Home Europe European Commission Commission Decision (EU) 2023/1313 of 22 June 2023 approving...
Date: 2023-06-28 Category: Not Applicable State: Union Government Country: Europe

Commission Decision (EU) 2023/1313 of 22 June 2023 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

Issued by European Commission · Directorate-General for Agriculture and Rural Development

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Executive Summary & Key Takeaways

Executive Summary: This Commission Decision approves, on behalf of the European Union, amendments to Annex 14B of the Economic Partnership Agreement between the EU and Japan. These amendments add geographical indications (GIs) from both the EU and Japan to Annex 14B. The decision follows the completion of opposition procedures and examinations by both parties, with the aim to further protect GIs. Further additions of GIs are planned for 2025. Key Points / Main Content: * **Agreement Framework:** * The EU-Japan Economic Partnership Agreement entered into force on February 1, 2019. * The agreement includes provisions for the protection of geographical indications (GIs). * **Amendment Process:** * The EU and Japan have been adding GIs to Annex 14B of the agreement annually. * The Committee on Intellectual Property recommended amending Annex 14B to the Joint Committee. * The Joint Committee can adopt decisions to amend the agreement, including Annex 14B. * **Specific Amendments:** * 28 EU GIs and 14 Japanese GIs will be added to Annex 14B in 2023. * Annex 1 to the Decision lists EU GIs to be added under the respective Member State. * Annex 2 lists Japanese GIs to be added. * Annexes 3 and 4 provide for further GIs additions. * **Future Additions:** * The Joint Committee will consider adding up to 6 more GIs from Japan by the end of 2023. * Further additions of GIs from both the EU and Japan are planned for 2025. * **Decision Implementation:** * The EU representative in the Joint Committee is authorized to approve the decision. * The decision will be published in the Official Journal of the European Union. * The amendments will enter into force upon the exchange of diplomatic notes. Impact Analysis: * European Union: * Impact: Benefits from the protection of its GIs in Japan, supporting producers and preserving regional products. * Action Required: Ensure the representative in the Joint Committee approves the decision and monitor the implementation of the amendments. * Japan: * Impact: Benefits from the protection of its GIs in the EU, supporting producers and preserving regional products. * Action Required: Confirm the amendments to the agreement through diplomatic notes. * Producers of Geographical Indications (EU and Japan): * Impact: Enhanced protection of their product names in both the EU and Japan markets. * Action Required: Monitor the updated Annex 14B to ensure their GIs are correctly listed and protected. * Committee on Intellectual Property: * Impact: Responsible for making recommendations to the Joint Committee regarding amendments to Annex 14B. * Action Required: Continue to work closely to add further GIs for protection.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. A party to the Agreement with Japan. Japan: An island country in East Asia. A party to the Agreement with the European Union. Agreement between the European Union and Japan for an Economic Partnership: A trade agreement between the European Union and Japan. Annex 14B: An annex to the Agreement between the European Union and Japan for an Economic Partnership, related to geographical indications (GIs). Joint Committee: A committee established pursuant to Article 22.1 of the Agreement between the European Union and Japan for an Economic Partnership. Committee on Intellectual Property: A committee established pursuant to Article 22.3 of the Agreement between the European Union and Japan for an Economic Partnership. Geographical Indications (GIs): A sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Brussels: The de facto capital of the European Union, where the Commission Decision was made.
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28.6.2023 EN Official Journal of the European Union L 162/57 DECISIONS COMMISSION DECISION (EU) 2023/1313 of 22 June 2023 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 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 2018on 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. 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 on 1 February 2021(2)and on 1 February 2022(3), respectively. As for the third addition of GIs to Annex 14-B, the Parties confirmed that it will take place in 2023 instead of 2022 and that the said addition will be made in two separate occasions in 2023: One for both 28 GIs of the European Union and 14 GIs for Japan and the other for the rest of the Japanese agricultural GIs.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. (3) Following the request of the Parties and pursuant to paragraph 1 of Article 14.30, the Union has completed the opposition procedure and the examination of 14 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. (4) 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. (5) 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. (1) OJ L 330, 27.12.2018, p. 1. (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) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22022D0138&qid=1675141114801 https://www.mofa.go.jp/mofaj/ files/100293455.pdfL 162/58 EN Official Journal of the European Union 28.6.2023 (6) On 12 June 2023, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly. (7) 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, 22 June 2023. For the Commission Janusz WOJCIECHOWSKI Member of the Commission28.6.2023 EN Official Journal of the European Union L 162/59 ANNEX DECISION No X/2023 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. 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 on 1 February 2021(1) and on 1 February 2022(2), respectively. As for the third addition of GIs to Annex 14-B, the Parties confirmed that it will take place in 2023 instead of 2022 and that the said addition will be made in two separate occasions in 2023: One for both 28 GIs of the European Union and 14 GIs for Japan and the other for the rest of the Japanese agricultural GIs. (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 14 additional GIs of Japan and Japan has completed the opposition procedure and the examination of 28 additional GIs of the European Union. (4) On 12 June 2023, 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) The Parties confirmed that both sides will continue to work closely to add further GIs to be protected from the European Union and Japan to Annex 14-B in view of each side’s interests with the aim to add further GIs of the European Union and of Japan as from 1 January 2025. (1) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021D0109&qid=1635340796840 https://www.mofa.go.jp/mofaj/files/100141732.pdf (2) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22022D0138&qid=1675141114801 https://www.mofa.go.jp/mofaj/files/100293455.pdfL 162/60 EN Official Journal of the European Union 28.6.2023 HAS ADOPTED THIS DECISION: Article 1 a) In Section A of Part 1 of Annex 14-B to the Agreement, 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. b) 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. c) In Section A of Part 2 of Annex 14-B to the Agreement, 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 d) 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 a) The Joint Committee will decide on the further addition to Annex 14-B of the Agreement of a number of up to 6 names from Japan, to be protected as GIs under the Agreement by the end of this year (2023), provided that those names are GIs protected in the territory of Japan in accordance with its laws and regulations. b) In 2025, the Joint Committee will decide on a further addition to Annex 14-B of the Agreement of a sufficient number of GIs from the European Union and Japan to be protected as GIs under the Agreement, in a manner satisfactory to both Parties, reflecting the level of implementation of GI policies in their respective territories, provided that those names are GIs protected in the territory of the Party in accordance with its laws and regulations. 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. For the Joint Committee, Co-Chair [for EU] Co-Chair [for Japan]28.6.2023 EN Official Journal of the European Union L 162/61 ANNEX 1 CROATIA Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Korčulansko maslinovo ulje コルチュランスコ・マスリノ Oils and fats (butter, margarine, oil, etc.) ヴォ・ウリエ [olive oil] FRANCE Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Époisses エポワス Cheese Mont d’Or/Vacherin du Haut-Doubs モン・ドール/ヴァシュラン・ Cheese デュ・オー・ドゥー Raclette de Savoie ラクレット・ド・サヴォワ Cheese GREECE Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Λακωνία (Transliteration into Latin ラコニア Oils and fats (butter, margarine, oil, etc.) alphabet: Lakonia) [olive oil] ITALY Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Cotechino Modena コテキーノ・モデナ Meat products (cooked, salted, smoked, etc.) [pork sausage] Finocchiona フィノッキオーナ Meat products (cooked, salted, smoked, etc.) [pork ham] Limone di Siracusa リモーネ・ディ・シラクーザ Fruit, vegetables and cereals fresh or processed [citrus] SPAIN Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Ajo Morado de Las Pedroñeras アホ・モラド・デ・ラス・ペド Fruit, vegetables and cereals fresh or ロニェラス processed [garlic]L 162/62 EN Official Journal of the European Union 28.6.2023 Arzúa-Ulloa アルスア・ウジョア Cheese Melocotón de Calanda メロコトン・デ・カランダ Fruit, vegetables and cereals fresh or processed [peach] Queso de Valdeón ケソ・デ・バルデオン Cheese Queso de Murcia al vino ケソ・デ・ムルシア・アル・ビ Cheese ノ San Simón da Costa サン・シモン・ダ・コスタ Cheese Vinagre de Jerez ビナグレ・デ・ヘレス Other products of Annex I to the TFEU (spices etc.) [vinegar]28.6.2023 EN Official Journal of the European Union L 162/63 ANNEX 2 Transcription into Latin alphabet (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] 大口れんこん/Okuchi Renkon Okuchi Renkon Agricultural product [lotus root] 氷見稲積梅/Himi Inazumiume Himi Inazumiume Agricultural product [Ume (Japanese apricot)] 種子島安納いも/TANEGASHIMA Tanegashima Annou Imo Agricultural product [sweet potato] ANNOU SWEETPOTATO/ Tanegashima Annou Imo 飛騨牛/Hidagyu/Hida Beef Hida Gyu Fresh Meat [beef] 伊達のあんぽ柿/DATE NO Date no Anpo Gaki/Date no Anpo Kaki Processed agricultural product [Dried ANPO GAKI/DATE NO ANPO KAKI Japanese persimmon] サヌキ白みそ/Sanuki shiro miso Sanuki Shiro Miso Seasonings and Soups [miso paste] たむらのエゴマ油/Tamura no Tamura no Egoma Abura Oils and fats [perilla oil] egoma oil/Tamura no egoma aburaL 162/64 EN Official Journal of the European Union 28.6.2023 ANNEX 3 AUSTRIA Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Pálinka(1) パーリンカ Spirits (Translation into Japanese: パーリンカ) (1) Product of Austria or Hungary. BULGARIA Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Карнобатска гроздова ракия/Гроздова カルノバトスカ・グロズド Spirits ракия от Карнобат/Karnobatska ヴァ・ラキヤ/グロズドヴァ・ラ grozdova rakya/Grozdova rakya ot キヤ・オト・カルノバト Karnobat FRANCE Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Bourg/Côtes de Bourg/Bourgeais ブール/コート・ドゥ・ブール/ブ Wine ルジェ Cassis カシー Wine Cassis de Bourgogne カシス・ドゥ・ブルゴーニュ Spirits Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Entre-deux-Mers アントル・ドゥー・メール Wine Fronsac フロンサック Wine Listrac-Médoc リストラック・メドック Wine Moulis/Moulis-en-Médoc ムーリ/ムーリ・ザン・メドック Wine28.6.2023 EN Official Journal of the European Union L 162/65 HUNGARY Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Pálinka(1) パーリンカ Spirits (Translation into Japanese: パーリンカ) (1) Product of Austria or Hungary. ROMANIA Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Pălincă (Translation into Japanese: パリンカ Spirits パリンカ) SLOVENIA Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Kras クラス Wine SPAIN Transcription into Japanese (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] Montsant モンサン Wine Ribeiro リベイロ WineL 162/66 EN Official Journal of the European Union 28.6.2023 ANNEX 4 Transcription into Latin alphabet (for Category of good and short description [in Name to be protected information purposes) square brackets, for information purpose] 佐賀 Saga Seishu (Sake) 大阪 Osaka Wine 長野 Nagano Wine 長野 Nagano Seishu (Sake) 山形 Yamagata Wine 新潟 Niigata Seishu (Sake) 滋賀 Shiga Seishu (Sake)

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