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Markus kiev gi aug 2011ENG
 

Markus kiev gi aug 2011ENG

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  • Rural Development programming; Setting up of producer groups; Marketing support; Individual farmers; Incentives for participation in Quality Schemes; Agri-environmental and animal welfare programs; Rare breeds. Direct payments (some support for quality schemes) Information & Promotion campaigns External GI policy (facilitate international GI registration)
  • On added value: Sucessful GIs obtain a higher price Price premium (eg. FR GI wines 230 %) Price exported cheeses; 7,5 vs 4,7 €/kg for GI/non GI
  • N.B.: handicrafts, mineral waters not covered N.B.: on line information on registration; DOOR (only foodstuffs) http://ec.europa.eu/agriculture/quality/door Foodstuffs: 970 ( 505 PDO and 465 PGI ): The Piacentinu Ennese (PDO), a sheep's cheese from Italy, very recently (15 Feb 2011) became the one thousandth name to be registered under the Commission's agricultural product and foodstuff quality labels. Since their creation in 1992, the EU schemes have registered quality agricultural products and foodstuffs from across the EU and beyond. In recent years there has been a boost in applications due to enlargements of the EU and a growing interest from non-EU producers including from India, China, Thailand and Vietnam, among others.
  • Vineyards Cellars Wine shops Agritourism Restaurants Hotels Museums ( of vine and wines or etnografic) Infrastructure
  • 3 sets of legislation and procedures:
  • Direct application: Advantages: Registration assures high level of protection in the whole EU Producer groups may apply directly to the European Commission (or via national government) Registration is free of charge Bilateral Agreements - process System check : screening of legislations Exchange of lists ( with cutting off date ) and individual examination of GIs Public consultation ( publication OJ ) Conclusion : protection of listed GIs Regular update mechanism ( Joint Committee ) During these last three years, we have coordinated and streamlined the approaches and built up a rational process to enter into bilateral negotiation. Notably, in depth interservice discussion with LS, TRADE and MARKT led to put in place a method allowing for registration in the EU, in the framework of bilateral negotiations. This was meant also for avoiding MFN risk at the WTO As regards implementation possibilities, internal discussion are still ongoing. The preferred option, whenever possible, would be to register the 3Cs GIs in the EU register ( 510/2006 regulation). Having a single GI register would ease management and increase transparency. However, for various reasons there are cases where achieving sui generis protection within the bilateral agreement itself is the best avenue for achieving an agreement.
  • How third countries may obtain protection of their agri products in the EU? Direct applications of non-EU applicants for registration Negotiations of bilateral agreements on GI-protection Korea FTA (63), Andean Community (4), Central America (8) Trademark system

Markus kiev gi aug 2011ENG Markus kiev gi aug 2011ENG Presentation Transcript

  • The EU experience with geographical indications DG Agriculture and Rural Development, European Commission Workshop on Geographical Indications Kiev, 25 – 26 August 2011
  • Main points:
    • The protection of Geographical Indications: a cornerstone of the EU quality policy
    • Economic benefits: some examples
    • Practicalities of the EU GIs system
  • EU Quality Policy - main instruments
    • Farming requirements
    • Marketing standards
    • EU quality schemes (geographical indications; traditional specialities; organic farming)
  • Geographical Indication
    • Main purposes:
    • Protection of legitimate interests
    • Consumers; and,
    • Producers by;
    • Protection of IP in names
    • Marketing assistance (EU logos)
  • Benefits for farmers
    • Ensure that reputation and added value stays with the local producers
    • Consumers are often willing to pay more for such products
    • Prevent de-localisation of production and retain population
    • Tool for small producers that individually would never be able to reach out to markets
    • Labour intensive – competitive advantage of developing economies
  • Benefits for consumers
    • quality labels – message about high value-added products connecting quality, tradition and reputation
    • a guarantee that the product is authentic, made according to specification, controlled and owes its specific characteristics to production in the particular area
  • Broader impact of GIs
    • Contribute to sustainable rural development
    • Promote diversification and competitiveness
    • Rewards local people by maintaining/increasing local employment in agricultural activities
    • Spill over effects:
      • Conservation of local plant varieties (preserve the environment and biodiversity )
      • Help to preserve traditional knowledge
      • Positive impact on tourism, gender
    • Success reflected in number of registered GIs
      • 1900 Wines
      • 325 Spirit Drinks
      • 970 Foodstuffs
    • Significant yearly increase in the number of GIs
    • Possibility to protect third countries GIs upon individual request or in the framework of bilateral agreements
    The EU GIs Main Features
  • Food GIs by product group (% turnover)
  • Production value of EU GIs
    • 14.2 billion Euro turnover in total (at wholesale level)
    • Estimated 21 billion Euro at retail level
    • Excluding wines and spirit drinks
    • Slightly higher than the value of the EU organic food sector (12 billion Euro at wholesale level, including wines and spirit drinks)
    • Equivalent to the fresh fruit and vegetables sector in the EU, or to the turnover of Danone
  • Including very specific products :
  • Effects of GI protection: Pruneau d’ Agen
    • Production cost: 2 times the cost in California, 3 times the cost in Chile, 4 times Argentinean cost
    • Increase in production and exports: 50.000 tons per year
    • 1.800 family farms with average of 40 ha.
  • Effects of GI protection: the Piment d´Espelette
    • An association to protect the « Piment d'Espelette » establishedn April 1993, as a reaction to cases of fraud.
    • Protection obtained in 2000
    • Effects of protection:
    • Increase in prices: 10€ (94) 20€ (04)
    • Increase in number of producers (30 to 58)
    • Increase in number of plants (195.000 to 530.000)
    • Increase in surface (8 to 28 ha)
    • In a context of ageing rural population, « young » average age (between 25 and 45)
    • Effect on tourism: 600.000 visitors per year (600 inhab.)
    • Fête du Piment , Confrérie du Piment d'Espelette …
  • GIs comparative advantages Number of farms 5,000 << 8,400 Annual Working Unit/farm 1,7 << 2,5 Total AWU 8,500 << 21,000 Income/AWU equal Nitrogen loss/kg ha -1 309 >> 239 “ Bulk” model Friesland (Netherlands) “ Quality” model Parmigiano 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 1.57 billion kg of milk
  • Enotourism and the wine routes
  • EU Wine routes: the numbers (informal census of 2001) Italy 111 Austria 19 Portugal 16 France 17
  • Farm tourism
  • Maintaining of traditions
  • Direct selling of quality farm products
  • Environment and landscape preservation
      • Foodstuffs (EC Reg n° 510/2006)
      • Wines (EC Reg n° 479/2008)
      • Spirit drinks (EC Reg n° 110/2008)
      • Databases; Door E-Bacchus E-Spirits
    EU Legal Framework for GI’s
  • IP protection
    • Right to use: any operator may use GI on authentic product
    • Protection against wrongful uses of registered GI :
      • direct or indirect use on a comparable product that does not comply with the specifications, or on any product in case of exploitation of reputation;
      • misuse, imitation or evocation, even if name is translated, true origin is indicated or with qualifications like “type”, “method”, etc.;
      • any other false or misleading indication or other practice liable to mislead
    • Protection indefinite
    • Relation trademarks
      • GI registration prevents registration of conflictual trademark
      • Renowned and long-used trademark prevents GI registration
      • Other prior trademark and GI ‘coexist’
  • Example of a wrongful use
    • “ Parma” contained in name
    • Evocation of Parmigiano Reggiano by imitating;
      • Imitating shape;
      • Imitating texture;
      • Using the typical knife.
    • Evocation of Italian origin;
      • Italian flag;
      • Designation “formaggio”.
    • Renamed into “Pastakaas”, Dutch for a cheese for pastas.
  • Registration process
    • I Stage – national procedure
    • Producer group
    • Product specification
    • Extract of most relevant data of specification
    • Control body
    • National objection procedure
  • Registration process
    • II Stage – Community procedure
    • Examination
    • Publication for objection (anybody with legitimate interest regardless of domicile may object)
    • Consultations to resolve objections
    • Final decision (Official Journal)
  • What may impede registration?
    • The name
    • does not qualify as a GI (def.),
    • is generic in the EU  common name of an agricultural product of foodstuff,
    • is of a plant variety or animal breed is likely to mislead the consumer,
    • Homonymous  when mislead the consumer,
    • A prior, renowned and long used trademark
  • How to register a foreign GI in the EU?
    • Direct application by titleholder to EU GI Registers
    • Negotiations of bilateral agreements on GI-protection
    • Condition; GI has to be protected in country of origin
  • Examples of foreign GIs
    • Wines
      • Direct applications; Napa Valley, (x in process)
      • Bilateral agreements; total of 1024
    • Foodstuffs
      • Direct applications; Café de Columbia (15 in process)
      • Bilateral agreements; total of 91
    • Spirit drinks
      • Direct applications; x (x in process)
      • Bilateral agreemens; total of x
  • Mexico Chile CAN Mercosur ACP/EPAs SA W. Balkans EUROMED Ukraine CH GCC India EU Bilateral agreements covering GIs CA Malaysia Georgia Moldova Korea China Canada USA Australia Armenia Azerbajan Norway Iceland Concluded Ongoing Future Singapore SADC EPA Vietnam Japan Canada
  • Links
    • Agricultural products and foodstuffs:
    • Council Regulation (EC) No 510/2006
    • http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri =CELEX:32006R0510:EN:HTML
    • DOOR: http:// ec.europa.eu/agriculture/quality/database/index_en.htm
    • Quality policy web-pages : http:// ec.europa.eu/agriculture/quality/index_en.htm
    • Communication on agricultural product quality policy, COM(2009)234, 28.5.2009:
    • http://ec.europa.eu/agriculture/quality/policy/com2009_234_en.pdf
    • Wine:
    • Council Regulation (EC) No 479/2008
    • http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri =OJ:L:2008:148:0001:0061:EN:PDF
    • e-BACCHUS, database of wine geographical indications:
    • http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?event = pwelcome&language =FR
    • Spirit drinks:
    • Regulation (EC) No 110/2008
    • . europa.eu/LexUriServ/LexUriServ.do?uri =OJ:L:2008:039:0016:0054:EN:PDF
  • Thank you for your attention! Markus KLINGLER DG Agriculture and Rural Development, European Commission markus.klingler @ec.europa.eu Communication: http://www.ec.europa.eu/agriculture/quality/policy/communication_en.htm Quality web-pages: http:// www.ec.europa.eu/agriculture/quality/index_en.htm