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]

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 (1). 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. On 1 February 2021, 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. (2)

(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 28 additional GIs of Japan and Japan has completed the opposition procedure and the examination of 28 additional GIs of the European Union.

(4) On 13 December 2021, 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) Following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union as from 1 January 2021, according to paragraph 3 of Article 14.30 of the Agreement, the lists of GIs of the United Kingdom should be removed from the lists of GIs of the European Union in Annex 14-B of the Agreement.

HAS ADOPTED THIS DECISION:

Article 1 a) In Section A of Part 1 of Annex 14-B to the Agreement, the list of GIs of the United Kingdom shall be removed and 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 list of GIs of the United Kingdom shall be removed and 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) In the fourth year 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 27 names from the European Union and from Japan respectively to be protected as GIs under the Agreement, 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 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, Yoshimasa HAYASHI Co-Chair [for Japan] Valdis DOMBROVSKIS Co-Chair [for EU]

(1) 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.

(2) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021D0109&qid=1635340796840

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