Commission Decision of 8 December 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⁽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 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 Union and 28 GIs of Japan have been added in Annex 14-B of the Agreement on 1 February 2021⁽²⁾ and on 1 February 2022⁽³⁾, 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 Union and 14 GIs for Japan and the other for the rest of the Japanese agricultural GIs. The Parties also confirmed that both sides will continue to work to add further GIs to be protected in the respective sides as from 1 January 2025.

3. 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 both Parties.

4. Regarding the first part of the third addition agreed by the Parties for 2023, in accordance with Article 14.30 of the Agreement, 28 GIs of the Union and 14 GIs of Japan were added in Annex 14-B of the Agreement on 30 September 2023 (Joint Committee Decision⁽⁴⁾ attached to Commission Decision (EU) 2023/1313, OJ L 162, 28.6.2023, p. 57–66).

5. With regard to the other part of the third addition agreed by the Parties for 2023, pursuant to paragraph 1 of Article 14.30, the Union has completed the opposition procedure and the examination of 6 additional GIs of Japan. These geographical indications should be added under the corresponding list of geographical indications of Japan.

6. 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.

7. 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.

8. On 24 November 2023, the Committee on Intellectual Property recommended to the Joint Committee to amend Annex 14-B to the Agreement accordingly.

9. Annex 14-B to the Agreement should therefore be amended accordingly and the amendment should be approved on behalf of the Union,

HAS DECIDED AS FOLLOWS: