EN Official Journal of the European Union C 177/4

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: AGRI-A4@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), 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, presentation, 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) — Mexico (8) — Korea (9) — Central America (10) — Colombia and Peru (11) — Former Yugoslav Republic of Macedonia (12) — Canada (13) — United States (14) — Albania (15) — Montenegro (16) — Bosnia and Herzegovina (17) — Serbia (18) — Moldova (19) — Georgia (20)

(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.

List of Geographical Indications for agricultural products, foodstuffs, wines and spirits (21)

Name as registered in People’s Republic of China Transcription (*1) Translation (*1) Short Description 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 Fei Baoshan Arabica Coffee Other products of Annex I of the Treaty (spices etc.) — Coffee 4 Gannan Qi Cheng Gannan Navel Orange Fruit, vegetable and cereals fresh or processed — Fruit 5 Huoshan Huang Ya Huoshan Yellow Bud Tea Other products of Annex I of the Treaty (spices etc.) — Tea 6 Pixian Dou Ban Pixian Bean Paste Fruit, vegetable and cereals fresh or processed — 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 processed — Fruit 10 Tanyang Gong Fu Tanyang Gongfu Black Tea Other products of Annex I of the Treaty (spices etc.) — Tea 11 Baicheng Lü Dou Baicheng Mung Bean Fruit, vegetable and cereals fresh or processed — Bean 12 Zhaoyuan Da Mi Zhaoyuan Rice Fruit, vegetable and cereals fresh or processed — Rice 13 Wuyuan Lü Cha Wuyuan Green Tea Other products of Annex I of the Treaty (spices etc.) — Tea 14 Fuzhou Mo Li Hua Cha Fuzhou Jasmine Tea Other products of Annex I of the Treaty (spices etc.) — Tea 15 Fangxian Xiang Gu Fangxian Mushroom Fruit, vegetable and cereals fresh or processed — Mushroom 16 Nanfeng Mi Ju Nanfeng Sweet Orange Fruit, vegetable and cereals fresh or processed — Fruit 17 Cangshan Da Suan Cangshan Garlic Fruit, vegetable and cereals fresh or processed — Garlic 18 Fangxian Hei Mu Er Fangxian Black Fungus Fruit, vegetable and cereals fresh or processed — Mushroom 19 Fenggang Xin Xi Cha Fenggang Zinc Selenium Tea Other products of Annex I of the Treaty (spices etc.) — Tea 20 Kuerle Xiang Li Korla Pear Fruit, vegetable and cereals fresh or processed — Fruit 21 Pizhou Da Suan Pizhou Garlic Fruit, vegetable and cereals fresh or processed — Garlic 22 Anyue Ning Meng Anyue Lemon Fruit, vegetable and cereals fresh or processed — Lemon 23 Zhengshan Xiao Zhong Lapsang Souchong Other products of Annex I of the Treaty (spices etc.) — Tea 24 Xinghua Xiang Cong Xinghua Chive Fruit, vegetable and cereals fresh or processed — Dehydrated chive 25 Qimen Hong Cha Qimen Black Tea Other products of Annex I of the Treaty (spices etc.) — Tea 26 Yibin Ya Cai Yibin Bean Sprout Fruit, vegetable and cereals fresh or processed — Bean sprout (Pickled vegetables) 27 Jingning Ping Guo Jingning Apple Fruit, vegetable and cereals fresh or processed — Fruit 28 Anqiu Da Jiang Anqiu Ginger Other products of Annex I of the Treaty (spices etc.) — Ginger 29 Jianning Tong Xin Bai Lian Jianning White Lotus Nut Fruit, vegetable and cereals fresh or processed — Lotus nut 30 Songxi Lü Cha Songxi Green Tea Other products of Annex I of the Treaty (spices etc.) — Tea 31 Luoping Xiao Huang Jiang Luoping Yellow Ginger Other products of Annex I of the Treaty (spices etc.) — Ginger 32 Cangxi Hong Xin Mi Hou Tao Cangxi Red Kiwi Fruit Fruit, vegetable and cereals fresh or processed — Fruit 33 Qingyuan Xiang Gu Qingyuan Mushroom Fruit, vegetable and cereals fresh or processed — Mushroom 34 Changshou Sha Tian You Changshou Sha Tian Pomelo Fruit, vegetable and cereals fresh or processed — Fruit 35 Fenghuang Dan Cong Fenghuang Single Cluster Other products of Annex I of the Treaty (spices etc.) — Tea 36 Fucheng Mai Dong Fucheng Ophiopogon japonicus Fruit, vegetable and cereals fresh or processed — Tuber 37 Gou Gu Nao Gougunao Tea Other products of Annex I of the Treaty (spices etc.) — Tea 38 Wuyishan Da Hong Pao Mount Wuyi Da Hong Pao Other products of Annex I of the Treaty (spices etc.) — Tea 39 Jinzhou Ya Li Jinzhou Pear Fruit, vegetable and cereals fresh or processed — Fruit 40 Turpan Pu Tao Gan Turpan Raisin Fruit, vegetable and cereals fresh or processed — 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 Cha Hengxian Jasmine Tea Other products of Annex I of the Treaty (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 processed — 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, biscuits 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 53 Helanshan Dong Lu Pu Tao Jiu Wine in Helan Mountain East Region Wine 54 Huanren Bing Jiu Huanren Icewine Wine 55 Yantai Pu Tao Jiu Yantai Wine Wine 56 Huishui Hei Nuo Mi Jiu Huishui Black Glutinous Rice Wine Alcoholic rice drink 57 Xixia Xiang Gu Xixia Mushroom Fruit, vegetable and cereals fresh or processed — Mushroom 58 Hongyazi Hua Sheng Hongyazi Peanut Fruit, vegetable and cereals fresh or processed — 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 Nan Chun Chiew Jian Nan Chun Liquor Spirit drink 62 Gao Lu Jia Jiu/Gao Lu Jiu Gao Lu Jia Liquor/Gao Lu Liquor Spirit drink 63 Ban Dao Jing Jiu Ban Dao Jing Liquor Spirit drink 64 Shacheng Pu Tao Jiu Shacheng Wine Wine 65 Moutai Jiu (Kweichow Moutai Jiu)/Moutai Chiew (Kweichow Moutai Chiew) Moutai Liquor/Kweichew Moutai Liquor Spirit drink 66 Wu Liang Ye Wuliangye Spirit drink 67 Panjin Da Mi Panjin Rice Fruit, vegetable and cereals fresh or processed — Rice 68 Jixian Ping Guo Jixian Apple Fruit, vegetable and cereals fresh or processed — Fruit 69 Etuoke Aerbasi Shan Yang Rou Otog Arbas Goat Meat Fresh Meat (and offal) — Goat meat 70 Zhalantun Hei Mu Er Zhalantun Black Fungus Fruit, vegetable and cereals fresh or processed — Mushroom 71 Xiuyan Hua Zi Mo Xiuyan Mushroom-slide Fruit, vegetable and cereals fresh or processed — Mushroom 72 Donggang Da Huang Xian Donggang Surf Clam Fresh fish, molluscs, and crustaceans and products and products derived therefrom — Clam 73 Dongning Hei Mu Er Dongning Black Fungus Fruit, vegetable and cereals fresh or processed — 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 Cha Taishun three cups of incense Tea Other products of Annex I of the Treaty (spices etc.) — Tea 77 Jinhua Liang Tou Wu Zhu Jinhua Pig Fresh Meat (and offal) — Pig meat 78 Luoyuan Xiu Zhen Gu Luoyuan Pleurotus Geesteranus Fruit, vegetable and cereals fresh or processed — 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 processed — Vegetable 81 Junan Hua Sheng Junan Peanut Fruit, vegetable and cereals fresh or processed — Peanut 82 Wendeng Ping Guo Wendeng Apple Fruit, vegetable and cereals fresh or processed — Fruit 83 Anqiu Da Cong Anqiu Chinese Onion Fruit, vegetable and cereals fresh or processed — Vegetable 84 Xianghua La Jiao Xianghua Pepper Fruit, vegetable and cereals fresh or processed — Vegetable 85 Macheng Fu Bai Ju Macheng Chrysanthemum Tea Other products of Annex I of the Treaty (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 processed — 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 processed — Fruit 91 Wuxi Yang Yu Wuxi Potato Fruit, vegetable and cereals fresh or processed — Vegetable 92 Sichuan Pao Cai Sichuan Style Pickles Fruit, vegetable and cereals fresh or processed — Pickles 93 Naxi Te Zao Cha Naxi Early-Spring Tea Other products of Annex I of the Treaty (spices etc.) — Tea 94 Pu’er Ka Fei Pu’er Coffee Other products of Annex I of the Treaty (spices etc.) — Coffee 95 Hengshan Da Ming Lü Dou Hengshan Daming Mung Bean Fruit, vegetable and cereals fresh or processed — Bean 96 Meixian Mi Hou Tao Meixian Kiwifruit Fruit, vegetable and cereals fresh or processed — 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 processed – Goji berry 99 Ningxia Da Mi Ningxia Rice Fruit, vegetable and cereals fresh or processed — Rice 100 Jinghe Gou Qi Jinghe Goji Berry Fruit, vegetable and cereals fresh or processed — Goji berry

(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 Agreement 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.

(8) 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).

(9) 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).

(10) 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).

(11) 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).

(12) 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 reciprocal 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).

(13) 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).

(14) 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).

(15) 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 aromatised wine names (OJ L 239, 1.9.2006, p. 1).

(16) 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).

(17) 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.

(18) 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).

(19) 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).

(20) 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).

(21) List provided by the Chinese authorities in the framework of the on-going negotiations, registered in the People’s Republic of China.

(*1) For information purpose only.