Information Notice — Public Consultation — Geographical indications from Georgia
Date: 2017-07-13
Institutions: European Commission
Subjects: Georgia, consumer information, designation of origin, honey, leaf vegetable, potato, public consultation, tea








C_2017224EN.01002101.xml










13.7.2017   


EN


Official Journal of the European Union


C 224/21





INFORMATION NOTICE — PUBLIC CONSULTATION
Geographical indications from Georgia
(2017/C 224/12)
In the context of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, and Georgia (1), the protection in the European Union, as geographical indication, of the Georgian names set out below is under consideration.
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-A5-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 (2) or contained in the agreements the Union has concluded with the following countries:






—


Korea (3)











—


Central America (4)











—


Colombia, Peru and Ecuador (5)











—


Montenegro (6)











—


Bosnia and Herzegovina (7)











—


Serbia (8)











—


Moldova (9)











—


SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland) (10)











—


Ukraine (11)











—


Switzerland (12)















(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 publication of this notice shall not imply that the names under consideration will ultimately be granted protection as geographic indications in the European Union. The possible protection of these names in the European Union is subject to the successful conclusion of further steps under the Association Agreement and subsequent legal acts.

Geographical Indication









 


Name to be protected


Transcription in Latin characters/
Translation in English


Type of product




1







Akhalkalakis kartopili/
Akhalkalaki Potato


Potato




2







Machakhelas tapli/
Machakhela Honey


Honey




3







Tqibulis mtischai/
Tkibuli Mountain Tea


Tea




4







Kutaisis mtsvanili/
Kutaisi Greens


Greens






(1)  OJ L 261, 30.8.2014, p. 4.

(2)  OJ L 343, 14.12.2012, 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)  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).

(6)  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).

(7)  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).

(8)  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).

(9)  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).

(10)  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. 3).

(11)  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).

(12)  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, and in particular the Agreement between the European Community and the Swiss Confederation on trade in Agricultural products (OJ L 114, 30.4.2002, p. 132).