Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 25 September 2019**
**(OR. en)**

**2018/0189 (COD)** **PE-CONS 74/19**

**PI 60**

**CODEC 775**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: 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

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**REGULATION (EU) 2019/…**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**of …**

**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 Committee **[1]**,

Acting in accordance with the ordinary legislative procedure **[2]**,

**1** OJ C 110, 22.3.2019, p. 55.
**2** Position of the European Parliament of 16 April 2019 (not yet published in the Official
Journal) and decision of the Council of ....

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Whereas:

(1) In order for the Union to be fully able to exercise its exclusive competence in relation to its

common commercial policy, and in full compliance with its commitments under the

Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the

World Trade Organization, it will become a Contracting Party to the Geneva Act of the

Lisbon Agreement on Appellations of Origin and Geographical Indications ('the Geneva

Act') pursuant to Council Decision (EU) …/… **[1+]** which also authorises Member States to

ratify the Geneva Act or accede to it in the interest of the Union. The contracting parties to

the Geneva Act are members of a Special Union created by the Lisbon Agreement for the

Protection of Appellations of Origin and their International Registration ('Special Union').

In accordance with Decision (EU) …/… **[++]**, the Union and the Member States that have

ratified the Geneva Act or acceded to it are to be represented by the Commission in the

Special Union as regards the Geneva Act.

**1** Council Decision (EU) …/… of … on the accession of the European Union to the Geneva
Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
(OJ L […], […], p. […]).
**+** OJ: Please insert in the text the number of the Decision contained in document ST 6929/19

and insert the number, date, title and OJ reference of that Decision in the footnote.
**++** OJ: Please insert in the text the number of the Decision contained in document ST 6929/19.

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(2) It is appropriate to lay down rules allowing the Union to exercise the rights and to fulfil the

obligations laid down in the Geneva Act, on its behalf and on behalf of the Member States

which ratify or accede to that Act.

(3) The Geneva Act protects appellations of origin, including designations of origin within the

meaning of Regulations (EU) No 1151/2012 **[1]** and (EU) No 1308/2013 **[2]** of the European

Parliament and of the Council, as well as geographical indications within the meaning of

Regulations (EU) No 1151/2012, (EU) No 1308/2013, (EU) No 251/2014 **[3]** and

(EU) 2019/787 **[4]** of the European Parliament and of the Council, which are together referred

to as 'geographical indications' in this Regulation.

**1** 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).
**2** 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).
**3** 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).
**4** 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).

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(4) Upon the accession of the Union to the Geneva Act and thereafter on a regular basis, the

Commission should file with the International Bureau of the World Intellectual Property

Organization ('the International Bureau') applications for the international registration of

geographical indications originating and protected in the territory of the Union in the

register of the International Bureau ('the International Register'). Such applications should

be based on notifications from Member States that act on their own initiative or at the

request of a natural person or legal entity as referred to in point (ii) of Article 5(2) of the

Geneva Act or of a beneficiary as defined in point (xvii) of Article 1 thereof. When

preparing the notifications, Member States should consider the economic interest in

international protection of the geographical indications concerned and take into account, in

particular, the production value and the export value, protection under other agreements, as

well as current or potential misuse in third countries.

(5) The registration of geographical indications in the International Register should serve the

purposes of providing quality products, fair competition and consumer protection. Given

their significant cultural and economic value, the registration of geographical indications

should be assessed with respect to the value created for local communities, with a view to

supporting rural development and promoting new job opportunities in production,

processing and other related services.

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(6) In order to establish an ongoing dialogue with relevant stakeholders, the Commission

should use existing mechanisms to consult Member States, trade associations and Union

producers regularly.

(7) Appropriate procedures should be established for the Commission to assess geographical

indications originating in the Contracting Parties to the Geneva Act that are not

Member States ('third Contracting Parties'), and registered in the International Register, in

order to take decisions with regard to protection in the Union and to invalidate such

protection, where relevant.

(8) Enforcement by the Union of the protection of geographical indications that originate in

third Contracting Parties and that are registered in the International Register should be

carried out in accordance with Chapter III of the Geneva Act, in particular with Article 14

thereof, which requires each Contracting Party to make effective legal remedies available

for the protection of registered geographical indications and provide that legal proceedings

for ensuring protection of such indications can be brought by a public authority or by any

interested party, whether a natural person or a legal entity, whether public or private, in

accordance with that Contracting Party's legal system and practice.

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(9) With a view to ensuring the protection of Union, regional and national 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 trade marks

and geographical indications registered in the International Register which are granted

protection or used in the Union should be safeguarded.

(10) Given the exclusive competence of the Union in relation to the common commercial

policy, Member States which are not already party to the Lisbon Agreement for the

Protection of Appellations of Origin and their International Registration of 1958 as revised

at Stockholm on July 14, 1967 and amended on September 28, 1979 ('the Lisbon

Agreement'), should not ratify or accede to that Agreement.

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(11) The Member States which are already party to the Lisbon Agreement should be allowed to

remain as such, in particular to ensure the continuity of rights granted under, and the

fulfilment of obligations laid down in, that agreement. However, they should act solely in

the interest of the Union and in full respect of the exclusive competence of the Union.

Those Member States should therefore exercise their rights and obligations under the

Lisbon Agreement in full compliance with the authorisation granted by the Union pursuant

to this Regulation. In order to respect the uniform protection system for geographical

indications established in the Union as regards agricultural products and in order to further

enhance the harmonisation within the internal market, those Member States should not

register under the Lisbon Agreement any new appellations of origin for products falling

within the scope of Regulation (EU) No 1151/2012, (EU) No 1308/2013, (EU)

No 251/2014 or (EU) 2019/787.

(12) The Member States which are already party to the Lisbon Agreement have registered

appellations of origin under the Lisbon Agreement. Transitional arrangements should be

provided for so as to make continued protection of those appellations of origin possible,

subject to the requirements of that agreement, the Geneva Act and Union law.

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(13) The Member States which are already party to the Lisbon Agreement protect appellations

of origin of third parties to that agreement. In order to provide them with the means to

fulfil their international obligations assumed before the accession of the Union to the

Geneva Act, a transitional arrangement, which should produce effects at national level only

and have no effect on intra-Union or international trade, should be provided for.

(14) It is appropriate that the fees to be paid under the Geneva Act and the Common

Regulations under the Lisbon Agreement and the Geneva Act of the Lisbon Agreement

(the 'Common Regulations') 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, by a

natural person or legal entity as referred to in point (ii) of Article 5(2) of the Geneva Act or

by a beneficiary as defined in point (xvii) of Article 1 thereof. Member States should have

the option to require that natural person, legal entity or beneficiary to pay some or all of the

fees.

(15) In order to defray any shortfall in relation to the operating budget of the Special Union, the

Union should be able to provide, within the means available for this purpose in the annual

budget of the Union, for a special contribution as decided by the Assembly of the Special

Union pursuant to Article 24(4) of the Geneva Act, given the economic and cultural value

of geographical indications protection.

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(16) In order to ensure uniform conditions for the implementation of the Union's membership of

the Special Union, implementing powers should be conferred on the Commission to

establish a list of geographical indications to be included in the application to be filed for

their international registration with the International Bureau upon accession to the Geneva

Act and for any subsequent filing of an application, to reject an opposition, to decide

whether to grant protection of a geographical indication registered in the International

Register, to withdraw the refusal of the effects of an international registration, to request

the cancellation of an international registration, to notify the invalidation of the protection

in the Union of a geographical indication registered in the International Register, as well as

to authorise Member States to provide for any necessary modifications in respect of the

appellation of origin for a product which is protected under Regulation (EU)

No 1151/2012, (EU) No 1308/2013, (EU) No 251/2014 or (EU) 2019/787 and to notify the

International Bureau thereof. Those powers should be exercised in accordance with

Regulation (EU) No 182/2011 of the European Parliament and of the Council **[1]** .

**1** 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).

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(17) In accordance with the principle of proportionality, it is necessary and appropriate for the

achievement of the basic objective of enabling the Union to participate in the Special

Union in a way which will ensure efficient protection of EU geographical indications at

international level, to lay down rules and procedures concerning actions of the Union

following its accession to the Geneva Act. This Regulation does not go beyond what is

necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the

Treaty on European Union.

(18) It is important to ensure that the Commission monitors and evaluates the participation of

the Union in the Geneva Act over time. In order to conduct such an evaluation, the

Commission should, inter alia, take into account the number of geographical indications

protected and registered under Union law for which applications for international

registration have been submitted, cases where protection has been rejected by

third Contracting Parties, the evolution of the number of third countries participating in the

Geneva Act, the action taken by the Commission to increase that number, as well as the

impact of the current state of Union law as regards geographical indications on the

attractiveness of the Geneva Act to third countries, and the number and type of

geographical indications that originate from third Contracting Parties and that have been

rejected by the Union,

HAVE ADOPTED THIS REGULATION:

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_Article 1_

_Subject matter_

1. This Regulation establishes rules and procedures concerning actions of the Union

following its accession to the Geneva Act of the Lisbon Agreement on Appellations of

Origin and Geographical Indications ('the Geneva Act').

2. For the purpose of this Regulation, the term 'geographical indications' covers appellations

of origin within the meaning of the Geneva Act, including designations of origin within the

meaning of Regulations (EU) No 1151/2012 and (EU) No 1308/2013, as well as

geographical indications within the meaning of Regulations (EU) No 1151/2012, (EU)

No 1308/2013, (EU) No 251/2014 and (EU) 2019/787.

_Article 2_

_International registration of geographical indications_

1. Upon the accession of the Union to the Geneva Act and thereafter on a regular basis, the

Commission shall, in its capacity as Competent Authority within the meaning of Article 3

of the Geneva Act, file 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 with the International

Bureau of the World Intellectual Property Organization ('the International Bureau').

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2. For the purpose of paragraph 1, Member States may request the Commission to register in

the International Register geographical indications that originate in their territory and that

are protected and registered under Union law. Such requests shall be based on:

(a) a request by a natural person or legal entity as referred to in point (ii) of Article 5(2)

of the Geneva Act or by a beneficiary as defined in point (xvii) of Article 1 of the

Geneva Act, or

(b) their own initiative.

3. On the basis of such requests, the Commission shall adopt implementing acts listing the

geographical indications referred to in paragraph 1 of this Article. Those implementing

acts shall be adopted in accordance with the examination procedure referred to in

Article 15(2).

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_Article 3_

_Cancellation of a geographical indication that originates in a Member State_

_and is registered in the International Register_

1. The Commission shall adopt an implementing act in order to request the International

Bureau to cancel a registration in the International Register of a geographical indication

originating in a Member State in any of the following circumstances:

(a) the geographical indication is no longer protected in the Union;

(b) at the request of the Member State in which the geographical indication originates,

based on:

(i) a request by a natural person or legal entity as referred to in point (ii) of

Article 5(2) of the Geneva Act or by a beneficiary as defined in point (xvii) of

Article 1 of the Geneva Act; or

(ii) its own initiative.

2. The implementing act referred to in paragraph 1 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 15(2).

3. The Commission shall, without delay, notify the International Bureau of the request for

cancellation.

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_Article 4_

_Publication of third country geographical indications_

_registered in the International Register_

1. The Commission shall publish any international registration notified by the International

Bureau pursuant to Article 6(4) of the Geneva Act, that:

(a) concerns geographical indications registered in the International Register in respect

of which the Contracting Party of Origin, as defined under point (xv) of Article 1 of

the Geneva Act, is not a Member State; and

(b) relates to a product in respect of which protection at Union level of geographical

indications is provided.

2. The international registration referred to in paragraph 1 shall be published in the C series

of the _Official Journal of the European Union_ . The publication shall include a reference to

the product type and country of origin.

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_Article 5_

_Assessment of third country geographical indications_

_registered in the International Register_

1. The Commission shall assess any international registration 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 point (xv) of Article 1 of the Geneva Act, is not a Member State,

in order to determine whether it includes the mandatory contents laid down in Rule 5(2) of

the Common Regulations under the Lisbon Agreement and the Geneva Act (the 'Common

Regulations'), and the particulars concerning the quality, reputation or characteristics as

laid down in Rule 5(3) of the Common Regulations, and to verify whether the publication

referred to in Article 4 relates to a product in respect of which protection at Union level of

geographical indications is provided.

2. The assessment referred to in paragraph 1 shall be carried out within four months from the

date of the registration of the geographical indication in the International Register and shall

not include an assessment of other specific Union provisions relating to the placing of

products on the market and, in particular, to sanitary and phytosanitary standards,

marketing standards or food labelling.

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_Article 6_

_Opposition procedure for third country geographical indications_

_registered in the International Register_

1. Within four months from the date of publication of the international registration in

accordance with Article 4, the authorities of a Member State or of a third country other

than the Contracting Party of Origin as defined under point (xv) of Article 1 of the Geneva

Act, 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.

The opposition shall be in one of the official languages of the institutions of the Union.

2. The opposition referred to in paragraph 1 of this Article shall be admissible only if it is

lodged within the time limit set out in paragraph 1 of this Article and if it is based upon

one or more of the following grounds:

(a) 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;

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(b) the geographical indication registered in the International Register is wholly or

partially homonymous with a geographical indication already protected in the Union

and there is insufficient 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;

(c) the protection in the Union of the geographical indication registered in the

International Register would infringe a prior trade mark right at Union, regional or

national level;

(d) the protection in the Union of the third country geographical indication would

jeopardise the use of an entirely or partly identical name or the exclusive nature of a

trade mark at Union, regional, or national level or the existence of products which

have been legally placed on the market for at least five years preceding the date of

the publication of the international registration in accordance with Article 4;

(e) the geographical indication registered in the International Register relates to a

product in respect of which protection at Union level of geographical indications is

not provided;

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(f) the name for which registration is requested is a generic term in the territory of the

Union;

(g) the conditions referred to in points (i) and (ii) of Article 2(1) of the Geneva Act are

not complied with;

(h) the geographical indication registered in the International Register is a homonymous

name which misleads the consumer into believing that products come from another

territory, even if the name is accurate as far as the actual territory, region or place of

origin of the products in question is concerned.

3. The grounds for opposition set out in paragraph 2 shall be assessed by the Commission in

relation to the territory of the Union or part thereof.

_Article 7_

_Decision on protection in the Union of third country geographical indications_

_registered in the International Register_

1. Where, based on the assessment carried out pursuant to Article 5, the conditions laid down

in that Article are fulfilled and no opposition or no admissible opposition has been

received, the Commission shall, as appropriate, by means of an implementing act, reject

any inadmissible opposition and decide to grant protection of the geographical indication.

That implementing act shall be adopted in accordance with the examination procedure

referred to in Article 15(2).

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2. Where, based on the assessment carried out pursuant to Article 5, the conditions laid down

in that Article are not fulfilled or an admissible opposition as set out in Article 6(2) has

been received, the Commission shall, by means of an implementing act, decide whether to

grant protection of a geographical indication registered in the International Register. That

implementing act shall be adopted in accordance with the examination procedure referred

to in Article 15(2). In respect of geographical indications covering products not falling

within the competence of the committees provided in Article 15(1), the decision whether to

grant protection shall be adopted by the Commission.

3. The decision to grant protection of a geographical indication in accordance with

paragraph 1 or 2 of this Article 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.

4. 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, or, in the cases

referred to in the first paragraph of Article 5 of Decision (EU) …/… **[+]**, within two years

from the receipt of that notification.

**+** OJ: Please insert in the text the number of the Decision contained in document ST 6929/19.

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5. 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,

withdraw, in whole or in part, by means of an implementing act, a refusal previously

notified to the International Bureau. That implementing act shall be adopted in accordance

with the examination procedure referred to in Article 15(2).

The Commission shall notify the International Bureau of such withdrawal without delay.

_Article 8_

_Use of geographical indications_

1. The implementing acts adopted by the Commission pursuant to Article 7 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 agricultural markets, sanitary

and phytosanitary standards, and food labelling.

2. Subject to paragraph 1, geographical indications protected pursuant to this Regulation may

be used by any operator marketing a product in accordance with the international

registration of those geographical indications.

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_Article 9_

_Invalidation of effects in the Union of a third country geographical indication_

_registered in the International Register_

1. 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,

invalidate, in whole or in part, by means of an implementing act, the effects of protection

in the Union of a geographical indication, in one or more of the following circumstances:

(a) the geographical indication is no longer protected in the Contracting Party of Origin;

(b) the geographical indication is no longer registered in the International Register;

(c) compliance with the mandatory contents 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 the Common Regulations is no longer

ensured.

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2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 15(2) and only after the

natural persons or legal entities as referred to in point (ii) of Article 5(2) of the Geneva Act

or the beneficiaries as defined in point (xvii) of Article 1 of the Geneva Act have been

given an opportunity to defend their rights.

3. Where the invalidation is no longer subject to appeal, 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 in accordance with

point (a) or (c) of paragraph 1.

_Article 10_

_Relationship with trade marks_

1. The protection of a geographical indication shall not prejudice the validity of a prior trade

mark at Union, regional or national level applied for or registered in good faith, or acquired

through use in good faith in the territory of a Member State, regional union of

Member States or the Union.

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2. 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 that geographical indication in the

territory of the Union would be liable to mislead the consumer as to the true identity of the

product.

3. Without prejudice to paragraph 2, a trade mark which has been applied for or registered in

good faith, or acquired through use, if that possibility is provided for by the applicable law,

in good faith within the territory of a Member State, regional union of Member States, or

the Union, before the date on which the International Bureau has notified the Commission

of the publication of the International Registration of the geographical indication, and the

use of which would contravene the protection of the geographical indication, may continue

to be used and renewed for the product concerned notwithstanding the protection of the

geographical indication, provided that no grounds for invalidity or revocation exist under

Regulation (EU) 2017/1001 of the European Parliament and of the Council **[1]** or under

Directive (EU) 2015/2436 of the European Parliament and the Council **[2]** . In such cases,

both the use of the geographical indication and the use of the trade mark concerned shall be

permitted.

**1** 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, 16.6.2017, p. 1).
**2** Directive (EU) 2015/2436 of the European Parliament and the Council of
16 December 2015 to approximate the laws of the Member States relating to trade marks
(OJ L 336, 23.12.2015, p. 1).

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_Article 11_

_Transitional provisions for appellations of origin originating in Member States_

_already registered under the Lisbon Agreement_

1. In respect of each appellation of origin originating in a Member State which is party to the

Lisbon Agreement, for a product that is protected under one of the Regulations referred to

in Article 1 of this Regulation, the Member State concerned shall, on the basis of a request

by a natural person or legal entity as referred to in point (ii) of Article 5(2) of the Geneva

Act or a beneficiary as defined in point (xvii) of Article 1 of the Geneva Act, or on its own

initiative, choose to request either:

(a) the international registration of that appellation of origin under the Geneva Act, if the

Member State concerned has ratified or acceded to the Geneva Act pursuant to the

authorisation referred to in Article 3 of Decision (EU) …/… **[+]**, or

(b) the cancellation of the registration of that appellation of origin in the International

Register.

The Member State concerned shall notify the Commission of the choice referred to in the

first subparagraph by … [three years from the date of the entry into force of this

Regulation].

**+** OJ: Please insert in the text the number of the Decision contained in document ST 6929/19.

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In the situations referred to in point (a) of the first subparagraph, the Member State

concerned shall, in coordination with the Commission, verify with the International Bureau

whether there are any modifications to be made under Rule 7 (4) of the Common

Regulations for the purpose of registration under the Geneva Act.

The Commission shall, by means of an implementing act, authorise the Member State

concerned to provide for the necessary modifications and to notify the International

Bureau. That implementing act shall be adopted in accordance with the examination

procedure referred to in Article 15(2).

2. In respect of each appellation of origin originating in a Member State which is party to the

Lisbon Agreement, for a product falling within the scope of one of the Regulations referred

to in Article 1(2) of this Regulation, but not protected under any of those Regulations, the

Member State concerned shall, on the basis of a request by a natural person or legal entity

referred to in point (ii) of Article 5(2) of the Geneva Act or a beneficiary as defined in

point (xvii) of Article 1 of the Geneva Act, or on its own initiative, choose to request

either:

(a) the registration of that appellation of origin under the Regulation concerned, or

(b) the cancellation of the registration of that appellation of origin in the International

Register.

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The Member State concerned shall notify the Commission of the choice referred to in the

first subparagraph, and lodge the respective request, by … [three years from the date of the

entry into force of this Regulation].

In the situations referred to in point (a) of the first subparagraph, the Member State

concerned shall request the international registration of that appellation of origin under the

Geneva Act, if that Member State has ratified or acceded to the Geneva Act pursuant to the

authorisation referred to in Article 3 of Decision (EU) .…/…. **[+]**, within one year from the

date of registration of the geographical indication under the applicable Regulation. The

third and fourth subparagraphs of paragraph 1 shall apply.

If the request for registration under the applicable Regulation is refused and related

administrative and judicial remedies have been exhausted, or if the request for registration

under the Geneva Act has not been made pursuant to the third subparagraph of this

paragraph, the Member State concerned shall, without delay, request the cancellation of the

registration of that appellation of origin in the International Register.

**+** OJ: Please insert in the text the number of the Decision contained in document ST 6929/19.

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3. In respect of appellations of origin for products not falling within the scope of one of the

Regulations referred to in Article 1(2) of this Regulation, in respect of which protection at

Union level of geographical indications is not provided, a Member State which is already

party to the Lisbon Agreement may maintain any existing registration in the International

Register.

Such a Member State may also submit further applications for registration in the

International Register under the Lisbon Agreement of such appellations of origin

originating in its territory if the following conditions are met:

(a) the Member State concerned notified the Commission of the draft application for

registration of such appellations of origin; such notification shall include evidence

that the application satisfies the requirements for registration under the Lisbon

Agreement; and

(b) the Commission has not issued a negative opinion within two months of such

notification; a negative opinion may only be issued after consultation with the

Member State concerned, and in the exceptional and duly justified cases where the

evidence required under point (a) does not sufficiently substantiate that the

requirements for registration under the Lisbon Agreement are met, or if the

registration would have an adverse impact on the Union trade policy.

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In the case of a request for further information from the Commission on the notification

made under point (a) of the second subparagraph, the deadline for the Commission to act

shall be one month from the receipt of the information requested.

The Commission shall immediately inform the other Member States about any notification

made under point (a) of the second subparagraph.

_Article 12_

_Transitional protection for appellations of origin originating in a third country_

_registered under the Lisbon Agreement_

1. The Member States which were party to the Lisbon Agreement before the accession of the

Union to the Geneva Act may continue to protect appellations of origin originating in a

third country which is party to the Lisbon Agreement 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 appellations of origin registered by that date under the Lisbon

Agreement.

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2. The protection referred to in paragraph 1 shall:

(a) be superseded by protection under the Union protection system for a particular

appellation of origin if it is provided by a decision taken under Article 7 of this

Regulation subsequent to the accession of the third country concerned to the Geneva

Act, on condition that the protection provided by a decision taken under Article 7 of

this Regulation preserves the continuity of protection of the respective appellation of

origin in the respective Member State;

(b) cease for a particular appellation of origin when the effects of international

registration end.

3. Where an appellation of origin originating in a third country is not registered under this

Regulation, or the national protection is not superseded in accordance with point (a) of

paragraph 2, the consequences of such national protection shall be the sole responsibility of

the Member State concerned.

4. The measures taken by Member States under paragraph 1 shall have effects at national

level only, and they shall have no effect on intra-Union or international trade.

5. The Member States referred to in paragraph 1 shall transmit to the Commission any

notification made by the International Bureau under the Lisbon Agreement. The

Commission shall then transmit that notification to all other Member States.

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6. The Member States referred to in paragraph 1 of this Article shall declare to the

International Bureau that they cannot ensure national protection of an appellation of origin

for a product falling within the scope of one of the Regulations referred to in Article 1(2)

of this Regulation, registered and notified to them under the Lisbon Agreement from the

date on which the Union becomes a Contracting Party to the Geneva Act.

_Article 13_

_Fees_

Fees to be paid under Article 7 of the Geneva Act, as specified in the Common Regulations, shall be

borne by the Member State in which the geographical indication originates, or by a natural person

or legal entity as referred to in point (ii) of Article 5(2) of the Geneva Act or by a beneficiary as

defined in point (xvii) of Article 1 of the Geneva Act. Member States may require that natural

person or legal entity or a beneficiary pay some or all of the fees.

_Article 14_

_Special financial contribution_

If the income from the Special Union is derived in accordance with point (v) of Article 24(2) 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.

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_Article 15_

_Committee 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) 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;

(b) for aromatised wine products as defined in Article 3 of Regulation (EU)

No 251/2014, by the Committee on aromatised wine products established by

Article 34 of that Regulation;

(c) for spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the

European Parliament and of the Council **[1]**, by the Committee for Spirit Drinks

referred to in Article 47 of Regulation (EU) 2019/787;

**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), partly in force until 24 May 2021.

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(d) for agricultural products and foodstuffs 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 16_

_Monitoring and review_

By … [two years from the date of the entry into force of this Regulation], the Commission shall

assess the participation of the Union in the Geneva Act and submit a report on the main findings to

the European Parliament and to the Council. The assessment shall be based, inter alia, on the

following aspects:

(a) the number of geographical indications which are protected and registered under Union

law and for which applications for international registration have been submitted, and the

cases in which the protection was rejected by third Contracting Parties;

(b) the evolution in the number of third countries participating in the Geneva Act and the

action taken by the Commission to increase that number, as well as the impact of the

current state of Union law as regards geographical indications on the attractiveness of the

Geneva Act to third countries; and

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(c) the number and type of third country geographical indications which have been rejected by

the Union.

_Article 17_

_Entry into force_

This Regulation shall enter into force on the twentieth day following that of its publication in the

_Official Journal of the European Union_ .

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

Done at …,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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