Information Notice – Public Consultation Names from Switzerland to be protected as Geographical Indications in the European Union 2020/C 197/07
Date: 2020-06-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Switzerland, bread, confectionery product, consumer information, designation of origin, meat product, product designation, public consultation, smoked product








C_2020197EN.01001901.xml










12.6.2020   


EN


Official Journal of the European Union


C 197/19






INFORMATION NOTICE – PUBLIC CONSULTATION
Names from Switzerland to be protected as Geographical Indications in the European Union
(2020/C 197/07)
The protection in the European Union, as geographical indication, of the Swiss names set out below is under consideration for inclusion in Annex 12 of the Agreement between the European Community and the Swiss Confederation on trade in Agricultural products (1).
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 names 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)











—


Canada (6)











—


Montenegro (7)











—


Bosnia and Herzegovina (8)











—


Serbia (9)











—


Georgia (10)











—


Moldova (11)











—


South Africa (12)











—


CARIFORUM (13)











—


Ukraine (14)











—


Armenia (15)











—


Albania (16)











—


Japan (17)











—


Singapore (18)















(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 names 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.

Geographical Indication from Switzerland to be protected as geographical indication in the European Union for agricultural products and foodstuffs








Type of product


Name


Protection (19)





Meat products and charcuterie


Appenzeller Mostbröckli


PGI




Meat products and charcuterie


Appenzeller Pantli


PGI




Meat products and charcuterie


Appenzeller Siedwurst


PGI




Baked goods


Cuchaule/Freiburger Safranbrot


PDO




Meat products and charcuterie


Berner Zungenwurst


PGI






(1)  OJ L 114, 30.4.2002, p. 132.

(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 (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1).

(7)  Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (OJ L 108, 29.4.2010, p. 3).

(8)  Stabilisation and Association Agreement between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 164, 30.6.2015, p. 2).

(9)  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. 16).

(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, p. 3).

(13)  Economic Partnership Agreement between the CARIFORUM States, of the one part, and the EU (OJ L 289, 30.10.2008, p. 3).

(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, p. 3).

(15)  Comprehensive And Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (OJ L 23, 26.1.2018, p. 4).

(16)  Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (OJ L 107, 28.4.2009, p. 166).

(17)  Council Decision (EU) 2018/1907 of 20 December 2018 on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (OJ L 330, 27.12.2018, p. 1).

(18)  Council Decision (EU) 2019/1875 of 8 November 2019 on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (OJ L 294, 14.11.2019, p. 1).

(19)  In accordance with current Swiss legislation.