Overview of EU geographical indications (GIS) protected with treatments

Australia will protect all 396 of the EU’s requested GIs, most of which were not found to be used by Australian producers and therefore their protection is unlikely to have any significant commercial impact in Australia. Certain terms identified as commercially valuable to Australian producers will be protected with negotiated flexibilities as outlined below.

Continued use

Australian producers can continue to use certain terms, provided such use is not misleading. Key examples include:

Grandfathering (11 terms)

'Prior users' can continue to label their products with the below relevant terms. To be a 'prior user', they must be able to prove they used the term continuously and in good faith for at least five years before entry into force.

Phasing out (10 terms, including prosecco)

The following terms will be phased out (discontinued) of use to describe a product over the relevant duration.

DISCLAIMER: The below of geographical indications (GIs) is for reference only and is without prejudice to the final outcome of the A-EU FTA. The official text of the agreement, including the annexes containing the EU GIs to be protected, will be published in due course.

For greater clarity, the EU has confirmed examples of where the protection would not extend to the use of parts of EU GI names. This is identified in the list below by text that has been underlined. For example, for the EU GI "Camembert de Normandie", protection is not sought for the name "camembert" when used by itself.

List of EU geographical indications to be protected

¹ The protection of the geographical indication "Budějovické pivo" is sought in the Czech language only.

² The protection of the geographical indication "Budějovický měšťanský var" is sought in the Czech language only.

³ The protection of the geographical indication "Českobudějovické pivo" is sought in the Czech language only.

⁴ For greater certainty, the protection of the geographical indication "Žatecký chmel" does not prevent the use in Australia of the term "Saaz hops" related to a plant variety of hops, provided that the consumer is not misled as to the origin of the good.

⁵ The protection of the geographical indication "Bayerisches Bier" shall not prevent prior users* of the term "Bavarian" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

*For Australia, a prior user's ability to use the term "Bavarian" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

⁶ The protection of the geographical indication "Münchener Bier" shall not prevent prior users* of the term "Munich" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Munich" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

⁷ The protection of the geographical indication "Nürnberger Bratwürste / Nürnberger Rostbratwürste" shall not prevent prior users* of the terms "Nürnberger Bratwürste" or "Nuremberg" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

*For Australia, a prior user's ability to use the term "Nürnberger Bratwürste" or "Nuremberg" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

⁸ For greater certainty, the protection of the geographical indication "Schwarzwälder Schinken" under this Agreement does not extend to the term "black forest", provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

⁹ Protection of the geographical indication "Irish Cream" is sought according to the disciplines of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ EU L 029, 31.1.2020, p. 7) (hereinafter referred to as "Withdrawal Agreement").

¹⁰ Protection of the geographical indication "Irish Poteen / Irish Poitín" is sought according to the disciplines of the Withdrawal Agreement.

¹¹ Protection of the geographical indication "Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky" is sought according to the disciplines of the Withdrawal Agreement.

¹² For greater certainty, the protection of the geographical indication "Ελιά Καλαμάτας / Elia Kalamatas" does not prevent the use in Australia of the term "Kalamata" related to a plant variety of table olives, provided that the consumer is not misled as to the origin of the good.

¹³ For greater certainty, the protection of the geographical indication "Καλαμάτα / Kalamata" does not prevent the use in Australia of the term "Kalamata" related to the plant variety of olives used in the production of olive oil, provided that the consumer is not misled as to the nature of such term and the origin of the good.

¹⁴ The protection of the geographical indication "Τσικουδιά / Tsikoudia / Τσίπουρο / Tsipouro" shall not prevent the continued and similar use of the term "Tsipouro" by any persons, for a maximum of seven years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of the term "Tsipouro" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

¹⁵ The protection of the geographical indication " Φέτα / Feta" shall not prevent prior users* of the term "Feta" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the entry into force of this Agreement, to continue using this term provided that the associated good is not commercialised,

including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good. Packaged sales of the product must contain a country of origin label.

* For Australia, a prior user's ability to use the term "Feta" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

¹⁶ The protection of the geographical indication "Vinagre de Jerez" shall not prevent the continued and similar use of the term "sherry vinegar" by any persons, for a maximum of five years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of that term in good faith in Australia. During those years, the use of the term "sherry vinegar" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

¹⁷ The protection of the geographical indication "Beaufort" shall not prevent the use in the territory of Australia of this indication when used to refer to the Australian place named "Beaufort", provided it is not used as the name of a type of cheese.

¹⁸ For greater certainty, the protection of the geographical indication " Eau-de-vie de Cognac / Eau-de-vie des Charentes / Cognac" does not prevent the use in Australia of the term "cognac-finish" or another with similar meaning in the territory of Australia, provided that the consumer is not misled as to the origin of the good.

¹⁹ The protection of the geographical indication "Gruyère" shall not prevent prior users* of the term "Gruyere" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Gruyere" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

The protection of the geographical indication "Gruyère" shall not prevent the use of the term "Gruyère" in cheeses from Switzerland.

The protection of the geographical indication "Gruyère" shall not prevent the use in the territory of Australia of this indication when used to refer to the Australian place named "Gruyere" provided it is not used as the name of a type of cheese.

²⁰ The protection of the geographical indication "Munster / Munster-Géromé" shall not prevent the continued and similar use of the term "Munster" by any persons, for a maximum of five years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of this term must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

²¹ For greater certainty, the protection of the geographical indication "Roquefort" does not prevent the use in the territory of Australia of the term "Penicillium roqueforti" when used to refer to the mould culture, provided that the consumer is not misled as to the origin of the good.

²² The protection of the geographical indication "Slavonski kulen / Slavonski kulin" shall not prevent the continued and similar use of the term "Slavonski" by any persons, for a maximum of five years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of the term "Slavonski" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

²³ The protection of the geographical indication "Finocchiona" shall not prevent prior users* of the term "Finocchiona" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Finocchiona" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

For greater certainty the protection of the geographical indication "Finocchiona" under this Agreement does not prevent the use in good faith of the term "Fennel sausage".

²⁴ The protection of the geographical indication "Fontina" shall not prevent the continued and similar use of the term "Fontina" by any persons, for a maximum of five years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of this term must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

²⁵ The protection of the geographical indication "Grappa" shall not prevent prior users* of the term "Grappa" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Grappa" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

²⁶ The protection of the geographical indication "Mortadella Bologna" shall not prevent prior users* of the term "Bologna" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Bologna" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

For greater certainty, the protection of the geographical indication "Mortadella Bologna" under this Agreement does not extend to the terms "baloney" and "poloney".

²⁷ For greater certainty, the protection of the geographical indication "Parmigiano Reggiano" does not extend to the term "Parmesan". Use of the term "Parmesan" must not include a false or misleading representation concerning the place of origin of the good. Packaged sales of cheese labelled as "Parmesan" must contain a country of origin label.

²⁸ The protection of the geographical indication "Pecorino Romano" shall not prevent prior users* of the term "Romano" in Australia, having used the term in good faith at the wholesale level for at least five years prior to the entry into force of this agreement, to continue using this term at the levels of the supply chain other than the retail level.

* For Australia, a prior user's ability to use the term "Romano" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

The protection of the geographical indication "Pecorino Romano" shall not prevent the continued and similar use of the term "Romano" at the retail level by any persons for a maximum of five years from the entry into force of this Agreement, provided that at entry into force of this Agreement they have made commercial use of this term at the retail level in good faith in Australia. During those years, the use of this term must be accompanied by a legible and visible indication of the geographical origin of the good concerned. For greater certainty, after those years, nothing shall authorise the use by any person of this term in marketing, advertising or sales to the public at the retail level.

²⁹ For greater certainty, the protection of the geographical indication "Csabai kolbász / Csabai vastagkolbász" under this Agreement does not prevent the use in good faith of the term "Csabai", provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

³⁰ The protection of the geographical indication "Szegedi szalámi / Szegedi téliszalámi" shall not prevent the continued and similar use of the term "Szegedi" by any persons, for a maximum of five years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of the term "Szegedi" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.

³¹ The protection of the geographical indication "Tiroler Speck" shall not prevent prior users* of the term "Tiroler" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "Tiroler" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

³² For greater certainty, the protection of the geographical indication "Kranjska klobasa" under this Agreement does not extend to the terms "kransky / kranski", provided that the good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

³³ The protection of the geographical indication "Genièvre de grains / Graanjenever / Graangenever" shall not prevent prior users* of the term "grain jenever" in Australia, having used the term in good faith and in a continuous manner for at least five years prior to the date of entry into force of this Agreement, to continue using this term, provided that the associated good is not commercialised, including packaged, labelled, advertised or sold, in a manner that is false, misleading or deceptive or is likely to mislead or deceive as to the origin of the good.

* For Australia, a prior user's ability to use the term "grain jenever" shall not be affected by a change in the ownership of the prior user. Further, a prior user's ability to use this term shall not include the transfer of the use of this term on its own. Australia shall establish and share with the Union a list of prior users before the date of signature of this Agreement.

³⁴ The protection of the geographical indication "Ouzo / Oύζο " shall not prevent the continued and similar use of the term "Ouzo" by any persons, for a maximum of seven years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have made commercial use of this term in good faith in Australia. During those years, the use of the term "Ouzo" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.