COUNCIL DECISION
of 24 June 2014
on the position to be adopted on behalf of the European Union within the Association Council set up by the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, as regards the adoption of a decision by the Association Council on the inclusion in Annex XVIII of the respective geographical indications protected in the territory of the parties
(2014/429/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (1) (‘the Agreement’) was initialled on 22 March 2011 and signed on 29 June 2012.
(2)
The Agreement, pursuant to Article 353(4) thereof, has been applied provisionally since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica, and since 1 December 2013 with Guatemala.
(3)
Pursuant to Article 353(5) of the Agreement, each Party has fulfilled the requirements established in Article 244 and Article 245(1)(a) and (b), which relate to the implementation of legislation on geographical indications and the registration and protection of the relevant geographical indications as listed in Annex XVII to the Agreement.
(4)
Article 4 of the Agreement establishes an Association Council which is to, inter alia, oversee the fulfilment of the objectives of the Agreement and supervise its implementation.
(5)
Article 245(2) of the Agreement provides that the Association Council, at its first meeting, is to adopt a Decision including in Annex XVIII (‘Protected Geographical Indications’) all names from Annex XVII (‘List of Names to be Applied for Protection as Geographical Indications in the Territory of the Parties’) which are protected as geographical indications following their successful examination by the Parties' competent national or regional authorities (the ‘Decision of the Association Council’).
(6)
The Decision of the Association Council also concerns additional geographical indications from Central America, listed in the Joint Declaration, attached to the Agreement, ‘Names that have been applied for registration as geographical indications in a Republic of a Central American Party’, provided that they have been successfully registered as geographical indications in the Party of Origin and have subsequently been successfully examined by the competent authority of the Union.
(7)
The objections raised against the registration of Banano de Costa Rica in the Union are rejected on the ground that they either do not comply with the criteria specified in the public consultation or, where eligible, are not substantiated. No other objection was made under this public consultation.
(8)
It is appropriate to establish the position to be adopted on behalf of the Union within the Association Council as regards the geographical indications to be inserted in Annex XVIII of the Agreement.
(9)
The position of the Union should therefore be based on the attached draft Decision of the Association Council,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on behalf of the Union within the Association Council set up by Article 4 of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, as regards the geographical indications to be included in Annex XVIII, Part A and Part B of the Agreement, shall be based on the draft Decision of the Association Council attached to this Decision.
Minor technical corrections to the draft Decision of the Association Council may be agreed to by the representatives of the Union in the Association Council, without further decision of the Council.
Article 2
After its adoption, the Decision of the Association Council shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 24 June 2014.