INFORMATION NOTICE – PUBLIC CONSULTATION

Geographical Indications from Chile to be protected as Geographical Indications in the European Union

(2021/C 184/13)

Within the on-going negotiations with Chile for a Modernised Free Trade Agreement (hereafter ‘the Agreement’) including a chapter on Geographical Indications, the Chilean authorities have presented, for protection under the Agreement, the attached list of geographical indications. The European Commission is currently considering whether these Geographical Indications shall be protected under the future 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 one month of the date of this publication. Statements of opposition should be sent to the following e-mail address: AGRI-A3@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;

(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) ) available here: https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-quality/certification/quality-labels/geographical-indications-register/ or with one of the geographical indications from non-EU countries protected in the EU under bilateral agreements publicly available on GIview, available here: https://www.tmdn.org/giview/ or in the list available here: https://ec.europa.eu/info/sites/info/files/food-farming-fisheries/food_safety_and_quality/documents/list-gis-non-eu-countries-protected-in-eu_en.pdf

(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 geographical indications in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.

List of Geographical Indications from Chile to be protected as Geographical Indications in the EU for agricultural products and foodstuffs (2)

Name as registered in Chile Short description 1. SAL DE CAHUIL - BOYERUCA LO VALDIVIA Salt 2. PROSCIUTTO DE CAPITAN PASTENE Cured ham 3. LIMON DE PICA Lemons 4. LANGOSTA DE JUAN FERNANDEZ Lobsters 5. ATUN DE ISLA DE PASCUA Tuna – Fish/Fish fillets/Live fish 6. CANGREJO DORADO DE JUAN FERNANDEZ Crab – Live/Not live 7. CORDERO CHILOTE Lamb meat 8. DULCES DE LA LIGUA Pastries 9. MAIZ LLUTEÑO Corn 10. SANDIA DE PAINE Watermelon 11. ACEITUNAS DE AZAPA Preserved/Fresh olives 12. OREGANO DE LA PRECORDILLERA DE PUTRE Oregano 13. TOMATE ANGOLINO Tomatoes 14. DULCES DE CURACAVÍ Pastries 15. ACEITE DE OLIVA DEL VALLE DEL HUASCO Olive oil 16. PUERRO AZUL DE MAQUEHUE Leeks 17. SIDRA DE PUNUCAPA Cider 18. CHICHA DE CURACAVI Fermented Beverage

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

(2) List provided by the Chilean authorities in the framework of the on-going negotiations, registered in Chile.