Proposal for a COUNCIL DECISION amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Date: 2022-11-17
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: World Intellectual Property Organisation, accession to an agreement, consumer information, designation of origin, intellectual property, labelling, multilateral agreement, product designation, third country

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   EUROPEAN COMMISSION  Brussels, 17.11.2022  COM(2022) 593 final 2022/0372 (NLE)  Proposal for a COUNCIL DECISION amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Reasons for and objectives of the proposal 

The Lisbon Agreement of 1958 for the Protection of Appellations of Origin and their 
International Registration is a treaty administered by the World Intellectual Property 
Organization (WIPO). It is open to parties to the Paris Convention for the Protection 
of Industrial Property. Its contracting parties are obliged to protect on their territories 
the appellations of origin of products of the other contracting parties recognised and 
protected as such in the country of origin and registered at the International Bureau 
of WIPO, unless they declare within 1 year from the request for registration that they 
cannot ensure protection.  

The Lisbon Agreement was reviewed from 2009 to 2015. The aim was to (i) refine 
its current framework; (ii) include provisions that specify that the Lisbon system also 
applies to geographical indications (GIs); and (iii) include the possibility of accession 
by intergovernmental organisations such as the EU.  

On  7  May  2015,  the  Council  adopted  a  Decision  authorising  the  European 
Commission to participate in the WIPO Diplomatic Conference held in Geneva from 
11  to  21  May  2015.  The  conference  adopted  the  Geneva  Act  of  the  Lisbon 
Agreement on Appellations of Origin and Geographical Indications (hereinafter ‘the 
Geneva Act’) on 20 May 2015. Having regard to the ruling of the Court of Justice of 
the  European  Union  of  25  October  2017  in  case  C-389/15,  this  Decision  was 
replaced  by  Council  Decision  (EU)  2018/416  of  5  March  2018.  It  authorised  the 
opening  of  negotiations  for  a  revised  Lisbon  Agreement  on  Appellations  of  Origin 
and Geographical Indications. 

On  26  November  2019,  the  European  Union  acceded  to  the  Geneva  Act,  with  the 
accession  entering  into  force  on  26  February  2020.  The  Geneva  Act  itself  entered 
into force on 26 February 2020. 

Some key provisions on EU  accession to the Geneva Act  are laid down in Council 
Decision  (EU)  2019/1754.  In  particular,  Article  4(1)  states  that  the  Commission 
‘shall  be  designated  as  the  Competent  Authority  referred  to  in  Article  3  of  the 
Geneva Act, responsible for the administration of the Geneva Act in the territory of 
the  Union  and  for  communications  with  the  International  Bureau  of  Intellectual 
Property of the WIPO under the Geneva Act and the Common Regulations under the 
Lisbon Agreement and the Geneva Act of the Lisbon Agreement.’ 

On  13  April  2022,  the  Commission  adopted  a  proposal  for  a  Regulation  of  the 
European  Parliament  and  of  the  Council  on  geographical  indication  protection  for 
craft  and  industrial  products  and  amending  Regulations  (EU)  2007/1001  and  (EU) 
2019/1753  of  the  European  Parliament  and  of  the  Council  and  Council  Decision 
(EU) 2019/1754 (COM(2022) 174 final  – hereinafter referred to as the proposal on 
the protection of CI GIs Regulation. 

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Article 59 of the proposal on the protection of CI GIs Regulation aims at amending 
Council  Decision  (EU)  2019/1754.  The  amendment  aims  to  establish the  European 
Intellectual Property Office (EUIPO) as the Competent Authority under the Geneva 
Act of WIPO’s Lisbon Agreement in respect of CI GIs. This has no bearing on the 
Commission  being  the  Competent  Authority  under  the  Geneva  Act  in  respect  of 
agricultural and food products protected by the EU geographical indication schemes. 
In  a similar vein,  Article 60 of the  proposal  on the protection of CI GIs  introduces 
amendments to Regulation (EU) 2019/1753 on the action of the Union following its 
accession  to  the  Geneva  Act.  In  this  regard,  and  in  line  with  the  amendments 
proposed in Article 59, Article 60 proposes amending Regulation 2019/1753 so that 
the  EUIPO  is  recognised  as  the  Competent  Authority  under  the  Geneva  Act  in 
respect of international registrations related to geographical indications for craft and 
industrial (CI) products.  

However,  during  the  Council  negotiations,  procedural  concerns  emerged  about 
Article 59 of the proposal on CI GIs. Article 59 intends to amend Council Decision 
(EU)  2019/1754,  which  is  based  on  Articles  207  and  218(6)  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (TFEU)  and  has  therefore  a  different  adoption 
procedure  laid  down  in  the  TFEU  than  the  one  applicable  for  the  Commission 
proposal on the protection of CI GIs Regulation based on Articles 118(1) and 207(2) 
TFEU. In this regard, it appears more appropriate to carry out such an amendment by 
means  of  a  stand-alone  Commission  proposal  for  a  Council  Decision  amending 
Council Decision 2019/1754, instead of including such a modification as an Article 
in the Commission proposal on the protection of CI GIs Regulation. 

This Commission proposal for a Council Decision therefore intends to amend Article 
4(1) of Council Decision (EU) 2019/1754 to  establish the EUIPO as the  competent 
authority under the  Geneva Act  in  respect  of  geographical  indications for craft and 
industrial products.  

This  proposal  replaces  Article  59  of  the  proposal  on  the  protection  of  CI  GIs 
Regulation. 

1.2. 

Consistency with existing policy provisions in the policy area 

The  proposal  establishes  the  connection  between  the  EU  geographical  indication 
protection  system  for  craft  and  industrial  products  and  the  Lisbon  system  for  the 
international  registration  of  appellations  of  origin  and  geographical  indications.  It 
does this by proposing an amendment to Council Decision (EU) 2019/1754. 

1.3. 

Consistency with other Union policies 

EU  membership  of  the  Geneva  Act  is  consistent  with  the  EU’s  general  policy  to 
promote  and  improve  the  protection  of  geographical  indications  through  bilateral, 
regional and multilateral agreements.  

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2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

2.1. 

Legal basis 

Considering the subject matter of the Treaty, the Council  Decision should be based 
on Articles 207 and 218(6)(a)(v) TFEU. 

2.2. 

Subsidiarity (for non-exclusive competence)  

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

2.3. 

Proportionality 

Given  the  exclusive  nature  of  the  EU’s  commercial  policy,  including  commercial 
aspects  of  intellectual  property,  EU  Member  States  are  not  supposed  to  have  GI 
protection  systems  of  their  own  or  themselves  protect  agricultural  GIs  of  third 
country members of the Lisbon system. In order for the EU to properly exercise its 
exclusive competence for craft and industrial geographical indications in the Lisbon 
system, it should establish the EUIPO as the competent authority under Article 3 of 
the Geneva Act, in accordance with the administration at EU level of the registration 
system envisaged in the proposal on the protection of CI GIs Regulation. This would 
ensure coherence with the amendments proposed in Article 60 of the proposal on the 
protection  of  CI  GIs  Regulation  to  Regulation  (EU)  2019/1753  of  the  European 
Parliament and of the Council on the action of the Union following its accession to 
the  Geneva  Act.  In  particular,  Article  60  envisages  that  the  EUIPO  is  in  charge  of 
administering the EU-level stage of the registration of CI GIs, and that it also plays 
the  role  of  competent  authority  under  the  Geneva  Act  in  respect  of  international 
registrations to protect geographical indications for craft and industrial products.  

2.4. 

Choice of the instrument 

A Council Decision on the amendment  of Council Decision (EU) 2019/1754 is  the 
appropriate  legal  instrument,  having  regard  to  Article  28  (Becoming  Party  to  This 
Act)  of  the  Geneva  Act.  Considering  the  subject  matter  of  the  Treaty,  the  Council 
Decision should be based on Articles 207 and 218(6) TFEU. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

EX 

OF 

STAKEHOLDER 

3.1. 

Ex post evaluations/fitness checks of existing legislation 

Not applicable.  The  assessment  has already been  completed as  part  of the  proposal 
on  the  protection  of  CI  GIs  Regulation  (SWD(2022)  115  final,  impact  asessment 
report on geographical indication protection for craft and industrial products). 

3.2. 

Stakeholder consultations 

Stakeholder consultations on the proposal on the protection of CI GIs Regulation and 
in particular more detailed feedback received from the 2021 public consultation has 
shown  that  the  most  preferred  policy  option  according  to  most  respondents  is  a 

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specific system establishing an EU title to protect GIs for CI products. Such a system 
has several features that are particular to the new EU GI scheme, as compared to the 
existing EU GI schemes for agricultural products. 

3.3. 

Collection and use of expertise 

In  preparing  the  proposal  on  the  protection  of  CI  GIs  Regulation,  the  Commission 
relied  on  technical  cooperation  with  the  EUIPO.  It  focused  on  various  process 
models  to  enable  a  sound  assessment  of  sub-options  on  the  EU  body  in  charge  of 
registering CI GIs and of handling international applications under the Geneva Act, 
as well as the role of national authorities in the registration procedure. The outcome 
of such cooperation, based on the EUIPO’s contribution, is in Annex 9 of the impact 
assessment  relating  to  the  proposal  on  the  protection  of  CI  GIs  Regulation 
(SWD(2022)  115  final,  impact  assessment  report  on  geographical  indication 
protection for craft and industrial products). 

3.4. 

Impact assessment 

See  SWD(2022)  115  final,  impact  assessment  report  on  geographical  indication 
protection for craft and industrial products accompanying the document proposal on 
the protection of CI GIs Regulation. 

3.5. 

Regulatory fitness and simplification 

Not applicable. 

3.6. 

Fundamental rights 

EU membership of the Geneva Act contributes to the fulfilment of Article 17(2) of 
the  Charter  of  Fundamental  Rights  of  the  European  Union,  which  provides  that 
intellectual property must be protected. 

4. 

BUDGETARY IMPLICATIONS 

Not applicable. 

5. 

OTHER ELEMENTS 

5.1. 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

5.2. 

Explanatory documents (for directives) 

Not applicable. 

5.3. 

Detailed explanation of the specific provisions of the proposal 

Not applicable. 

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2022/0372 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Decision (EU) 2019/1754 on the accession of the European Union to the 
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical 
Indications 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 in conjunction with Article 218(6), point (a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament,  

Whereas: 

(1) 

(2) 

On 26 November 2019, the European Union acceded to the Geneva Act of the Lisbon 
Agreement on Appellations of Origin and Geographical Indications1 (the Geneva Act), 
its accession entering into force on 26 February, 2020. The Geneva Act itself entered 
into force on 26 February, 2020. 

Under Article 4(1) of Council Decision (EU) 2019/17542, the Commission is to be the 
Competent Authority as referred to in Article 3 of the Geneva Act, responsible for the 
administration of the Geneva Act in the territory of the Union and for communications 
with  the  International  Bureau  of  Intellectual  Property  of  the  World  Intellectual 
Property Organization under the Geneva Act, as well as and the Common Regulations 
under the Lisbon Agreement and the Geneva Act of the Lisbon Agreement. 

(3)  With  a  view  to  the  administration  at  Union  level  of  the  registration  of  geographical 
indications for craft and industrial products provided for in Regulation (EU) 2022/… 
of  the  European  Parliament  and  of  the  Council  of  …  concerning  geographical 
indication protection for craft and industrial products, and in line with the amendments 
introduced  by  that  Regulation  to  Regulation  (EU)  2019/1753  of  the  European 
Parliament and of the Council3, the European Intellectual Property Office should play 

Geneva  Act  of  the  Lisbon  Agreement  on  Appellations  of  Origin  and  Geographical  Indications  (OJ  L 

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271, 24.10. 2019, p. 15). 
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Council  Decision  (EU)  2019/1754 of  7  October  2019  on  the  accession  of  the  European  Union  to  the 
Geneva  Act  of  the  Lisbon  Agreement  on  Appellations  of  Origin  and  Geographical  Indications  (OJ  L  271, 
24.10.2019, p. 12). 
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Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the 
action  of  the  Union  following  its  accession  to  the  Geneva  Act  of  the  Lisbon  Agreement  on  Appellations  of 
Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1). 

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the role of the Union’s Competent Authority in respect of geographical indications for 
craft and industrial products under the Geneva Act, 

HAS ADOPTED THIS DECISION:  

Article 1 

In Article 4(1) of Council Decision (EU) 2019/1754, the following subparagraph is added: 
“In  respect  of  geographical  indications  protecting  craft  and  industrial  products  within  the 
meaning  of  Regulation  (EU)  2022/…  of  the  European  Parliament  and  of  the  Council4  ,  the 
European Intellectual Property Office shall be designated as the Competent Authority referred 
to in Article 3 of the Geneva Act, and be responsible for the administration of the Geneva Act 
in the territory of the Union and for notifications and communications with the International 
Bureau of the WIPO under the Geneva Act and the Common Regulations.” 

Article 2 

This Decision shall enter into force on the twentieth day following that of the publication of 
Regulation 2022/… in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
… 
The President 

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indication protection for craft and industrial products (OJ …) 

Regulation (EU) 2022/… of the European Parliament and of the Council of … concerning geographical 

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