C/2023/1464

12.12.2023

COMMISSION DECISION

of 8 December 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

(C/2023/1464)

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 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 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 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 the respective sides as from 1 January 2025.

(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 both Parties.

(4) Regarding the first part of the third addition agreed by the Parties for 2023, in accordance with Article 14.30 of the Agreement, 28 GIs of the Union and 14 GIs of Japan were added in Annex 14-B of the Agreement on 30 September 2023 (Joint Committee Decision (4) attached to Commission Decision (EU) 2023/1313,

OJ L 162, 28.6.2023, p. 57–66

).

(5) With regard to the other part of the third addition agreed by the Parties for 2023, pursuant to paragraph 1 of Article 14.30, the Union has completed the opposition procedure and the examination of 6 additional GIs of Japan. These geographical indications should be added under the corresponding list of geographical indications of Japan.

(6) 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.

(7) 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.

(8) On 24 November 2023, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly.

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

HAS DECIDED AS FOLLOWS:

Article 1

The amendment to Annex 14-B to the Agreement set out in the draft Decision of the Joint Committee, is 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, 8 December 2023.

For the Commission

Janusz WOJCIECHOWSKI

Member of the Commission

(1)  

OJ L 330, 27.12.2018, p. 1

, ELI: http://data.europa.eu/eli/dec/2018/1907/oj.

(2)  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

(3)  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

(4)  Decision No 1/2023 of the Joint Committee under the Agreement between the European Union and Japan for an Economic Partnership of 27 September 2023 on the amendments to Annex 14-B on geographical indications [2023/2118] (

OJ L, 2023/2118, 12.10.2023, ELI: http://data.europa.eu/eli/dec/2023/2118/oj

).

ANNEX

DECISION No 2/2023 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 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,

Co-Chair [for Japan]

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/C/2023/1464/oj

ISSN 1977-091X (electronic edition)