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Document 52022PC0446

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Trade Committee of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of the Annexes 10-A and 10-B of the Agreement

COM/2022/446 final

Brussels, 9.9.2022

COM(2022) 446 final

2022/0266(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Trade Committee of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of the Annexes 10-A and 10-B of the Agreement


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision on the position to be taken on the Union's behalf in the Trade Committee established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea (‘Korea’), of the other part 1 , (‘the Agreement’, the parties to which are referred to as ‘the Parties’) in connection with the envisaged adoption of the amendment of Annexes 10-A and 10-B (‘the Amendment) of the Agreement.

2.Context of the proposal

2.1.The EU-Korea Free Trade Agreement

The Agreement is the European Union’s first new generation trade agreement and the first concluded with an Asian country. The aim of the Agreement is to boost bilateral trade and economic growth in both the EU and Korea.

The Agreement has been provisionally applied since 1 July 2011 2 and entered into force on 13 December 2015.

2.2.The Trade Committee

Article 15.1 of the Agreement establishes the Trade Committee. Pursuant to Article 15.1.4(c) of the Agreement, the Trade Committee may consider amendments to the Agreement or amend provisions of the Agreement in cases specifically provided for in the Agreement. Article 15.5.2 of the Agreement provides that a decision of the Trade Committee to amend the Annexes, Appendices, Protocols and Notes to the Agreement may be adopted by the Parties, subject to their respective applicable legal requirements and procedures.

The Agreement establishes the rules on geographical indications under Articles 10.18-10.26. Based on Article 10.24 of the Agreement, the European Union and Korea agree to add geographical indications to be protected to the Annexes 10-A and 10-B in accordance with the procedure set out in Article 10.25.

Pursuant to Article 10.25.1 the Working Group on Geographical Indications (GI Working Group’), which is established pursuant to Article 15.3.1(g) under the auspices of the Trade Committee, may make recommendations and adopt decisions by consensus. Pursuant to Article 15.3.5 of the Agreement and Article 5.3 of the Rules of Procedure of the Working Group on Geographical Indications 3 , the Trade Committee may undertake the task assigned to the GI Working Group and amend Annexes 10-A and 10-B pursuant to Article 15.5.2 of the Agreement.  

2.3.The envisaged act of the Trade Committee 

On 25 November 2021, in the framework of the 8th GI Working Group meeting, the Parties reached an agreement to extend the list of geographical indications (GIs) protected in the Annexes 10-A and 10-B of the Agreement. The Trade Committee, pursuant to Article 15.5.2 of the Agreement, may adopt a decision to amend Annexes 10-A and 10-B (‘the envisaged act’).

The amendment of Annexes 10-A and 10-B consists of, inter alia, the update of legislative references, the removal of those geographical indications which are no longer protected in the EU, the modification of certain geographical indications, in particular where the name has changed, and the enlargement of the number of geographical indications protected by the Annexes of the Agreement by adding 43 European Union GIs and 41 Korean GIs.

3.Position to be taken on the Union's behalf

The proposed Council Decision establishes the position to be adopted on the Union’s behalf in the Trade Committee regarding the amendment of Annexes 10-A and 10-B. The position shall be based on the draft Decision of the Trade Committee attached as Annex to the proposed Council Decision

The Treaties bestow on the Union an exclusive competence for the common commercial policy, which includes the Union's autonomous trade policy as well as the conclusion of international trade agreements. The envisaged act implements the Agreement and the adoption of the envisaged act fits the objectives of the Union trade policy.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’. 4

4.1.2.Application to the present case

The Trade Committee is a body set up by the Agreement. The decision, which the Trade Committee is called upon to adopt, constitutes an act having legal effects.

The envisaged act will be binding under international law in accordance with Article 15.5.2 of the EU-Korea Free Trade Agreement.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case

The main objective and content of the envisaged act relate to the common commercial policy. Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.

4.3.Conclusion

The legal basis of the proposed decision should be Article 207(4) first subparagraph TFEU, in conjunction with Article 218(9) TFEU.

5.Publication of the envisaged act

As the act of the Trade Committee will amend the Annexes 10-A and 10-B of the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

2022/0266 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Trade Committee of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of the Annexes 10-A and 10-B of the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (“the Agreement”) signed on 6 October 2010, was concluded by the Union by Council Decision (EU) 2015/2169 5 . It has been provisionally applied since 1 July 2011 6 and entered into force on 13 December 2015 7 .

(2)Article 15.1 of the Agreement establishes a Trade Committee comprising representatives of the Union and the Republic of Korea respectively.

(3)According to Article 15.3.1(g) of the Agreement, the Working Group on Geographical Indications (“GI Working Group”) is established under the auspices of the Trade Committee. 

(4)On 25 November 2021, in the framework of the 8th GI Working Group meeting, the Parties reached an agreement to extend the list of geographical indications (GIs) protected in the Annexes 10-A and 10-B of the Agreement. The amendment of Annexes 10-A and 10-B consists of, inter alia, the update of legislative references, the removal of those geographical indications which are no longer protected in the Union, the modification of certain geographical indications, in particular where the name has changed, and the enlargement of the number of geographical indications protected by the Annexes of the Agreement by adding 43 Union GIs and 41 Korean GIs. 

(5)Pursuant to Article 15.3.5 of the Agreement, the Trade Committee may undertake the work of the Working Group on Geographical Indications.

(6)Pursuant to Article 12.2 of the Annex to Decision No 1 of the Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee 8 , the Trade Committee may adopt decisions by written procedure, if both Parties agree, in the period between the meetings.

(7)At one of its upcoming meetings, or by written procedure, the Trade Committee is to adopt the agreement reached on 25 November 2021.

(8)It is therefore appropriate to establish the position to be taken on the Union's behalf in the Trade Committee, as the Decision will be binding on the Union,

(9)In order to ensure the proper implementation of the protection of GIs under the Agreement, the Trade Committee should update Annexes 10-A and 10-B to the Agreement. The Union’s position within the Trade Committee should be based on the draft attached to this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf in the Trade Committee established by Article 15.1 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea of the other part, as regards the amendment to Annexes 10-A and 10-B of the Agreement shall be based on the draft Decision of the Trade Committee attached as Annex to this Decision.

Article 2

The Decision of the Trade Committee shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

(1)    Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 6).
(2)    Council Decision of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).
(3)    Decision No 1/2019 of the EU-Korea Working Group on Geographical Indications of 17 September 2019 concerning the adoption of its rules of procedure and Council Decision (EU) 2019/845 of 17 May 2019 on the position to be taken on behalf of the European Union, within the Working Group on Geographical Indications established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of its rules of procedure (OJ L 138, 24.5.2019, p. 84).
(4)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
(5)    Council Decision (EU) 2015/2169 of 1 October 2015 on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L307, 25.11.2015, p. 2).
(6)    Notice concerning the provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 168, 28.6.2011, p. 1).
(7)    Notice concerning the entry into force of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 307, 25.11.2015, p. 1).
(8)    Decision No 1 of the EU-Korea Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee (OJ L 58, 1.3.2013, p. 9).
Top

Brussels, 9.9.2022

COM(2022) 446 final

ANNEX

to the

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Trade Committee of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of the Annexes 10-A and 10-B of the Agreement


ANNEX

DECISION No X. OF THE KOREA-EU TRADE COMMITTEE ON THE AMENDMENT OF ANNEXES 10-A AND 10-B OF THE KOREA-EU FREE TRADE AGREEMENT

THE TRADE COMMITTEE,

Having regard to the Free Trade Agreement between the Republic of Korea (hereinafter referred to as “Korea”), of the one part, and the European Union (hereinafter referred to as “EU”) and its Member States, of the other part (herein after referred to as “Agreement” and “Parties”, respectively) and in particular Articles 10.24.1, 10.25.1, 10.25.3, 15.1.4(c) and 15.5.2 thereof,

Whereas:

(1)Pursuant to Article 15.1.4(c) of the Agreement, the Trade Committee may consider amendments to the Agreement or amend provisions of the Agreement in cases specifically provided for in the Agreement.

(2)Article 15.5.2 of the Agreement provides that a decision of the Trade Committee to amend the Annexes, Appendices, Protocols and Notes to the Agreement may be adopted by the Parties, subject to their respective applicable legal requirements and procedures.

(3)Article 10.24.1 of the Agreement allows the Parties to add geographical indications to be protected to Annexes 10-A and 10-B in accordance with the procedure set out in Article 10.25.

(4)Pursuant to Article 10.25.1 of the Agreement, the Working Group on Geographical Indications (hereinafter referred to as Working Group) may make recommendations and adopt decisions by consensus.

(5)Pursuant to Article 10.25.3 of the Agreement, the Working Group may decide to modify Annexes 10-A and 10-B to add individual geographical indications of the EU or Korea or to remove individual geographical indications that cease to be protected by the Party of origin or no longer meet the conditions to be considered a geographical indication in the other Party. It may also decide that a reference to legislation in the Agreement should be taken to be a reference to that legislation as amended and replaced and in force at a particular date after the entry into force of the Agreement.

(6)Pursuant to Article 5.2 of the Decision No 1/2019 of the EU-Korea Working Group on Geographical Indications of 17 September 2019 concerning the adoption of its rules of procedure (hereinafter referred to as “rules of procedure”), the Working Group may decide by consensus to recommend the addition or removal of geographical indications for final decision in the Trade Committee in accordance with Article 10.21.4, Article 10.24 and Article 10.25 of the Agreement.

(7)Pursuant to Article 5.3 of the rules of procedure referring to Articles 15.3.5 and 15.5.2 of the Agreement, the Trade Committee may undertake the task assigned to the GI Working Group and decide to modify Annexes 10-A and 10-B and the Parties may adopt the decision subject to their respective applicable legal requirements and procedures.

(8)In application of Article 10.25.3(c) of the Agreement, the Parties have confirmed the following matters related to references to legislation in the Agreement:

(a)On 17 April 2019, Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 1 referred to in Sub-section C “Geographical Indications” of the Agreement was repealed by Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 2 . Therefore, a reference to Regulation (EC) No 110/2008 in the Agreement should be taken to be a reference to Regulation (EU) 2019/787.

(b)On 21 November 2012, Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs 3  referred to in Sub-section C “Geographical Indications” was repealed by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs 4 . Therefore, a reference to Regulation (EC) No 510/2006 in the Agreement should be taken to be a reference to Regulation (EU) No 1151/2012.

(c)On 26 February 2014, Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails 5  referred to in Sub-section C “Geographical Indications” was repealed by Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/1991 6 . Therefore, a reference to Regulation (EEC) No 1601/1991 in the Agreement should be taken to be a reference to Regulation (EU) No 251/2014.

(d)On 29 April 2008, Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine 7  referred to in Sub-section C “Geographical Indications” was repealed by Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999. The latter Regulation has been repealed by Council Regulation (EC) No 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 8 and its provisions were integrated in Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products 9 . Therefore, a reference to Regulation (EC) No 1493/1999 in the Agreement should be taken to be a reference to Regulation (EC) No 491/2009.

(e)On 17 December 2013, Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) referred to in Sub-section C “Geographical Indications” was repealed by Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 10 . Therefore, a reference to Regulation (EC) No 1234/2007 in the Agreement should be taken to be a reference to Regulation (EU) No 1308/2013.

(f)The Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) of Korea referred to in Sub-section C “Geographical Indications” has been amended. On 21 December 2021, Agricultural and Fishery Products Quality Control Act (Act No. 18599, Dec. 21, 2021) has been applied 11 . Therefore, a reference to the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) in the Agreement should be taken to be a reference to the Agricultural and Fishery Products Quality Control Act (Act No. 18599, Dec. 21, 2021).

(g)The Liquor Tax Act (Act No. 8852, Feb. 29, 2008) of Korea referred to in Sub-section C “Geographical Indications” has been amended. On 1 January 2021, specific provisions with respect to the administrative procedures related to production and sales, etc. of liquor stipulated in the Liquor Tax Act have been incorporated in the Liquor License Act (unofficial translation / Act No. 17761, Dec. 29, 2020) and have been applied 12 . As of January 2022, both the Liquor Tax Act (Act No. 18593, Dec. 21, 2021) 13 and The Liquor License Act (Act No.18723, Jan. 6, 2022) 14  have been applied. Therefore, a reference to the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) in the Agreement should be taken to be a reference to the Liquor Tax Act (Act No. 18593, Dec. 21, 2021) and the Liquor License Act (Act No.18723, Jan. 6, 2022).

(9)The Parties have agreed to add 44 geographical indications of the EU and 41 geographical indications of Korea to Annexes 10-A and 10-B through the following process:

(a)During the seventh meeting of the Working Group, held in Seoul on 6 November 2019, the Parties discussed the modalities to amend Annexes 10-A and 10-B of the Agreement pursuant to Articles 10.24 and 10.25.3 and agreed to continue discussions in the following months aiming to reach an agreement related to the addition of new geographical indications at the following Working Group.

(b)Following the request of the Parties and pursuant to Articles 10.18.3 and 10.18.4, as well as to Articles 10.24 and 10.25 of the Agreement, the EU has completed the opposition procedure and the examination of 41 geographical indications of Korea. Korea has completed the opposition procedure and the examination of 44 geographical indications of the EU.

(10)The Parties have agreed to remove three geographical indications of the EU and four geographical indications of Korea from Annexes 10-A and 10-B through the following process:

(a)On 25 October 2016, the EU notified Korea on the cessation of protection of a Spanish geographical indication and requested the removal of the name “Pacharán” from the Annex 10-B of the Agreement, in accordance with Article 10.25.3(b), as it ceased to be protected in the EU.

(b)Having reviewed the geographical indications of the EU protected in the Agreement and in light of Commission Regulation (EU) 2019/674 of 29 April 2019 amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks 15 , the EU requested on November 2020 the removal of the name “Polish Cherry” from Annex 10-B of the Agreement, in accordance with Article 10.25.3(b), as it is ceased to be protected in the EU.

(c)Korea notified and requested on 15 March 2021 the removal of the geographical indications “Muan White Lotus Tea (무안백련차)” and “Cheongyang Powdered Hot Pepper (청양고춧가루)” from the list of geographical indications of Korea in Part B of Annex 10-A to the Agreement, in accordance with Article 10.25.3(b), as those are ceased to be protected in Korea.

(d)Following the withdrawal of the United Kingdom from the Union as from 1 January 2021, the Parties confirmed, during the technical meeting (virtual) held on 16 March 2021, that the geographical indication “Scotch Whisky” should be removed from the names listed in Annex 10-B of the Agreement.

(e)Korea notified and requested during the ninth meeting of the Working Group held on in 8 December 2021 the removal of the geographical indications “Seosan Garlic (서산마늘)” and “Yeoju Sweet Potato (여주고구마)” from the list of geographical indications of Korea in Part B of Annex 10-A to the Agreement, in accordance with Article 10.25.3(b), as those are ceased to be protected in Korea.

(11)The Parties have agreed to replace four geographical indications of the EU in Annex 10-A of the Agreement which underwent name changes with the updated corresponding geographical indications through the following process:

(a)On 13 July 2017, the EU notified Korea that four geographical indications protected in the Agreement underwent name changes 16 . The EU proposed to update the corresponding names and transcriptions in the list of EU geographical indications currently protected in Korea.

(b)In the same notification, the EU requested that the geographical indication “Originali lietuviška degtinė/vodka lituanienne originale”, proposed for addition to Annex 10-B, be changed to “Originali lietuviška degtinė/Original Lithuanian vodka” (transcription 오리지널 리투아니아 드카).

(12)Pursuant to Article 12.2 of the Annex to Decision No 1 of the EU-Korea Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee 17 , the Trade Committee can adopt decisions by written procedure, if both Parties agree, in the period between the meetings of the Trade Committee. The written procedure would consist of an exchange of notes between the Chairpersons of the Trade Committee.

HAS ADOPTED THIS DECISION:

Article 1

References to EU and Korean legislation in Chapter 10, Section B, Sub-section C “Geographical Indications” footnotes (51), (53) – (55) in the version of the Agreement published in the EU or the same footnotes numbered as (2), (4)-(6) in the version of the Agreement published in Korea 18 , shall be taken as references to that legislation as amended or replaced in accordance with Annex I to this Decision.

Article 2

Annex 10-A and 10-B to the Agreement shall be amended as follows:

(1)addition of the geographical indications listed in Annex II to this Decision under the corresponding list of geographical indications of the respective Member State of the EU in Part A of Annex 10-A to the Agreement;

(2)addition of the geographical indications listed in Annex III to this Decision under the corresponding list of geographical indications of Korea in Part B of Annex 10-A to the Agreement;

(3)addition of the geographical indications listed in Annex IV to this Decision under the corresponding list of geographical indications of the respective Member State of the EU in Section 1 and Section 2 of Part A of Annex 10-B to the Agreement;

(4)addition of the geographical indications listed in Annex V to this Decision under the corresponding list of geographical indications of Korea in Part B of Annex 10-B to the Agreement; 

(5)removal of the geographical indications “Pacharán” (Spain), “Polska Wiśniówka/Polish Cherry” (Poland) and “Scotch Whisky” (United Kingdom) from the list of geographical indications in Section 2 of Part A of Annex 10-B to the Agreement;

(6)removal of the geographical indications “Seosan Garlic (서산마늘)”, “Muan White Lotus Tea (무안백련차)” and “Cheongyang Powdered Hot Pepper (청양고춧가루), “Yeoju Sweet Potato (여주고구마)” from the list of geographical indications of Korea in Part B of Annex 10-A to the Agreement; and

(7)replacement of the geographical indications which underwent name changes in the list of geographical indications of the respective Member State of the EU in Part A of Annex 10-A to the Agreement with the corresponding geographical indications names listed in Annex VI to this Decision.

Article 3

This Decision shall enter into force on the first day of the month following the date on which the Parties exchange written notifications through diplomatic channels certifying that they have completed their respective applicable legal requirements and procedures necessary for its entry into force.

Done (at)



Annex I

References to EU and Korean legislation in Chapter 10, Section B, Sub-section C “Geographical Indications” footnotes (51), (53) – (55) in the version of the Agreement published in the EU or the same footnotes numbered as (2), (4)-(6) in the version of the Agreement published in Korea, shall be taken as references to that legislation as amended or replaced in the following ways:

(1)For the references to EU legislation:

(a)References to “Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89” shall be replaced by references to “Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008”;

(b)References to “Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs” shall be replaced by references to “Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs”;

(c)References to “Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails” shall be replaced by references to “Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/1991”;

(d)References to “Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine”, which was repealed by Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999”, shall be replaced by references to “Council Regulation (EC) No 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)”; and

(e)References to “Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)” shall be replaced by references to “Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007”.

(2)For the references to Korean legislation:

(a)References to the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) shall be replaced by references to the Agricultural and Fishery Products Quality Control Act (Act No. 18599, Dec. 21, 2021); and

(b)References to the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) shall be replaced by references to the Liquor Tax Act (Act No. 18593, Dec. 21, 2021) and the Liquor License Act (Act No.18723, Jan. 6, 2022).



Annex II

Country Code

Name to be protected

Product

Transcription into Korean alphabet

AT

Steirisches Kürbiskernöl

Pumpkin seed oil

슈타이리쉐스 퀴르비스케른욀

CY

Λουκούμι Γεροσκήπου / Loukoumi Geroskipou

Confectionery

루꾸미 게로스끼뿌

DE

Hopfen aus der Hallertau

Hops

할러타우 홉펜

DE

Lübecker Marzipan

Confectionery

뤼베커 마르지판

DE

Nürnberger Lebkuchen

Confectionery

뉘른베르거 렙쿠헨

DE

Schwarzwälder Schinken

Ham

슈바르츠벨더 쉰켄

DK

Danablu

Cheese

다나블루

ES

Aceite de Terra Alta/Oli de Terra Alta

Olive oil

아쎄이떼 데 떼라 알따; 올리 데 떼라 알따

ES

Aceite Monterrubio

Olive oil

아쎄이떼 몬떼루비오

ES

Estepa

Olive oil

에스떼빠

ES

Les Garrigues

Olive oil

레스 가리게스

ES

Sierra de Cazorla

Olive oil

씨에라 데 까쏘를라

ES

Siurana

Olive oil

씨우라나

EL

Καλαμάτα / Kalamata 19

Olive oil

칼라마타

EL

Σητεία Λασιθίου Κρήτης / Sitia Lasithiou Kritis

Olive oil

시티아 라시티우 크리티스

EL

Λακωνία / Lakonia

Olive oil

라코니아 

EL

Γραβιέρα Κρήτης / Graviera Kritis

Cheese

그라비에라 크리티스

EL

Κασέρι / Kasseri

Cheese

카세리

IT

Aceto Balsamico di Modena

Vinegar

아체토 발사미코 디 모데나

IT

Bresaola della Valtellina

Ham

브레사올라 델라 발텔리나

IT

Kiwi Latina

Kiwi

키위 라티나

IT

Mela Alto Adige / Südtiroler Apfel

Apple

멜라 알토 아디제; 수드티롤레르 아펠

IT

Toscano

Olive oil

토스카노

IT

Pecorino Toscano

Cheese

페코리노 토스카노

IT

Salamini italiani alla cacciatora

Salami

살라미니 이탈리아니 알라 카차토라

NL

Edam Holland

Cheese

에담 홀란드

NL

Gouda Holland

Cheese

고다 홀란드



Annex III

Name to be protected

Product

Transcription into Latin alphabet

천안배(Cheonan Bae (Pear))

Pear

Cheonan Bae

나주배(Naju Bae (Pear))

Pear

Naju Bae

안성배(Anseong Bae (Pear))

Pear

Anseong Bae

고려흑삼제품(Korean Black Ginseng Product)

Black Ginseng Products

Goryeo Heuksamjepum

예산사과(Yesan Apple)

Apple

Yesan Sagwa

안성쌀(Anseong Ssal (Rice))

Rice

Anseong Ssal

영월고춧가루(Yeongwol Red Pepper Powder)

Red Pepper Powder

Yeongwol Gochutgaru

고려흑삼(Korean Black Ginseng)

Black Ginseng

Goryeo Heuksam

보성웅치올벼쌀(Boseong Ungchi Olbyeossal)

Rice

Boseong Ungchi Olbyeossal

김포쌀(Gimpo Ssal (Rice))

Rice

Gimpo Ssal

진도검정쌀(Jindo Black Rice)

Rice

Jindo Geomjeong Ssal

군산쌀(Gunsan Ssal (Rice))

Rice

Gunsan Ssal

영월고추(Yeongwol Red Pepper)

Red Pepper

Yeongwol Gochu

영천포도(Yeongcheon Grapes)

Grape

Yeongcheon Podo

무주사과(Muju Apple)

Apple

Muju Sagwa

삼척마늘(Samcheok Garlic)

Garlic

Samcheok Maneul

김천자두(Gimcheon Jadu (Plum))

Plum

Gimcheon Jadu

영동포도(Yeongdong Grapes)

Grape

Yeongdong Podo

문경오미자(Mungyeong Omija)

Omija

Mungyeong Omija

청도반시(Cheongdo Seedless Flat Persimmon)

Persimmon

Cheongdo Bansi

평창산양삼(PyeongChang Wild-cultivated Ginseng)

Wild-cultivated Ginseng

PyeongChang Sanyangsam

보은대추(Boeun Jujube)

Jujube

Boeun Daechu

충주밤(Chungju Bam (Chestnut))

Chestnut

Chungju Bam

가평잣(Gapyeong Korean Pine nuts)

Pine Nut

Gapyeong Jat

정선곤드레(Jeongseon Gondre)

Gondre (Korean Thistle)

Jeongseon Gondre

영동곶감(Yeongdong Persimmon Dried)

Persimmon

Yeongdong Gotgam

부여표고(Buyeo Pyogo (Oak mushroom))

Oak Mushroom

Buyeo Pyogo

완도미역(Wando Sea mustard)

Sea Mustard

Wando Miyeok

완도다시마(Wando Sea tangle)

Sea Tangle

Wando Dasima

기장미역(Gijang sea mustard)

Sea Mustard

Gijang Miyeok

기장다시마(Gijang sea tangle)

Sea Tangle

Gijang Dasima

완도김(Wando Laver)

Laver

Wando Gim

장흥김(Jangheung Laver)

Laver

Jangheung Gim

여수굴(Yeosu Gul (Yeosu Oyster))

Oyster

Yeosu Gul

고흥미역(Goheung Dried Sea mustard)

Sea Mustard

Goheung Miyeok

고흥다시마(Goheung Dried Sea tangle)

Sea Tangle

Goheung Dasima

신안김(Sinan Gim (Laver))

Laver

Sinan Gim

해남김(Haenam Gim (Laver))

Laver

Haenam Gim

고흥김(Goheung Laver)

Laver

Goheung Gim

고흥굴(Goheung Gul (Oyster))

Oyster

Goheung Gul



Annex IV

Section 1

Wines originating in the European Union

Country Code

Designation Name

Transcription into Korean alphabet

CY

Κουμανδαρία (transcription into Latin alphabet: Commandaria )

꼬만다리아

DE

Franken

프랑켄

ES

Utiel-Requena

우띠엘 레께나

FR

Pays d'Oc

패이 독  / 뻬이 독

FR

Romanée-Conti

로마네 콘티 / 로마네 꽁띠

FR

Pauillac

포이약 / 뽀이약

FR

Saint-Estèphe

세인트 에스테브 / 쎙 에스테프

IT

Prosecco

프로세코

RO

Cotnari

코트나리

SI

Vipavska dolina

비파브스카 돌리나

SK

Vinohradnícka oblasť Tokaj

비노흐라드니스카 오블라스트 토카이



Section 2

Spirits originating in the European Union

Country Code

Designation Name

Transcription into Korean alphabet

CY

Ζιβανία/Τζιβανία/Ζιβάνα/Zivania

지바니아

ES

Brandy del Penedés

브란디 델 뻬네데스

EL

Τσίπουρο/Tsipouro

치푸로

IE

Irish Cream

아이리쉬 크림

LT

Originali lietuviška degtinė/Original Lithuanian vodka

오리지널 리투아니아 보드카

BE+NL+FR+DE

Genièvre/Jenever/Genever

예네이버/제니버





Annex V

Name to be protected

Transcription into Latin alphabet

무주머루와인 (Muju Wild Grape Wine)

Muju Meoru Wine


Annex VI

FRANCE

Huile essentielle de lavande de Haute-Provence/Essence de lavande de Haute-Provence 20

Lavender essential oil

윌 에썽씨엘 드 라벙드 드 오뜨 프로방스 / 에썽스 드 라벙드 드 오뜨 프로방스 (오뜨 프로방스 라벙드 에센스 오일)

ITALY

Prosciutto di San Daniele 21

Ham

프로슈토 디 산 다니엘레(생햄)

SPAIN

Jamón de Teruel/Paleta de Teruel 22

Ham

하몬 데 떼루엘 / 빨레따 데 떼루엘

Jabugo 23

Ham

하부고

(1)  OJ L 39, 13.2.2008, p. 16.
(2) OJ L 130, 17.5.2019, p. 1.
(3)  OJ L 93, 31.3.2006, p. 12.
(4)  OJ L 343, 14.12.2012, p. 1.
(5)  OJ L 149, 14.6.1991, p. 1.
(6)  OJ L 84, 20.3.2014, p. 14.
(7)  OJ L 179, 14.7.1999, p. 1.
(8)  OJ L 154, 17.6.2009, p.1.
(9)  OJ L 299, 16.11.2007, p. 1.
(10)  OJ L 347, 20.12.2013, p. 671.
(11)  대한민국정부 관보 20151(official gazette 20151), 2021.12.21, p.47.
(12)  대한민국정부 관보 19907(official gazette 19907), 2020.12.29, p.110.
(13)  대한민국정부 관보 20151(official gazette 20151), 2021.12.21, p.39.
(14)  대한민국정부 관보 20163 별권1(official gazette 20163, separate volume 1), 2021.1.6, p.4
(15) OJ L 114, 30.4.2019, p. 7.
(16) “Huile essentielle de lavande de Haute-Provence” became “Huile essentielle de lavande de Haute-Provence/Essence de lavande de Haute-Provence” (transcription:  에썽씨엘  라벙드  오뜨 프로방스 / 에썽스  라벙드  오뜨 프로방스 (오뜨 프로방스 라벙드 에센스 오일) – “Prosciutto di S. Daniele” became "Prosciutto di San Daniele" (transcription remains the same) – “Jamon de Teruel” became “Jamón de Teruel/Paleta de Teruel” (transcription: 하몬  떼루엘 / 빨레따  떼루엘) – “Jamón de Huelva” became “Jabugo” (transcription: 하부고).
(17) OJ L 58, 1.3.2013, p. 9.
(18)  대한민국 관보 17538(2) (official gazette 17538, separate volume 2), 2011.6.28, p.800
(19)

The protection of the GI “Kalamata” shall not prevent the use of the name of a plant variety with respect to olives in the territory of Korea. That formulation does not alter or diminish the protection already given by the Agreement to the protected GI “Elia Kalamatas”.

(20) “Huile essentielle de lavande de Haute-Provence” became “Huile essentielle de lavande de Haute-Provence/Essence de lavande de Haute-Provence”.
(21) “Prosciutto di S. Daniele” became "Prosciutto di San Daniele".
(22) “Jamon de Teruel” became “Jamón de Teruel/Paleta de Teruel”.
(23) “Jamón de Huelva” became “Jabugo”.
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