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 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. 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.

(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 Commission

(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.pdf

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.

HAS ADOPTED THIS DECISION:

Article 1

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.

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 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

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.

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 Japan]

Co-Chair [for EU]

ANNEX 1

CROATIA

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Korčulansko maslinovo ulje	コルチュランスコ・マスリノヴォ・ウリエ	Oils and fats (butter, margarine, oil, etc.) [olive oil]

FRANCE

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in 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・デュ・オー・ドゥー	Cheese
Raclette de Savoie	ラクレット・ド・サヴォワ	Cheese

GREECE

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Λακωνία (Transliteration into Latin alphabet: Lakonia)	ラコニア	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]
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

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Ajo Morado de Las Pedroñeras	アホ・モラド・デ・ラス・ペドロニェラス	Fruit, vegetables and cereals fresh or processed [garlic]
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・ビノ	Cheese
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]

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]
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 ANNOU SWEETPOTATO/Tanegashima Annou Imo	Tanegashima Annou Imo	Agricultural product [sweet potato]
飛騨牛/Hidagyu/Hida Beef	Hida Gyu	Fresh Meat [beef]
伊達のあんぽ柿/DATE NO ANPO GAKI/DATE NO ANPO KAKI	Date no Anpo Gaki/Date no Anpo Kaki	Processed agricultural product [Dried 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 egoma oil/Tamura no egoma abura	Tamura no Egoma Abura	Oils and fats [perilla oil]

ANNEX 3

AUSTRIA

Name to be protected

Transcription into Japanese (for information purposes)

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

Pálinka(3)

(Translation into Japanese: パーリンカ)

パーリンカ

Spirits

BULGARIA

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Карнобатска гроздова ракия/Гроздова ракия от Карнобат/Karnobatska grozdova rakya/Grozdova rakya ot Karnobat	カルノバトスカ・グロズドヴァ・ラキヤ/グロズドヴァ・ラキヤ・オト・カルノバト	Spirits

FRANCE

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Bourg/Côtes de Bourg/Bourgeais	ブール/コート・ドゥ・ブール/ブルジェ	Wine
Cassis	カシー	Wine
Cassis de Bourgogne	カシス・ドゥ・ブルゴーニュ	Spirits

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in 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	Wine

HUNGARY

Name to be protected

Transcription into Japanese (for information purposes)

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

Pálinka(4)

(Translation into Japanese: パーリンカ)

パーリンカ

Spirits

ROMANIA

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Pălincă (Translation into Japanese: パリンカ)	パリンカ	Spirits

SLOVENIA

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Kras	クラス	Wine

SPAIN

Name to be protected	Transcription into Japanese (for information purposes)	Category of good and short description [in square brackets, for information purpose]
Montsant	モンサン	Wine
Ribeiro	リベイロ	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]
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)

(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.pdf

(3) Product of Austria or Hungary.

(4) Product of Austria or Hungary.