EN Official Journal of the European Union C 136/21

INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from Switzerland and Liechtenstein

2012/C 136/12

The Agreement between the European Union and the Swiss Confederation on the protection of designations 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 (1) entered into force on 1 December 2011 (2). The Agreement between the European Union, the Swiss Confederation and the Principality of Liechtenstein amending the Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (3) entered into force on 1 December 2011 (4).

The review according to Article 16 to Annex 12 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is now under way. In this context, the protection in the European Union, as geographical indications, of the Swiss and Liechtenstein's names set out below is under consideration.

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 e-mail address: AGRI-B3-GI@ec.europa.eu

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:

(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 Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (5);

(c) 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;

(d) 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;

(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 eventual protection of these names in the European Union is subject to the successful conclusion of the review under the abovementioned Article 16 and subsequent legal act.

List of GIs for agricultural products and foodstuffs (6)

Class of product Name Protection Cheeses Werdenberger Sauerkäse, Liechtensteiner Sauerkäse and Bloderkäse PDO Charcuterie Glarner Kalberwurst PGI

(1) OJ L 297, 16.11.2011, p. 3.

(2) OJ L 302, 19.11.2011, p. 1.

(3) OJ L 297, 16.11.2011, p. 49.

(4) OJ L 302, 19.11.2011, p. 2.

(5) OJ L 93, 31.3.2006, p. 12.

(6) List provided by the Swiss authorities in the framework of the ongoing review, registered in Switzerland according to Swiss Ordinance of 28 May 1997 on the protection of designations of origin and geographical indications for agricultural products and processed agricultural products (http://www.admin.ch/ch/f/rs/c910_12.html).