EN Official Journal of the European Union C 353/34

INFORMATION NOTICE — PUBLIC CONSULTATION

Names from Mercosur to be protected as geographical indications in the European Union

(2017/C 353/09)

Within the ongoing negotiations with Mercosur (Argentina, Brazil, Paraguay and Uruguay) for an Association Agreement (hereafter ‘the Agreement’) including a chapter on geographical indications, the Mercosur authorities have presented, for protection under the Agreement, the attached list of names. The European Commission is currently considering whether these names shall be protected under the future Agreement as geographical indications 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 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 email 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), 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, Peru and Ecuador (11), — former Yugoslav Republic of Macedonia (12), — Canada (13), — United States (14), — Albania (15), — Montenegro (16), — Bosnia and Herzegovina (17), — Serbia (18), — Moldova (19), — Ukraine (20), — Georgia (21);

(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 names from Mercosur to be protected as geographical indications in the European Union for agricultural products, foodstuffs, wines and spirits (22)

Name Short description Argentina 25 de Mayo Wines 9 de Julio Wines Agrelo Wines Albardón Wines Alto valle de Río Negro Wines Angaco Wines Añelo Wines Arauco Wines Avellaneda Wines Barrancas Wines Barreal Wines Belén Wines Cachi Wines Cafayate — Valle de Cafayate Wines Calingasta Wines Castro Barros Wines Catamarca Wines Caucete Wines Chapadmalal Wines Chilecito Wines Chimbas Wines Colón Wines Colonia Caroya Wines Confluencia Wines Córdoba Argentina Wines Cruz del Eje Wines Cuyo Wines Distrito Medrano Wines El Paraíso Wines Famatina Wines Felipe Varela Wines General Alvear Wines General Conesa Wines General Lamadrid Wines General Roca Wines Godoy Cruz Wines Guaymallén Wines Iglesia Wines Jáchal Wines Jujuy Wines Junín Wines La Consulta Wines La Paz Wines La Rioja Argentina Wines Las Compuertas Wines Las Heras Wines Lavalle Wines Luján de Cuyo Wines Lunlunta Wines Maipú Wines Mendoza Wines Molinos Wines Neuquén Wines Paraje Altamira Wines Patagonia Wines Pichimahuida Wines Pocito Wines Pomán Wines Pozo de los Algarrobos Wines Quebrada de Humahuaca Wines Rawson Wines Río Negro Wines Rivadavia de San Juan Wines Rivadavia de Mendoza Wines Russel Wines Salta Wines San Blas de los Sauces Wines San Carlos de Mendoza Wines San Carlos de Salta Wines San Javier Wines San Juan Wines San Martín de Mendoza Wines San Martín de San Juan Wines San Rafael Wines Sanagasta Wines Santa Lucía Wines Santa María Wines Santa Rosa Wines Sarmiento Wines Tafí Wines Tinogasta Wines Tucumán Wines Tunuyán Wines Tupungato — Valle de Tupungato Wines Ullum Wines Valle de Chañarmuyo Wines Valle de Uco Wines Valle del Pedernal Wines Valle del Tulum Wines Valle Fértil Wines Valle de Zonda Wines Valles Calchaquíes Wines Valles del Famatina Wines Vinchina Wines Villa Ventana Wines Vista Flores Wines Zonda Wines Alcauciles Platenses/Alcachofas Platenses Alcauciles Romanesco, Híbridos Violeta y Blanco Fruit, vegetables and cereals or processed: artichoke Chivito Criollo del Norte Neuquino/Chivito mamón/Chivito de veranada Meat product: lamb Cordero Patagónico Meat product: lamb Dulce de Membrillo Rubio de San Juan Other products: quince jam Melón de Media Agua, San Juan Fruit, vegetables and cereals fresh or processed: cantaloupe Salame de Tandil Meat product: salami Salame Típico de Colonia Caroya Meat product: salami Yerba Mate Argentina/Yerba Mate Elaborada con Palo Other beverages: mate Brasil Alta Mogiana Coffee Altos Montes Wines and sparkling wines Cachaça Cane Spirits — Cachaça Canastra Cheese Carlópolis Guava Cruzeiro do Sul Cassava flour Farroupilha White wine, sparkling wine and liqueur Linhares Cocoa beans Litoral Norte Gaúcho Rice Manguezais de Alagoas Red propolis Mara Rosa Saffron Maracaju Sausage Marialva Fine table grapes Microrregião de Abaíra Cane Spirits — Cachaça Monte Belo Wines and sparkling wines Mossoró Melon Norte Pioneiro do Paraná Coffee Oeste do Paraná Honey Ortigueira Honey Pampa Gaúcho da Campanha Meridional Beef and meat products Pantanal Honey Paraty Cane Spirits — Cachaça Pelotas Fine sweets Piauí Cajuína Pinto Bandeira Wines: red, white and sparkling wine Região da Costa Negra Shrimps Região da Própolis Verde de Minas Gerais Green propolis Região da Serra da Mantiqueira de Minas Gerais Coffee Região de Pinhal Coffee Região de Salinas Cane Spirits — Cachaça Região do Cerrado Mineiro Coffee Rio Negro Ornamental fishes São Bento de Urânia Yam São Matheus Yerba mate São Tiago Shortbread Serro Cheese Vale do Sinos Finished leather Vale do Submédio São Francisco Table grapes and mangos Vale dos Vinhedos Wines: red, white and sparkling wine Vales da Uva Goethe White wine, sparkling wine and liqueur Uruguay Bella Unión Wines Atlántida Wines Canelón Chico Wines Canelones Wines Carmelo Wines Carpinteria Wines Cerro Carmelo Wines Cerro Chapeu Wines Constancia Wines El Carmen Wines Garzón Wines José Ignacio Wines Juanico Wines La Caballada Wines La Cruz Wines La Puebla Wines Las Brujas Wines Las Violetas Wines Lomas De La Paloma Wines Los Cerrillos Wines Los Cerros De San Juan Wines Manga Wines Paso Cuello Wines Progreso Wines Rincón De Olmos Wines Rincón del Colorado Wines San José Wines Santos Lugares Wines Sauce Wines Sierra de la Ballena Wines Sierra de Mahoma Wines Suarez Wines Villa Del Carmen Wines Montevideo Wines Sur de Florida Wines Maldonado Wines Sur de Rocha Wines Colonia Wines Soriano Wines Rio Negro Wines Salto Wines Paysandú Wines Artigas Wines Rivera Wines Tacuarembó Wines Flores Wines Norte de Florida Wines Cerro Largo Wines Norte de Lavalleja Wines Norte de Rocha Wines Colon Wines La Paz Wines San Carlos Wines Santa Rosa Wines Santa Lucía Wines

(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 of the Council, and of the Commission 2002/309/EC, Euratom 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) 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).

(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) and Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, 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 — Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(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) Council Decision 2013/7/EU 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. 1).

(20) 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).

(21) Council Decision 2012/164/EU 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).

(22) List provided by the Mercosur authorities in the framework of the ongoing negotiations, registered in Argentina, Brazil and Uruguay.