Commission Decision (EU) 2023/1313 of 22 June 2023 approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership

Commission Decision (EU) 2023/1313 of 22 June 2023 approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership 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 OJ L 330, 27.12.2018, p. 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) Within the framework of the Committee on Intellectual Property, the European Union and Japan (hereinafter referred to as 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 geographical indications (hereinafter referred to as GIs) and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically. In accordance with Article 14.30 of the Agreement, 28 GIs of the European Union and 28 GIs of Japan have been added in Annex 14-B of the Agreement on 1 February 2021 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021D0109&qid=1635340796840 https://www.mofa.go.jp/mofaj/files/100141732.pdf and on 1 February 2022 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22022D0138&qid=1675141114801 https://www.mofa.go.jp/mofaj/files/100293455.pdf , respectively. As for the third addition of GIs to Annex 14-B, the Parties confirmed that it will take place in 2023 instead of 2022 and that the said addition will be made in two separate occasions in 2023: One for both 28 GIs of the European Union and 14 GIs for Japan and the other for the rest of the Japanese agricultural GIs.Article 14.30 of the Agreement provides for the possibility to add new geographical indications to Annex 14-B to the Agreement to be adopted after the completion of the opposition procedure and after having examined the geographical indications as set out in paragraph 4 of Article 14.25 thereof to the satisfaction of the both Parties. (3) Following the request of the Parties and pursuant to paragraph 1 of Article 14.30, the Union has completed the opposition procedure and the examination of 14 additional geographical indications of Japan and Japan has completed the opposition procedure and the examination of 28 additional geographical indications of the Union. These geographical indications should be added under the corresponding list of geographical indications of the respective Member State of the Union and to the list of geographical indications of Japan. (4) 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-B on request of a Party.

(5) 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 Annex 14-B, in accordance with the respective domestic legal procedures of the Parties. (6) On 12 June 2023, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly. (7) Annex 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 Annex 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 text of the amending Agreement, in the form of a draft Decision of the Joint Committee, is attached 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. The amending Agreement in the Annex, in the form of the Decision of the Joint Committee, shall be published in the Official Journal of the European Union after its adoption by the Joint Committee. Done at Brussels, 22 June 2023. For the Commission Janusz Wojciechowski Member of the Commission

Annex

ANNEX DECISION No X/2023 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP of [date] on the amendments to Annex 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) Within the framework of the Committee on Intellectual Property, the European Union and Japan (hereinafter referred to as 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 geographical indications (hereinafter referred to as GIs) and added in Annex 14-B of the Agreement, provided that those names are protected as GIs domestically. In accordance with Article 14.30 of the Agreement, 28 GIs of the European Union and 28 GIs of Japan have been added in Annex 14-B of the Agreement on 1 February 2021 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021D0109&qid=1635340796840 https://www.mofa.go.jp/mofaj/files/100141732.pdf and on 1 February 2022 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22022D0138&qid=1675141114801 https://www.mofa.go.jp/mofaj/files/100293455.pdf , respectively. As for the third addition of GIs to Annex 14-B, the Parties confirmed that it will take place in 2023 instead of 2022 and that the said addition will be made in two separate occasions in 2023: One for both 28 GIs of the European Union and 14 GIs for Japan and the other for the rest of the Japanese agricultural GIs.

(3) 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 14 additional GIs of Japan and Japan has completed the opposition procedure and the examination of 28 additional GIs of the European Union. (4) On 12 June 2023, 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-B to the Agreement accordingly. (5) The Parties completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement, and endeavour to exchange the diplomatic notes confirming the amendments to the Agreement not more than ten working days after the Decision is adopted. (6) Consequently, Annex 14-B to the Agreement should be amended, in accordance with paragraph 3 and subparagraph 4(g) of Article 23.2 of the Agreement. (7) The Parties confirmed that both sides will continue to work closely to add further GIs to be protected from the European Union and Japan to Annex 14-B in view of each side’s interests with the aim to add further GIs of the European Union and of Japan as from 1 January 2025. HAS ADOPTED THIS DECISION:

Article 1

a) In Section A of Part 1 of Annex 14-B to the Agreement, the GIs listed in Annex 1 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 GIs listed in Annex 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 3 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 4 to this Decision shall be added to the list of GIs of Japan.

Article 2

a) The Joint Committee will decide on the further addition to Annex 14-B of the Agreement of a number of up to 6 names from Japan, to be protected as GIs under the Agreement by the end of this year (2023), provided that those names are GIs protected in the territory of Japan in accordance with its laws and regulations. b) In 2025, the Joint Committee will decide on a further addition to Annex 14-B of the Agreement of a sufficient number of GIs from the European Union and Japan to be protected as GIs under the Agreement, in a manner satisfactory to both Parties, reflecting the level of implementation of GI policies in their respective territories, provided that those names are GIs protected in the territory of the Party in accordance with its laws and regulations.

Article 3

This Decision is drawn up in duplicate. Article 1 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 4

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. For the Joint Committee, Co-Chair [for Japan] Co-Chair [for EU]

Annex

ANNEX 1 CROATIA Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Korčulansko maslinovo uljeコルチュランスコ・マスリノヴォ・ウリエOils and fats (butter, margarine, oil, etc.) [olive oil] FRANCE Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]ÉpoissesエポワスCheeseMont d’Or/Vacherin du Haut-Doubsモン・ドール/ヴァシュラン・デュ・オー・ドゥーCheeseRaclette de Savoieラクレット・ド・サヴォワCheese GREECE Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Λακωνία (Transliteration into Latin alphabet: Lakonia)ラコニアOils and fats (butter, margarine, oil, etc.) [olive oil] ITALY Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Cotechino Modenaコテキーノ・モデナMeat products (cooked, salted, smoked, etc.) [pork sausage]FinocchionaフィノッキオーナMeat products (cooked, salted, smoked, etc.) [pork ham]Limone di Siracusaリモーネ・ディ・シラクーザFruit, vegetables and cereals fresh or processed [citrus] SPAIN Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Ajo Morado de Las Pedroñerasアホ・モラド・デ・ラス・ペドロニェラスFruit, vegetables and cereals fresh or processed [garlic] Arzúa-Ulloaアルスア・ウジョアCheeseMelocotón de Calandaメロコトン・デ・カランダFruit, vegetables and cereals fresh or processed [peach]Queso de Valdeónケソ・デ・バルデオンCheeseQueso de Murcia al vinoケソ・デ・ムルシア・アル・ビノCheeseSan Simón da Costaサン・シモン・ダ・コスタCheeseVinagre de Jerezビナグレ・デ・ヘレスOther products of Annex I to the TFEU (spices etc.) [vinegar]

Annex

ANNEX 2 Name to be protectedTranscription into Latin alphabet (for information purposes)Category of good and short description [in square brackets, for information purpose]大口れんこん/Okuchi RenkonOkuchi RenkonAgricultural product [lotus root]氷見稲積梅/Himi InazumiumeHimi InazumiumeAgricultural product [Ume (Japanese apricot)]種子島安納いも/TANEGASHIMA ANNOU SWEETPOTATO/Tanegashima Annou ImoTanegashima Annou ImoAgricultural product [sweet potato]飛騨牛/Hidagyu/Hida BeefHida GyuFresh Meat [beef]伊達のあんぽ柿/DATE NO ANPO GAKI/DATE NO ANPO KAKIDate no Anpo Gaki/Date no Anpo KakiProcessed agricultural product [Dried Japanese persimmon]サヌキ白みそ/Sanuki shiro misoSanuki Shiro MisoSeasonings and Soups [miso paste]たむらのエゴマ油/Tamura no egoma oil/Tamura no egoma aburaTamura no Egoma AburaOils and fats [perilla oil]

Annex

ANNEX 3 AUSTRIA Product of Austria or Hungary. Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose] Pálinka (Translation into Japanese: パーリンカ) パーリンカSpirits BULGARIA Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Карнобатска гроздова ракия/Гроздова ракия от Карнобат/Karnobatska grozdova rakya/Grozdova rakya ot Karnobatカルノバトスカ・グロズドヴァ・ラキヤ/グロズドヴァ・ラキヤ・オト・カルノバトSpirits FRANCE Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Bourg/Côtes de Bourg/Bourgeaisブール/コート・ドゥ・ブール/ブルジェWineCassisカシーWineCassis de Bourgogneカシス・ドゥ・ブルゴーニュSpiritsName to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Entre-deux-Mersアントル・ドゥー・メールWineFronsacフロンサックWineListrac-Médocリストラック・メドックWineMoulis/Moulis-en-Médocムーリ/ムーリ・ザン・メドックWine HUNGARY Product of Austria or Hungary. Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose] Pálinka (Translation into Japanese: パーリンカ) パーリンカSpirits ROMANIA Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]Pălincă (Translation into Japanese: パリンカ)パリンカSpirits SLOVENIA Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]KrasクラスWine SPAIN Name to be protectedTranscription into Japanese (for information purposes)Category of good and short description [in square brackets, for information purpose]MontsantモンサンWineRibeiroリベイロWine

Annex

ANNEX 4 Name to be protectedTranscription into Latin alphabet (for information purposes)Category of good and short description [in square brackets, for information purpose]佐賀SagaSeishu (Sake)大阪OsakaWine長野NaganoWine長野NaganoSeishu (Sake)山形YamagataWine新潟NiigataSeishu (Sake)滋賀ShigaSeishu (Sake)