Council Decision (EU) 2020/1832 of 23 November 2020 on the conclusion of the Agreement between the European Union and the Government of the People’s Republic of China on cooperation on, and protection of, geographical indications

What it is

to conclude the Agreement between the European Union and the Government of the People's Republic of China on cooperation on, and protection of, geographical indications. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: on 10 September 2010, the Council authorised the opening of negotiations with China with a view to reaching a broad and ambitious agreement on cooperation on geographical indications and their protection. The conclusion of the Agreement is part of the EU’s overall strategy to promote the EU’s policy on geographical indications. The initiative aims to provide a high level of protection, at least at the level provided for in Article 23 of the TRIPS+ Agreement, for a range of EU GIs to be protected in the People's Republic of China and Chinese GIs to be protected in the EU. This initiative shall give a competitive advantage to producers of GI products. The European Parliament adopted by 645 votes to 22, with 18 abstentions, a legislative resolution on the draft Council decision on the conclusion of the agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications. Parliament gave its consent to the conclusion of the agreement. The agreement allows the protection of famous and valuable EU GIs in the Chinese market against imitation and usurpation. Under the deal, in a first phase, direct protection through the agreement of a list of 100 EU GIs and 100 Chinese GIs will be ensured as from the entry into force of the agreement. In a second phase, within four years, an additional 175 GI names both from the EU and China will be protected under the Agreement. These names will have to follow the same registration procedure as the 100 names already covered by the agreement. The agreement foresees the possibility to extend the scope after its entry into force to other product classes currently not covered under EU legislation, and in particular handicrafts. The listed GIs will benefit from a very high level of protection going beyond the one offered under TRIPS, both for foodstuffs but also for wines and spirits.

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