20.10.2017

Official Journal of the European Union

C 353/34

INFORMATION NOTICE — PUBLIC CONSULTATION

Names from Mercosur to be protected as geographical indications in the European Union

(2017/C 353/09)

Within the ongoing negotiations with Mercosur (Argentina, Brazil, Paraguay and Uruguay) for an Association Agreement (hereafter ‘the Agreement’) including a chapter on geographical indications, the Mercosur authorities have presented, for protection under the Agreement, the attached list of names. The European Commission is currently considering whether these names shall be protected under the future Agreement as geographical indications within the meaning of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

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 one month of the date of this publication. Statements of opposition should be sent to the following email address: AGRI-A3@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, Peru and Ecuador (11),

—	former Yugoslav Republic of Macedonia (12),

—	Canada (13),

—	United States (14),

—	Albania (15),

—	Montenegro (16),

—	Bosnia and Herzegovina (17),

—	Serbia (18),

—	Moldova (19),

—	Ukraine (20),

—	Georgia (21);

(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 names from Mercosur to be protected as geographical indications in the European Union for agricultural products, foodstuffs, wines and spirits (22)

Name	Short description
Argentina
25 de Mayo	Wines
9 de Julio	Wines
Agrelo	Wines
Albardón	Wines
Alto valle de Río Negro	Wines
Angaco	Wines
Añelo	Wines
Arauco	Wines
Avellaneda	Wines
Barrancas	Wines
Barreal	Wines
Belén	Wines
Cachi	Wines
Cafayate — Valle de Cafayate	Wines
Calingasta	Wines
Castro Barros	Wines
Catamarca	Wines
Caucete	Wines
Chapadmalal	Wines
Chilecito	Wines
Chimbas	Wines
Colón	Wines
Colonia Caroya	Wines
Confluencia	Wines
Córdoba Argentina	Wines
Cruz del Eje	Wines
Cuyo	Wines
Distrito Medrano	Wines
El Paraíso	Wines
Famatina	Wines
Felipe Varela	Wines
General Alvear	Wines
General Conesa	Wines
General Lamadrid	Wines
General Roca	Wines
Godoy Cruz	Wines
Guaymallén	Wines
Iglesia	Wines
Jáchal	Wines
Jujuy	Wines
Junín	Wines
La Consulta	Wines
La Paz	Wines
La Rioja Argentina	Wines
Las Compuertas	Wines
Las Heras	Wines
Lavalle	Wines
Luján de Cuyo	Wines
Lunlunta	Wines
Maipú	Wines
Mendoza	Wines
Molinos	Wines
Neuquén	Wines
Paraje Altamira	Wines
Patagonia	Wines
Pichimahuida	Wines
Pocito	Wines
Pomán	Wines
Pozo de los Algarrobos	Wines
Quebrada de Humahuaca	Wines
Rawson	Wines
Río Negro	Wines
Rivadavia de San Juan	Wines
Rivadavia de Mendoza	Wines
Russel	Wines
Salta	Wines
San Blas de los Sauces	Wines
San Carlos de Mendoza	Wines
San Carlos de Salta	Wines
San Javier	Wines
San Juan	Wines
San Martín de Mendoza	Wines
San Martín de San Juan	Wines
San Rafael	Wines
Sanagasta	Wines
Santa Lucía	Wines
Santa María	Wines
Santa Rosa	Wines
Sarmiento	Wines
Tafí	Wines
Tinogasta	Wines
Tucumán	Wines
Tunuyán	Wines
Tupungato — Valle de Tupungato	Wines
Ullum	Wines
Valle de Chañarmuyo	Wines
Valle de Uco	Wines
Valle del Pedernal	Wines
Valle del Tulum	Wines
Valle Fértil	Wines
Valle de Zonda	Wines
Valles Calchaquíes	Wines
Valles del Famatina	Wines
Vinchina	Wines
Villa Ventana	Wines
Vista Flores	Wines
Zonda	Wines
Alcauciles Platenses/Alcachofas Platenses Alcauciles Romanesco, Híbridos Violeta y Blanco	Fruit, vegetables and cereals or processed: artichoke
Chivito Criollo del Norte Neuquino/Chivito mamón/Chivito de veranada	Meat product: lamb
Cordero Patagónico	Meat product: lamb
Dulce de Membrillo Rubio de San Juan	Other products: quince jam
Melón de Media Agua, San Juan	Fruit, vegetables and cereals fresh or processed: cantaloupe
Salame de Tandil	Meat product: salami
Salame Típico de Colonia Caroya	Meat product: salami
Yerba Mate Argentina/Yerba Mate Elaborada con Palo	Other beverages: mate
Brasil
Alta Mogiana	Coffee
Altos Montes	Wines and sparkling wines
Cachaça	Cane Spirits — Cachaça
Canastra	Cheese
Carlópolis	Guava
Cruzeiro do Sul	Cassava flour
Farroupilha	White wine, sparkling wine and liqueur
Linhares	Cocoa beans
Litoral Norte Gaúcho	Rice
Manguezais de Alagoas	Red propolis
Mara Rosa	Saffron
Maracaju	Sausage
Marialva	Fine table grapes
Microrregião de Abaíra	Cane Spirits — Cachaça
Monte Belo	Wines and sparkling wines
Mossoró	Melon
Norte Pioneiro do Paraná	Coffee
Oeste do Paraná	Honey
Ortigueira	Honey
Pampa Gaúcho da Campanha Meridional	Beef and meat products
Pantanal	Honey
Paraty	Cane Spirits — Cachaça
Pelotas	Fine sweets
Piauí	Cajuína
Pinto Bandeira	Wines: red, white and sparkling wine
Região da Costa Negra	Shrimps
Região da Própolis Verde de Minas Gerais	Green propolis
Região da Serra da Mantiqueira de Minas Gerais	Coffee
Região de Pinhal	Coffee
Região de Salinas	Cane Spirits — Cachaça
Região do Cerrado Mineiro	Coffee
Rio Negro	Ornamental fishes
São Bento de Urânia	Yam
São Matheus	Yerba mate
São Tiago	Shortbread
Serro	Cheese
Vale do Sinos	Finished leather
Vale do Submédio São Francisco	Table grapes and mangos
Vale dos Vinhedos	Wines: red, white and sparkling wine
Vales da Uva Goethe	White wine, sparkling wine and liqueur
Uruguay
Bella Unión	Wines
Atlántida	Wines
Canelón Chico	Wines
Canelones	Wines
Carmelo	Wines
Carpinteria	Wines
Cerro Carmelo	Wines
Cerro Chapeu	Wines
Constancia	Wines
El Carmen	Wines
Garzón	Wines
José Ignacio	Wines
Juanico	Wines
La Caballada	Wines
La Cruz	Wines
La Puebla	Wines
Las Brujas	Wines
Las Violetas	Wines
Lomas De La Paloma	Wines
Los Cerrillos	Wines
Los Cerros De San Juan	Wines
Manga	Wines
Paso Cuello	Wines
Progreso	Wines
Rincón De Olmos	Wines
Rincón del Colorado	Wines
San José	Wines
Santos Lugares	Wines
Sauce	Wines
Sierra de la Ballena	Wines
Sierra de Mahoma	Wines
Suarez	Wines
Villa Del Carmen	Wines
Montevideo	Wines
Sur de Florida	Wines
Maldonado	Wines
Sur de Rocha	Wines
Colonia	Wines
Soriano	Wines
Rio Negro	Wines
Salto	Wines
Paysandú	Wines
Artigas	Wines
Rivera	Wines
Tacuarembó	Wines
Flores	Wines
Norte de Florida	Wines
Cerro Largo	Wines
Norte de Lavalleja	Wines
Norte de Rocha	Wines
Colon	Wines
La Paz	Wines
San Carlos	Wines
Santa Rosa	Wines
Santa Lucía	Wines

(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 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 (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) 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).

(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) 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).

(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 — Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(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) 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).

(20) 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).

(21) 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).

(22) List provided by the Mercosur authorities in the framework of the ongoing negotiations, registered in Argentina, Brazil and Uruguay.