BETA


2018/0189(COD) Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications: action of the Union following its accession to the Act

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ROZIÈRE Virginie (icon: S&D S&D) VOSS Axel (icon: PPE PPE), DZHAMBAZKI Angel (icon: ECR ECR)
Committee Opinion INTA HANSEN Christophe (icon: PPE PPE) José BOVÉ (icon: Verts/ALE Verts/ALE), Bolesław G. PIECHA (icon: ECR ECR), Marietje SCHAAKE (icon: ALDE ALDE)
Committee Opinion ENVI VĂLEAN Adina-Ioana (icon: PPE PPE)
Committee Opinion AGRI SIEKIERSKI Czesław Adam (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
TFEU 207

Events

2019/10/24
   Final act published in Official Journal
2019/10/23
   CSL - Draft final act
Documents
2019/10/23
   CSL - Final act signed
2019/10/23
   EP - End of procedure in Parliament
2019/10/08
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/10/08
   CSL - Council Meeting
2019/08/08
   EC - Commission response to text adopted in plenary
Documents
2019/04/16
   EP - Results of vote in Parliament
2019/04/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 610 votes to 31, with 8 abstentions, a legislative resolution on the proposal for a 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.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Objective

The Regulation shall establish 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 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is a 1958 treaty, which offers means of obtaining protection for appellations of origins in its Contracting Parties. The Agreement has currently twenty-eight Contracting Parties including seven Member States.

International registration of geographical indications

Following the accession of the Union to the Geneva Act and subsequently, on a regular basis , the Commission as Competent Authority shall file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') applications for the international registration of geographical indications protected and registered under Union law and pertaining to products originating in the Union.

To this end, Member States may request the Commission to register geographical indications originating in their territory, protected and registered under Union law, in the International Register. Such request may be based on a request by a natural person or legal entity as referred to in the Geneva Act or by a beneficiary of the Geneva Act, or their own initiative.

The addition of geographical indications to the International Register should serve the purposes of providing quality products, fair competition and consumer protection.

The Commission shall use existing regular mechanisms to consult Member States, trade associations and Union producers in order to establish an ongoing dialogue with relevant stakeholders.

Cancellation of a geographical indication originating in a Member State of the Union registered in the International Register

The Commission shall adopt an implementing act requesting the cancellation of a registration in the International Register of a geographical indication originating in a Member State of the Union if that geographical indication is no longer protected in the Union or at the request of the Member State in which the geographical indication originates.

Publication of third country geographical indications registered in the International Register

The Commission shall publish any international registration notified by the International Bureau of the Geneva Act concerning the geographical indications registered in the International Register and in respect of which the Contracting Party of Origin is not a Member State, provided that the publication relates to a product in respect of which protection at Union level of geographical indications is provided.

Transitional provisions

Member States which already are contracting parties to the Lisbon Agreement may remain as such, in particular to ensure the continuity of rights granted and the fulfilment of obligations under that Agreement. However, they should act solely in the interest of the Union and in full respect of the exclusive competence of the Union.

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 Single Market, these Member States should not register under the Lisbon Agreement any new appellations of origin for products falling within the scope of Regulation (EC) No 110/2008, Regulation (EU) No 1151/2012, Regulation (EU) No 1308/2013 or Regulation (EU) No 251/2014.

Those Member States have registered appellations of origin under the Lisbon Agreement. Transitional arrangements should be provided for continued protection subject to the requirements of that Agreement, the Geneva Act and the Union acquis.

The amended text also provides for transitional protection for appellations of origin originating in a third country registered under the Lisbon Agreement.

Fees

Member States may require that natural person or legal entity or a beneficiary to pay some or all of the fees under the Geneva Act.

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:

- the number of geographical indications protected and registered under Union law for which applications for international registration have been submitted, and cases where the protection has been rejected by third contracting parties;

- the evolution of the number of third countries participating in the Geneva Act and the action taken by the Commission to increase the number as well as the impact of the current state of the Union acquis as regards geographical indications on the attractiveness of the Geneva Act to third countries; and

- the number and type of geographical indications originating from third countries which have been rejected by the Union.

In a statement annexed to the legislative resolution, the Commission took note of the European Parliament's resolution of 6 October 2015 on the possible extension of EU geographical indication protection to non-agricultural products.

On the basis of a study it launched in November 2018 and the report on the Union's participation in the Geneva Act, the Commission will consider possible further steps.

Documents
2019/04/09
   EP - Amendments tabled in committee
Documents
2019/04/02
   EP - Amendments tabled in committee
Documents
2019/04/01
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/03/20
   CSL - Coreper letter confirming interinstitutional agreement
2019/01/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Virginie ROZIÈRE (S&D, FR) on the proposal for a 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.

on the proposal for a regulation of the European Parliament and of the Council on action by the European Union following its accession to the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications.

As a reminder, the proposal aims to establish a legal framework ensuring the effective participation of the European Union in the Lisbon Union of the World Intellectual Property Organisation (WIPO) on the day it becomes a Contracting Party to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is a 1958 treaty, which offers means of obtaining protection for appellations of origins in its Contracting Parties. The Agreement has currently twenty-eight Contracting Parties including seven Member States.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

International registration of geographical indications following accession

Members suggested that the Commission submit to the WIPO International Bureau an application for entry in the International Register of a list of geographical indications originating in the Union and protected on its territory, in close cooperation with the Member States, trade associations and producers concerned.

The list of geographical indications adopted by the Commission by means of an implementing act should contain all of the European geographical indications, which have already been registered in the International Register by those Member States who were contracting parties of the Special Union before the accession of the Union to the Geneva Act.

By six months from the entry into force of this Regulation, an authority of a Member State, or an interested group of producers or a single producer using a geographical indication protected and registered in the Union, shall notify the Commission of the names of the geographical indications they wish to have included in the list of geographical indications.

The Commission should be able to object to the addition of a specific geographical indication in the list of geographical indications originating and protected in the territory of the Union and should justify its decision in that regard taking in account the export value of the geographical indication or its export potential or both and the special economic and regional importance of the geographical indication.

In addition, Parliament should be able to propose geographical indications for registration within the Lisbon Union.

The Commission should use a regular mechanism to consult Member States, trade associations and Union producers in order to establish an ongoing dialogue with relevant stakeholders.

Non-agricultural geographical indications

Members suggested setting up a procedure for for withdrawal of refusal of protection, especially in the case of further developments in Union law allowing non-agricultural geographical indications to be protected.

The Commission should present, as soon as possible, a legislative proposal to extend the protection granted to geographical indications under Union law to non-agricultural products. Non-agricultural geographical indications protected in the Member States should not be affected by the Regulation until such a system is put in place.

The report also emphasises that consideration should be given to ways in which the seven Member States of the European Union that are members of the Lisbon Union can continue to fully protect their non-agricultural geographical indications, in the context of a partial application of the Geneva Act.

Monitoring and review

The Commission shall monitor and assess the application of the Regulation over time. In carrying out this assessment, the Commission shall, inter alia , take into account (i) the number of geographical indications protected under Union law in relation to which notification has been received, with a justification for the choice of those notified indications, and the geographical indications protected under Union law which have been rejected by third parties; (ii) the evolution of the number of third countries participating in the Geneva Act and the action taken by the Commission to increase the number; and (iii) the number of non-agricultural geographical indications originating from third countries which have been rejected by the Commission.

Documents
2019/01/23
   EP - Vote in committee, 1st reading/single reading
2019/01/23
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2019/01/08
   EP - Amendments tabled in committee
Documents
2018/12/17
   EP - Committee opinion
Documents
2018/12/12
   ESC - Economic and Social Committee: opinion, report
Documents
2018/11/30
   EP - Committee opinion
Documents
2018/11/30
   EP - Committee draft report
Documents
2018/09/24
   EP - ROZIÈRE Virginie (S&D) appointed as rapporteur in JURI
2018/09/10
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/08/30
   EP - VĂLEAN Adina-Ioana (PPE) appointed as rapporteur in ENVI
2018/08/29
   EP - HANSEN Christophe (PPE) appointed as rapporteur in INTA
2018/08/29
   EP - SIEKIERSKI Czesław Adam (PPE) appointed as rapporteur in AGRI
2018/07/27
   EC - Legislative proposal published
Details

PURPOSE: to establish a legal framework guaranteeing the effective participation of the Union in the World Intellectual Property Organisation (WIPO) Lisbon Union once the Union becomes a Contracting Party to the Geneva Act on appellations of origin and geographical indications.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: this proposal is related to the Commission proposal for a Council Decision on the Union's accession to the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications.

The Geneva Act protects appellations of origin, including ‘designations of origin’ as defined by Regulation (EU) No 1151/2012 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council, and geographical indications, which are henceforth both referred to as ‘geographical indications’.

In order for the Union to be fully able to exercise its exclusive competence in relation to its common commercial policy , it will become a contracting party to the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications (‘the Geneva Act’). 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’). The Union is to be represented by the Commission in the Special Union.

It is necessary to establish a legal framework for the action of the European Union following its accession to the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications. The proposal is consistent with the EU's general policy to promote and enhance the protection of geographical indications through bilateral, regional and multilateral agreements.

IMPACT ASSESSMENT: the Commission has not carried out an impact assessment. It stresses, however, there would be a number of advantages in case of EU membership :

it would ensure that current and future GIs registered at EU level but not registered by the seven EU Member States in the Lisbon Union could become eligible for protection in the Lisbon system; EU GIs could in principle gain rapid, high level, indefinite protection in all current and future parties to the Geneva Act; it would help rural stakeholders protect at global level what is valuable at local level, thus countervailing the usual globalisation trend toward uniform commodity standards and downward pressure on agricultural product prices; from an administrative point of view, the Geneva Act provides a single set of rules for obtaining protection in all members and therefore a simpler and more efficient mechanism compared to the current EU practice of dealing with a variety of local procedures through bilateral agreements; for businesses, EU accession will entail no additional adjustment, compliance or transaction costs or administrative burdens other than potential individual examination fees which Lisbon Members may apply but which will be diminished by the savings resulting from the international procedure.

CONTENT: the proposal establishes rules allowing the Union to fully exercise all its rights and obligations following its accession to the Geneva Act .

The main elements of the proposal are as follows:

International registration of geographical indications following accession : following the accession of the Union to the Geneva Act, the Commission should as a first step file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') an application for registration of a list of geographical indications originating and protected in the territory of the Union in their register (‘the International Register’).

This list should be established in close consultation with the Member States, following this established practice and methodology which is used for some of the bilateral international agreements on Geographical indications which the EU has concluded (taking into account production value and export value, protection under other agreements as well as current or potential misuse in the third countries concerned, and balance between Member States), taking into account the scope of Geographical indications registered by third country Lisbon members.

Subsequent international registration of geographical indications of the Union : following the accession of the Union to the Geneva Act, applications for international registration of additional protected geographical indications registered in the Union would be possible on the initiative of the Commission or at the request of a Member State or producer group concerned.

Examination of geographical indications of third countries entered in the International Register : the proposal establishes appropriate procedures should be established in order for the Commission to assess geographical indications originating in the contracting parties to the Geneva Act which are not Member States ('third Contracting Parties') and registered in the International Register, in order to provide for a procedure to decide on protection in the Union and to cancel such protection, where relevant.

Enforcement by the Union of the protection of geographical indications originating in third Contracting Parties and registered in the International Register should be done in accordance with Chapter III of the Geneva Act, which requires each Contracting Party to make available effective legal remedies for the protection of registered geographical indications and provide that legal proceedings for ensuring their protection may be brought by a public authority or by any interested party, whether a natural person or a legal entity and whether public or private, depending on its legal system and practice.

Transitional protection : seven Member States are members of the Special Union and as such have accepted the protection of the geographical indications of third Contracting parties. In order to provide for them the means to fulfil their international obligations assumed before the accession of the Union to the Geneva Act, a transitional arrangement should be provided which should produce effects at national level only, and have no effect on intra-Union or international trade.

Fees : the fees to be paid under the Geneva Act, and specified in the Common Regulations, for the filing an application with the International Bureau for the international registration of a geographical indication and for the supply of extracts, attestations or other information concerning the contents of that registration should be borne by the Member State from which the geographical indication originates.

Documents

  • Draft final act: 00074/2019/LEX
  • Commission response to text adopted in plenary: SP(2019)440
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading/single reading: T8-0361/2019
  • Amendments tabled in committee: PE637.560
  • Amendments tabled in committee: PE637.503
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE638.446
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)004507
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)004507
  • Committee report tabled for plenary, 1st reading/single reading: A8-0036/2019
  • Amendments tabled in committee: PE632.797
  • Committee opinion: PE629.613
  • Economic and Social Committee: opinion, report: CES4953/2018
  • Committee opinion: PE630.759
  • Committee draft report: PE631.792
  • Legislative proposal published: COM(2018)0365
  • Legislative proposal published: EUR-Lex
  • Committee opinion: PE630.759
  • Committee draft report: PE631.792
  • Economic and Social Committee: opinion, report: CES4953/2018
  • Committee opinion: PE629.613
  • Amendments tabled in committee: PE632.797
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)004507
  • Amendments tabled in committee: PE637.503
  • Amendments tabled in committee: PE637.560
  • Commission response to text adopted in plenary: SP(2019)440
  • Draft final act: 00074/2019/LEX

Votes

A8-0036/2019 - Virginie Rozière - Am 20 16/04/2019 12:21:30.000

2019/04/16 Outcome: +: 610, -: 31, 0: 8
DE FR IT ES PL RO GB BE CZ SE HU NL PT AT BG SK FI HR LT DK LV IE SI LU MT EE EL CY
Total
93
68
55
51
45
30
54
21
20
18
17
24
18
17
13
12
11
10
9
11
8
8
8
6
6
5
8
1
icon: PPE PPE
191

United Kingdom PPE

2

Lithuania PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
161

Netherlands S&D

For (2)

2

Bulgaria S&D

Abstain (1)

3

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3
icon: ALDE ALDE
61

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Denmark ALDE

2

Latvia ALDE

1

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
65

Romania ECR

2

Czechia ECR

2

Sweden ECR

2

Netherlands ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
42

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

For (1)

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Greece GUE/NGL

2

Cyprus GUE/NGL

Abstain (1)

1
icon: ENF ENF
31

Germany ENF

For (1)

1

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Austria ENF

3
icon: NI NI
16

Germany NI

2

Italy NI

For (1)

1

Poland NI

Against (1)

2
icon: EFDD EFDD
31

Germany EFDD

For (1)

1
4

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1

A8-0036/2019 - Virginie Rozière - Am 20

2019/04/16 Outcome: +: 610, -: 31, 0: 8
DE FR IT ES PL RO GB BE CZ SE HU NL PT AT BG SK FI HR LT DK LV IE SI LU MT EE EL ?? CY
Total
93
69
54
50
45
30
53
21
20
17
17
24
18
17
13
12
11
10
9
11
8
8
8
6
6
5
8
2
1
icon: PPE PPE
191

United Kingdom PPE

2

Lithuania PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
162

Netherlands S&D

For (2)

2

Bulgaria S&D

Abstain (1)

3

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3
icon: ALDE ALDE
60

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Denmark ALDE

2

Latvia ALDE

1

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
65

Romania ECR

2

Czechia ECR

2

Sweden ECR

2

Netherlands ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
47

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Sweden Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
42

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

For (1)

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Greece GUE/NGL

2

Cyprus GUE/NGL

Abstain (1)

1
icon: ENF ENF
32

Germany ENF

For (1)

1

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Austria ENF

3
icon: NI NI
16

Germany NI

2

Poland NI

Against (1)

2

NI

For (1)

1
icon: EFDD EFDD
31

Germany EFDD

For (1)

1
4

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1

EFDD

Against (1)

1
AmendmentsDossier
71 2018/0189(COD)
2018/10/26 ENVI 25 amendments...
source: 629.621
2018/11/21 INTA 16 amendments...
source: 630.585
2019/01/08 JURI 30 amendments...
source: 632.797

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2018-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE630.759&secondRef=01 title: PE630.759 committee: ENVI type: Committee opinion body: EP
  • date: 2018-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE631.792 title: PE631.792 type: Committee draft report body: EP
  • date: 2018-12-12T00:00:00 docs: title: CES4953/2018 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2018-12-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.613&secondRef=02 title: PE629.613 committee: INTA type: Committee opinion body: EP
  • date: 2019-01-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE632.797 title: PE632.797 type: Amendments tabled in committee body: EP
  • date: 2019-03-20T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/juri/lcag/2019/03-20/JURI_LA(2019)004507_EN.pdf title: GEDA/A/(2019)004507 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-04-02T00:00:00 docs: title: PE637.503 type: Amendments tabled in committee body: EP
  • date: 2019-04-09T00:00:00 docs: title: PE637.560 type: Amendments tabled in committee body: EP
events
  • date: 2018-07-27T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0365/COM_COM(2018)0365_EN.pdf title: COM(2018)0365 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0365 title: EUR-Lex summary: PURPOSE: to establish a legal framework guaranteeing the effective participation of the Union in the World Intellectual Property Organisation (WIPO) Lisbon Union once the Union becomes a Contracting Party to the Geneva Act on appellations of origin and geographical indications. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal is related to the Commission proposal for a Council Decision on the Union's accession to the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications. The Geneva Act protects appellations of origin, including ‘designations of origin’ as defined by Regulation (EU) No 1151/2012 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council, and geographical indications, which are henceforth both referred to as ‘geographical indications’. In order for the Union to be fully able to exercise its exclusive competence in relation to its common commercial policy , it will become a contracting party to the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications (‘the Geneva Act’). 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’). The Union is to be represented by the Commission in the Special Union. It is necessary to establish a legal framework for the action of the European Union following its accession to the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications. The proposal is consistent with the EU's general policy to promote and enhance the protection of geographical indications through bilateral, regional and multilateral agreements. IMPACT ASSESSMENT: the Commission has not carried out an impact assessment. It stresses, however, there would be a number of advantages in case of EU membership : it would ensure that current and future GIs registered at EU level but not registered by the seven EU Member States in the Lisbon Union could become eligible for protection in the Lisbon system; EU GIs could in principle gain rapid, high level, indefinite protection in all current and future parties to the Geneva Act; it would help rural stakeholders protect at global level what is valuable at local level, thus countervailing the usual globalisation trend toward uniform commodity standards and downward pressure on agricultural product prices; from an administrative point of view, the Geneva Act provides a single set of rules for obtaining protection in all members and therefore a simpler and more efficient mechanism compared to the current EU practice of dealing with a variety of local procedures through bilateral agreements; for businesses, EU accession will entail no additional adjustment, compliance or transaction costs or administrative burdens other than potential individual examination fees which Lisbon Members may apply but which will be diminished by the savings resulting from the international procedure. CONTENT: the proposal establishes rules allowing the Union to fully exercise all its rights and obligations following its accession to the Geneva Act . The main elements of the proposal are as follows: International registration of geographical indications following accession : following the accession of the Union to the Geneva Act, the Commission should as a first step file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') an application for registration of a list of geographical indications originating and protected in the territory of the Union in their register (‘the International Register’). This list should be established in close consultation with the Member States, following this established practice and methodology which is used for some of the bilateral international agreements on Geographical indications which the EU has concluded (taking into account production value and export value, protection under other agreements as well as current or potential misuse in the third countries concerned, and balance between Member States), taking into account the scope of Geographical indications registered by third country Lisbon members. Subsequent international registration of geographical indications of the Union : following the accession of the Union to the Geneva Act, applications for international registration of additional protected geographical indications registered in the Union would be possible on the initiative of the Commission or at the request of a Member State or producer group concerned. Examination of geographical indications of third countries entered in the International Register : the proposal establishes appropriate procedures should be established in order for the Commission to assess geographical indications originating in the contracting parties to the Geneva Act which are not Member States ('third Contracting Parties') and registered in the International Register, in order to provide for a procedure to decide on protection in the Union and to cancel such protection, where relevant. Enforcement by the Union of the protection of geographical indications originating in third Contracting Parties and registered in the International Register should be done in accordance with Chapter III of the Geneva Act, which requires each Contracting Party to make available effective legal remedies for the protection of registered geographical indications and provide that legal proceedings for ensuring their protection may be brought by a public authority or by any interested party, whether a natural person or a legal entity and whether public or private, depending on its legal system and practice. Transitional protection : seven Member States are members of the Special Union and as such have accepted the protection of the geographical indications of third Contracting parties. In order to provide for them the means to fulfil their international obligations assumed before the accession of the Union to the Geneva Act, a transitional arrangement should be provided which should produce effects at national level only, and have no effect on intra-Union or international trade. Fees : the fees to be paid under the Geneva Act, and specified in the Common Regulations, for the filing an application with the International Bureau for the international registration of a geographical indication and for the supply of extracts, attestations or other information concerning the contents of that registration should be borne by the Member State from which the geographical indication originates.
  • date: 2018-09-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2019-01-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2019-01-23T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2019-01-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2019-0036&language=EN title: A8-0036/2019 summary: The Committee on Legal Affairs adopted the report by Virginie ROZIÈRE (S&D, FR) on the proposal for a 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. on the proposal for a regulation of the European Parliament and of the Council on action by the European Union following its accession to the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications. As a reminder, the proposal aims to establish a legal framework ensuring the effective participation of the European Union in the Lisbon Union of the World Intellectual Property Organisation (WIPO) on the day it becomes a Contracting Party to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is a 1958 treaty, which offers means of obtaining protection for appellations of origins in its Contracting Parties. The Agreement has currently twenty-eight Contracting Parties including seven Member States. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows. International registration of geographical indications following accession Members suggested that the Commission submit to the WIPO International Bureau an application for entry in the International Register of a list of geographical indications originating in the Union and protected on its territory, in close cooperation with the Member States, trade associations and producers concerned. The list of geographical indications adopted by the Commission by means of an implementing act should contain all of the European geographical indications, which have already been registered in the International Register by those Member States who were contracting parties of the Special Union before the accession of the Union to the Geneva Act. By six months from the entry into force of this Regulation, an authority of a Member State, or an interested group of producers or a single producer using a geographical indication protected and registered in the Union, shall notify the Commission of the names of the geographical indications they wish to have included in the list of geographical indications. The Commission should be able to object to the addition of a specific geographical indication in the list of geographical indications originating and protected in the territory of the Union and should justify its decision in that regard taking in account the export value of the geographical indication or its export potential or both and the special economic and regional importance of the geographical indication. In addition, Parliament should be able to propose geographical indications for registration within the Lisbon Union. The Commission should use a regular mechanism to consult Member States, trade associations and Union producers in order to establish an ongoing dialogue with relevant stakeholders. Non-agricultural geographical indications Members suggested setting up a procedure for for withdrawal of refusal of protection, especially in the case of further developments in Union law allowing non-agricultural geographical indications to be protected. The Commission should present, as soon as possible, a legislative proposal to extend the protection granted to geographical indications under Union law to non-agricultural products. Non-agricultural geographical indications protected in the Member States should not be affected by the Regulation until such a system is put in place. The report also emphasises that consideration should be given to ways in which the seven Member States of the European Union that are members of the Lisbon Union can continue to fully protect their non-agricultural geographical indications, in the context of a partial application of the Geneva Act. Monitoring and review The Commission shall monitor and assess the application of the Regulation over time. In carrying out this assessment, the Commission shall, inter alia , take into account (i) the number of geographical indications protected under Union law in relation to which notification has been received, with a justification for the choice of those notified indications, and the geographical indications protected under Union law which have been rejected by third parties; (ii) the evolution of the number of third countries participating in the Geneva Act and the action taken by the Commission to increase the number; and (iii) the number of non-agricultural geographical indications originating from third countries which have been rejected by the Commission.
  • date: 2019-04-01T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/juri/inag/2019/04-09/JURI_AG(2019)638446_EN.pdf title: PE638.446 url: http://www.europarl.europa.eu/RegData/commissions/juri/lcag/2019/03-20/JURI_LA(2019)004507_EN.pdf title: GEDA/A/(2019)004507
  • date: 2019-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0361 title: T8-0361/2019 summary: The European Parliament adopted by 610 votes to 31, with 8 abstentions, a legislative resolution on the proposal for a 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. The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Objective The Regulation shall establish 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 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is a 1958 treaty, which offers means of obtaining protection for appellations of origins in its Contracting Parties. The Agreement has currently twenty-eight Contracting Parties including seven Member States. International registration of geographical indications Following the accession of the Union to the Geneva Act and subsequently, on a regular basis , the Commission as Competent Authority shall file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') applications for the international registration of geographical indications protected and registered under Union law and pertaining to products originating in the Union. To this end, Member States may request the Commission to register geographical indications originating in their territory, protected and registered under Union law, in the International Register. Such request may be based on a request by a natural person or legal entity as referred to in the Geneva Act or by a beneficiary of the Geneva Act, or their own initiative. The addition of geographical indications to the International Register should serve the purposes of providing quality products, fair competition and consumer protection. The Commission shall use existing regular mechanisms to consult Member States, trade associations and Union producers in order to establish an ongoing dialogue with relevant stakeholders. Cancellation of a geographical indication originating in a Member State of the Union registered in the International Register The Commission shall adopt an implementing act requesting the cancellation of a registration in the International Register of a geographical indication originating in a Member State of the Union if that geographical indication is no longer protected in the Union or at the request of the Member State in which the geographical indication originates. Publication of third country geographical indications registered in the International Register The Commission shall publish any international registration notified by the International Bureau of the Geneva Act concerning the geographical indications registered in the International Register and in respect of which the Contracting Party of Origin is not a Member State, provided that the publication relates to a product in respect of which protection at Union level of geographical indications is provided. Transitional provisions Member States which already are contracting parties to the Lisbon Agreement may remain as such, in particular to ensure the continuity of rights granted and the fulfilment of obligations under that Agreement. However, they should act solely in the interest of the Union and in full respect of the exclusive competence of the Union. 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 Single Market, these Member States should not register under the Lisbon Agreement any new appellations of origin for products falling within the scope of Regulation (EC) No 110/2008, Regulation (EU) No 1151/2012, Regulation (EU) No 1308/2013 or Regulation (EU) No 251/2014. Those Member States have registered appellations of origin under the Lisbon Agreement. Transitional arrangements should be provided for continued protection subject to the requirements of that Agreement, the Geneva Act and the Union acquis. The amended text also provides for transitional protection for appellations of origin originating in a third country registered under the Lisbon Agreement. Fees Member States may require that natural person or legal entity or a beneficiary to pay some or all of the fees under the Geneva Act. 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: - the number of geographical indications protected and registered under Union law for which applications for international registration have been submitted, and cases where the protection has been rejected by third contracting parties; - the evolution of the number of third countries participating in the Geneva Act and the action taken by the Commission to increase the number as well as the impact of the current state of the Union acquis as regards geographical indications on the attractiveness of the Geneva Act to third countries; and - the number and type of geographical indications originating from third countries which have been rejected by the Union. In a statement annexed to the legislative resolution, the Commission took note of the European Parliament's resolution of 6 October 2015 on the possible extension of EU geographical indication protection to non-agricultural products. On the basis of a study it launched in November 2018 and the report on the Union's participation in the Geneva Act, the Commission will consider possible further steps.
otherinst
  • name: European Economic and Social Committee
procedure
reference
2018/0189(COD)
title
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications: action of the Union following its accession to the Act
subject
Notes
01/02/2019 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
type
COD - Ordinary legislative procedure (ex-codecision procedure)
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Legislation
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European Economic and Social Committee
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JURI/8/14437