Commission Decision of 20 January 2022 approving, on behalf of the European U... (32022D0124(01))

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Commission Decision of 20 January 2022 approving, on behalf of the European U... (32022D0124(01))

COMMISSION DECISION

of 20 January 2022

approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership

(2022/C 35/01)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 4 thereof,

Whereas:

(1) The Agreement between the European Union and Japan for an Economic Partnership (hereinafter referred to as ‘the Agreement’) entered into force on 1 February 2019.

(2) Within the framework of the Committee on Intellectual Property, the European Union and Japan (hereinafter referred to as ‘the Parties’) confirmed that every year, starting from 2020 and until 2022, the Joint Committee will consider up to 28 names from the European Union and from Japan respectively to be protected as geographical indications (hereinafter referred to as ‘GIs’) and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically. As from 2023, the Parties will work to continuously add to Annex 14-B additional GIs in view of each side’s interests under close coordination between the Parties. On 1 February 2021, in accordance with Article 14.30 of the Agreement, 28 GIs of the Union and 28 GIs of Japan have been added in Annex 14-B of the Agreement (2).

(3) Article 14.30 of the Agreement provides for the possibility to add new geographical indications to Annex 14-B to the Agreement to be adopted after the completion of the opposition procedure and after having examined the geographical indications as set out in paragraph 4 of Article 14.25 thereof to the satisfaction of the both Parties.

(4) The Union has completed the opposition procedure and the examination of 28 additional geographical indications of Japan and Japan has completed the opposition procedure and the examination of 28 additional geographical indications of the Union. These geographical indications should be added under the corresponding list of geographical indications of the respective Member State of the Union and to the list of geographical indications of Japan.

(5) Article 14.53(3) of the Agreement provides that the Committee on Intellectual Property, established pursuant to Article 22.3 of the Agreement, should make recommendations to the Joint Committee established pursuant to Article 22.1 of the Agreement on amendments to Annex 14-B on request of a Party.

(6) Pursuant to paragraph 5 of Article 22.1 of the Agreement, the Joint Committee may adopt decisions to amend the Agreement in specific instances, including the amendment of Annex 14-B, in accordance with the respective domestic legal procedures of the Parties.

(7) On 13 December 2021, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly.

(8) Annex 14-B to the Agreement should therefore be amended accordingly and the amendments should be approved on behalf of the Union,

HAS DECIDED AS FOLLOWS:

Article 1

The amendments to Annex 14-B to the Agreement set out in the draft Decision of the Joint Committee, are hereby approved on behalf of the European Union.

The text of the amending Agreement, in the form of a draft Decision of the Joint Committee, is attached to this Decision.

Article 2

The representative of the European Union in the Joint Committee is authorised to approve the adoption of the Decision of the Joint Committee on behalf of the European Union.

Article 3

This Decision shall be published in the

Official Journal of the European Union.

The amending Agreement in the Annex, in the form of the Decision of the Joint Committee, shall be published in the

Official Journal of the European Union

after its adoption by the Joint Committee.

Done at Brussels, 20 January 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 330, 27.12.2018, p. 1

(2)

OJ L 35, 1.2.2021, p. 31

ANNEX

DECISION No …/2022 OF THE JOINT COMMITTEE UNDER THE AGREEMENT

BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP

of [date]

on the amendments to Annex 14-B on geographical indications

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Union and Japan for an Economic Partnership (hereinafter referred to as the ‘Agreement’), and in particular Articles 14.30 and 22.2 thereof,

Whereas:

(1) The Agreement entered into force on 1 February 2019.

(2) Within the framework of the Committee on Intellectual Property, the European Union and Japan (hereinafter referred to as ‘the Parties’) confirmed that every year, starting from 2020 and until 2022, the Joint Committee will consider up to 28 names from the European Union and from Japan respectively to be protected as geographical indications (hereinafter referred to as ‘GIs’) and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically (1). As from 2023, the Parties will work to continuously add to Annex 14-B additional GIs in view of each side’s interests under close coordination between the Parties. On 1 February 2021, in accordance with Article 14.30 of the Agreement, 28 GIs of the European Union and 28 GIs of Japan have been added in Annex 14-B of the Agreement (2).

(3) Following the request of the Parties and pursuant to paragraph 1 of Article 14.30, the European Union has completed the opposition procedure and the examination of 28 additional GIs of Japan and Japan has completed the opposition procedure and the examination of 28 additional GIs of the European Union.

(4) On 13 December 2021, in accordance with paragraph 3 of Article 14.53 of the Agreement, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly.

(5) The Parties completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement, and endeavour to exchange the diplomatic notes confirming the amendments to the Agreement not more than ten working days after the Decision is adopted.

(6) Consequently, Annex 14-B to the Agreement should be amended, in accordance with paragraph 3 and subparagraph 4(g) of Article 23.2 of the Agreement.

(7) Following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union as from 1 January 2021, according to paragraph 3 of Article 14.30 of the Agreement, the lists of GIs of the United Kingdom should be removed from the lists of GIs of the European Union in Annex 14-B of the Agreement.

HAS ADOPTED THIS DECISION:

Article 1

In Section A of Part 1 of Annex 14-B to the Agreement, the list of GIs of the United Kingdom shall be removed and the GIs listed in Annex 1 to this Decision shall be added under the corresponding list of GIs of the respective Member State of the European Union.

In Section B of Part 1 of Annex 14-B to the Agreement, the GIs listed in Annex 2 to this Decision shall be added to the list of GIs of Japan.

In Section A of Part 2 of Annex 14-B to the Agreement, the list of GIs of the United Kingdom shall be removed and the GIs listed in Annex 3 to this Decision shall be added under the corresponding list of GIs of the respective Member State of the European Union.

In Section B of Part 2 of Annex 14-B to the Agreement, the GIs listed in Annex 4 to this Decision shall be added to the list of GIs of Japan.

Article 2

In the fourth year of implementation of the Agreement, the Joint Committee will decide on the addition to Annex 14-B of the Agreement of a number of up to 27 names from the European Union and from Japan respectively to be protected as GIs under the Agreement, provided that those names are GIs protected in the territory of the Party in accordance with its laws and regulations.

As from the fifth year of implementation of the Agreement, the Parties will work to continuously include additional GIs in view of the interests of each Party.

Article 3

This Decision is drawn up in duplicate. Article 1 and Annexes to this Decision are drawn up in duplicate in the authentic languages of the Agreement provided for in paragraph 1 of Article 23.8 of the Agreement, all texts being equally authentic.

Article 4

This Decision shall be implemented by the Parties as referred to in paragraph 1 of Article 22.2 of the Agreement. The amendments to the Agreement adopted through this Decision shall be confirmed by and enter into force upon the exchange of diplomatic notes in accordance with paragraph 3 of Article 23.2 of the Agreement.

Done at [Place], …

For the Joint Committee,

Co-Chair [for Japan] Co-Chair [for EU]

ANNEX 1

FRANCE

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Abondance(3)	アボンダンス	Cheese
Huile d’olive de la vallée des Baux-de-Provence	ユイル・ドリーブ・ドゥ・ラ・ヴァレ・デ・ボー・ドゥ・プロヴァンス	Oils and fats (butter, margarine, oil, etc.) [olive oil]
Pont-l’Évêque	ポン・レヴェック	Cheese
Sel de Guérande / Fleur de sel de Guérande	セル・ドゥ・ゲランド / フルール・ドゥ・セル・ドゥ・ゲランド	Salt

GERMANY

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Dresdner Christstollen / Dresdner Stollen / Dresdner Weihnachtsstollen	ドレスナー・クリストシュトレン / ドレスナー・シュトレン / ドレスナー・ヴァイナハツシュトレン	Bread, pastry, cakes, confectionery, biscuits and other baker’s wares [cakes]
Spalt Spalter	シュパルト・シュパルター	Other products of Annex I to the TFEU (spices etc.) [hops]

GREECE

Name to be protected

Transcription into Japanese (for information purposes)

Category of good and short description [in square brackets, for information purpose]

Χανιά Κρήτης

(Transliteration into Latin alphabet: Chania Kritis)

ハニア・クリティス

Oils and fats (butter, margarine, oil, etc.) [olive oil]

ITALY

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Monti Iblei	モンティ・イブレイ	Oils and fats (butter, margarine, oil, etc.) [olive oil]
Pecorino Sardo(4)	ペコリーノ・サルド	Cheese
Prosciutto di Modena	プロシュット・ディ・モデナ	Meat products (cooked, salted, smoked, etc.) [pork ham]
Salamini italiani alla cacciatora	サラミーニ・イタリアーニ・アッラ・カッチャトーラ	Meat products (cooked, salted, smoked, etc.) [pork salami]
Speck Alto Adige / Südtiroler Markenspeck / Südtiroler Speck	スペック・アルト・アディジェ / スッドティローラー・マルケンスペック / スッドティローラー・スペック	Meat products (cooked, salted, smoked, etc.) [pork ham]

SPAIN

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Aceite de Mallorca / Aceite mallorquín / Oli de Mallorca / Oli mallorquí	アセイテ・デ・マヨルカ / アセイテ・マヨルキン / オリ・デ・マヨルカ / オリ・マヨルキ	Oils and fats (butter, margarine, oil, etc.) [olive oil]
Jamón de Trevélez	ハモン・デ・トレベレス	Meat products (cooked, salted, smoked, etc.) [pork ham]
Los Pedroches	ロス・ペドロチェス	Meat products (cooked, salted, smoked, etc.) [pork ham]
Montes de Toledo	モンテス・デ・トレド	Oils and fats (butter, margarine, oil, etc.) [olive oil]
Pimentón de la Vera	ピメントン・デ・ラ・ベラ	Other products of Annex I to the TFEU (spices etc.) [paprika]

ANNEX 2

Name to be protected	Transcription into Latin alphabet (for information purposes)	Category of good and short description [in square brackets, for information purpose]
江戸崎かぼちゃ / 江戸崎カボチャ / 江戸崎南瓜	Edosaki Kabocha	Agricultural product [squash]
吉川ナス / Yoshikawa Nasu / Yoshikawa Eggplant	Yoshikawa Nasu	Agricultural product [eggplant]
新里ねぎ / NISSATO GREEN ONION	Nissato Negi	Agricultural product [green onion]
ひばり野オクラ	Hibarino Okra	Agricultural product [okra]
今金男しゃく / Imakane Danshaku	Imakane Danshaku	Agricultural product [potato]
田浦銀太刀 / Tanoura Gindachi	Tanoura Gindachi	Marine product [cutlass fish]
大野あさり / Ono Asari	Ono Asari	Marine product [clam]
大鰐温泉もやし / Owanionsen Moyashi	Owanionsen Moyashi	Agricultural product [bean sprouts]
檜山海参 / Hiyama Haishen	Hiyama Haishen	Processed marine product [dried sea cucumber]
大竹いちじく / Otake Ichijiku	Otake Ichijiku	Agricultural product [fig]
八代特産晩白柚 / Yatsushiro Tokusan Banpeiyu	Yatsushiro Tokusan Banpeiyu	Agricultural product [pomelo]
八代生姜 / Yatsushiro Shoga / Yatsushiro Ginger	Yatsushiro Shoga	Agricultural product [ginger]
物部ゆず / Monobe Yuzu	Monobe Yuzu	Agricultural product [Yuzu (citrus)]
福山のくわい / Fukuyama no Kuwai	Fukuyama no Kuwai	Agricultural product [arrowhead]
富山干柿 / Toyama Hoshigaki	Toyama Hoshigaki	Processed agricultural product [dried Japanese persimmon]
山形ラ・フランス / Yamagata La France	Yamagata La France	Agricultural product [pear]
徳地やまのいも / Tokuji Yamanoimo	Tokuji Yamanoimo	Agricultural product [Japanese yam]
網走湖産しじみ貝 / Abashirikosan Shijimigai	Abashirikosan Shijimigai	Marine product [freshwater clam]
えらぶゆり / ERABU LILY / Erabu Yuri	Erabu Yuri	Plants for ornamental purposes [lily]
西浦みかん寿太郎 / Nishiura Mikan Jutaro	Nishiura Mikan Jutaro	Agricultural product [mandarin (citrus)]
河北せり / Kahoku Dropwort / Kahoku Seri	Kahoku Seri	Agricultural product [dropwort]
清水森ナンバ / Shimizumori Red Pepper / Shimizumori Green Pepper / Shimizumori Namba	Shimizumori Namba	Agricultural product [pepper] Seasonings [pepper]
甲子柿 / KASSHI GAKI / KASSHI KAKI / KASSHI PERSIMMON	Kasshi Gaki / Kasshi Kaki	Agricultural product [Japanese persimmon]

ANNEX 3

FRANCE

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Bordeaux supérieur	ボルドー・シュペリウール	Wine
Côtes de Bordeaux	コート・ド・ボルドー	Wine
Crémant d’Alsace	クレマン・ダルザス	Wine
Saint-Emilion Grand Cru	サンテミリオン・グラン・クリュ	Wine
Saint-Estèphe	サン・テステフ	Wine

GERMANY

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Landwein Rhein	ラントワイン・ライン	Wine

SPAIN

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Almansa	アルマンサ	Wine
Calatayud	カラタユド	Wine
Campo de Borja	カンポ・デ・ボルハ	Wine
Castilla	カスティーリャ	Wine
Yecla	イエクラ	Wine

ANNEX 4

Name to be protected	Transcription into Latin alphabet (for information purposes)	Category of good and short description [in square brackets, for information purpose]
三重	Mie	Seishu (Sake)
和歌山梅酒	Wakayama Umeshu	Other kinds of liquor
利根沼田	Tone Numata	Seishu (Sake)
萩	Hagi	Seishu (Sake)
山梨	Yamanashi	Seishu (Sake)

(1) For greater certainty, the Joint Committee will consider 27 or 28 names from the European Union every year regardless of the number of the names from Japan.

(2) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021D0109&qid=1635340796840

https://www.mofa.go.jp/mofaj/files/100141732.pdf

(3) Paragraph 5 of Article 14.25 applies to this geographical indication.

(4) The protection of the individual component ‘pecorino’ of the multi-component geographical indication ‘Pecorino Sardo’ is not sought.