Commission Decision of 14 January 2021 approving, on behalf of the European U... (32021D0310(01))
EU - Rechtsakte: 11 External relations

COMMISSION DECISION

of 14 January 2021

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

(2021/C 81 I/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) On 8 June 2019, Chapter III of Regulation (EC) No 110/2008 of the European Parliament and of the Council (2) referred to in Part 1 of Annex 14-A and in Section A of Part 2 of Annex 14-B of the Agreement was repealed by Regulation (EU) 2019/787 of the European Parliament and of the Council (3). References to Regulation (EC) No 110/2008 in the Agreement should therefore be replaced accordingly by references to Regulation (EU) 2019/787.
(3) On 28 November 2019, during the first meeting of the Committee on Intellectual Property, the European Union and Japan discussed the modalities to amend Annex 14-B of the Agreement pursuant to Article 14.30 and agreed to continue discussions in the coming months aiming to reach an agreement related to the addition of new geographical indications at the next Joint Committee meeting. As a result of those discussions, 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 GIs and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically (4). 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.
(4) Article 14.30 of the Agreement provides for the possibility to add new geographical indications to Annex 14-B to the Agreement after having completed the opposition procedure and after having examined the geographical indications as set out in paragraph 4 of Article 14.25 thereof.
(5) 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.
(6) On 2 March 2020, in accordance with paragraph 3 of Article 14.30 of the Agreement, Japan notified to the Union of the cessation of protection of the Japanese geographical indication ‘西尾の抹茶 / Nishio Matcha’ in Japan.
(7) 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 A and 14-B on request of a Party.
(8) 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 Annexes 14-A and 14-B, in accordance with the respective domestic legal procedures of the Parties.
(9) On 28 December 2020, the Committee on Intellectual Property recommended to the Joint Committee to amend Annexes 14-A and 14-B to the Agreement accordingly.
(10) Annexes 14-A and 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 Annexes 14-A and 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 draft Decision of the Joint Committee is set out in the Annex 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.
After its adoption, the Decision of the Joint Committee shall be published in the
Official Journal of the European Union
.
Done at Brussels, 14 January 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1)  
OJ L 330, 27.12.2018, p. 1
.
(2)  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 and repealing Council Regulation (EEC) No 1576/89 (
OJ L 39, 13.2.2008, p. 16
).
(3)  Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (
OJ L 130, 17.5.2019, p. 1
).
(4)  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.

ANNEX

DECISION No …/2021 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP

of [date]

on the amendments to Annexes 14-A and 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) On 8 June 2019, Chapter III of Regulation (EC) No 110/2008 of the European Parliament and of the Council (1) referred to in Part 1 of Annex 14-A and in Section A of Part 2 of Annex 14-B of the Agreement was repealed by Regulation (EU) 2019/787 of the European Parliament and of the Council (2). References to Regulation (EC) No 110/2008 in the Agreement should therefore be replaced accordingly by references to Regulation (EU) 2019/787.
(3) On 28 November 2019, during the first meeting of the Committee on Intellectual Property, the European Union and Japan (hereinafter referred to as ‘the Parties’) discussed the modalities to amend Annex 14-B of the Agreement pursuant to Article 14.30 and agreed to continue discussions in the coming months aiming to reach an agreement related to the addition of new geographical indications (hereinafter referred to as ‘GIs’) at the next Joint Committee meeting. As a result of those discussions, 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 GIs and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically (3). 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.
(4) 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.
(5) On 2 March 2020, in accordance with paragraph 3 of Article 14.30 of the Agreement, Japan notified the European Union of the cessation of protection of the Japanese geographical indication ‘西尾の抹茶/Nishio Matcha’ in Japan.
(6) On 28 December 2020, 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-A and Annex 14-B to the Agreement accordingly.
(7) The Parties have already completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement, and should swiftly endeavour to exchange the diplomatic notes confirming the amendments to the Agreement in order for them to enter into force not more than ten working days after the Decision is adopted.
(8) Consequently, Annexes 14-A and 14-B to the Agreement should be amended, in accordance with paragraph 3 and subparagraphs 4(f) and 4(g) of Article 23.2 of the Agreement.
HAS ADOPTED THIS DECISION:

Article 1

In Part 1 of Annex 14-A and in footnote 1 to the title ‘The European Union’ of Section A of Part 2 of Annex 14-B, references to EU regulation shall be amended as described in Annex 1 to this Decision.

Article 2

a)
In Section A of Part 1 of Annex 14-B to the Agreement, the GIs listed in Annex 2 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 geographical indication ‘西尾の抹茶/Nishio Matcha’ shall be removed from the list of GIs of Japan as indicated in Annex 3-Part 1 to this Decision and the GIs listed in Annex 3-Part 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 4 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 5 to this Decision shall be added to the list of GIs of Japan.

Article 3

a)
In the third and fourth years 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 28 names from the European Union and from Japan respectively to be protected as GIs under the Agreement, up to 83 names in total for each Party including the names under Article 2 of this Decision, provided that those names are GIs protected in the territory of the Party in accordance with its laws and regulations.
b)
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 4

This Decision is drawn up in duplicate. Articles 1 and 2 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 5

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]
(1)  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 and repealing Council Regulation (EEC) No 1576/89 (
OJ L 39, 13.2.2008, p. 16
).
(2)  Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (
OJ L 130, 17.5.2019, p. 1
).
(3)  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.

ANNEX 1

In Part 1 of Annex 14-A and in footnote 1 to the title ‘The European Union’ of Section A of Part 2 of Annex 14-B, references to ‘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 and repealing Council Regulation (EEC) No 1576/89’ shall be replaced by references to ‘Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008’.

ANNEX 2

AUSTRIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Vorarlberger Bergkäse

ファアアールベルガー・ベルクケーゼ

Cheese

BULGARIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Българско pозово масло

(Transliteration into latin Alphabet: Bulgarsko rozovo maslo)

バルガルスコ・ロゾヴォ・マスロ

Essential oils

Странджански манов мед/Maнов мед от Странджа (Transliteration into latin Alphabet: Strandzhanski manov med /Manov med ot Strandzha)

ストランジャンスキ・マノフ・メッド/

マノフ・メッド・オット・ストランジャ

Other products of animal origin (eggs, honey, various dairy products except butter, etc.) [honey]

CROATIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Baranjski kulen

バラニュスキ・クレン

Meat products (cooked, salted, smoked, etc.) [pork ham]

Dalmatinski pršut

ダルマティンスキ・

プロシュート

Meat products (cooked, salted, smoked, etc.) [pork ham]

Drniški pršut

ドゥルニシュキ・プロシュート

Meat products (cooked, salted, smoked, etc.) [pork ham]

Međimursko meso `z tiblice

メジムルスコ・メソ・ ズ・ティブリツェ

Meat products (cooked, salted, smoked, etc.) [pork ham]

Slavonski med

スラヴォンスキ・メド

Other products of animal origin (eggs, honey, various dairy products except butter, etc.) [honey]

FRANCE

Name to be protected

Transcription into Japanese (for information purposes)

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

Beurre Charentes-Poitou/Beurre des Charentes/Beurre des Deux-Sèvres

ブール・シャラント・ポワトゥー/ブール・デ・シャラント/ブール・デ・ドゥー・セーヴル

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

Laguiole

ライオル

Cheese

GERMANY

Name to be protected

Transcription into Japanese (for information purposes)

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

Aachener Printen

アーヘナー・プリンテン

Bread, pastry, cakes, confectionery, biscuits and other baker’s wares [biscuits]

GREECE

Name to be protected

Transcription into Japanese (for information purposes)

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

Καλαμάτα

(Transliteration into latin Alphabet: Kalamata)

カラマタ

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

Κασέρι

(Transliteration into latin Alphabet: Kasseri)

カセリ

Cheese

Κεφαλογραβιέρα

(Transliteration into latin Alphabet: Kefalograviera)

ケファログラヴィエラ

Cheese

ITALY

Name to be protected

Transcription into Japanese (for information purposes)

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

Culatello di Zibello

クラテッロ・ディ・ジベッロ

Meat products (cooked, salted, smoked, etc.) [pork ham]

Toscano

トスカーノ

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

ROMANIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Magiun de prune Topoloveni

マジュン・デ・プルネ・トポロヴェニ

Fruit, vegetables and cereals fresh or processed [plum jam]

Salam de Sibiu

サラム・デ・シビウ

Meat products (cooked, salted, smoked, etc.) [pork salami]

Telemea de Ibănești

テレメア・デ・イバネシュティ

Cheese

SLOVENIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Kranjska klobasa

クランスカ・クロバサ

Meat products (cooked, salted, smoked, etc.) [pork sausage]

SPAIN

Name to be protected

Transcription into Japanese (for information purposes)

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

Estepa

エステパ

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

ANNEX 3

PART 1

The geographical indication ‘西尾の抹茶/Nishio Matcha’ shall be removed from the list of GIs of Japan in Section B of Part 1 of Annex 14-B to the Agreement.

PART 2

Name to be protected

Transcription into Latin alphabet (for information purposes)

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

水戸の柔甘ねぎ

Mito no Yawaraka Negi

Agricultural product [green onion]

松館しぼり大根

Matsudate Shibori Daikon

Agricultural product [Japanese white radish (daikon)]

対州そば

Taisyu Soba

Agricultural product [buckwheat]

Processed agricultural product [buckwheat flour]

山形セルリー/

Yamagata Celery

Yamagata Celery

Agricultural product [celery]

南郷トマト

Nango Tomato

Agricultural product [tomato]

ヤマダイかんしょ/

[Bild bitte in Originalquelle ansehen]かんしょ

Yamadai Kansho

Agricultural product [sweet potato]

岩出山凍り豆腐/

岩出山名産凍り豆腐

Iwadeyama Koridofu/

Iwadeyama Meisan Koridofu

Processed agricultural product [freeze dried bean curd]

くまもとあか牛

Kumamoto Akaushi

Fresh meat[beef]

二子さといも/二子いものこ

Futago Satoimo/

Futago Imonoko

Agricultural product [taro]

越前がに/越前かに

Echizen Gani/Echizen Kani

Marine product [snow crab]

Processed marine product [boiled snow crab]

大山ブロッコリー/

Daisen Broccoli

Daisen Broccoli

Agricultural product [broccoli]

奥久慈しゃも/

Okukuji Shamo Chicken

Okukuji Shamo

Fresh meat [chicken, offal meat]

こおげ花御所柿/

Koge Hanagoshogaki

Koge Hanagoshogaki

Agricultural product [Japanese persimmon]

菊池水田ごぼう/

Kikuchi Suiden Gobo

Kikuchi Suiden Gobo

Agricultural product [burdock]

つるたスチューベン/

Tsuruta Steuben(1)

Tsuruta Steuben

Agricultural product [grapes]

小笹うるい/Ozasa Urui

Ozasa Urui

Agricultural product [hosta]

東京しゃも/

Tokyo Shamo

Tokyo Shamo

Fresh meat [chicken, offal meat]

佐用もち大豆/

Sayo Mochidaizu

Sayo Mochidaizu

Agricultural product

[soy beans]

いぶりがっこ/Iburigakko

Iburigakko

Processed agricultural product [pickles]

大栄西瓜/Daiei Suika

Daiei Suika

Agricultural product [watermelon]

津南の雪下にんじん/

Tsunan no Yukishita Ninjin

Tsunan no Yukishita Ninjin

Agricultural product [carrot]

善通寺産四角スイカ/Zentsujisan Shikakusuika

Zentsujisan Shikakusuika

Agricultural product [watermelon]

比婆牛/Hiba Gyu

Hiba Gyu

Fresh meat [beef]

伊吹そば/Ibuki Soba/伊吹在来そば/Ibuki Zairaisoba

Ibuki Soba/Ibuki Zairaisoba

Agricultural product [buckwheat]

東出雲の

[Bild bitte in Originalquelle ansehen]

ほし柿/ Higashiizumo no Maruhata Hoshigaki/Higashiizumo no Maruhata Hoshikaki

Higashiizumo no Maruhata Hoshigaki

Processed agricultural product [dried Japanese persimmon]

(1)  For greater certainty, varietal names containing or consisting of ‘Steuben’ may continue to be used on similar goods, provided that the consumer is not misled on the nature of such term or the precise origin of the good.

ANNEX 4

ESTONIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Estonian vodka

エストニアン・ウォッカ

Spirits

FRANCE

Name to be protected

Transcription into Japanese (for information purposes)

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

Cassis de Dijon

カシス・ドゥ・ディジョン

Spirits

GERMANY

Name to be protected

Transcription into Japanese (for information purposes)

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

Pfalz

ファルツ

Wine

IRELAND

Name to be protected

Transcription into Japanese (for information purposes)

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

Irish Poteen/Irish Poitín

アイリッシュポティーン/アイリッシュポッチーン

Spirits

SLOVENIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Goriška Brda

ゴリシュカ・ブルダ

Wine

Štajerska Slovenija

シュタイエルスカ・スロヴェニア

Wine

SPAIN

Name to be protected

Transcription into Japanese (for information purposes)

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

Cariñena

カリニェナ

Wine

ANNEX 5

Name to be protected

Transcription into Latin alphabet (for information purposes)

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

北海道

Hokkaido

Wine

灘五郷

Nadagogo

Seishu (Sake)

はりま

Harima

Seishu (Sake)

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