INFORMATION NOTICE – PUBLIC CONSULTATION

Geographical Indications from Costa Rica to be protected as Geographical Indications in the European Union

(2021/C 489/06)

In the framework of the agreement (1) establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other hand (2) the authorities of Costa Rica have presented an additional geographical indication to be protected under the agreement.

The above-mentioned agreement, in accordance with its article 247, provides for the possibility of adding additional geographical indications for wines, spirits, agricultural products and foodstuffs to be protected on the basis of the rules and procedures established. Following a successful examination by the competent authorities, this additional geographical indication will be included in Annex XVIII (Protected Geographical Indications) in accordance with the relevant rules and procedures for the Association Council.

In the framework of this examination, 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-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 (3) ) 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 protection of these names in the European Union is subject to the successful conclusion of this procedure and the subsequent legal act adding this term to the above mentioned Agreement.

Geographical Indications from Costa Rica to be protected as Geographical Indications in the EU for agricultural products and foodstuffs

Name as registered in Costa Rica Short description Café Tarrazú Coffee

(1) Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

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

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