Information Notice — Public Consultation — Geographical indications from the People’s Republic of China
Date: 2017-06-03
Institutions: European Commission
Subjects: China, alcoholic beverage, consumer information, designation of origin, floriculture, free-trade agreement, fresh product, processed food product, product design, public consultation




C_2017177EN.01000401.xml










3.6.2017   


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.