INFORMATION NOTICE — PUBLIC CONSULTATION

Name from Mexico to be protected as Geographical Indication of spirit drinks in the European Union

(2019/C 229/04)

In the regular process of updating the spirit drinks lists in Annexes I and II to the Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks of 1997 (hereafter ‘the 1997 Spirits Agreement’), Mexico has submitted, for protection under the 1997 Spirits Agreement, the name in the table attached. The European Commission is currently considering whether this name should be protected under the 1997 Spirits Agreement as Geographical Indication within the meaning of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

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 opposition 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 email address: AGRI-A3@ec.europa.eu

Statements of opposition will 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) 2019/787 on the definition, description, presentation, labelling of spirit drinks, the use of names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications of spirit drinks and the use of ethyl alcohol distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), or contained in the agreements the Union has concluded with the following countries: — Switzerland (2) — Korea (3) — Central America (4) — Chile (5) — Colombia, Peru and Ecuador (6) — Serbia (7) — Moldova (8) — Georgia (9) — Liechtenstein (10) — USA (11) — Canada (12) — Ukraine (13)

(c) in 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 will 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 this name in the European Union is subject to the conclusion of a legal act amending the Annexes to the 1997 Spirits Agreement.

Name from Mexico to be protected as Geographical Indication in the European Union for spirit drinks (14)

Name Short description Raicilla Agave spirit drink

(1) OJ L 130, 17.5.2019, p. 1.

(2) Council Decision of 25 May 2009 on the conclusion of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 136, 30.5.2009, p. 1).

(3) Council Decision 2011/265/EU 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).

(4) 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).

(5) 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 — Final act (OJ L 352, 30.12.2002, p. 3).

(6) 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).

(7) Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(8) Decision No 1/2016 of the Geographical Indications Sub-Committee of 18 October 2016 amending Annexes XXX-C and XXX-D to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part [2016/2127] (OJ L 335, 9.12.2016, p. 1).

(9) Decision No 1/2016 of the Geographical Indications Sub-Committee of 10 November 2016 amending Annex XVII-C and Part B of Annex XVII-D to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part [2016/2128] (OJ L 335, 9.12.2016, p. 133).

(10) 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 (OJ L 270, 13.10.2007, p. 6).

(11) Agreement in The Form of an Exchange of Letters between the European Community and the United States of America on the mutual recognition of certain distilled spirits/spirit drinks (OJ L 157, 24.6.1994, p. 37).

(12) Agreement between the European Community and Canada on trade in wines and spirit drinks (OJ L 35, 6.2.2004, p. 3).

(13) Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(14) Name provided by the Mexican authorities in the framework of the updating of Annexes I and II to the 1997 Spirits Agreement. The name included in the list is registered in Mexico.