REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the main findings of the participation of the Union in the Geneva Act, established in accordance with Article 16 of Regulation (EU) 2019/1753
Date: 2021-12-02
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: World Intellectual Property Organisation, consumer information, designation of origin, intellectual property, international agreement, labelling, product designation, third country

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   EUROPEAN COMMISSION  Brussels, 2.12.2021  COM(2021) 747 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the main findings of the participation of the Union in the Geneva Act, established in accordance with Article 16 of Regulation (EU) 2019/1753  
 
 
Report from the Commission to the European Parliament and the Council on the main 
findings of the participation of the Union in the Geneva Act, established in accordance with 
Article 16 of Regulation (EU) 2019/1753 

On 26 November 2019 the EU deposited the instrument of accession to the Geneva Act of the 
Lisbon Agreement on Appellations of Origin and Geographical Indications.   

On 26 February 2020 the EU became party to the Geneva Act. On the same day, in accordance 
with its Article 29(2), the Geneva Act entered into force, as the EU was the fifth eligible party to 
deposit the act of accession. 

(a) EU Geographical indication applications 

By the adoption of 4 Commission Implementing Decisions1, on the basis of the requests made by 
the  Member  States,  the  Commission  established  a  list  of  119  EU  Geographical  indications 
(intended  as  Protected  Designations  of  Origin,  Protected  Geographical  Indications  and 
Geographical  Indications)  to  be  made  the  subject  of  an  international  registration  under  the 
Geneva Act.  

On 22 June 2021 the Commission filed with the International Bureau of the World Intellectual 
Property  Organization  (‘the  International  Bureau’)  119  applications  for  the  international 
registration of the 119 Geographical Indications registered and protected under Union law which 
had been included in the lists established in the above mentioned Decisions. 

The procedures for the registration of the 119 EU Geographical Indications in the Register of the 
Geneva Act are still ongoing at the date this report is established. Therefore, it is not possible to 
report on the possible refusal of protection by a third country party of the Geneva Act. 

(b) Contracting parties to the Geneva Act 

1 Commission Implementing Decision of 2 June 2021 establishing a list of geographical indications protected under 
Regulation (EU) No 1308/2013 of the European Parliament and of the Council to be filed as applications for 
international registration pursuant to Article 2 of Regulation (EU) 2019/1753 of the European Parliament and of the 
Council (2021/C 215 I/04). It was published in the OJ C 215 I/17 of 7.6.2021. 
Commission Implementing Decision of 3 June 2021 establishing a list of geographical indications protected under 
Regulation (EU) 2019/787 of the European Parliament and of the Council to be filed as applications for international 
registration pursuant to Article 2 of Regulation (EU) 2019/1753 of the European Parliament and of the Council 
(2021/C 215 I/02). It was published in the OJ C 215 I/3 of 7.6.2021. 
Commission Implementing Decision of 3 June 2021 establishing a list of geographical indications protected under 
Regulation (EU) No 1151/2012 of the European Parliament and of the Council to be filed as applications for 
international registration pursuant to Article 2 of Regulation (EU) 2019/1753 of the European Parliament and of the 
Council (2021/C 219 I/02). It was published in the OJ C 219 I/3 of 9.6.2021. 
Commission Implementing Decision of 8 June 2021 establishing a list of geographical indications protected under 
Regulation (EU) No 251/2014 of the European Parliament and of the Council to be filed as applications for 
international registration pursuant to Article 2 of Regulation (EU) 2019/1753 of the European Parliament and of the 
Council (2021/C 219 I/04). It was published in the OJ C 219 I/9 of 9.6.2021.  

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The following countries and international organisations are parties to the Geneva Act to date: 

Albania, 

Cambodia, 

Democratic People’s Republic of Korea, 

European Union, 

France, 

Hungary, 

Lao People’s Democratic Republic, 

Oman, 

Samoa. 

The list  contains  six  non-EU  countries. This  number is expected to increase in  the  near future, 
notably  with  the  addition  of  Switzerland,  which  deposited  its  instrument  of  accession  on  31 
August 2021. 

EU  Delegations,  and  in  particular  the  Delegation  of  the  European  Union  to  the  UN  and  other 
international organisations in Geneva, are engaged in communicating the advantages of joining 
the Geneva Act to non-EU countries.  

The Commission, in negotiating bilateral agreements with third countries, constantly refers to the 
Geneva  Act  as  the  best  context  for  mutual  protection  of  geographical  indications.  It  also 
repeatedly  encourages,  in  all  relevant  contexts,  Member  States  to  promote  the  Geneva  Act  in 
third countries.  

When taking part in  conferences  and meetings  the Commission  regularly  indicates the Geneva 
Act as the best instrument to cover international protection of GI illustrating the advantages for 
third countries.  

The Geneva Act offers new members a modern multilateral instrument, which will enable them 
to take advantage of the significant benefits stemming from the unique features of the producers' 
territory  and  assist  them  in  valorising  these  features  in  the  form  of  marketable  products. 
Appellations  of  origin  and  geographical  indications  can  turn  producers  of  commodities  into 
exporters of high-quality agro-business and handicraft products. This has the potential to provide 
a significant incentive for growth and employment.  

The establishment of an international registration and protection system for appellations of origin 
and geographical indications will have positive effects for – particularly small and medium sized 
and  rural  –  producers  worldwide  in  obtaining  protection  for  their  designations  abroad  at 
affordable  costs.  Moreover,  it  can  be  a  boost  for  private  and  public  investment,  with  positive 

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effects  for 
diversification and job creation. 

the  economy,  sustainable  development, 

increased  competitiveness,  export 

Geographical  indications  are  powerful  instruments  for  retaining  added  value  in  local 
communities.  By  increasing  jobs  and  growth,  they  contribute  to  avoiding  rural  exodus.  The 
Geneva  Act  provides  sufficient  flexibility  for  Contracting  Parties,  notably  through  adequate 
safeguards  and  the  continuing  possibility  of  refusal  of  protection,  as  under  the  current  Lisbon 
Agreement,  to  accommodate  their  specific  domestic  legislative  choice  of  implementing 
protection of geographical indications. There is adequate scope for accommodating the needs of 
countries that have not opted for a sui generis protection of appellations of origin or geographical 
indications. 

As  regards  the  upcoming  legislative  initiative  concerning  EU  level  protection  for  geographical 
indications  for  handicraft  and  industrial  products,  the  normative  project  is  included  in  the  IP 
Action  Plan  published  on  25  November  2020.  The  Commission  launched  its  roadmap  for  the 
legislative  initiative  on  30  November  2020  and  in  general,  feedback  showed  support  from 
producers and most MS authorities. The Public Consultation was open for 12 weeks between 29 
April 2021 and 22 July 2021 via the EU Survey online system in 24 EU languages, and received 
182  responses  from  28  countries,  including  from  18  EU  Member  States.  A  vast  majority  of 
respondents  (92.3%)  see  the  need  for  an  EU-wide  initiative  to  improve  the  protection  of 
geographical  names  or  indications  for  non-agricultural  products.  Commission  adoption  is 
foreseen for first half 2022.  

(c) 

Non EU geographical indication applications rejected by the Union 

No applications for non-EU countries have been rejected. 

To  date,  only  one  name  of  Geographical  Indication  from  a  third  country  party,  related  to  an 
agricultural  product,  was  registered  under  the  Geneva  Act:  "ម្រេចកំពត"  /  "Kampot  Pepper", 
from Cambodia. The Commission is assessing that registration in the light of the criteria set out 
in Article 5 and 6 of Regulation (EU) 2019/1753 in order to take a decision on the protection of 
that name within the EU under the Geneva Act.  

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