# Council Decision of 24 June 2014 on the position to be adopted on behalf of the European Union within the Association Council            set up by the Agreement establishing an Association between the European Union and its Member States, on the one hand, and            Central America, on the other, as regards the adoption of a decision by the Association Council on the inclusion in Annex            XVIII of the respective geographical indications protected in the territory of the parties (2014/429/EU)         

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U.K.

# Council Decision

# of 24 June 2014

# on the position to be adopted on behalf of the European Union within the Association Council set up by the Agreement establishing                        an Association between the European Union and its Member States, on the one hand, and Central America, on the other, as regards                        the adoption of a decision by the Association Council on the inclusion in Annex XVIII of the respective geographical indications                        protected in the territory of the parties                     

# (2014/429/EU)

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 Article 218(9) thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America,                              on the other(1) (‘the Agreement’) was initialled on 22 March 2011 and signed on 29 June 2012.

(2)The Agreement, pursuant to Article 353(4) thereof, has been applied provisionally since 1 August 2013 with Nicaragua, Honduras                              and Panama, since 1 October 2013 with El Salvador and Costa Rica, and since 1 December 2013 with Guatemala.

(3)Pursuant to Article 353(5) of the Agreement, each Party has fulfilled the requirements established in Article 244 and Article                              245(1)(a) and (b), which relate to the implementation of legislation on geographical indications and the registration and                              protection of the relevant geographical indications as listed in Annex XVII to the Agreement.

(4)Article 4 of the Agreement establishes an Association Council which is to, inter alia, oversee the fulfilment of the objectives                              of the Agreement and supervise its implementation.

(5)Article 245(2) of the Agreement provides that the Association Council, at its first meeting, is to adopt a Decision including                              in Annex XVIII (‘Protected Geographical Indications’) all names from Annex XVII (‘List of Names to be Applied for Protection                              as Geographical Indications in the Territory of the Parties’) which are protected as geographical indications following their                              successful examination by the Parties' competent national or regional authorities (the ‘Decision of the Association Council’).

(6)The Decision of the Association Council also concerns additional geographical indications from Central America, listed in                              the Joint Declaration, attached to the Agreement, ‘Names that have been applied for registration as geographical indications                              in a Republic of a Central American Party’, provided that they have been successfully registered as geographical indications                              in the Party of Origin and have subsequently been successfully examined by the competent authority of the Union.

(7)The objections raised against the registration of Banano de Costa Rica in the Union are rejected on the ground that they either                              do not comply with the criteria specified in the public consultation or, where eligible, are not substantiated. No other objection                              was made under this public consultation.

(8)It is appropriate to establish the position to be adopted on behalf of the Union within the Association Council as regards                              the geographical indications to be inserted in Annex XVIII of the Agreement.

(9)The position of the Union should therefore be based on the attached draft Decision of the Association Council,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The position to be adopted on behalf of the Union within the Association Council set up by Article 4 of the Agreement establishing                     an Association between the European Union and its Member States, on the one hand, and Central America, on the other, as regards                     the geographical indications to be included in Annex XVIII, Part A and Part B of the Agreement, shall be based on the draft                     Decision of the Association Council attached to this Decision.                  

Minor technical corrections to the draft Decision of the Association Council may be agreed to by the representatives of the                     Union in the Association Council, without further decision of the Council.                  

# Article 2U.K.

After its adoption, the Decision of the Association Council shall be published in the *Official Journal of the European Union*.                  

# Article 3U.K.

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 24 June 2014.

*For the Council*                            

*The President*                            

E. Venizelos                            

U.K.

DRAFT

# DECISION No .../2014 OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL

# of [...]

# on the Geographical Indications to be included in Annex XVIII of the Agreement

THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand,                                 and Central America, on the other (‘the Agreement’), and in particular Article 245(2) thereof,                              

Whereas:

(1)Pursuant to Article 353(4), Part IV of the Agreement has been applied provisionally since 1 August 2013 with Nicaragua, Honduras                                    and Panama, since 1 October 2013 with El Salvador and Costa Rica, and since 1 December 2013 with Guatemala.

(2)Geographical Indications of the European Union and of Central America, which have been listed under Annex XVII to the Agreement,                                    or under the Joint Declaration ‘Names that have been applied for registration as geographical indications in a Republic of                                    a Central American Party’, and which have since been successfully examined by the competent authorities of the other Party,                                    shall be listed under Annex XVIII, in accordance with Title VI and Title XIII of Part IV of the Agreement,

HAS DECIDED AS FOLLOWS:

## Sole ArticleU.K.Amendment of Annex XVIII

The Geographical Indications listed in the Annex to this Decision shall be included in Annex XVIII, Part A and Part B to the                           Agreement, as provided for in the Annex to this Decision.                        

This Decision shall enter into force on the date of its adoption.

Done at ..., on ....

*For the EU-Central America Association Council,*                                  

[...]

*For Costa Rica*                                  

[...]

*For El Salvador*                                  

[...]

*For Guatemala*                                  

[...]

*For Honduras*                                  

[...]

*For Nicaragua*                                  

[...]

*For Panama*                                  

[...]

*For the European Union*                                  

## ANNEXU.K.TO DECISION No ... OF THE EU-CENTRAL AMERICA ASSOCIATION COUNCIL

### ANNEX XVIIIPROTECTED GEOGRAPHICAL INDICATIONS

### PART AU.K.Geographical indications of the EU Party protected in the Republics of the Central American Party in accordance with Title                              VI (Intellectual Property) of Part IV of this Agreement

### PART BU.K.Geographical indications of the Republics of the Central American Party protected in the EU Party in accordance with Title                              VI (Intellectual Property) of Part IV of this Agreement

1

OJ L 346, 15.12.2012, p. 3.