Transcript Geographical Indications: A Success Story of European Agriculture Raimondo Serra, Agricultural Counsellor Delegation of the European Commission to China International Symposium on Geographical Indications jointly.

Geographical Indications:
A Success Story of European Agriculture
Raimondo Serra, Agricultural Counsellor
Delegation 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
Outline

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Legislation in force
Basic concepts
Main figures
Why do Gis matter?
Third country applications
2
The European Union
27 Member States
490 million consumers
14 million farmers
3
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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SCOPE OF THE REGULATION
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. products
hay, cork, essential
oils, wool, flowers
& plants,
wicker
Wines &
spirits and
handcrafts
products
NOT covered
(other regulations)
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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 name
for 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

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
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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Example: 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.
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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)
450
400
350
300
250
200
150
100
50
0
Meat
PDO
PGI
22
81
PDO
PGI
Meat
Olive oils
Cheeses
Fruits
products
& others
25
61
144
12
89
14
75
95
Others
Total
74
36
429
317
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m
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Sw d
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C
Fi
ze
ch nla
nd
R
ep
ub
lic
Sl
ov
en
ia
Fr
an
ce
Distribution by EU Member State
(May 2007)
153
159
104
104
PDO
12
6
5
4
3
4
2
3
PGI
84
69
29
6
1
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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
Friesland and Emilia Romagna cheeses compared
1,57 billion kg of milk
“Bulk” model
Friesland (Netherlands)
Numbers of farms
Annual Working Unit/farm
Total AWU
5,000
<<
8,400
1,7
<<
2,5
8,500
<<
21,000
Income/AWU
Nitrogen loss/kg ha-1
“Quality” model
Parmegiano Reggiano (Italy)
equal
309
>>
239
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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
Comparative advantages of GI labels
Effect on rural areas; example of PGI ‘Volailles de Loué’ (France)
30 million broilers p. year
“Bulk” model
“Quality” model
PGI ‘Volailles de Loué’
Numbers of farms
150
<<
Total Annual Working Unit
500
<<
Agricultural land
Land management
not land-based
nil
1.000
3.000
(450 in Loué)
9.500 ha grass land
24.000 ha cereals
750.000 trees planted
1.200 km hedges planted
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Source: Institut National des Appellations d’Origine, France 2004
Third country applications
While the EU’s quality designation systems have for a long
time been open to producers in non-EU countries, since
31 March 2006:
 applications for registration of PDOs, PGIs by
producers in third countries
 Objections to applications by individuals in third
countries
can be made directly to the Commission as opposed to via
national 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
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