Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Date: 2018-07-27
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: common commercial policy, common organisation of markets, consumer information, designation of origin, intellectual property, international agreement, international trade, labelling, product designation, third country

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   EUROPEAN COMMISSION  Brussels, 27.7.2018 COM(2018) 365 final 2018/0189 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This  proposal  is  related  to  the  Commission  proposal  for  a Council  Decision  on  the 
Union's  accession  to  the  Geneva  Act  of  the  Lisbon  Agreement  on  Appellations  of 
Origin and Geographical Indications (the "Geneva Act"). 

The aim of this Commission proposal is to ensure the legal framework for effective 
participation  of  the  Union  in  the  WIPO  Lisbon  Union  once  the  Union  will  have 
become a Contracting Party to the Geneva Act.  

Article 9 of the Geneva Act establishes a commitment for each Contracting Party to 
protect registered appellations of origin and geographical indications on its territory, 
within its own legal system and practice but in accordance with the terms of this Act, 
subject to any refusal, renunciation by the Contracting Party of origin, invalidation or 
cancellation that may become effective with respect to its territory. Article 6 (5) (a) 
of  the  Geneva  Act  provides  that  a  registered  appellation  of  origin  or  geographical 
indication  shall,  in  each  Contracting  Party  that  has  not  refused  protection  in 
accordance with Article 15, or that has sent to the International Bureau of the World 
Intellectual Property Organization a notification of grant of protection in accordance 
with Article 18, be protected from the date of the international registration. Rule 9(1) 
(b) of the Common Regulations under the Lisbon Agreement and the Geneva Act of 
the Lisbon Agreement (the "Common Regulations") specifies that the refusal shall be 
notified  within  a  period  of  one  year  from  the  receipt  of  the  notification  of 
international  registration  under  Article  6(4).  In  the  case  of  Article  29(4),  this  time 
limit may be extended by another year. 

Against this background, upon becoming a Contracting Party to the Geneva Act, the 
Union  should  submit  a  list  of  EU  geographical  indications  drawn  from  the  EU 
registers  for  geographical  indications  (to  be  agreed  with  EU  Member  States)  for 
protection  under  the  Lisbon  system.  This  list  should  be  established  in  close 
consultation  with  the  Member  States,  following  this  established  practice  and 
methodology  which  is  used  for  some  of  the  bilateral  international  agreements  on 
Geographical  indications  which  the  EU  has  concluded  (taking  into  account 
production  value  and  export  value,  protection  under  other  agreements  as  well  as 
current  or  potential  misuse  in  the  third  countries  concerned,  and  balance  between 
Member States), taking into account the scope of Geographical indications registered 
by third country Lisbon members. After the Union's accession to the Lisbon Union, 
applications  for  the  international  registration  of  additional  geographical  indications 
protected and registered in the Union shall be possible on the Commission's initiative 
or at the request of a Member State or of an interested group of producers. 

Appropriate  procedures  for  the  assessment  by  the  Commission  of  appellations  of 
origin  and  geographical  indications  originating  in  third  Contracting  Parties  and 
registered  in  the  International  Register,  and  for  the  related  opposition  procedure 
should be put in place, taking into account specificities of the Geneva Act. 

Enforcement  by  the  Union  of  appellations  of  origin  and  geographical  indications 
originating  in  third  Contracting  Parties  and  registered  in  the  International  Register 
shall be in accordance with Chapter III of the Geneva Act. Article 14 of the Geneva 
Act  in  particular  requires  each  Contracting  Party  to  make  available  effective  legal 

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remedies  for  the  protection  of  registered  appellations  of  origin  and  registered 
geographical  indications  and  provide  that  legal  proceedings  for  ensuring  their 
protection may be brought by a public authority or by any interested party, whether a 
natural person or a legal entity and whether public or private, depending on its legal 
system and practice. Coexistence of prior trade marks and  an appellations of origin 
or geographical indications registered in the International Register which are granted 
protection or used in the Union should be possible where the conditions laid down in 
the  second paragraph  of  Article  15  of  Regulation  (EU)  1151/2012  of  the  European 
Parliament and of the Council of 21 November 2012 are fulfilled mutatis mutandis.   

Seven  EU  Member  States  are  members  of  the  Lisbon  Union  and  as  such  have 
accepted protection of third-country names. In order to provide for them the means to 
fulfil their international obligations assumed before the accession of the Union to the 
Lisbon  Union  a  transitional  arrangement  should  be  put  into  place  which  should 
produce  effects  at  national  level  only,  and  have  no  effect  on  intra-Union  or 
international trade. 

It appears equitable that the fees to be paid under the Geneva Act and the  Common 
Regulations  for  filing  an  application  with  the  International  Bureau  for  the 
international  registration  of  an  appellation  of  origin  or  a  geographical  indication  as 
well as the fees to be paid in respect of other entries in the International Register and 
for the supply of extracts, attestations, or other information concerning the contents 
of this international registration should be borne by the Member State in which the 
appellation of origin or the geographical indication is originating. 

• 

Consistency with existing policy provisions in the policy area 

Regarding agricultural products,  the EU has established uniform and exhaustive GI 
protection  systems  for  wines  (1970),  spirits  (1989),  aromatised  wines  (1991)  and 
other agricultural products and foodstuffs (1992). Through these systems, protected 
names  for  the  products  covered  enjoy  far-reaching  protection  throughout  the  EU, 
based on a single application process. The key provisions are currently laid down for 
wine in Regulation (EU) No. 1308/2013 of 17 December 2013, for aromatised wines 
in Regulation (EU) No. 251/2014 of 26 February 2014, for spirits in Regulation (EC) 
No.  110/2008  of  15  January  2008,  and  for  agricultural  products  and  foodstuffs  in 
Regulation (EU) No. 1151/2012 of 21 November 2012. 

• 

Consistency with other Union policies 

The proposal is consistent with the EU's general policy to promote and enhance the 
protection  of  geographical  indications  through  bilateral,  regional  and  multilateral 
agreements.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Considering  the  subject  matter  of  the  Treaty,  the  Regulation  should  be  based  on 
Article 207 of the Treaty on the Functioning of the European Union. 

• 

Subsidiarity (for non-exclusive competence)  

The  Union  has  exclusive  competence  to  conclude  the  Geneva  Act  of  the  Lisbon 
Agreement.  This  follows  from  the  ruling  of  the  European  Court  of  Justice  of  25 
October 2017 in case C-389/15 - Commission vs. Council - which clarified that the 
draft  revised  Lisbon  Agreement,  i.e.  the  Geneva  Act,  is  essentially  intended  to 

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• 

• 

3. 

• 

• 

facilitate  and  govern  trade  between  the  European  Union  and  third  States  and, 
secondly, that it is such as to have direct and immediate effects on such trade, so that 
its negotiation fell within the exclusive competence which Article 3(1) TFEU confers 
on the European Union in the field of the common commercial policy envisaged in 
Article 207(1) TFEU.  

According  to  Article  5(3)  of  the  Treaty  of  the  European  Union  (TEU),  the 
subsidiarity principle does not apply to areas of exclusive EU competence.  

Proportionality 

The proposed measures do not go beyond what is necessary to achieve the objective 
of enabling the Union to participate in the Lisbon Union in a way which will ensure 
efficient protection of EU geographical indications. 

Choice of the instrument 

A Regulation of the European Parliament and of the Council is the appropriate legal 
instrument for the implementation of the membership of the European Union in the 
Lisbon Union as it ensures the legislative prerogatives of both institutions. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable 

Stakeholder consultations 

The  Roadmap  on  EU  accession  to  the  Geneva  Act  of  the  Lisbon  Agreement  on 
Appellations of Origin and Geographical Indications was published on 21 December 
2017 with a deadline for stakeholder comments until 18 January 2018. 8 comments 
were received within the deadline. All except one were basically positive regarding 
the initiative and supported EU accession. Three comments expressed the view that 
the  EU  should  advance  the  discussion  on  recognition  and  protection  of  non-
agricultural geographical indications. Two comments were against a shortlist as all of 
the  Union's  geographical  indications  should  be  eligible  for  protection  under  the 
Geneva Act.  

• 

Collection and use of expertise 

(GI)" 

indication 

The study of October 2012 done by AND International on the "Value of production 
of agricultural products and foodstuffs, wines, aromatised wines and spirits protected 
by  a  geographical 
(http://ec.europa.eu/agriculture/external-
studies/value-gi_en)  identified  a  number  of  benefits  of  the  EU's  GI  policy  for 
consumers  (quality  assurance),  producers  (openness  of  the  system  to  all  producers 
complying  with  quality  requirements;  fair  competition;  price  premium;  efficient 
protection),  society  at  large  (link  of  valuable  products  to  rural  areas;  preserving 
tradition;  reconnection  of  producers  and  consumers)  and  the  environment  (Linking 
traditional products with landscapes and farming systems). Evaluating economic data 
on each of 2768 GIs registered in the EU 27 from 2005 to 2010, the study found in 
particular  that  on  average,  the  price  of  a  GI  product  is  2.23  times  the  price  of  a 
comparable non-GI product. The sales value of EU GIs (all sectors) was €54.3 billion 
in 2010 (5.7% of the total EU food and drink sector); the estimated EU GI exports 
value is € 11.5 billion (15% of EU food and drink industry exports).  

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• 

Impact assessment 

The  Better  Regulation  requirements  for  the  initiative  do  not  include  an  impact 
assessment, an implementation plan or a public consultation.  

The  Guidelines  on  Better  Regulation  clarify  that  an  impact  assessment  should  be 
carried out only when it is useful, to be assessed on a case-by-case basis. In principle, 
no  impact  assessment  is  needed,  when  there  is  little  or  no  choice  available  for  the 
Commission.  This  is  the  case  here  as  accession  to  the  Geneva  Act  of  the  Lisbon 
Agreement is warranted in view of the Union's exclusive competence for the matters 
covered  by  the  Geneva  Act,  and  as  this  step  would  also  be  the  logical  conclusion 
following the review process of the Lisbon system in which the EU has engaged. The 
measures  proposed  in  the  present  draft  Regulation  are  necessary  in  order  to  ensure 
the appropriate application of the Geneva Act by the European Union.  

There would be a number of advantages in case of EU membership. It would ensure 
that  current  and  future  GIs  registered  at  EU  level  but  not  registered  by  the  7  EU 
Member  States  in  the  Lisbon  Union  could  become  eligible  for  protection  in  the 
Lisbon system. EU GIs could in principle gain rapid, high level, indefinite protection 
in  all  current  and  future  parties  to  the  Geneva  Act.  The  established  multilateral 
register  would  increase  the  reputation  of  European  GIs  due  to  the  wide  geographic 
extent  of  protection  under  the  Geneva  Act.  Improved  international  GI  protection 
resulting  from  EU  accession  is  expected  to  consolidate  and  potentially  expand  the 
positive impacts of GI protection on inclusive growth and employment in high added 
value  production  in  the  agricultural  sector,  on  trade  and  investment  flows, 
competitiveness of business and SMEs in particular, as well as for the functioning of 
the internal market and competition, and for the protection of IPR. Farmers' and food 
producers'  intellectual  property  in  their  GI-protected  products  is  vulnerable  to 
exploitation  and  loss,  especially  in  global  markets.  EU  accession  to  the  Lisbon 
system would help rural stakeholders protect at global level what is valuable at local 
level,  thus  countervailing  the  usual  globalisation  trend  toward  uniform  commodity 
standards  and  downward  pressure  on  agricultural  product  prices.  In  the  current 
political  and  economic  uncertainties,  this  would  provide  a  visible  demonstration  to 
the rural community that the EU is acting to defend and protect their interests across 
the  world.  As  the  Geneva  Act  is  broadly  equivalent  to  EU  legislation  on  GI 
protection for agricultural products, it is not expected that EU accession will require 
significant adjustments of the substance of this legislation.  

From an administrative point of view, the Geneva Act provides a single set of rules 
for  obtaining  protection  in  all  members  and  therefore  a  simpler  and  more  efficient 
mechanism  compared  to  the  current  EU  practice  of  dealing  with  a  variety  of  local 
procedures  through  bilateral  agreements.  In  commercial  policy  terms,  it  will 
demonstrate  the  EU's  responsible  leadership  role  promoting  multilateralism.  EU 
accession is not expected to create additional costs or burdens on EU operators or EU 
Member States wanting to have GIs protected in the Lisbon system as compared to 
the  status  quo.  On  the  contrary,  it  is  expected  to  even  result  in  a  reduced  level  of 
these administrative costs and burdens.  

For  businesses,  EU  accession  will  entail  no  additional  adjustment,  compliance  or 
transaction  costs  or  administrative  burdens  other 
individual 
examination fees which Lisbon Members may apply but which will be diminished by 
the savings resulting from the international procedure.  

than  potential 

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The  Geneva  Act  allows  for  accession  of  the  EU  together  with  its  Member  States. 
However,  in  view  of  the  uniform  and  exhaustive  nature  of  the  EU  GI  protection 
system  for  agricultural  products,  any  AOs  or  GIs  submitted  for  protection  by  the 
seven  EU  Member  States  in  the  Lisbon  system  (currently  around  800)  and  eligible 
for  protection  under  EU  legislation  should  no  longer  be  protected  under  national 
legislation,  but  exclusively  through  EU  legislation.  This  will  also  be  the  case 
regarding  protection  of  GIs  originating  in,  and  submitted  for  protection  by,  third 
country  Lisbon  members.  As  a  consequence,  EU  accession  will  result  in  less 
administrative burden of participation in the Lisbon system for EU Member States.  

Notably, once the EU has joined, there will be the option of referring to the Lisbon 
system register rather than negotiating in detail the bilateral protection of GIs. This 
would  be  in  line  with  practice  in  other  areas  of  Intellectual  Property  Rights  (IPR) 
where the EU engages its partners to join and comply with international agreements 
on  IPR  such  as  the  Berne  Convention  on  Copyright  and  the  Madrid  protocol  on 
Trade Marks, rather than creating a web of divergent undertakings that can confuse 
stakeholders.  

Accession of the EU will likely give an incentive for more third countries to join the 
Lisbon  system,  since  this  would  give  them  access  to  protection  across  the  whole 
Lisbon  Union,  and  they  could  benefit  from  an  efficient  examination  procedure  for 
individual GIs in case of equivalence of their system to that of the EU.  

EU accession may in particular have positive effects for developing countries which 
consider joining the Geneva Act as their GIs could gain protection in the EU through 
the  Lisbon  system.  The  interest  of  the  17-member  African  IP  office,  OAPI,  to  join 
Lisbon  is  propitious  and  evidence  of  the  attraction  of  the  GI  instrument  to  protect 
developing country farmers' rights and traditional value.  

As  regards  potential  disadvantages,  these  could  be  seen  in  the  as  yet  limited 
membership  of  the  Lisbon  system,  the  concern  that  progress  on  GIs  in  the  WTO 
might  be  put  even  further  out  of  reach;  scepticism  of  some  EU  Member  States 
towards EU accession, and uncertainty in respect of financial impacts. However, the 
modernized system under the Geneva Act should be more attractive for potential new 
members;  progress  in  WIPO  might  even  have  a  positive  repercussion  on  GI 
discussions  in  the  WTO  by  creating  appropriate  synergies  and  bringing  the  revised 
Lisbon Agreement closer to the WTO process; EU member States with reservations 
about the Lisbon system will not be required to join; and Lisbon members have made 
progress  in  their  efforts  towards  ensuring  financial  sustainability  of  the  Lisbon 
system.  

On  balance,  the  advantages  of  EU  accession  to  the  Geneva  Act  of  the  Lisbon 
Agreement  outweigh  the  disadvantages.  In  order  to  achieve  EU  accession  to  the 
Lisbon  System,  the  Commission  will  have  to  prepare  a  proposal  for  the  legal  acts 
needed for accession of the EU to the Geneva Act of the Lisbon Agreement and its 
implementation.  

• 

• 

Regulatory fitness and simplification 

Not applicable  

Fundamental rights 

The Union's participation in the Lisbon Union as a Contracting Party to the Geneva 
Act will be in accordance with Article 17 (2) of the Charter of Fundamental Right of 
the European Union, which provides that intellectual property shall be protected. 

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4. 

BUDGETARY IMPLICATIONS 

See Financial Statement annexed. 

5. 

• 

• 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

Explanatory documents (for directives) 

Not applicable 

Detailed explanation of the specific provisions of the proposal 

Not applicable  

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2018/0189 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the action of the Union following its accession to the Geneva Act of the Lisbon 
Agreement on Appellations of Origin and Geographical Indications 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 

6 

In order for the Union to be fully able to exercise its exclusive competence in relation 
to  its  common  commercial  policy,  it  will  become  a  contracting  party  to  the  Geneva 
Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications 
('the Geneva Act')2 pursuant to Council Decision (EU) …/…3  The contracting parties 
to the Geneva Act are members of a Special Union created by the Lisbon Agreement 
for 
International 
Registration4('Special  Union').  In  accordance  with  Article  3  of  Decision  (EU)…/…, 
the Union is to be represented by the Commission in the Special Union. 

the  Protection  of  Appellations  of  Origin 

their 

and 

It is appropriate to establish rules allowing the Union to fully exercise all its rights and 
obligations following its accession to the Geneva Act. 

The Geneva Act protects appellations of origin, including “designations of origin” as 
defined  by  Regulation  (EU)  No  1151/2012  of  the  European  Parliament  and  of  the 
Council5  and  Regulation  (EU)  No  1308/2013  of  the  European  Parliament  and  of  the 
Council6,  and  geographical  indications,  which  are  henceforth  both  referred  to  as 
'geographical indications'.  

Following the accession of the Union to the Geneva Act, the Commission should as a 
first  step  file  with  the  International  Bureau  of  the  World  Intellectual  Property 
Organization  ('the  International  Bureau')  an  application  for  registration  of  a  list  of 

OJ C […], […], p. […]. 
http://www.wipo.int/edocs/lexdocs/treaties/en/lisbon/trt_lisbon_009en.pdf. 
OJ L […], […], p. […]. 
http://www.wipo.int/export/sites/www/lisbon/en/legal_texts/lisbon_agreement.pdf. 
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 
on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1). 
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 
establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing  Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 
347, 20.12.2013, p. 671). 

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(5) 

(6) 

(7) 

(8) 

(9) 

geographical indications originating and protected in the territory of the Union in their 
register (‘the International Register’). The criteria for the establishment of such a list 
should, as it is the case for some of the bilateral and regional agreements of the Union 
regarding  protection  of  geographical  indications,  take  into  account  in  particular  the 
production  value  and  export  value,  protection  under  other  agreements  as  well  as 
current or potential misuse in the third countries concerned.  

In order to ensure that additional geographical indications protected and registered in 
the Union are registered in the International Register, it is appropriate to authorise the 
Commission,  at  a  later  stage,  to  file  applications  for  the  international  registration  of 
such  additional  geographical  indications,  on  its  own  initiative  or  at  the  request  of  a 
Member  State  or  of  an  interested  group  of  producers  or,  in  exceptional  cases,  at  the 
request of a single producer. 

Appropriate  procedures  should  be  established  in  order  for  the  Commission  to  assess 
geographical indications originating in the contracting parties to the Geneva Act which 
are not Member States ('third Contracting Parties') and registered in the International 
Register, in order to provide for a procedure to decide on protection in the Union and 
to cancel such protection, where relevant.  

Enforcement by the Union of the protection of geographical indications originating in 
third Contracting Parties and registered in the International Register should be done in 
accordance  with  Chapter  III  of  the  Geneva  Act,  in  particular  with  Article  14  of  the 
Geneva Act, which requires each Contracting Party to make available effective legal 
remedies  for  the  protection  of  registered  geographical  indications  and  provide  that 
legal proceedings for ensuring their protection may be brought by a public authority or 
by any interested party, whether a natural person or a legal entity and whether public 
or  private,  depending  on  its  legal  system  and  practice.  With  a  view  to  ensuring  the 
protection  of  trade  marks  alongside  geographical  indications,  having  regard  to  the 
safeguard in respect of prior trade mark rights as set out in Article 13(1) of the Geneva 
Act,  coexistence  of  prior  trademarks  and  geographical  indications  registered  in  the 
International  Register  which  are  granted  protection  or  used  in  the  Union  should  be 
safeguarded. 

Seven Member States are members of the Special Union and as such have accepted the 
protection  of  the  geographical  indications  of  third  Contracting  parties.  In  order  to 
provide for them the means to fulfil their international obligations assumed before the 
accession  of  the  Union  to  the  Geneva  Act,  a  transitional  arrangement  should  be 
provided  which  should  produce  effects  at  national  level  only,  and  have  no  effect  on 
intra-Union or international trade. 

It  appears  equitable  that  the  fees  to  be  paid  under  the  Geneva  Act  and  the  Common 
Regulations under the Lisbon Agreement and the Geneva Act for filing an application 
with  the  International  Bureau  for  the  international  registration  of    a  geographical 
indication as well as the fees to be paid in respect of other entries in the International 
Register  and  for  the  supply  of  extracts,  attestations,  or  other  information  concerning 
the contents of that international registration should be borne by the Member State in 
which the geographical indication originates.  This should be without prejudice to any 
decision by the Member State to seek reimbursement of those fees from the group of 
producers or single producer using the geographical indication for which international 
registration is sought.  

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(10) 

(11) 

In  order  to  defray  any  shortfall  in  relation  to  the  operating  budget  of  the  Special 
Union, the Union should be able to provide for a special contribution within the means 
available for this purpose in the annual budget of the Union. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  Union 
membership  in  the  Special  Union,  implementing  powers  should  be  conferred  on  the 
Commission  to  establish  a  list  of  geographical  indications  for  the  filing  of  an 
application  for  their  international  registration  with  the  International  Bureau  upon 
accession  to  the  Geneva  Act,  for  the  subsequent  filing  of  an  application  for 
international  registration  of  a  geographical  indication  with  the  International  Bureau, 
for  rejecting  an  opposition,  for  a  decision  on  whether  or  not  to  grant  protection  of  a 
geographical indication registered in the International Register, and for cancelling the 
protection  in  the  Union  of  a  geographical  indication  registered  in  the  International 
Register.  Those  powers  should  be exercised  in accordance  with  Regulation (EU)  No 
182/2011 of the European Parliament and of the Council7, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This Regulation establishes rules concerning the implementation of the rights and obligations 
of  the  Union  following  its  accession  to  the  Geneva  Act  of  the  Lisbon  Agreement  on 
Appellations of Origin and Geographical Indications (‘the Geneva Act’). 

For the purpose of this Regulation, appellations of origin, including “designations of origin” 
as  defined  by  Regulation  (EU)  No  1151/2012  and  Regulation  (EU)  No  1308/2013,  and 
geographical indications, are henceforth both referred to as 'geographical indications'. 

Article 2 
International registration of geographical indications upon accession  

Upon  the  accession  of  the  Union  to  the  Geneva  Act,  the  Commission  shall  file  with  the 
International  Bureau  of  the  World  Intellectual  Property  Organization  ('the  International 
Bureau')  applications  for  the  international  registration  of  geographical  indications  protected 
and registered under Union law and pertaining to products originating in the Union pursuant 
to Article 5(1) and (2) of the Geneva Act.  

The  Commission  shall  adopt  an  implementing  act  establishing  the  list  of  geographical 
indications  referred  to  in  the  first  paragraph,  in  accordance  with  the  examination  procedure 
referred to in Article 13(2). 

In  order  to  establish  the  list  referred  to  in  the  second  paragraph,  the  Commission  shall  take 
into account, in particular, the following: 

(a) 

(b) 

(c) 

(d) 

7 

the production value of the geographical indication; 

the export value of the geographical indication; 

the protection of the geographical indication under other international agreements; 

the current or potential misuse of the geographical indication in other members of the 
Special Union; 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

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(e) 

the  overall  number  of  geographical  indications  originating  in  the  territories  of  the 
other members of the Special Union and registered in the register of the International 
Bureau (’the International Register’).  

Article 3 
Subsequent international registration of geographical indications of the Union  

Following  the  accession  of  the  Union  to  the  Geneva  Act,  the  Commission  may  on  its  own 
initiative or at the request of a Member State or of an interested group of producers or of the 
single producer using a geographical indication protected and registered in the Union, adopt 
implementing  acts  in  order  to  file  an  application  for  international  registration  of  a 
geographical indication protected and registered under Union law and pertaining to a product 
originating in the Union with the International Bureau.  

In  order  to  assess  whether  or  not  to  file  an  application  for  international  registration,  the 
Commission  shall  take  into  account  the  criteria  set  out  in  the  third  paragraph  of  Article  2. 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 13(2). 

Article 4 
Assessment of third country geographical indications registered in the International Register  

(1) 

(2) 

(3) 

8 

The  Commission  shall  assess  the  publication  notified  by  the  International  Bureau 
pursuant to Article 6(4) of the Geneva Act concerning the  geographical indications 
registered in the International Register and in respect of which the Contracting Party 
of Origin, as defined under Article 1(xv) of the Geneva Act, is not a Member State, 
in order to determine whether it contains the mandatory elements laid down in Rule 
5(2) of the Common Regulations under the Lisbon Agreement and the Geneva Act 
(the  'Common  Regulations')8,  and  the  particulars  concerning  the  quality,  reputation 
or characteristics as laid down in Rule 5(3) of those Regulations, as well as to assess 
whether the publication relates to a product in respect of which protection within the 
Union of geographical indications is currently provided. The period for carrying out 
such  assessment  shall  not  exceed  four  months  and  shall  not  include  assessment  of 
other specific Union provisions relating to the placing of products on the market and, 
in particular, to sanitary and phytosanitary standards, the marketing standards, and to 
food labelling.  

Where, based on the assessment carried out pursuant to paragraph 1, the Commission 
considers that the conditions laid down in that paragraph are prima facie fulfilled, it 
shall  publish  the  geographical  indication  proposed  for  protection  in  the  Union 
together  with  the  product  type  and  country  of  origin  in  the  Official  Journal  of  the 
European Union, C series. 

Where, based on the assessment carried out pursuant to paragraph 1, the Commission 
considers that the conditions laid down in that paragraph are not fulfilled, it shall take 
a  decision  to  refuse  protection  of  the  geographical  indication  by  means  of  an 
implementing act adopted in accordance with the examination procedure referred to 
in Article 13(2). In respect of geographical indications covering products not falling 

Common  Regulations  under  the  Lisbon  Agreement  and  the  Geneva  Act  of  the  Lisbon  Agreement  as 
adopted 
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=376416,  Doc.  WIPO  A/57/11  of  11  October 
2017 

Lisbon  Union 

the  Assembly 

11  October 

the 

on 

by 

of 

2017,   

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10 

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within the competence of the Committees provided in Article 13(1) the decision will 
be  adopted  by  the  Commission  without  application  of  the  examination  procedure 
referred to in Article 13(2). 

In accordance with Article 15(1) of the Geneva Act, the Commission shall notify the 
International  Bureau  of  the  refusal  of  the  effects  of  the  international  registration 
concerned  in  the  territory  of  the  Union,  within  one  year  from  the  receipt  of  the 
notification  of  international  registration  in  accordance  with  Article  6(4)  of  the 
Geneva Act. 

Article 5 
Opposition procedure for third country geographical indications registered in the 
International Register 

(1) 

Within  two  months  from  the  date  of  publication  of  the  name  of  the  geographical 
indication in the Official Journal of the European Union in accordance with Article 
4(2),  the  authorities  of  a  Member  State  or  of  a  third  country  other  than  the 
Contracting Party of Origin, or a natural or legal person having a legitimate interest 
and established in the Union or in a third country other than the Contracting Party of 
Origin  may  lodge  an  opposition  with  the  Commission,  in  one  of  the  official 
languages of the Union. 

(2) 

Such opposition shall be admissible only if it is lodged within the time limit set out 
in paragraph 1 and if it contains one or more of the following claims:  

(a) 

(b) 

(c) 

(d) 

that  the  geographical  indication  registered  in  the  International  Register 
conflicts  with  a  name  of  a  plant  variety  or  an  animal  breed  and  is  likely  to 
mislead the consumer as to the true origin of the product;  

that  the  geographical  indication  registered  in  the  International  Register  is 
wholly  or  partially  homonymous  with  a  geographical  indication    already 
protected  in  the  Union  and  that  there  is  no  sufficient  distinction  in  practice 
between  the  conditions  of  local  and  traditional  usage  and  presentation  of  the 
geographical indication proposed for protection and the geographical indication 
already protected in the Union, taking into account the need to ensure equitable 
treatment of the producers concerned and not to mislead consumers; 

that the protection in the Union of the geographical indication registered in the 
International Register would infringe a prior trade mark right; 

that the protection in the Union of the geographical indication proposed would 
jeopardise the use of an entirely or partly identical name or the exclusive nature 
of  a  trade  mark  or  the  economic  value  of  products  which  have  been  legally 
placed on the market for at least five years preceding the date of the publication 
of  the  name  of  the  geographical  indication  in  the  Official  Journal  of  the 
European Union in accordance with Article 4(2);  

(e) 

that the geographical indication registered in the International Register relates 
to  a  product  in  respect  of  which  protection  within  the  EU  of  geographical 
indications is currently not provided; 

(f) 

that  the  name  for  which  registration  is  requested  is  a  generic  term  in  the 
territory of the Union. 

(3) 

The  grounds  for  opposition  as  set  out  in  paragraph  2  shall  be  assessed  by  the 
Commission in relation to the territory of the Union or part thereof.  

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Article 6 
Decision on protection in the Union of third country geographical indications registered in 
the International Register 

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

Where the Commission receives no opposition or opposition which is inadmissible, it 
shall, as appropriate, reject the inadmissible oppositions received and take a decision 
to grant protection of the geographical indication by means of an implementing act 
adopted in accordance with the examination procedure referred to in Article 13(2).   

Where the Commission receives an admissible opposition as set out in Article 5(2), it 
shall  take  a  decision  on  whether  or  not  to  grant  protection  of  a  geographical 
indication registered in the International Register by means of an implementing  act 
which shall be adopted in accordance with the examination procedure referred to in 
Article  13(2).  In  respect  of  geographical  indications  covering  products  not  falling 
within the competence of the Committees provided in Article 13(1) the decision will 
be  adopted  by  the  Commission  without  application  of  the  examination  procedure 
referred to in Article 13(2). 

The  decision  to  grant  protection  of  a  geographical  indication  in  accordance  with 
paragraphs  1  or  2  shall  set  out  the  scope  of  protection  granted  and  may  include 
conditions  which  are  compatible  with  the  Geneva  Act,  and  in  particular  grant  a 
defined transitional period as specified in Article 17 of the Geneva Act and Rule 14 
of the Common Regulations.  

In accordance with Article 15(1) of the Geneva Act, the Commission shall notify the 
International  Bureau  of  the  refusal  of  the  effects  of  the  international  registration 
concerned  in  the  territory  of  the  Union,  within  one  year  from  the  receipt  of  the 
notification  of  international  registration  in  accordance  with  Article  6(4)  of  the 
Geneva Act 

Article 7 
Use of geographical indications 

The  implementing  acts  adopted  by  the  Commission  on  the  basis  of  Article  6  shall 
apply without prejudice to other specific Union provisions relating to the placing of 
products  on  the  market  and,  in  particular,  to  the  common  organisation  of  the 
agricultural markets, sanitary and phytosanitary standards, and to food labelling. The 
Commission shall inform the International Bureau accordingly of these conditions of 
use at the moment of accession.  

Subject to paragraph 1 geographical indications protected under this Regulation may 
be  used  by  any  operator  marketing  a  product  in  accordance  with  the  international 
registration.  

Article 8 
Cancellation of a third country geographical indication registered in the International 
Register 

The  Commission  may,  on  its  own  initiative  or  following  a  duly  substantiated  request  by  a 
Member State, a third country or a natural or legal person having a legitimate interest, adopt 
implementing  acts  cancelling  the  protection  in  the  Union  of  a  geographical  indication 
registered in the International Register in one or more of the following circumstances: 

(a) 

the geographical indication, is no longer protected in the Contracting Party of Origin; 

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12 

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(b) 

(c) 

the geographical indication is no longer registered in the International Register; 

where  compliance  with  the  mandatory  elements  laid  down  in  Rule  5(2)  of  the 
Common  Regulations  or  with  the  particulars  concerning  the  quality,  reputation  or 
characteristics as laid down in Rule 5(3) of those Regulations are no longer ensured.  

The implementing acts referred to in the first paragraph shall be adopted in accordance with 
the examination procedure referred to in Article 13(2). 

The Commission shall notify the International Bureau without delay of the invalidation of the 
effects  in  the  territory  of  the  Union  of  the  international  registration  of  the  geographical 
indication cancelled in accordance with the first paragraph.  

(1) 

(2) 

(3) 

(1) 

Article 9 
Relation to trade marks 

The protection of a geographical indication shall not prejudice the validity of a prior 
trade  mark  applied  for  or  registered  in  good  faith,  or  acquired  through  use  in  good 
faith in the territory of the Union.  

A  geographical  indication  registered  in  the  International  Register  shall  not  be 
protected in the territory of the Union where in the light of a trade mark's reputation 
and  renown  and  the  length  of  time  it  has  been  used,  protection  of  the  said 
geographical indication in the territory of the Union would be liable to mislead the 
consumer as to the true identity of the product.  

Without prejudice to paragraph 2, a prior trade mark applied for or registered in good 
faith  in  the territory  of the Union, or  acquired through  use  in  good faith  the use  of 
which would contravene the protection of a geographical indication, may continue to 
be used and renewed for the product concerned notwithstanding the protection of a 
geographical  indication  provided  that  no  grounds  for  invalidity  or  revocation  exist 
under Regulation (EU) 2017/1001 of the European Parliament and of the Council9. In 
such cases the use of the geographical indication shall be permitted as well as use of 
the trade mark concerned.  

Article 10 
Transitional protection   

Those  Member  States  which  were  members  of  the  Special  Union  before  the 
accession  of  the  Union  to  the  Geneva  Act  may  grant  protection  to  a  third  country 
contracting party to the Lisbon Agreement of 1958, or to that Agreement as revised 
at Stockholm on July 14, 1967 and amended on September 28, 1979 by means of a 
national protection system, with effect from the date on which the Union becomes a 
contracting party to the Geneva Act, as regards geographical indications registered as 
at  that  date  under  the  Special  Union,  or  with  effect  from  the  date  on  which  the 
international registration in the International Register of the geographical indication 
is notified to the Member State by the Commission.  

Such national protection systems shall cease either on the day when the decision on 
protection under this Regulation is taken or the day when the effect of international 
registration ends.  

9 

Regulation  (EU)  2017/1001  of  the  European  Parliament  and  of  the  Council  of  14  June  2017  on  the 
European Union trade mark (OJ L 154 of 16.07.2017, page 1). 

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(2) 

(3) 

Where a third country name is not registered under this Regulation, the consequences 
of such  a  national protection  system shall  be the sole responsibility  of the Member 
State concerned.  

The  measures  taken  by  Member  States  under  paragraph  1  shall  produce  effects  at 
national  level  only,  and  they  shall  have  no  effect  on  intra-Union  or  international 
trade. 

Article 11 
Fees 

The  fees  to  be  paid  under  Article  7  of  the  Geneva  Act,  as  specified  in  the  Common 
Regulations, for the filing of an application with the International Bureau for the international 
registration of a geographical indication, in  the International Register, and for the supply of 
extracts,  attestations,  or  other  information  concerning  the  contents  of  this  register  shall  be 
borne by the Member State in which the geographical indication originates. 

This  is  without  prejudice  to  any  decision  by  a  Member  State  to  seek  reimbursement  of  the 
amounts  referred  to  in  the  first  paragraph  from  the  group  of  producers  or  single  producer 
using the geographical indication for which international registration is sought.  

Article 12 
Special financial contribution 

Where  the  income  from  the  Special  Union  shall  be  derived  in  accordance  with  Article 
24(2)(v)  of  the  Geneva  Act,  the  Union  may  make  a  special  contribution  within  the  means 
available for that purpose from the annual budget of the Union. 

Article 13 
Committees procedure 

(1) 

The Commission shall be assisted by the following Committees within the meaning 
of Regulation (EU) No 182/2011, in respect of the following products: 

(a) 

(b) 

(c) 

for wine-sector products falling within the scope of Article 92(1) of Regulation 
(EU)  No  1308/2013  by  the  Committee  for  the  Common  Organisation  of  the 
Agricultural Markets established by Article 229 of that Regulation; 

for  aromatised  wine  products  as  defined  in  Article  3  of  Regulation  (EU)  No  
251/2014 of the European Parliament and of the Council10by the Committee on 
aromatised wine products established by Article 34 of that Regulation; 

for spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the 
European Parliament and of the Council11 by the Committee for Spirit Drinks 
established by Article 25 of that Regulation; 

10 

11 

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on 
the  definition,  description,  presentation,  labelling  and  the  protection  of  geographical  indications  of 
aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 
14). 
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). 

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(d) 

for products falling within the scope of the first subparagraph of Article 2(1) of 
Regulation  (EU)  No  1151/2012  by  the  Agricultural  Product  Quality  Policy 
Committee established by Article 57 of that Regulation; 

(2) 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.  

Article 14 
Entry into force 

This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

It shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

FINANCIAL STATEMENT 

BUDGET HEADING: 
05 06 01 

FS/18/YG/mh  
agri.ddg1.a.2(2018)1387240 
6.221.2018.1  

DATE: 05.03.2018 

APPROPRIATIONS: 
EUR 7.228 million  

TITLE: 
Proposal for a Regulation of the European Parliament and of the Council on the action of the Union following 
its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical 
Indications 

LEGAL BASIS: 
Article 207 of the Treaty on the Functioning of the European Union 

AIMS: 
Establishing the rules on the implementation of the membership of the European Union in the Lisbon Union as a 
Contracting Party to the  Geneva  Act of the Lisbon Agreement on Appellations of Origin and Geographical 
Indications   
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CHARGED TO THE EU BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
- 

FOLLOWING 
FINANCIAL YEAR 
2019 
(EUR million) 

1.0 (estimate) 

CURRENT 
FINANCIAL 
YEAR 
2018 
(EUR million) 
1.0 
1.0 

- 
- 

1. 

2. 

3. 

4. 

5. 

5.0 

5.1  REVENUE 

OWN RESOURCES OF THE EU  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

2020 

2021 

2022 

2023  

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: not determined at this stage 
6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

YES NO 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

YES NO 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
The fees shall be borne by the Member State in which the the geographical indication is originating.  However, the 
Union may make a special contribution pursuant to Article 24(2)(v) of the Geneva Act within the means available for 
this purpose in the annual budget of the Union.  In 2018, an amount of EUR 1 million is allocated to budget line 05 06 
01 to this purpose. 

YES NO 

YES NO 

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