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
Date: 2021-01-14
Institutions: European Commission
Subjects: Japan, cooperation agreement (EU), designation of origin, economic cooperation, labelling, product designation, revision of an agreement




CI2021081EN.01000101.xml










10.3.2021   


EN


Official Journal of the European Union


CI 81/1






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of the Council (2) referred to in Part 1 of Annex 14-A and in Section A of Part 2 of Annex 14-B of the Agreement was repealed by Regulation (EU) 2019/787 of the European Parliament and of the Council (3).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




ANNEX


DECISION No …/2021 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP
of [date]
on the amendments to Annexes 14-A and 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)


On 8 June 2019, Chapter III of Regulation (EC) No 110/2008 of the European Parliament and of the Council (1) 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 (2). 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 (hereinafter referred to as ‘the Parties’) 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 (hereinafter referred to as ‘GIs’) 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 (3). 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)


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.










(5)


On 2 March 2020, in accordance with paragraph 3 of Article 14.30 of the Agreement, Japan notified the European Union of the cessation of protection of the Japanese geographical indication ‘西尾の抹茶/Nishio Matcha’ in Japan.










(6)


On 28 December 2020, 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-A and Annex 14-B to the Agreement accordingly.










(7)


The Parties have already completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement, and should swiftly endeavour to exchange the diplomatic notes confirming the amendments to the Agreement in order for them to enter into force not more than ten working days after the Decision is adopted.










(8)


Consequently, Annexes 14-A and 14-B to the Agreement should be amended, in accordance with paragraph 3 and subparagraphs 4(f) and 4(g) of Article 23.2 of the Agreement.




HAS ADOPTED THIS DECISION:

Article 1
In Part 1 of Annex 14-A and in footnote 1 to the title ‘The European Union’ of Section A of Part 2 of Annex 14-B, references to EU regulation shall be amended as described in Annex 1 to this Decision.


Article 2






a)


In Section A of Part 1 of Annex 14-B to the Agreement, the GIs listed in Annex 2 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 geographical indication ‘西尾の抹茶/Nishio Matcha’ shall be removed from the list of GIs of Japan as indicated in Annex 3-Part 1 to this Decision and the GIs listed in Annex 3-Part 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 GIs listed in Annex 4 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 5 to this Decision shall be added to the list of GIs of Japan.






Article 3






a)


In the third and fourth years 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 28 names from the European Union and from Japan respectively to be protected as GIs under the Agreement, up to 83 names in total for each Party including the names under Article 2 of this Decision, 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 4
This Decision is drawn up in duplicate. Articles 1 and 2 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 5
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.


Done at [Place], …


For the Joint Committee,


Co-Chair [for Japan]




Co-Chair [for EU]







(1)  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).

(2)  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).

(3)  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.





ANNEX 1
In Part 1 of Annex 14-A and in footnote 1 to the title ‘The European Union’ of Section A of Part 2 of Annex 14-B, references to ‘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’ shall be replaced by references to ‘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’.





ANNEX 2
AUSTRIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Vorarlberger Bergkäse


ファアアールベルガー・ベルクケーゼ


Cheese




BULGARIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Българско pозово масло
(Transliteration into latin Alphabet: Bulgarsko rozovo maslo)


バルガルスコ・ロゾヴォ・マスロ


Essential oils




Странджански манов мед/Maнов мед от Странджа (Transliteration into latin Alphabet: Strandzhanski manov med /Manov med ot Strandzha)


ストランジャンスキ・マノフ・メッド/
マノフ・メッド・オット・ストランジャ


Other products of animal origin (eggs, honey, various dairy products except butter, etc.) [honey]




CROATIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Baranjski kulen


バラニュスキ・クレン


Meat products (cooked, salted, smoked, etc.) [pork ham]




Dalmatinski pršut


ダルマティンスキ・
プロシュート


Meat products (cooked, salted, smoked, etc.) [pork ham]




Drniški pršut


ドゥルニシュキ・プロシュート


Meat products (cooked, salted, smoked, etc.) [pork ham]




Međimursko meso `z tiblice


メジムルスコ・メソ・　ズ・ティブリツェ


Meat products (cooked, salted, smoked, etc.) [pork ham]




Slavonski med


スラヴォンスキ・メド


Other products of animal origin (eggs, honey, various dairy products except butter, etc.) [honey]




FRANCE







Name to be protected


Transcription into Japanese (for information purposes)


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




Beurre Charentes-Poitou/Beurre des Charentes/Beurre des Deux-Sèvres


ブール・シャラント・ポワトゥー/ブール・デ・シャラント/ブール・デ・ドゥー・セーヴル


Oils and fats (butter, margarine, oil, etc.) [butter]




Laguiole


ライオル


Cheese




GERMANY







Name to be protected


Transcription into Japanese (for information purposes)


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




Aachener Printen


アーヘナー・プリンテン


Bread, pastry, cakes, confectionery, biscuits and other baker’s wares [biscuits]




GREECE







Name to be protected


Transcription into Japanese (for information purposes)


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




Καλαμάτα
(Transliteration into latin Alphabet: Kalamata)


カラマタ


Oils and fats (butter, margarine, oil, etc.) [olive oil]




Κασέρι
(Transliteration into latin Alphabet: Kasseri)


カセリ


Cheese




Κεφαλογραβιέρα
(Transliteration into latin Alphabet: Kefalograviera)


ケファログラヴィエラ


Cheese




ITALY







Name to be protected


Transcription into Japanese (for information purposes)


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




Culatello di Zibello


クラテッロ・ディ・ジベッロ


Meat products (cooked, salted, smoked, etc.) [pork ham]




Toscano


トスカーノ


Oils and fats (butter, margarine, oil, etc.) [olive oil]




ROMANIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Magiun de prune Topoloveni


マジュン・デ・プルネ・トポロヴェニ


Fruit, vegetables and cereals fresh or processed [plum jam]




Salam de Sibiu


サラム・デ・シビウ


Meat products (cooked, salted, smoked, etc.) [pork salami]




Telemea de Ibănești


テレメア・デ・イバネシュティ


Cheese




SLOVENIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Kranjska klobasa


クランスカ・クロバサ


Meat products (cooked, salted, smoked, etc.) [pork sausage]




SPAIN







Name to be protected


Transcription into Japanese (for information purposes)


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




Estepa


エステパ


Oils and fats (butter, margarine, oil, etc.) [olive oil]









ANNEX 3
PART 1
The geographical indication ‘西尾の抹茶/Nishio Matcha’ shall be removed from the list of GIs of Japan in Section B of Part 1 of Annex 14-B to the Agreement.
PART 2







Name to be protected


Transcription into Latin alphabet (for information purposes)


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




水戸の柔甘ねぎ


Mito no Yawaraka Negi


Agricultural product [green onion]




松館しぼり大根


Matsudate Shibori Daikon


Agricultural product [Japanese white radish (daikon)]




対州そば


Taisyu Soba


Agricultural product [buckwheat]
Processed agricultural product [buckwheat flour]




山形セルリー/
Yamagata Celery


Yamagata Celery


Agricultural product [celery]




南郷トマト


Nango Tomato


Agricultural product [tomato]




ヤマダイかんしょ/

かんしょ


Yamadai Kansho


Agricultural product [sweet potato]




岩出山凍り豆腐/
岩出山名産凍り豆腐


Iwadeyama Koridofu/
Iwadeyama Meisan Koridofu


Processed agricultural product [freeze dried bean curd]




くまもとあか牛


Kumamoto Akaushi


Fresh meat[beef]




二子さといも/二子いものこ


Futago Satoimo/
Futago Imonoko


Agricultural product [taro]




越前がに/越前かに


Echizen Gani/Echizen Kani


Marine product [snow crab]
Processed marine product [boiled snow crab]




大山ブロッコリー/
Daisen Broccoli


Daisen Broccoli


Agricultural product [broccoli]




奥久慈しゃも/
Okukuji Shamo Chicken


Okukuji Shamo


Fresh meat [chicken, offal meat]




こおげ花御所柿/
Koge Hanagoshogaki


Koge Hanagoshogaki


Agricultural product [Japanese persimmon]




菊池水田ごぼう/
Kikuchi Suiden Gobo


Kikuchi Suiden Gobo


Agricultural product [burdock]




つるたスチューベン/
Tsuruta Steuben (1)



Tsuruta Steuben


Agricultural product [grapes]




小笹うるい/Ozasa Urui


Ozasa Urui


Agricultural product [hosta]




東京しゃも/
Tokyo Shamo


Tokyo Shamo


Fresh meat [chicken, offal meat]




佐用もち大豆/
Sayo Mochidaizu


Sayo Mochidaizu


Agricultural product
[soy beans]




いぶりがっこ/Iburigakko


Iburigakko


Processed agricultural product [pickles]




大栄西瓜/Daiei Suika


Daiei Suika


Agricultural product [watermelon]




津南の雪下にんじん/
Tsunan no Yukishita Ninjin


Tsunan no Yukishita Ninjin


Agricultural product [carrot]




善通寺産四角スイカ/Zentsujisan Shikakusuika


Zentsujisan Shikakusuika


Agricultural product [watermelon]




比婆牛/Hiba Gyu


Hiba Gyu


Fresh meat [beef]




伊吹そば/Ibuki Soba/伊吹在来そば/Ibuki Zairaisoba


Ibuki Soba/Ibuki Zairaisoba


Agricultural product [buckwheat]



東出雲の

 ほし柿/ Higashiizumo no Maruhata Hoshigaki/Higashiizumo no Maruhata Hoshikaki

Higashiizumo no Maruhata Hoshigaki


Processed agricultural product [dried Japanese persimmon]






(1)  For greater certainty, varietal names containing or consisting of ‘Steuben’ may continue to be used on similar goods, provided that the consumer is not misled on the nature of such term or the precise origin of the good.





ANNEX 4
ESTONIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Estonian vodka


エストニアン・ウォッカ


Spirits




FRANCE







Name to be protected


Transcription into Japanese (for information purposes)


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




Cassis de Dijon


カシス・ドゥ・ディジョン


Spirits




GERMANY







Name to be protected


Transcription into Japanese (for information purposes)


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




Pfalz


ファルツ


Wine




IRELAND







Name to be protected


Transcription into Japanese (for information purposes)


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




Irish Poteen/Irish Poitín


アイリッシュポティーン/アイリッシュポッチーン


Spirits




SLOVENIA







Name to be protected


Transcription into Japanese (for information purposes)


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




Goriška Brda


ゴリシュカ・ブルダ


Wine




Štajerska Slovenija


シュタイエルスカ・スロヴェニア


Wine




SPAIN







Name to be protected


Transcription into Japanese (for information purposes)


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




Cariñena


カリニェナ


Wine









ANNEX 5







Name to be protected


Transcription into Latin alphabet (for information purposes)


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




北海道


Hokkaido


Wine




灘五郷


Nadagogo


Seishu (Sake)




はりま


Harima


Seishu (Sake)