Presentation on theme: "Geographical Indications: A Success Story of European Agriculture"— Presentation transcript:
1Geographical Indications: A Success Story of European Agriculture Raimondo Serra, Agricultural CounsellorDelegation of the European Commission to ChinaInternational Symposium on Geographical Indicationsjointly organized by the World Intellectual Property Organization (WIPO) andthe State Administration for Industry and Commerce (SAIC)of the People Republic of ChinaBeijing, June 26 to 28, 2007
2Outline Legislation in force Basic concepts Main figures Why do Gis matter?Third country applications
3The European Union 27 Member States 490 million consumers 14 million farmers
4GI 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.
5Legislation 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
7Designation 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, andthe 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 area2
8Protected 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, andwhich 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 area3
9Protection 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
10Protection 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 similarc) any other false or misleading indications as to the provenance, origin, nature or essential qualities of the productd) any other practice liable to mislead the public as to the true origin of the product
11Specifications name description of the product definition of the geographical areaevidence that the product originates in the geographical areamethod of obtaining the productcausal link with the geographical environment or origininspection body
12Example: Scotch Lamb (PGI) 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.
13Example: 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.
14Distribution of PDOs/PGIs in the EU (updated May 2007)
16Why 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 areasto provide producers with a higher income in return from genuine efforts to improve quality; andto provide consumers with high quality products with the guarantee of their mode of production and origin.
17Why 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.
18Comparative advantages of GI labels Friesland and Emilia Romagna cheeses compared1,57 billion kg of milk“Bulk” modelFriesland (Netherlands)“Quality” modelParmegiano Reggiano (Italy)Numbers of farmsAnnual Working Unit/farmTotal AWUIncome/AWUNitrogen loss/kg ha-15,0001,78,500309<<equal>>8,4002,521,000239Source: “High quality products and regional specialties: a promising trajectory for endogenous and sustainable development”,Prof. Jan Douwe van der Ploeg, OECD, Siena, Italy, July 2002
19Comparative advantages of GI labels Effect on rural areas; example of PGI ‘Volailles de Loué’ (France)30 million broilers p. year“Bulk” model“Quality” modelPGI ‘Volailles de Loué’Numbers of farmsTotal Annual Working UnitAgricultural land Land management150500not land-basednil<<1.000(450 in Loué)9.500 ha grass land ha cerealstrees planted km hedges plantedSource: Institut National des Appellations d’Origine, France 2004
20Third country applications While 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 countriesObjections to applications by individuals in third countriescan be made directly to the Commission as opposed to vianational government channels.
21WTO panel ruling on GIs (2004) upheld integrity of EU’s GI systemquestioned the ‘reciprocity and equivalence’ requirement and the registration process for third countries’ applicantscalled for implementation by April 3, 2006
22Implementation of WTO panel ruling formal deletion of ‘reciprocity and equivalence’ requirement from regulationsstreamlining of registration process for third countries operators, who can now submit applications and objections directly rather than only through their governmentsrevised regulation entered into force on March 31, 2006
23Registration for non-EU countries producers Group of producers or individuals appliesApplication includes specifications, “single document” (intended for publication) and proof of protection in country of originSent to European Commission directly or via national authorities Third country applications most welcome!
24Colombia presented an application for « Cafe de Colombia » Application received by the Commission onFirst published in the OJ C 320 of , p. 17.Six months opposition period currently running
25If 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
26The single document (1/2) PGI or PDO1- Name proposed for registration2- Country3- Applicant groupName of GroupAddress
27The single document (2/2) 4- Description of the agricultural product or foodstuffType of productDescription of the product to which the names appliesSpecific rules concerning packagingSpecific rules concerning labelling5- Concise definition of the geographic area6- Link with the geographical areaWeblink to specifications
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