geographical indications: a success story of european agriculture raimondo serra, agricultural...
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Geographical Indications:A Success Story of European Agriculture
Raimondo Serra, Agricultural CounsellorDelegation of the European Commission to China
International Symposium on Geographical Indications jointly organized by the World Intellectual Property Organization (WIPO) and
the State Administration for Industry and Commerce (SAIC) of the People Republic of China
Beijing, June 26 to 28, 2007
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Outline
Legislation in force Basic concepts Main figures Why do Gis matter? Third country applications
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The European Union
27 Member States
490 million consumers
14 million farmers
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GI Legislation in the EU since 1992
The European Community adopted a “sui generis
legislation on Geographical Indications” for agricultural
products other than wines and spirits in 1992:
Regulation (EEC) n° 2081/92 on the protection of
geographical Indications and designations of origin for
agricultural products and foodstuffs.
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Legislation updated in 2006 Regulation (EC) n° 510/06
In March 2006, the EU has made the registration procedure for Protected Designations of Origin (PDOs) and Protected Geographical Indications (PGIs) more efficient and fully WTO compatible adopting Regulation (EC) n° 510/06 on the protection of Geographical indications and designations of origin for agricultural products and foodstuffs
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Regulation 510/2006
On GIs and Designations of
Origin
Agr. Products: Fresh meat, dairy,honey, oils & fats,
fruit & veg, fresh fish, spices
Foodstuffs:beers, beverages
from plant extracts,pasta, pastry,
mustard paste
Other agr. productshay, cork, essentialoils, wool, flowers
& plants, wicker
Wines & spirits andhandcrafts products
NOT covered(other regulations)
SCOPE OF THE REGULATION
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Designation of origin (PDO) means... the name of a region, a specific place or, in exceptional
cases, a country, used to describe an agricultural product or a foodstuff:
originating in that region, specific place or country, and the quality or characteristics of which are essentially or
exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area
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Protected Geographical Indication (PGI) means... the name of a region, a specific place or, in
exceptional cases, a country, used to describe an agricultural product or a foodstuff:
originating in that region, specific place or country, and
which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area
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Protection granted in EU
Object of the protection :The registered names (not the product itself)
Scope of the protection. Protected against :a) any direct or indirect commercial use of the namefor comparable products or if using the name exploits the reputation of the protected name
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Protection granted…
b) any misuse, indication or evocation, even if- the true origin is indicated- the protected name is translated- the protected name is accompanied by “type”, “method” or similar
c) any other false or misleading indications as to the provenance, origin, nature or essential qualities of the product
d) any other practice liable to mislead the public as to the true origin of the product
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Specifications name description of the product definition of the geographical area evidence that the product originates in the
geographical area method of obtaining the product causal link with the geographical environment
or origin inspection body
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– Description:
The product is derived from lambs born, reared throughout their lives, slaughtered and dressed in the designated geographical area.
– Geographical area:
The area is defined as the mainland of Scotland, including the islands off the west coast, Orkney and Shetland.
Example: Scotch Lamb (PGI)
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Example: Scotch Lamb (PGI)
– Method of production:
Lambs are born and reared throughout their lives in the designated geographical area. The animals will have been produced and slaughtered in accordance with quality assurance schemes accredited to European Standard EN 45011 (ISO Guide 65) and having the same standards, assessments and assessment frequencies as those set by the applicant. They are slaughtered and dressed in the designated geographical area in accordance with the specifications.
– Link:
Scotch Lamb has a quality and characteristics arising from extensive grazing on the characteristic pastures of Scotland.
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Distribution of PDOs/PGIs in the EU(updated May 2007)
050
100150200250300350400450
PDO
PGI
PDO 22 25 144 89 75 74 429
PGI 81 61 12 14 95 36 317
MeatMeat
productsCheeses
Olive oils & others
Fruits Others Total
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Distribution by EU Member State (May 2007)
Franc
eIta
ly
Portu
gal
Greec
e
Spain
Germ
any
Unite
d Kin
gdom
Austri
a
Nethe
rlands
Belgi
um
Luxem
burg
Denm
ark
Irela
nd
Sweden
Finlan
d
Czech
Rep
ublic
Slove
nia
PDO PGI
153 159
104
84
104
69
29
125 4
3 4 3 616 2
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Why do GIs matter?
GIs are important to the future of EU agriculture:– to contribute to a reorientation towards quality as
opposed to quantity;– to encourage the diversification of agricultural
production;– to keep value-added in local areas– to provide producers with a higher income in return
from genuine efforts to improve quality; and – to provide consumers with high quality products with
the guarantee of their mode of production and origin.
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Why do GIs matter?GIs are important because they:
– help producers to obtain a premium price for their products in exchange for guarantees offered to consumers on production methods and quality;
– increase production and create local development;– allow for a better redistribution of the added value in the
production chain; – bring value to the land of origin;– prevent the re-localisation of production;– encourage diversification in production, thus preserving
the biodiversity, local know-how and natural resources;– have a positive impact on tourism.
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Comparative advantages of GI labels
Numbers of farms
Annual Working Unit/farm
Total AWU
Income/AWU
Nitrogen loss/kg ha-1
8,400
2,5
21,000
239
5,000
1,7
8,500
309
“Bulk” model Friesland (Netherlands)
“Quality” modelParmegiano Reggiano (Italy)
Source: “High quality products and regional specialties: a promising trajectory for endogenous and sustainable development”,Prof. Jan Douwe van der Ploeg, OECD, Siena, Italy, 10-12 July 2002
<<
<<
<<
equal
>>
Friesland and Emilia Romagna cheeses compared
1,57 billion kg of milk
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Numbers of farms
Total Annual Working Unit
Agricultural land
Land management
1.000
3.000 (450 in Loué)
9.500 ha grass land24.000 ha cereals
750.000 trees planted1.200 km hedges planted
150
500
not land-based
nil
“Bulk” model “Quality” modelPGI ‘Volailles de Loué’
Source: Institut National des Appellations d’Origine, France 2004
Effect on rural areas; example of PGI ‘Volailles de Loué’ (France)
Comparative advantages of GI labels
<<
<<
30 million broilers p. year
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Third country applicationsWhile the EU’s quality designation systems have for a longtime been open to producers in non-EU countries, since31 March 2006: applications for registration of PDOs, PGIs by
producers in third countries Objections to applications by individuals in third
countriescan be made directly to the Commission as opposed to vianational government channels.
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WTO panel ruling on GIs (2004)
upheld integrity of EU’s GI system
questioned the ‘reciprocity and equivalence’ requirement and the registration process for third countries’ applicants
called for implementation by April 3, 2006
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Implementation of WTO panel ruling
formal deletion of ‘reciprocity and equivalence’ requirement from regulations
streamlining of registration process for third countries operators, who can now submit applications and objections directly rather than only through their governments
revised regulation entered into force on March 31, 2006
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Registration for non-EU countries producers
Group of producers or individuals applies Application includes specifications, “single
document” (intended for publication) and proof of protection in country of origin
Sent to European Commission directly or via national authorities
Third country applications most welcome!
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Colombia presented an application for « Cafe de Colombia »
Application received by the Commission on 8.6.2005
First published in the OJ C 320 of 28.12.2006, p. 17.
Six months opposition period currently running
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If the name qualifies for protection:
The Commission publishes (Official Journal of the European Communities) : – Name and address of the applicant,– Name of the product,– Main points of the application
• (single document)
The Commission makes public specifications
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The single document (1/2)
PGI or PDO
1- Name proposed for registration
2- Country
3- Applicant group– Name of Group– Address
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The single document (2/2)
4- Description of the agricultural product or foodstuff– Type of product– Description of the product to which the names
applies– Specific rules concerning packaging– Specific rules concerning labelling
5- Concise definition of the geographic area
6- Link with the geographical area Weblink to specifications
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Thank you for your attention!
Further information at:http://europa.eu.int/qualityfood