undertaking? |
| --- | --- |

2.

Does the answer to Question 1 depend on whether the collective agreement that applied to the employees of the transferor was still in force when the transferee’s collective agreement was made applicable to the employees covered by the transfer of the undertaking?

| 3. | Does the answer to Question 1 depend on whether the reduction in pay is significant or not? |
| --- | --- |

3.

Does the answer to Question 1 depend on whether the reduction in pay is significant or not?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 21.8.2014 | EN | Official Journal of the European Union | C 274/5 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/5

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Prior notification of a concentration

(Case M.7374 — Bain Capital / Itochu / Bellsystem)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 274/06)

| 1. | On 11 August 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bain Capital Investors, LLC (‘Bain Capital’, United States of America) and Itochu Corporation (‘Itochu’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Bellsystem 24 Holdings Inc. (‘Bellsystem’, Japan) currently controlled by Bain Capital, by way of purchase of shares. |
| --- | --- |

1.

On 11 August 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bain Capital Investors, LLC (‘Bain Capital’, United States of America) and Itochu Corporation (‘Itochu’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Bellsystem 24 Holdings Inc. (‘Bellsystem’, Japan) currently controlled by Bain Capital, by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Bain Capital provides advice to and management of investment funds. Bain Capital is the ultimate general partner of private equity investment funds constituting limited partnerships, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Bain Capital provides advice to and management of investment funds. Bain Capital is the ultimate general partner of private equity investment funds constituting limited partnerships,

| — | Itochu is active in general trading in the textiles, metals/minerals, food, machinery, energy, chemicals, and ICT/general products/real estate sectors. Itochu is the ultimate parent company of the Itochu Group, |
| --- | --- |

—

Itochu is active in general trading in the textiles, metals/minerals, food, machinery, energy, chemicals, and ICT/general products/real estate sectors. Itochu is the ultimate parent company of the Itochu Group,

| — | Bellsystem provides customer relationship management outsourcing services, contract research services for pharmaceutical and medical industry and internet applications. |
| --- | --- |

—

Bellsystem provides customer relationship management outsourcing services, contract research services for pharmaceutical and medical industry and internet applications.

| 3. | On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
  Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7374 — Bain Capital / Itochu / Bellsystem, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.

Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7374 — Bain Capital / Itochu / Bellsystem, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’)

(2)  OJ C 366, 14.12.2013, p. 5.

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| 21.8.2014 | EN | Official Journal of the European Union | C 274/6 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/6

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Prior notification of a concentration

(Case M.7220 — Chiquita Brands International/Fyffes)

(Text with EEA relevance)

(2014/C 274/07)

| 1. | On 14 August 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Chiquita Brands International, Inc. (‘Chiquita’, the United States) and the undertaking Fyffes plc (‘Fyffes’, Ireland) merge within the meaning of Article 3(1)(a) of the Merger Regulation. |
| --- | --- |

1.

On 14 August 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Chiquita Brands International, Inc. (‘Chiquita’, the United States) and the undertaking Fyffes plc (‘Fyffes’, Ireland) merge within the meaning of Article 3(1)(a) of the Merger Regulation.

| 2. | The business activities of the undertakings concerned are:
  —   for Chiquita: import and wholesale of fresh produce, in particular bananas. In the EEA, Chiquita's activities also include the supply of pineapples, and other fruit, as well as the provision of ripening and shipping services,
  —   for Fyffes: procurement, shipping, import and wholesale of bananas. In the EEA, Fyffes also supplies other fruit, including pineapples, and provides ripening and shipping services. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Chiquita: import and wholesale of fresh produce, in particular bananas. In the EEA, Chiquita's activities also include the supply of pineapples, and other fruit, as well as the provision of ripening and shipping services,

—   for Fyffes: procurement, shipping, import and wholesale of bananas. In the EEA, Fyffes also supplies other fruit, including pineapples, and provides ripening and shipping services.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7220 — Chiquita Brands International/Fyffes to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7220 — Chiquita Brands International/Fyffes to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (‘the Merger Regulation’).

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OTHER ACTS

European Commission

| 21.8.2014 | EN | Official Journal of the European Union | C 274/7 |
| --- | --- | --- | --- |

21.8.2014

EN

Official Journal of the European Union

C 274/7

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INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from Vietnam

(2014/C 274/08)

In the framework of the ongoing negotiations towards a Free Trade Agreement (FTA) between the EU and Vietnam, the Vietnamese authorities have presented the attached lists of Geographical Indications (GIs) for agricultural products and foodstuffs. 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 e-mail address: AGRI-A2-GI@ec.europa.eu

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; |
| --- | --- |

(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 agricultural products and foodstuffs (1), or contained in the agreements the Union has concluded with the following countries:
  —   Switzerland: 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 (2) and in particular the Agreement between the European Community and the Swiss Federation on trade in agricultural products — Annex 7,
  —   Korea: Council Decision 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),
  —   Central America: Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (4),
  —   Colombia and Peru: Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (5),
  —   Montenegro: 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 (6),
  —   Bosnia and Herzegovina: 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 (7), Protocol 6,
  —   Serbia: 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 (8),
  —   Moldova: Council Decision 2013/7/EU 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 (9),
  —   Georgia: Council Decision 2012/164/EU 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 (10); |
| --- | --- |

(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 agricultural products and foodstuffs (1), or contained in the agreements the Union has concluded with the following countries:

—   Switzerland: 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 (2) and in particular the Agreement between the European Community and the Swiss Federation on trade in agricultural products — Annex 7,

—   Korea: Council Decision 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),

—   Central America: Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (4),

—   Colombia and Peru: Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (5),

—   Montenegro: 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 (6),

—   Bosnia and Herzegovina: 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 (7), Protocol 6,

—   Serbia: 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 (8),

—   Moldova: Council Decision 2013/7/EU 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 (9),

—   Georgia: Council Decision 2012/164/EU 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 (10);

| (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; |
| --- | --- |

(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; |
| --- | --- |

(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. |
| --- | --- |

(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.

List of GIs for agricultural products and foodstuffs
   (11)

| Name as registered in Vietnam | Description |
| --- | --- |
| | Tea |
| | Coffee bean |
| | Grapefruit (pomelo) |
| | Dragon fruit |
| | Star aniseed |
| | Litchi |
| | Extract of fish |
| | Rice |
| | Orange |
| | Tea |
| | Rice |
| | Litchi |
| | Mango |
| | Banana |
| | Cinnamon bark |
| | Shrimp paste |
| | Stoneless persimmon |
| | Grapefruit (pomelo) |
| | Rice |
| | Chestnut |
| | Custard-apple |
| | Cinnamon bark |
| | Grape |
| | Grapefruit (pomelo) |
| | Stoneless persimmon |
| | Tangerine |
| | Mango |
| | Peppermint honey |
| | Grapefruit (pomelo) |
| | Chopped cuttlefish meat |
| | Salt |
| | Grapefruit (pomelo) |
| | Apricot blossom |
| | Rice |
| | Clam |
| | Star apple fruit |
| | Orange |

Name as registered in Vietnam

Description

Image

Tea

Image

Coffee bean

Image

Grapefruit (pomelo)

Image

Dragon fruit

Image

Star aniseed

Image

Litchi

Image

Extract of fish

Image

Rice

Image

Orange

Image

Tea

Image

Rice

Image

Litchi

Image

Mango

Image

Banana

Image

Cinnamon bark

Image

Shrimp paste

Image

Stoneless persimmon

Image

Grapefruit (pomelo)

Image

Rice

Image

Chestnut

Image

Custard-apple

Image

Cinnamon bark

Image

Grape

Image

Grapefruit (pomelo)

Image

Stoneless persimmon

Image

Tangerine

Image

Mango

Image

Peppermint honey

Image

Grapefruit (pomelo)

Image

Chopped cuttlefish meat

Image

Salt

Image

Grapefruit (pomelo)

Image

Apricot blossom

Image

Rice

Image

Clam

Image

Star apple fruit

Image

Orange

---

(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 114, 30.4.2002, p. 1.

(3)  OJ L 127, 14.5.2011, p. 1.

(4)  OJ L 346, 15.12.2012, p. 3.

(5)  OJ L 354, 21.12.2012, p. 3.

(6)  OJ L 345, 28.12.2007, p. 1.

(7)  OJ L 169, 30.6.2008, p. 10.

(8)  OJ L 28, 30.1.2010, p. 1.

(9)  OJ L 10, 15.1.2013, p. 3.

(10)  OJ L 93, 30.3.2012, p. 1.

(11)  List provided by the Vietnamese authorities in the framework of the ongoing negotiations, registered in Vietnam.

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