Ana Soeiro Association QUALIFICA General Secretary PORTUGAL

Transcription

1 How different countries coordinate and control the GIs (process, products etc.)? Are there any economical benefits and what is the meaning of the system for the rural areas? Ana Soeiro Association QUALIFICA General Secretary PORTUGAL

2 BACKGROUND All over the world farmers and small, medium and big industries are producing oranges, potatoes, barley, rice, olive oils, pork meat, hams, cheeses, butter, honey, breads, pastry, pasta, roses, bears, ciders, salmon, vinegars, wool, essential oils, tea, coffee, silk, cotton, pepper, prawns, wine, spirits, cakes... All over the world.those products are just called like. Oranges, potatoes, rice, olive oil, pork meat, ham, cheese, butter, honey, bread, pastry, pasta, roses, bear, cider, salmon, vinegar, wool, essential oils, tea, coffee, silk, cotton, pepper, prawns, wine, spirit. cake... Common and descriptive names PART I anapsoeiro@gmail.com 2

3 BACKGROUND But sometimes.. products are known not only by the Common and descriptive name But also by a GEOGRAPHICAL NAME Geographical name of the region where it is farmed usually Geographical name of the region where it is produced PART I anapsoeiro@gmail.com 3

4 In that few cases. Oranges became to be called Olive oil became to be called.. ALGARVE oranges MOURA olive oil Ham became to be called.. BARRANCOS ham Cheese became to be called.. NISA cheese WHY? PART I anapsoeiro@gmail.com 4

5 Because consumers Buy / Taste / Find differences Ask about the geographical origin And begin to use the geographical name in order to choose and to differentiate the product PART I anapsoeiro@gmail.com 5

6 KEY CONCEPTS 1- The product is in the market 2 A geographical name is used to assign the product 3 there is a link between the product and the geographic region whose name is used The geographical name became a GI GEOGRAPHICAL INDICATION PART I anapsoeiro@gmail.com 6

7 BUT. Human nature exists. If the product is in the market using the GI Consumers will be attracted. GI PART I anapsoeiro@gmail.com 7

8 Everybody understands that If a GI is not registered and protected It will be misused and abused And producers and consumers will be deceived and smashed PART I anapsoeiro@gmail.com 8

9 So, the European choice was to create: An appropriate legal system to protect geographical names : GI s A voluntary system (on producers initiative) A protection by the way of registration: Regulation 510/2006 (ex 2081/92), on the protection of geographical indications and designations of origin for agricultural products and foodstuffs PART I anapsoeiro@gmail.com 9

10 Objectives of the GI s protection To protect product names from misuse and imitation To help consumers, by giving them information concerning the specific character and the origin of the products To encourage diverse agricultural production and rural sustainability PART I anapsoeiro@gmail.com 10

11 Interest of the geographical indications for the producers Names are protected against infringements or unfair competition The added value stays in the region GI improve good practices as well as demands better presentation, better labelling, better marketing and better advertising Improves sales and exports 30/08/

12 Interest of geographical indications as a tool for rural development To encourage diverse agricultural production To maintain people in agricultural areas To improve employment and vitality of rural areas Sustainability 30/08/2012 qualificanasoeiro@gmail.com 12

13 Interest of the geographical indications for the consumers GI covered products are original, authentic and with specific quality GI gives information on the origin and the quality of the product safety and traceability GI products are at the same time pleasure and culture. Sometimes they are also luxury products used in very important occasions 30/08/

14 Geographical indications are intended to highlight special qualities of the products through indication of their geographical origin Geographical indications preserve cultural traditions and are usually associated with protection of traditional knowledge and community rights Products covered by Geographical indications usually obtain market recognition and a premium price Geographical indications are an intellectual property right and its legal protection is required.

15 Some figures on the GI's protected in the EU * As of today, 1056 agricultural and foodstuffs names (wines and spirits excluded) are registered as PDO or PGI in the EU register. 24 EU Member States have names registered (only Malta, Estonia and Latvia do not have registered names) and 3 third countries (China, Columbia and India). As regards wines and spirits, 1561 wine PDO/PGI, 2 third countries wine GI and 325 spirit GI are protected in the EU. * Ref Ares(2012) /06/2012 And many more are waiting...

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17 Some figures on the GI's protected in the EU In 2007, the 820 PDO and PGI agricultural products listed in the European Register for agricultural products and foodstuffs (excluding wines and spirits but including beer) had an estimated wholesale value of 14.2 billion. The turnover of these PDO and PGI products rose steadily between 2005 and In addition, it was estimated that 30% of the production of PDO and PGI was exported outside the European Union, to the tune of 700 millions. There was a rise in PDO and PGI exports between 2005 and 2007, both in volume (+ 9%) and value (+ 17%). Cheese accounted for more than a third of total PDO/PGI turnover, beer for a fourth and meat products for 16%.

18 Other data sources report an estimated 13 billion farm gate value for wines and 30 billion consumer price value for spirits. Exports of wines stood at 5,9 billion and of spirits at 5,7 billion. The EU trade in processed agricultural products is for % covered by GIs, 80 % of total wine exports are GIs and almost all spirits exports are GIs. Besides this economical importance, it should be recalled that GI's carry a strong political weight in international negotiations, in particular for certain Member States who see it as a crucial offensive interest. For this reason, today, it would not be conceivable to negotiate a Free Trade Agreement (FTA) without an appropriate chapter on GIs.

19 In order to get protection an application must be addressed to national authorities and later to the Commission Protection against abuses, unlawful acts, frauds and any practice liable to mislead the consumer as to the true origin of the product Specification Product name, product and raw materials description, method of production description, geographical area, traceability, link, labelling,...

20 ...and verification of compliance systhem the name and address of the authorities or bodies verifying compliance with the provisions of the specification and their specific tasks

21 In EU we have an Official Food and Feed Control system (OFFC), whose central goals are Protection of human health Protection of consumers' interests Effective functioning of the internal market taking into account diversity, including traditional products as PDOs, PGIs and TSGs Page 21

22 Under that OFFC Member States shall: enforce food law, monitor and verify that the relevant requirements of food law are fulfilled maintain a system of official controls covering all stages of production, processing and distribution lay down the rules on measures and penalties that are effective, proportionate and dissuasive including PDOs, PGIs and TSGs Page 22

23 Community feed and food law is based on the principle that feed and food business operators at all stages of production, processing and distribution within the businesses under their control are responsible for ensuring that feed and food satisfy the requirements of feed and food law which are relevant to their activities. Don t forget that under PDO/PGI or TSG schemes producers ask to be under a special and voluntary control scheme Page 23

24 The Member States should..monitor and verify that the relevant requirements thereof are fulfilled by business operators Official controls should be organised for that purpose. Page 24

25 ..Reg. 834/2007 on organic farming., Reg 509 and 510/2006 on TSGs and on PGIs and PDOs. contain specific measures for the verification of compliance with the requirements contained therein. The requirements of OFFC should be flexible enough so as to take account of the specificity of these areas. Page 25...and the specificity in PDOs/ PGIs and TSGs comes from specific ingredients and or geographical origin and or method of production... as it is described in each particular specification book

26 The frequency of official controls should be regular and proportionate to the risk, taking into account the results of the checks carried out by feed and food business operators under HACCP based control programmes or QA programmes, where such programmes are designed to meet requirements of feed and food law... Ad hoc controls should be carried out in case of suspicion of non- compliance. Additionally ad hoc controls could be carried out at any time. Page 26 X-check with: Reg 510/2006 art.11 Reg 509/2006 art 15

27 (21) Provision should be made for delegating competence for performing specific control tasks from the competent authority to a control body, and for the conditions under which such delegation can take place. X-check with: Reg 510/2006 art.11 Reg 509/2006 art 15 Page 27

28 (22) Appropriate procedures should be available for the cooperation of the competent authorities in and between the Member States, in particular when official controls reveal that feed and food problems extend to more than one Member State. In order to facilitate such cooperation, Member States should designate one or more liaison bodies with the role of coordinating the transmission and reception of requests for assistance. Don t forget customs! We have a lot of bad experiences with PDO/ PGI abuses even in EU territory Page 28

29 In establishing rules on the official controls of feed and food from third countries, it should be ensured that the competent authorities and the customs services work together, taking into account the fact that rules to that effect already exist in Council Regulation (EEC) No 339/93. on checks for conformity with the rules on product safety in the case of products imported from third countries. Page 29 Don t forget products coming from 3 rd countries can use EU specifc logos for PDOs/PGIs and TSGs and they know the value of using logos! Don t forget customs!

30 Community controls in the MS should allow the Commission control services to verify whether feed and food law and the legislation on animal health and animal welfare are implemented in a uniform and correct way throughout the Community. Page 30

31 (41) Breaches of feed and food law..may constitute a threat to human health, animal health, and animal welfare. Such breaches should therefore be subject to effective, dissuasive and proportionate measures at national level throughout the Community. With PDO/PGI or TSG products we must add attempt to rural economy and development, to cultural patrimony and heritage, to consumers expectations and to other producers economy and reputation Page 31

32 Key points PDOs, PGIs and TSGs are composed by A product (cheese, ham, olive oil, bread.) + A name (geographical/ traditional DOs or GIs or specific or expressing the specificity for TSGs) Page 32

33 Verification of compliance The product, as all products, is covered by common OC rules and plans (namely on food safety aspects) But when it is intended to use the PROTECTED NAME, than all steps of the production chain must be under a specific control plan, in order to assure that COMPLIANCE WITH SPECIFICATION is fulfilled. So, a specific control plan (verification of compliance plan) is required for each product covered by a PDO or by a PGI or by a TSG. Page 33

34 Protection Market must be under official control in order to verify if: Consumer is not mislead (Protection of consumers' interests) PDOs/PGIs and TSGs are not being abused (Effective functioning of the internal market and protection of intellectual property) Producers are not victims of unfair competence (Effective functioning of the internal market) Page 34

35 Several possibilities on CA organisation 1 CA for all the territory of a MS and for all sectors 2 or more CA for the territory of a MS and for all sectors 2 or more CA for the territory of a MS, acting by sector (animal origin products, plant products or food sector and feed sector or organic sector or PDOs/PGIs and TSGs sector or...) In some MS, MA is responsible for controls in PDOs, PGIs and TSGs sector 1 CA with delegation of competences in regional authorities and or in local authorities 1 CA or 2 or more CA with delegation of specific tasks related to official controls to one or more control bodies, operating as a product certification body....other possible variations Page 35

36 Specific tasks on PDOs/PGIs and TSGs - Establish and approval of specific verification of compliance plan, in cooperation with Producer s Group, taking into account relevant parts of concerned specification and risk assessment - Establish frequency of controls taking into account relevant self controls and controls made by producer s group - Establish market control plan on order to defend PDOs/PGIs and TSGs from abuses - Without prejudice of art. 54 (action in case of non compliance) establish the grid of non-conformities with specification and its classification (minor, major, critical...) and irrespective specific sanctions Page 36

37 Only the CAs of the Member State don t need accreditation (but they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions. See Reg 510, art 11 (4) and Reg 509 art 15 (4) All others bodies acting on delegation from the CA to perform specific control tasks need to be accredited in accordance with EN or ISO/EC Guide 65, from 1 May Page 37

38 Central CA A Regional CA Regional CA Regional CA Local CA Local CA LOCAL CA B Page 38

39 Co-operation with producers groups they are interested in reliability Deep knowledge of the entire row Simple and effective verification of compliance plan bases on risk assessment and critical points Written procedures Clear delegation of competences, clear tasks and clear reports in order to avoid black holes or over controls Page 39

40 Responsibilities of CAs / CB's towards operators CAs and CBs are responsible to help operators to keep the system reliable. So they must act promptly and with: High level of expertise Confidentiality, avoiding conflict of interests, impartiality, effectiveness Under control plan but trying to improve it Helping and improving the economy and the proficiency of the system Page 40

41 Responsibilities of CAs and CBs towards final consumer CAs and CBs are responsible to help operators to keep the system reliable. So they must act as a third part, helping producers to confirm the compliance with the specifications. Page 41

42 Regulation (EC) No 882/2004 versus Regulations (EC) No 510/06 and 509/06 Regulation (EC) No 882/04 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules Regulation (EC) No 510/06 and 509/06 provides specific measures for the verification of compliance with the requirements contained in the specification 42

43 Products covered by a PGI/PDO or TSG are under: Regulation (EC) No 882/ any of the stages of production, processing and distribution of food. They shall include controls on food businesses, on the use of food, on the storage of food, on any process, material, substance, activity or operation including transport applied to food PDOs/PGIs and TSGs: all normal and common criteria must be fulfil Plus Regulation (EC) No.510/06 or 509/06 verification of compliance with the specifications, before placing the product on the market

44 Depending on the product and on the Protected Designation Scheme, verification of compliance with specification plan can include raw materials used and its geographical origin quantitative aspects, if they are in the specification ( no more than 1.5 cows/hectare, no less than 150 trees/hectare...) farm qualitative aspects like location, parcels, breeds, varieties, seedling, origin and quality of feed verification on registers made by producers namely on geographical origin of raw materials, on length of maturation, on temperatures of certain operations, on age of slaughter.. traceability and its supporting documents made by producers/operators sampling,of raw materials and end products, if necessary

45 Depending on the product and on the Protected Designation Scheme, verification of compliance with specification plan can include laboratorial analyses, if necessary organoleptic evaluation (size, weight, appearence,type of skin, shape, taste, smell) trade presentation, including labelling specific requirements controls frequency as well as if some controls must be done in certain year seasons or in specific premises or during particular operations type of each control like documentary and or visual and or laboratorial Page 45

46 Control plan in the market place CAs must include controls in the market place as well as for their own PDO/PGI or TSG products, as well as for products coming from other MS and third countries. The plan must take into account, as always, risk analysis. So, depending on circumstances surveillance or inspections can be done Page 46

47 To Remember Verification of compliance is conducted on producer s request producer bear the cost of verification conducted before placing the product on the market, Risk assessment of each operator is a very important tool Page 47

48 SHARING TASKS A lot of controls are already made by - Producers or by - Producer s group Page 48

49 So, in order to save money and time Verification of compliance plan can include a lot of controls made by producers and producers group Authorities or bodies should supervise and check the consistency and reliability of those controls and registers made by producers or producers group and validate them

50 Control must be effective but at a reasonable cost Operators are always doing a cost/benefit ratio Page 50

51 Specification Verification of compliance with the specification plan 51

52 Scope of the verification of compliance The scope is to verify if operators fulfil all specific product s criteria described in the specification and only in the scope of specification geographical boundaries, specific breeds or plants varieties, specific methods of production, precise size or weight or shape Labelling (only in scope of requirements of specification and Reg. 510 or 509/2006), specific steps in production, slicing, grating, packing, banned practices, for processed products row materials, specific taste/smell/sight Page 52

53 Example - Verification of compliance with specification plan Kee points Provision of Specification book Type of control Frequency Remarks Farm location Province X Documentary unique Breed Breed Z Documentary Unique Herd book Free range Visual / Documentary Complementary feed must come from: farm or province X Visual /documentary Twice/year Once/year Spring and Autumn Slaughter 12/18 months Documentary Once/year Slaughterhouse Ham maturation 18/24 months Documentary Once/year... Shape/smell/tast Long, non salted... Panel Once/year Label... Visual Once/year Page 53

54 As time goes by... Everybody will improve and will see that verification of compliance plan is better when - It is simple - It is clear - It is reliable - It is costless... - It is possible to be revised Page 54

55 VERIFICATION PLAN MUST BE DESIGNED, ANALYSED AND REVISED BY QUALIFIED STAFF WITH: Deep knowledge of the records and written documents required to assure product traceability and compliance with product specification Deep knowledge on raw materials, production row, preparation, maturation, harvesting... Deep knowledge on end product characteristics, like taste, smell, appearance, weight, size, type of presentation, and on its labelling, advertising material, selling conditions and it is usually helpful to talk/work with producers group

56 Staff - Qualified staff (appropriate academic degree) - Stage in a real situation, inside production row - Stage abroad, if possible - Formation on job Page 56

57 GI system and GI products Deserve all our efforts kiitos