2023/2912

22.12.2023

DECISION No 2/2023 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP

of 15 December 2023

on the amendments to Annex 14-B on geographical indications [2023/2912]

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 were 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. The Parties also confirmed that both sides will continue to work to add further GIs to be protected in respective sides as from 1 January 2025.

(3) Regarding the first part of the third amendment in 2023, in accordance with Article 14.30 of the Agreement, 28 GIs of the European Union and 14 GIs of Japan were added in Annex 14-B of the Agreement on 30 September 2023.

(4) With regard to the other part of the third amendment in 2023, pursuant to paragraph 1 of Article 14.30, the European Union has completed the opposition procedure and the examination of 6 additional GIs of Japan.

(5) On 24 November 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.

(6) 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.

(7) 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.

HAS ADOPTED THIS DECISION:

Article 1

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

Article 2

This Decision is drawn up in duplicate. Article 1 and Annex 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 3

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,

Yoko KAMIKAWA

Co-Chair [for Japan]

Valdis DOMBROVSKIS

Co-Chair [for EU]

( 1 )   Decision No 1/2021 of the Joint Committee under the Agreement between the European Union and Japan for an Economic Partnership of 25 January 2021 on the amendments to Annexes 14-A and 14-B on geographical indications [2021/109], ( OJ L 35, 1.2.2021, p. 31 , ELI: http://data.europa.eu/eli/dec/2021/109/oj).

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

( 2 )   Decision No 1/2022 of the Joint Committee under the Agreement between the European Union and Japan for an Economic Partnership of 21 January 2022 on the amendments to Annex 14-B on geographical indications [2022/138], ( OJ L 22, 1.2.2022, p. 45 , ELI: http://data.europa.eu/eli/dec/2022/138/oj).

https://www.mofa.go.jp/mofaj/files/100293455.pdf

ANNEX

( 1 )   For greater certainty, the protection of the individual component ‘raclette’ of the multi-component geographical indication ‘Tokachi Raclette’ is not sought.

ELI: http://data.europa.eu/eli/dec/2023/2912/oj

ISSN 1977-0677 (electronic edition)