Information Notice — Public Consultation — Geographical indications from the Swiss Confederation
Date: 2016-11-19
Institutions: European Commission
Subjects: Switzerland, confectionery product, consumer information, designation of origin, meat product, product designation, public consultation








C_2016427EN.01000601.xml










19.11.2016   


EN


Official Journal of the European Union


C 427/6





INFORMATION NOTICE — PUBLIC CONSULTATION
Geographical indications from the Swiss Confederation
(2016/C 427/06)
The Agreement between the EU 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) (adding a new Annex 12 to this Agreement) entered into force on 1 December 2011 (2).
Article 16 of this Annex 12 foresees the possibility for the Parties to add new geographical indications (GIs) to be protected in Appendixes 1 and 2. The two parties are in the process of updating the list of GIs in these Appendixes with denominations that have been registered in their respective territories in 2015. In this context, the protection in the European Union, as geographical indications, of the following names of the Swiss Confederation is under consideration:






—


Jambon cru du Valais,










—


Lard sec du Valais,










—


Zuger Kirschtorte.




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 two months of the date of this publication. Statements of opposition should be sent to the following email address:
AGRI-A4-GI@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) or contained in the agreements the Union has concluded with the following countries:






—


Korea (4)











—


Central America (5)











—


Colombia and Peru (6)











—


Montenegro (7)











—


Bosnia and Herzegovina (8)











—


Serbia (9)











—


Georgia (10)











—


Moldova (11)











—


South Africa (12)











—


CARIFORUM (13)











—


Ukraine (14)















(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 eventual protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.


(1)  OJ L 297, 16.11.2011, p. 3.

(2)  OJ L 302, 19.11.2011, p. 1.

(3)  OJ L 343, 14.12.2012, p. 1.

(4)  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).

(5)  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).

(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 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).

(8)  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).

(9)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement matters 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).

(10)  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).

(11)  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).

(12)  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).

(13)  Economic Partnership Agreement between the CARIFORUM States, of the one part, and the EU (OJ L 289, 30.10.2008).

(14)  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).