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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
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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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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
  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

• 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)
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Distribution by EU Member State (May 2007)
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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)
Quality model Parmegiano Reggiano (Italy)
8,400 2,5 21,000 239
5,000 1,7 8,500 309
Numbers of farms Annual Working Unit/farm Total
AWU Income/AWU Nitrogen loss/kg ha-1
ltlt ltlt ltlt equal gtgt
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
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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 Total Annual Working
Unit Agricultural landLand 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
ltlt ltlt
Source Institut National des Appellations
dOrigine, France 2004
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Third country applications

• While the EUs 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 EUs 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 athttp//europa.eu.int/quali
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