RECOMMENDATION on the proposal for a 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

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a 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

(8359/2020 – C9‑0298/2020 – 2020/0089(NLE))

(Consent)

The European Parliament,

– having regard to the draft Council decision (8359/2020),

– having regard to the draft Agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications (8361/2020),

– having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0298/2020),

– having regard to its non-legislative resolution of ...[1] on the draft decision,

–  having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

–  having regard to the opinion of the Committee on Fisheries,

–  having regard to the recommendation of the Committee on International Trade (A9-0199/2020),

1. Gives its consent to the conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the People's Republic of China.

EXPLANATORY STATEMENT

On 10 September 2010 the Council authorized the opening of negotiations with China with a view to an agreement on the protection of Geographical Indications (GIs) for wines, spirits, agricultural products and foodstuffs. This negotiation built upon the experience of the 10 + 10 GIs cooperation project between the EU and China that in 2013 resulted in the protection of 10 GIs on both sides under EU and Chinese legislation. The negotiations on a GI agreement were concluded on 6 November 2019.

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. They will be protected against:

- the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

- any use of a geographical indication identifying an identical or similar product not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation, transcription  or transliteration, or accompanied by expressions such as "kind", "type", "style", "imitation" or the like;

- any use of a geographical indication identifying an identical or similar product not compliant with the product specification of the protected name.

In accordance with Article 218(6) TFEU, the consent of the European Parliament is needed in order for the Council to adopt a decision concluding the Agreement.

In the light of the above, the Rapporteur recommends that the Parliament give its consent to the conclusion of the Agreement.