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of the Council (2) referred to in Part 1 of Annex 14-A and in Section A of Part 2 of Annex 14-B of the Agreement was repealed by Regulation (EU) 2019/787 of the European Parliament and of the Council (3).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.