INFORMATION NOTICE – PUBLIC CONSULTATION – Names from Switzerland to be protected as Geographical Indications in the European Union
Date: 2023-10-24
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Switzerland, consumer information, designation of origin, meat product, product designation, public consultation, smoked product, vegetable oil








C_202300546EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/546


24.10.2023






INFORMATION NOTICE – PUBLIC CONSULTATION
Names from Switzerland to be protected as Geographical Indications in the European Union
(C/2023/546)

The protection in the European Union, as geographical indications, 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 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 e-mail address: AGRI-G4@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:






(1)


the protection of the name proposed would 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;










(2)


the name proposed would be wholly or partially homonymous






(a)


with that of a name already protected in the Union






(i)


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),










(ii)


under 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 (3),










(iii)


under Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation, labelling of spirit drinks, the use of names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications of spirit drinks and the use of ethyl alcohol distillates of agricultural origin in alcoholic beverages (4),














(b)


or with one of the geographical indications from non-EU countries protected in the EU under bilateral agreements available at the following address: https://www.tmdn.org/giview/














(3)


in the light of a trademark’s reputation and renown and the length of time it has been used, the protection of the name proposed would be liable to mislead the consumer as to the true identity of the product;










(4)


the protection of the name proposed would jeopardise






(a)


the existence of an entirely or partly identical name,










(b)


the existence of a trademark,










(c)


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;














(5)


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.

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








Type of product


Name


Protection (5)





Walnut oil


Huile de noix vaudoise


PDO




Meat products and charcuterie


Boutefas


PDO




Meat products and charcuterie


Jambon de la Borne


PDO






(1)  
            OJ L 114, 30.4.2002, p. 132.

(2)  
            OJ L 343, 14.12.2012, p. 1.

(3)  
            OJ L 347, 20.12.2013, p. 671.

(4)  
            OJ L 130, 17.5.2019, p. 1.

(5)  In accordance with current Swiss legislation.


ELI: http://data.europa.eu/eli/C/2023/546/oj
ISSN 1977-091X (electronic edition)