Master Dizertatie Finala2

download Master Dizertatie Finala2

of 58

Transcript of Master Dizertatie Finala2

  • 8/6/2019 Master Dizertatie Finala2

    1/58

    CHAPTER I

    1.1 INTRODUCTION

    The choice between sectorial development and territorial development is a major bet

    which the farmers have to face. The dominant alimentary model the agro-industrial model

    answers to a nutritional demand that is constantly increasing, but which is in a way defective in

    guaranteeing the prosperity of the society and in conserving the natural resources. Influenced by

    those who exit the local or national territory (for example the agricultural raw materials), the

    farmers change their dwelling place or leave, entailing in this way the lost of the identity of the

    rural areas, the alteration of the natural resources and sometimes a social and economic decline.

    In Europe, and more precisely in the Mediterranean area, the terroir strategies are capable

    of assuring a balance between the territorial and the sectorial development. These strategies

    outweigh due to their capacity to root the agri-food systems in the territory, allowing the smallbusiness to organize in such a way that they can differentiate their products on the base of their

    unique character.

    On the other way, by valorizing the specific bound between the territory, the human

    beings and the product, these strategies contribute to a sustainable administration of the resources

    and of the original agriculture, that founds the product tipicity.

    There are three bound factors that contributed to the success of the terroir strategies.

    In the first place, the lost of the landmarks concerning the agri-industrial model led to thechange of the consumer behavior for whom these products represent a refuge, giving them the

    opportunity to fulfill their new expectations (taste, environmental protection, health, social ties,

    ethics). In the second place, we admit that the strategies of the actors from areas and industries,

    more and more sophisticated regarding the terroir concept, knew how to respond to the demand

    of the developing markets. Last but not least, the multitude of labels that indicate the bound

    between the products and the territory permitted the structuring of the terroir products market

    and brought more guiding marks to the consumers. These labels are very diversified, resulting

    from the public or private right. There are to be called hereinafter under the general term of

    geographical indication (GI).

    http://hallo.ro/search.do?l=ro&d=en&query=outweighhttp://hallo.ro/search.do?l=ro&d=en&query=hereinafterhttp://hallo.ro/search.do?l=ro&d=en&query=outweighhttp://hallo.ro/search.do?l=ro&d=en&query=hereinafter
  • 8/6/2019 Master Dizertatie Finala2

    2/58

    1.2 THE INTERNATIONAL CONTEXT

    GI emerges as a central and structural element in the terroir strategies. From a sectorial point

    of view, GI is in the main time an offensive and defensive tool. Offensive because it leads to a

    segmentation of the market and a rise of the prices and facilitates the coordination of the offer.

    Defensive because it allows the fight against the encroachment of the reputation concerning the

    origin of the products.

    From a territorial point of view, GI is a tool of coordination of the actors and administration

    of the products.

    A GI is a place or country name that identifies a product to which quality, reputation or othercharacteristics are attributable. A GI signals to consumers that the goods have special

    characteristics as a result of their geographical origin. Therefore, a GI is more than an Indication

    of source or provenance; it is a reference to a quality. As opposed to a Made in label that does

    not refer to a certain quality.

    Product characteristics, production expertise and consumption experiences are incorporated over

    time within the name of a unique product so that the acquired reputation becomes a valuable

    asset. When this asset is linked to a particular geographical origin, it is generally recognized by

    the use of a GI to designate the product.

    Through the contributions of many local producers, some products earn a reputation over time

    that is inextricably tied to the place of production. Contrary to the use of an individual company

    name or commercial trademark, a geographical indication can benefit all producers in a region

    by associating a specific product with a given territory.

    A GI encompasses four main elements:

    a defined geographical area of production;

    specific production methods;

    specific product quality and;

    a name and reputation that differentiates the product from others.

    There are many types of identifiers that may constitute a GI:

  • 8/6/2019 Master Dizertatie Finala2

    3/58

    a geographical name alone can become the name of the good (such as Bordeaux or

    Champagne), or the origin of the product being associated with its common name such as Coffee

    of Colombia );

    a name, symbol or words referring to a place and its local people, although they are not names

    of geographical places (for example, Feta or Basmati);

    additional associated characteristics that should also be considered as geographical identifiers.

    For example, images of famous places like mountains or monuments, flags, specific objects, and

    folkloric symbols;

    Indeed, at the international level, GIs are defined and recognized as intellectual property rights

    by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) of the

    World Trade Organization . In fact, two specific international definitions exist in relation to GIs:

    geographical indication and appellation of origin. These two are distinct from the indication ofsource, which does not refer to a specific quality:

    Geographical Indications defined by the TRIPs Agreement in 1994, are indications which

    identify a good as originating in the territory of a member, or a region or locality in that territory,

    where a given quality, reputation or other characteristic of the good is essentially attributable to

    its geographical origin

    Appellation of origin represents a more restrictive category of GIs, defined in the Lisbon

    agreement of 1958, as geographical designations of products whose quality and characteristics

    are due exclusively or essentially to the geographical environment, including both natural and

    human resources.

    Indication of source generally refers to a sign that simply indicates that a product originates

    from a specific geographical region, in particular some countries. Therefore, even if the

    indication of source refers to a geographic name (the country name), it is different than the

    geographical indication and appellation of origin, which refer to a specific quality.

    Since 1995, the TRIPS Agreement has required all WTO members to establish a national legal

    framework for the protection and use of GI names for specific products .

  • 8/6/2019 Master Dizertatie Finala2

    4/58

    Most Governments have adopted legal instruments that protect GIs, although there are

    significant differences among them. Tools for GI protection range from general national laws on

    business practices designed to prevent unfair competition or protect of consumers, to specific

    regulations for the registration of GIs.

    Once the Protected Designation of Origin (PDO) was established in 1947 in France, the use

    of the name of a city to designate a product was for the first time protected by a legal frame. The

    protection extended in the European Union in 1992, with the denomination of Protected

    Designation of Origin (PDO) and Protected Geographical Indications (PGI).

    The European Union enacted in 1992 the regulation 2081/92 regarding the protection of the

    products with a geographical indication (designation of origin) and PGI (protected geographical

    indication) in order to accomplish the exact objectives mentioned in the regulation.

    The regulation takes into consideration mainly the following:- A set of concerns for the local and rural development. In this case we have to concentrate

    on a policy of protection of the geographical origin in order to accomplish these

    objectives.

    - The promotion of specific products: it must be established what specific and typical

    quality really means in order to fulfill the expectations of the consumers.

    However, this regulation concerns the protection of the products with a geographical

    indication, that present precise definitions for PDO and PGI, but it is not a tool for their

    administration and framing. In order to respect the subsidiarity, each member state has to

    create regulations of administration and control, in France for example, INAO has taken care of

    the PDO and PGI until 2007, in Romania, ONPTER is in charge of this aspect.

    On an international level, there are two distinct frameworks that protect the localized

    products. The first exists since 1958 (Treaty of Lisbon) and states that the denomination of

    protected origin designates a product [] whose quality and characteristics are due exclusively

    to the geographical area, that includes the geographical factors and the people. The second

    (Legal aspects of trade-related intellectual property) restates in a more detailed way the GI

    principle in the WTO.

    In 1994 the agreements for the World Trade Organization were signed by the most

    powerful economic powers of that time. Among the clauses of these agreements we emphasize

    those concerning the Technical Barriers to Trade (TBT): it is strictly forbidden for the member

  • 8/6/2019 Master Dizertatie Finala2

    5/58

    states to prevent the trade of a product due to technical reasons (or to discriminate in favor of a

    product), other than the ones related to public health, the environment, the intellectual property

    or disturbing the public order.

    As it is an aid from the state, the protection of PDO and PGI recognizes their character of

    being a collective intellectual property. Therefore, the term of geographical indication was

    recognized within the WTO in 1994 in the agreement regarding the Legal aspects of trade-

    related intellectual property (TRIPS). This agreement makes a distinction between wines and

    spirits, and other agricultural or food products. For wines and spirits, the recognition of the

    names of geographical indication (GI) is a must for all the countries that signed the agreement,

    the moment when one of the member states took legal action to protect a product name. For other

    products, protection is not considered necessary only if the state which requires the protection of

    a product name shows the risk of unfair competition.The European Union approved of this agreement and pledged to create lists of

    protected names and submit them for approval to the World Trade Organization,

    but provoked the hostility of the United States (and its allies in the New World), which without

    taking into account this international agreement, have initiated international procedures to

    condemn the PDO-PGI Regulation in 1992.

    At the same time, the agreement provoked hostility from non-European countries that did

    not grow wine and that want to generalize the clause specific to wines to all products, thereby

    helping U.S. hostility for the protection of GI.

    In March 2005, the panel of experts of OPM analyzed the divergences with the U.S.: the

    PDO and PGI protection established by the EU is not contrary to WTO rules, provided that their

    management is done in a transparent manner and it respects internationally recognized rules.

    WTO has given the European Union a time spam of a year to establish the PDO-PGI regulations.

    In short, the subsidiarity was over the EU could recognize PDO and PGI in the world

    and could apply uniform control measures according to EN 45011 or ISO 17020 norms. This

    WTO decision was welcomed by the European Commission, because the subsidiarity deprived it

    from monitoring each country. So the EC regulation 510/2006 has replaced the EEC Regulation

    2081/92. The Member States were given a period of three years to comply with the new

    provisions the final phase taking place in 2009.

  • 8/6/2019 Master Dizertatie Finala2

    6/58

    We will not address here the nature of the reform, we only emphasize the fact that it

    focuses on producer responsibility and control methods, but in the main time it omits

    considerations regarding local development discussed in 1992.

    A large number of countries in the world have adopted the GI: there are 800 products

    with GI out of which 191 come from 49 countries outside the EU, of which the U.S. detains

    (42), India (16), Ethiopia(14) and China (12 ) (Lee J. and Rund TB., 2003).

    Through the study of honey from Romania, we intend to evaluate how interesting and

    feasible the GI is, in order to combine sectorial and territorial development in a terroir strategy.

    Romanian honey industry representatives have expressed interest in labeling the honey

    from Romania as a GI type "the possibility of obtaining GI can be taken into consideration,

    which is a higher form of labeling. GI must be based on the specificity of soil and climate and on

    the tradition of practicing beekeeping in Romania. The only product that could obtain the GI

    based on geographical considerations is honey. "

    What interests us are the conditions under which the quality, and tipicity of products are

    taken into account and how to guarantee their preservation to consumers. It would be very easy if

    we had a set of objective instrumental measures in order to attest the fact that a product belongs

    to the PDO or PGI quality. But before drawing a conclusion about the usefulness of objective

    information, we must take into account the complexity of the concepts related to quality, tipicity,

    and by default the origin of products.

    First of all, it is compulsory to turn to some definitions and concepts that have important

    economic consequences for the strategy of the firm and for the organization of controls, to ensure

    correct information ("fair") to the consumer:

    - Concerning the origin, provenance and ways to designate them

    - Concerning the quality, and the tipicity in particular

    - Concerning the consumers perception regarding the specific quality of the product

    - Concerning the authentication of the quality and tipicity of honey

    On the strength of the production and marketing system based on the Protected Designation of

    Origin (PDO), honey is a product that expresses very well the concept of tipicity. After a brief

    explanation of the concepts of quality, tipicity, this part will present various methods for

    assessing the quality given by the tipicity of the product, so that finally Romanians

  • 8/6/2019 Master Dizertatie Finala2

    7/58

    honey,expecialy those harvest in Transylvania will be certified as a typical Romanian product in

    order to obtain Geographical Indication

    Certain food and agricultural products have a specific quality linked to their production origin

    that can make them famous as a result of characteristics linked to their local natural and human

    environment and they have a generic name origin-linked products.

    Origin-linked products are those that can be differentiated as a result of their local identity or

    typicity. Their identification as GI products is justified by the particular local context in which

    they originate and that gives them a specific nature, quality or reputation in consumers eyes.

    The first step for local actors is to be aware of this tipicity by identifying the links between

    product quality and the local environment and depends on the presence of three main pre-

    requisites:

    The product: it presents some specific characteristics linked to geographical origin that gives ita special quality and reputation in the market, resulting in specific consumer demand.

    The place: the special quality characteristics are the result of the natural and human resources

    of the local area in which it is produced.

    The people: the local producers, having inherited traditions and know-how, together with other

    local stakeholders, must be motivated to engage in a value creation and preservation process

    Figure 1: Interaction between people, product and place

  • 8/6/2019 Master Dizertatie Finala2

    8/58

    The product: specific quality and reputation

    Some agricultural and food products display specific characteristics which are inherent to the

    place where they are produced and that give the product a reputation.

    Miel des Vosges, Miel dAlsace , Miel de la Alcarria, Mel de Barroso or Menalou Vanilia fir

    honey are only a few examples of product names which acquired a reputation linked to their

    geographical origin. Specific quality means that some characteristics differentiate the product

    from the other products of the same category and consumers perceive it as such, regardless

    whether the market is local, national or international.

    Regarding the differentiation in the market, the typicity is an important feature to

    consider,meaning the product is not only specific; it is also unique, by its combination of naturaland human production factors, anchored to the territory. Such products cannot therefore be

    reproduced elsewhere. The degree of specificity and anchorage of the local resources is a

    measurement of typicity.

    Consumers perception is linked to the reputation of the origin-linked product and its recognition

    in the market. Market studies are necessary to identify this reputation and perception by

    answering different questions. For example, is there a specific demand and a willingness to pay

    for it? Do consumers differentiate that particular product from others of the same category? Is

    there a specific group of consumers who can be targeted for this specific product?

    Therefore, the name of the product plays an important role in consumer recognition of the

    specific quality product, by referring to geographical names and symbols, which are

    unmistakably linked to geographical places and their people.

    The place and the local resources

    The place represents the geographical area that bears both the natural resources (physical and

    biological environment or milieu) and the human resources linked to the generations of

    inhabitants and producers. This territory is delimited in space and relates to the interaction

    between its people and the environment. The term terroir represents the capacity of this territory

    to confer, over time, specificity and typicity to the product.

  • 8/6/2019 Master Dizertatie Finala2

    9/58

    Natural resources are often linked to human intervention, as the physical environment is also

    shaped by human choices and adjustments made to adapt production methods to the

    environment on the basis of a cultural heritage and local know-how. In this sense, the product

    belongs to the local community that created, adapted, preserved and passed on the specific

    environment, the local resources, the techniques and the culture required to reproduce it.

    The terroir and its different components, the traditions and know- how, are the outcome of

    actions taken by many people from the territory over a long period. This means that the product

    is tied to a local community and has a heritage dimension. Consequently, a product, its name and

    its reputation in the market, cannot be the property of a single person,nor of a single private

    actor. On the contrary, the local community acquires a collective right to the product and is

    entitled to ensure that the product is made according to the rules defined by the community itself.

    People: the collective dimension and potential for action

    As a result of its heritage dimension, the product specificity and reputation belong to the local

    people who share a collective right to benefit from it.

    Therefore, a collective approach is required to engage the quality virtuous circle in order to

    promote and preserve the origin-linked product and local resources. The potential for engaging

    the value creation process depends on the will, motivation and capacity of the local community,

    and especially of the local production system, to coordinate their actions and promote the

    product collectively.

    Many stakeholders are involved in the production and value creation process of a specific-quality

    product linked to its geographical origin, and many different actors may have an interest in the

    product. Firstly, supply chain actors play a central role, and often within a traditional production

    system, the role played by women, elderly people and families is of particular importance. In

    fact, the local community members may see the product as an element of their local culture and

    at the core of local activities. Local institutions, public authorities, consumers, researchers,

    NGOs, etc., inside and outside the territory may have an interest in the promotion of the origin-

    linked product .

    These stakeholders may influence differently the origin-linked product development, conveying

    their own vision of the product and their own interests. For example, local consumers are more

    interested in specific aspects of a product that may be different from those considered by

  • 8/6/2019 Master Dizertatie Finala2

    10/58

    businesses. On the other hand, bigger and/or modern companies are interested in different

    aspects of a product than an artisan or a smallscale business

    1.3. An example of a origin-linked product Lunigiana Honey PDO

    Figure 2 : Lunigiana Honey

    Source: www.parcoappennino.it

    A valuable environment and healthy air, water, and soil transform the land of the

    National Park in general and Lunigiana in particular into an authentic paradise for the bees.

    From here the precious local honey productions: the "chestnut" and "mixed flowers" varieties

    can even boast the Lunigiana Honey PDO label.

    Lunigiana honey was the first Italian honey which obtained from the European Union the PDO

    label (Protected Designation of Origin), an important acknowledgment of the product typicality.

    The production area includes the 14 Municipalities of Lunigiana, whose mountain landscape is

    characterized by a diversified vegetation mainly consisting of acacia and chestnut tree forests,

    very valuable plant essences in the field of bee-keeping. This feature, combined with a tradition

    dating back to the end of the 15th century and the low industrialization level, creates in

    Lunigiana an ideal environment to practice a quality bee-keeping based on acacia and chestnut

    honey productions with excellent organoleptic and chemical-physical features. 25 producers

    have joined the PDO production, for a total of over 1,800 beehives. Some of them, precisely over

    http://www.parcoappennino.it/en/gallery.dettaglio.php?id_foto=183
  • 8/6/2019 Master Dizertatie Finala2

    11/58

    1,100 beehives, have chosen a double quality label: PDO and Organic Farming. Thanks to this

    choice, bee-keepers offer consumers further guarantees on the bee-keeping and product

    processing methods, which respect the environment and our health

    Chestnut Honey

    Figure 3: Sweet Chestnut Blossom

    Source:www.honeytraveler.com

    The chestnut tree belongs to the same family as beeches and oaks. Historically for

    thousands of years, the chestnut was a primary source of nutrition in the mountainous areas of

    the Mediterranean where grains did not grow well. The primary honey producer, the sweet

    chestnut tree (Castanea sativa) is common in Europe where it was introduced from Sardis (in

    what is now Turkey) thousands of years ago, hence the name Sardinian Nut, now known simply

    as the chestnut.

    Chestnut honey has a strong aromatic taste and a slightly bitter after taste. Rich in pollen

    content, mineral salts and tannin, with a high proportion of fructose that resists crystallization

    and a relatively low acidity. Dark in color, ranging from yellowish brown to almost black,

    sometimes with amber hues, it has an aromatic, pungent herbal aroma and taste and slightly

    tannic (due to the tannin in the tree). The flavor is unique, not very sweet and with an almost

    bitter aftertaste and very persistent, highly appreciated by those who like a strong, less sweet

    honey

    http://www.honeytraveler.com/http://www.honeytraveler.com/http://www.honeytraveler.com/wp-content/uploads/2010/05/Sweet-Chestnut-crop1.jpghttp://www.honeytraveler.com/
  • 8/6/2019 Master Dizertatie Finala2

    12/58

    Figure 4: Chestnut Honey Lunigiana DOP

    Source: www.inbadia.it

    Chestnut honey is harvested at the end of June and beginning of July. Along with the

    DOP certification, it must indicate the town where it was producedAlso in Spain are two

    Geographical indication for honey:

    Miel de Galicia (NW Spain): Chestnut honey occurs primarily in the provinces of Lugo and

    Ourense (including the regions of A Fonsagrada, A Ulloa, Ancares, O Courel, The Sierras of

    Manzaneda, San Mamede and Invernadeiro, the valley of the Sil, O Bolo, and Valdeorras). The

    province of Pontevedras main production area is Deza and the Terra de Montes

    Miel de Granada (S Spain) Chestnut honey occurs in the Province of Granada. Beekeepers

    migrate their hives within the province as necessary to collect hestnut nectar

    http://www.honeytraveler.com/wp-content/uploads/2010/05/Miel-de-granada-Logo.gifhttp://www.honeytraveler.com/wp-content/uploads/2010/05/Miel-Galicia-logo.gifhttp://www.honeytraveler.com/wp-content/uploads/2010/05/PGI_es1.gifhttp://www.inbadia.it/image_big.asp?idfoto=216
  • 8/6/2019 Master Dizertatie Finala2

    13/58

    Figure 4: Logos of GI honeys from Spain

    Commonly sold in Europe as Acacia honey and in the United States as Locust or American

    Acacia, this honey is obtained from the False Acacia or Black Locust tree and seldom from

    Acacia species at all. Extremely light colored, lemonish white or yellow-green, and if relatively

    free of other floral sources, it can be very transparent, like liquid glass. The aroma is floral,

    delicate and not very persistent. The flavor is very sweet with hints of vanilla. The flowery notes

    are noticed best in the finish.The honey remains liquid and does not crystallize easily due to itshigh fructose content.

    Figure 4: Acacia Honey Lunigiana DOP

    Source: www.inbadia.it

    In the second half of May, Acacia honey is collected in the Lunigiana (Tuscany) Region of Italy

    (DOP Italian version of PDO) Along with the DOP certification, it must be indicate the townwhere it was produced: Aulla, Bagnone, Casola in Lunigiana, Comano, Filattiera, Fivizzano,

    Fosdinova, Licciana Nardi, Mulazzo, Podenzana, Pontremoli, Tresana, Villafranca in Lunigiana,

    or Zeri.

  • 8/6/2019 Master Dizertatie Finala2

    14/58

    2.1. LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS

    Two main approaches can be distinguished at the national level:

    Public law approach: this is the case when public authorities enact legislation dedicated to the

    specific protection of GIs (sui generis system). This approach generally consists of an official

    recognition of GIs by granting the status of a public seal of quality, often through a common

    official logo, where Governments can protect the use of the GI ex officio.

    Private law approach: using laws against unfair competition, passing off, and trademark laws,

    where the protection is primarily based on private actions.

    Other intellectual property rights may also be used to protect GI products. For example, GIs mayinvolve logos of distinctive shapes. However, these are generally registered as graphic

    trademarks. They may also involve the use of patents for processing or packaging, industrial

    models and designs, etc. Registration is the most common legal tool to define the circle of

    legitimate users and ensure protection for GIs. Specific GI legislation (sui generis systems) and

    trademark laws can also be used to this effect.

    2.1.1 The Sui Generis System for Protected Designation of Origin (PDO) and Protected

    Geographical Indication (PGI) in the E.U.

    In 1992, the European Union approved two categories for the protection of Geographical

    Indications: Protected Designation of Origin (PDO) and Protected Geographical Indication

    (PGI). These intellectual property rights extend to all food products with the exception of wine

    and spirits and they have replaced national pre-existing intellectual property rights for these

    indications in many European countries. The definition of a PDO implies that all phases of the

    production process should be localized inside the production area and the quality of the product

    should be strictly related to a particular geographical environment by its inherent natural and

    human elements. The PGI covers agricultural products and foodstuffs closely linked to a

    geographical area, where at least one of the stages of production, processing or preparation takes

    place within the given area.

  • 8/6/2019 Master Dizertatie Finala2

    15/58

    The EU PDO/PGI regulation provides EU-wide protection to names of agricultural

    products and foodstuffs to prevent the use of registered names unless the products originated

    from the specified territory and according to a specified Code of Practice. As a result of

    amendments introduced under EU Regulation 510/2006, this protection is also provided to

    names of products produced in countries outside the EU, if these names are themselves protected

    in their own country of origin. The EU Commission can now also receive applications directly

    from non-EU producers. In order to benefit from PDO/PGI protection, EU producers can apply

    to register a name with their national authorities. The application for review and publication of a

    GI by the EU commission is free of charge. All applications must refer to a Code of Practice that

    must include at least the following:

    1. The name of the product comprising the designation of origin or geographical indication.

    2. A product description, including raw materials, if appropriate, and principal physical,chemical, microbiological or sensory properties of a product (involving taste, colour, odour and

    feel).

    3. The geographical region of production (and any details relating to the origin of raw materials

    used in production of the product).

    4. A description of the method of production, including local know-how and packaging of the

    product, where appropriate.

    5. Details of the relationship between the quality or characteristics of the product and the

    geographical environment in the case of a PDO or, as the case may be, the link between the

    specific quality, reputation or other characteristic of the product and the geographical origin in

    the case of a PGI

    6. The name, address and specific tasks of the authorities or bodies verifying compliance with

    the provisions of the specification.

    7. Any specific labelling rules for the agricultural product in question.

    8. Evidence that some quality, reputation or other characteristic associated with the product is

    linked to the region of production.

    If the application is successful and the name is registered, then any producer from within the

    region complying with the product specifications and controlled by a control body or national

    authorities can use the registered name.

  • 8/6/2019 Master Dizertatie Finala2

    16/58

    The level of protection offered to GI products is a very important but not the only aspect

    of the legal framework that national governments can promote. The recognition of the GI as an

    intellectual property right also requires the establishment of rules of the game. These rules

    need to ensure the participation of all relevant stakeholders in the development and management

    of a GI system, to avoid the exclusion of concerned stakeholders and to ensure that both social

    and economic issues are addressed.

    The existence of a sound legal framework for the protection of GI-related intellectual property

    rights, both inside the country and at the international level, is an important condition for the

    economic sustainability and the implementation of a GI system. This requires the integration of

    many different policy aspects at the local, national, regional and international levels to ensure the

    system is transparent, enforceable and efficient.

    A transparent registration procedure is necessary, one that clearly defines the conditions forapplication without making the procedure too complicated. Indeed, smallscale producers for

    example are likely to be discouraged from applying for GI protection if this involves highly

    technical, bureaucratic or complex registration procedures. In these circumstances, large

    producers who may have more resources to devote to the process are likely to gain an unfair

    advantage in the GI market.

    In addition to registration, it is also important to establish an efficient system for the oordination

    and enforcement of GIs in practice. The national institutional framework will greatly influence

    the effectiveness of the GI system in this regard, in addition to the role played by local

    stakeholders in ensuring adequate self-regulation and internal controls, such as through the

    establishment of a participatory guarantee system .

    To be effective, the legal framework should be accompanied by an adequate provision of

    information on the objectives and characteristics of the normative framework, as well as

    capacity-building measures, both for public institutions and production system stakeholders.

  • 8/6/2019 Master Dizertatie Finala2

    17/58

    2.2.THE LEGAL FRAMEWORK IN ROMANIA

    Romanias adherence to the European Union implies that our country has to respect some

    conditions in the case of traditional products, so that they can be commercialized in the European

    area. This category of products has to be registered as traditional specialties, having the

    meaning of traditional products.

    Since we are an EU member, there were some problems regarding the manufacturing and

    commercialization of traditional cheese, and of other products, in what concerns the strict

    requirements regarding hygiene and food safety. Whatsoever the type of production (traditional

    or conventional), any manufacturer/ processor has the obligation to respect the minimum

    requirements of food safety, established by the legislation in force and the ISO standard SR EN

    ISO 22000:2005, adopted in Romania in September 2005 (Food Safety Management Systems.

    Requirements for any organization in the alimentary industry.)

    Below are defined the terms used and establishes the romanian authorities responsible

    with documentation, in order to obtain protection of geographical indication or of the designation

    of origin of an agricultural or alimentary product, and with the surveillance of labeling on the

    market and of using the national or community logo.

    In order to have a clear presentation, the expressions and terms below have the following

    meanings:

    the national logo represents the national symbol present on the labels of agricultural or

    alimentary Romanian products, commercialized under a registered name (present in the

    Registry of origin designation and protected geographical indication) having national

    protection;

    agricultural or alimentary product certification is the procedure by which an inspection

    and certification organism affirms that the product is authentic and respects the tender

    book or the technical specifications; it could also be a regulation regarding production,

    processing, defining, description, presentation, labeling and commercialization.

    inspection and certification private organism is a recognized entity of the Ministry of

    Agriculture and Rural Development, accredited in conformity with the European standard

    EN 45011 and ISO/CEI 65 (General requirements for organisms which are working with

    product certification system).

  • 8/6/2019 Master Dizertatie Finala2

    18/58

    the Code of Practice is the document which comprises the name and description of the

    product, the geographical area, and the proof that the product originates in that area, the

    method of obtaining the product, the relation between the quality and its characteristics

    and the geographical environment or the geographical origin, authorities and organisms

    that verify these issues, supplementary elements of labeling. The Code Practice is

    elaborated in conformity with the provisions of the Councils Regulation (CE) no.

    510/2006;

    the registration request is the documentation which contains data regarding the name and

    address of the solicitor, the Code of Practice and a unique document; it is elaborated in

    conformity with the provisions of the Councils regulation (CE) no. 510/2006;

    a group of manufacturers is any association, irrespective of form or juridical organization, of

    manufacturers or processed, of who manufactures or processed the same agricultural or

    alimentary product for which it is demanded protection for the origin name or geographical

    indication; a physical or juridical person can be considered to be a group in conformity with

    the provisions of the Commission Regulation (CE) nr. 1.898/2006, regarding the details

    about implementation rules of the Commission Regulation (CE) nr. 510/2006;

    the unique document contains the main elements of the Code of Practice and describes the

    relationship between the product, its environment and the geographical origin; it is elaborated

    in conformity with the provisions of the Commission Regulation (CE) nr. 1.898/2006,regarding the details about implementation rules of the Commission Regulation (CE) nr.

    510/2006;

    the registration of the origin name and of the geographical indication of an agricultural or

    alimentary product represents the date of registration in the Registry of origin names and

    protected geographical indications, and the date when national protection is received;

    the Registry of origin names and protected geographical indications is the legal document of

    registration containing the names with national protection;

    traditional product it has to be obtained from traditional raw materials, it has to have a

    traditional composition, or a manufacturing/processing way which reflects a traditional

    technological procedure of manufacturing/processing, and which can be easily distinguished

    from other similar products in the same category;

    the traditionality is the sum of elements by which a product can be easily distinguished

  • 8/6/2019 Master Dizertatie Finala2

    19/58

    from other similar products in the same category; the traditionality cannot be limited to a

    qualitative or quantitative composition, or to a way of manufacture established by a

    community or national regulation, or by voluntary standards; this rule is not implemented if

    the regulation or the standard was established in order to define the traditionality of a

    product;

    the certification of GI products is the recognition of a products traditionality by its

    registration in conformity with the provisions of the norm;

    The competent institutions for this domain, for this category of processors are:

    ONPTER - the National Office of Traditional and Ecological Romanian

    Products

    MADR - The Ministry of Agriculture and Rural DevelopmentofRomania

    ANSVSA - National Sanitary Veterinaryand Food SafetyAuthority

    ANPC - The National Authority for Consumer Protection

    In Romania, the competent authority which is ought to verity the documentation used to register

    a GI product and to give the protection for the name is MADR, whose Direction for policies for

    alimentary products and animal breeding is responsible to create and administrate a registry of

    traditional product attestation.

    ONPTER has attributions in order to support the manufacturers, to promote and protecttraditional and ecological products.

    ANSVSA is the institution which regulates the activity in the food safety domain and takes

    actions based on functional and decisional autonomy, according to Law 150/14.05.20041 (with

    subsequent additions and modifications). ANSVSA is the transposition of 178/2002/CE

    Regulation in the national legislation.

    ANPC is the institution which verifies the labeling of products and the use of logo.

    The national logo will be used in order to identify the products name with national protection onthe market.

    LEGISLATION

    1. H.G. nr. 134/ 6.02.2008 regarding guaranteed traditional specialties, contains updated

    terminology and requests in order to obtain the protection for guaranteed traditional

  • 8/6/2019 Master Dizertatie Finala2

    20/58

    specificity of an agricultural or alimentary product. It also contains the verification on

    the market of labeling and national and community logo.

    2. H.G. nr. 828/ 2007 establishes:

    the authority responsible with the control of documentation drawn up to receive

    the protection of a name (geographical indication or origin name) MADR.

    the authority responsible with the verification on the market of labeling and

    national and community logo ANPC.

    the control of documentation drawn up to receive the protection of a name

    (geographical indication or origin name)

    private inspection and certification organisms (accreditation according to SR EN

    ISO 45011)

    3. ORDER no. 690/ 28.09. 2004 (MO 938/ 14.10.2004), regarding the approval of the

    Norm regulating the conditions and criteria for the attestation of traditional products

    establishes:

    the procedure of registration and control of documentation drawn up to receive

    the protection of a name (geographical indication or origin name)

    the procedure to declare opposition at national level

    the procedure of sending the documentation to the European Council

    the specific regulations regarding the model and the use of national logo

    4. from MAPDR no. 285/2004 in order to approve the Norms regarding the protection of

    origin names and geographical indications of agricultural and alimentary products.

    5. MAPDR Order no. 233/2004 in order to approve the Norms regarding specificity

    attestations of agricultural and alimentary products.

  • 8/6/2019 Master Dizertatie Finala2

    21/58

    2.3. THE CODE OF PRACTICE

    The code of practice is a document establishing the rules for the use of a geographical indication

    (GI). Its elaboration is a very important step, leading to the voluntary standard or specifications

    with which local producers who want to use the GI have to comply.

    The code of practice , which could also be called book of requirements, product

    specification, disciplinary document etc., corresponds to a voluntary standard that defines the

    specific quality of a product that is shared among producers who use the related geographical

    indication.

    The aim of the code of practice to provide rules for applying the specific quality to the GI

    producers located in a delimited area. Therefore, it must describe the specific characteristics of

    the GI product which are attributable to its geographical origin, justifying the link between the

    product and the territory (the same product cannot be elaborated in other territories). It mustexplain how a given quality (the specific attributes that make the product different from others of

    the same category), a reputation (history of the product, past reputation, current reputation) or

    other characteristics (for instance know-how) are linked to the origin. The rules do not have to be

    very complicated or numerous, but they need to be extremely focused on the elements that give

    the product its originality and typical character.

    The code of practice includes the definition of the product (name, characteristics, production and

    processing methods), the delimited area concerned and is associated with a guarantee system

    (control plan) to ensure conformity of a GI product to the specifications. As a consequence, the

    Code of practice both a tool for internal coordination (collective rules for fair competition

    between producers) and external trust (recognition by society, information on quality available

    for retailers and consumers).

  • 8/6/2019 Master Dizertatie Finala2

    22/58

    2.3.1 THE MAIN CONTENT OF THE CODE OF PRACTICE

    Description of the product

    The main physical, chemical, microbiological or organoleptic characteristics of the product,

    focusing on features that can be easily monitored.

    Ingredients and raw materials

    The ingredients and raw materials that should be used in the production process, and/or

    ingredients and raw materials that should not be used.

    Definition of the process

    The method for obtaining the GI product in all the phases of the production process (agricultural

    production, transport, processing, conditioning, seasoning/maturing and final packaging). If

    needed, insert explicit prohibition for using some production methods. Focus on relevant phases

    and aspects.

    Demonstration of the specific quality linked to geographical origin

    Focus on the elements justifying the link between the specific quality and the resources in the

    geographical area (natural and human).

    Definition of the production area

    Description of the delimited production area. When needed, a distinction is made between the

    production area of the raw materials and the production area for processing and conditioning.

  • 8/6/2019 Master Dizertatie Finala2

    23/58

    Name(s) of the product and labelling rules

    List of the name(s) that the GI product can have and when needed, the quality classification and

    differentiation (depending of the processed stage or presentation).

    Control plan - verification system

    Description of how the controls will be used and when needed, the certification system

  • 8/6/2019 Master Dizertatie Finala2

    24/58

    CHAPTER III

    3.1. THE CHARACTERIZATION OF THE BEEKEEPING SECTOR IN ROMANIA

    3.1.1. Short history of Romania beekeeping

    Romania has a long tradition in raising honey bees and manufacturing apiarian products, the

    apiculture being an independent occupation since ancient times, initially for the products

    obtained (honey, pollen, royal jelly, propolis, wax and bee venom) and afterwards, for the

    contribution these insects have upon cultivation of crops (fruits, vegetables and seeds) through

    pollination (The National Beekeeping Program 2010).

    The Romanian apiarian sector is one of the agricultural sectors with the longest tradition. The

    Thracians and dacians, the ancestors of Romanian people, were raising honey bees to obtain

    honey, wax and other beekeeping products. Herodotus mentions in the Vth century B.C. the

    multitude of bees at the North of Danube in Book V, Chapter X. This is the first documentary

    attestation of apiculture on the Romanian territory: The Thracians say that the territory beyond

    Istrum is occupied by bees, and this is the reason why nobody can go through. There are also

    many historical sources, archeological discoveries, folkloric sources which attest the continuity

    of apiculture in the Carpato-Danubo-Pontic space. The archeological research proved the

    existence of bees in ancient times. This affirmation appears in the study Anabassis

    written by Xenofon, the great Greek historic (430 355 B.C). According to him, the food ofGetae people was mainly honey, vegetables, milk and little quantities of meat, because the belief

    in Zamolxes restrained them (CHIRIL AURELIA and PTURIC SILVIA, 2005).

    The chronicler Dimitrie Cantemir wrote that the locals were raising honey bees and were selling

    honey and wax.

    The Romanian honey bee,Apis mellifera carpatica, has been formed in the specific pedoclimatic

    and melifer conditions in the Carpathian area. The continental temperate climate in our countryis characterized by reduced precipitations, large varieties of temperature and powerful winds.

    The Romanian bees are a kind race of bees, having a tamed behavior around gofers.

    In 1785, Ioan Molnar Piuariu, publishes the first Romanian book of apiculture, The Economy of

    beehives. In the XXth century, national and international associations of bee breeders are formed

  • 8/6/2019 Master Dizertatie Finala2

    25/58

    APIMODIA. In 1958 Romania becomes member of this association, and in 1965 the elected

    president of this association was prof. Viaceslav Harnaj, a Romanian apiarian personality. The

    Romanian Bee Breeders Association was set up in 1957 having as president the same prof.

    Viaceslav Harnaj. Afterwards, the Institute of Research and Manufacture of Apiculture was set

    up in Bucharest, along with many subsidiaries in the country, so that the apiarists could keep in

    touch (CHIRIL AURELIA and PTURIC SILVIA, 2005).

    In 1989 the Romanian honey production represented 1.4% of the total of honey on the globe, and

    8.5% of the European production, which means 62,6 kg/1.000 inhabitants, comparing to the

    European average of 30,7 kg and the global average of 20.6 kg. After 1990, because of the

    abolishment of state and corporatist apiculture sectors, the number of bee families was halved,

    and the private property became the dominant part (98%). This fact determined the abolishment

    of numerous apiarian exploitations and the diminution, respectively the loss of the effectives

    (ZEGREA, E., 2006). In this period, there was a legislative vacuum as well. Ulterior, some

    normative acts were adopted in order to encourage apiculture. The law of apiculture 89/1998 was

    adopted.

    The evolution of the Romanian beekeeping patrimony had three distinctive stages between 1990

    and 2003 (ZEGREA, E., 2006):

    stage 1990-1993, when the apiarian patrimony halved, with the disappearance of 638000

    bee families, especially the ones from state and corporatist apiculture sectors.

    stage 1993-2000, when 166000 bee families disappeared.

    stage 2000-2003, when the apiarian effective grew with 255000 bee families, with an

    average annually growth rhythm of 75000 families.

    The apiculture production resources are the melifer plants species of plants that assure thenecessary raw material for the biological processes of the bees. The melifer basis can be defined

    as the totality of melifer plants situated in the fruitful activity area of honey bees (3 km or 2800

    hectares of land), which assures the necessary raw material for their survival and development

    (ZEGREA, E., 2006).

  • 8/6/2019 Master Dizertatie Finala2

    26/58

    Due to the geographical position, to optimal natural and climate conditions for the development

    of nectaro-pollenifer species, Romania has favorable conditions to develop apiculture as an

    economical activity. The obtained quantity of honey depends on the melifer potential of the area

    given by the melifer plants nectar and pollen, the size of the area, the capacity of bees to gather

    and the meteorological conditions (ZEGREA, E., 2006).

    4.2. BEEKEEPING PRODUCTS

    In order to develop the beekeeping sector in Romania we have to take into consideration the

    diversification and intensification of production, the growth of honey bees families, the

    assurance of production quality, the harmonization of Romanian legislation in conformity with

    the legislation of the EU.

    The economic importance of apiculture is given by the value of beekeeping products directly

    obtained from honey bees, and by the value of agricultural products obtained from cultivated

    plants that have been pollinated. The medical value of apiarian products is very important; they

    are used in apitherapy for the treatment of some diseases.

    Large quantities of honey are produced in Romania, but a very small quantity is valorized on the

    internal market because the honey consumption per inhabitant is one of the lowest in Europe -

    300 grams, comparing to 2 kg in Germany, followed by Holland and Belgium with 1.5 kg (TheNational Statistics Institute). In a year with no meteorological problems, Romania produces

    around 20000 tones of honey, from which 50% is polifloral honey, 35% is locust honey and 15%

    is linden honey.

    The honey production in Romania (The National Apiarian Program, 2010)

    Years 2000 2001 2002 2003 2004 2005 2006 2007 2008 20092010

    estimationHoney

    production

    - tones

    1174

    6

    1259

    8

    1343

    4

    1740

    9

    1915

    0

    1819

    5

    1819

    5

    1676

    7

    2003

    7

    2150

    015000

  • 8/6/2019 Master Dizertatie Finala2

    27/58

    0

    5000

    10000

    15000

    20000

    25000

    2000 2001200220032004200520062007 200820092010

    estimation

    Honey

    production -

    tones

    Fig.1. The evolution of honey production in Romania

    In 2010, the honey production in Romania has decreased very much caused by the unfavorable

    weather conditions, with precipitations on the whole period of locust blooming.

    An important role in the apiarian production is held by secondary products: the pollen harvested

    with the help of collectors, propolis, royal jelly, wax, bee venom and larval triturate (known by

    its commercial name of apilarnil). These secondary products are used at the manufacturing of a

    wide range of nutritive supplements, medicines and for the production of cosmetics.

    The national market of honey is dominated by a few manufacturers, who collect and process

    honey from hundreds of individual apiarists. Their products can be found in retail markets or as

    raw material in the industrial field. The increase of apiarian production and the activitydevelopment of the apiarian sector need an intense preoccupation for production diversification,

    from the part of all actors in this domain. Besides honey, the tapping of the other beehive

    products (pollen, royal jelly, propolis, pasture, bee venom, and apilarnil) generates growth of

    revenues, and an increased efficiency of this activity.

    Between 2008 2009 there was an evolution of honey price in Romania. The price was

    influenced by factors like: the general evolution of the market from a global perspective, the

    evolution of valutary exchange course, the level of living, the awareness of a healthyalimentation among Romanian population (The National Apiarian Program, 2010).

    The graphs below represents the evolution of average price of honey in bulk and the evolution

    of selling price of honey in romanian market places in 2008 and 2009.

  • 8/6/2019 Master Dizertatie Finala2

    28/58

    Fig. 2. Evolution of average selling price of honey

    Source: (The National Apiarian Program, 2010)

    The most representative Romanian area from the point of view of melifer potential and of

    number of bee families is Oltenia, represented by the county of Vlcea, with approximately

    70000 families of bees, and the county of Gorj with 27000 families. Muntenia is represented by

    the county of Arges with 38000 families. Banat has 30000 families, and in Dobrogea, because of

    the difficult climate conditions, the melifer base is reduced and so is the level of apiculture.

    Every region of our country has at least two zones with apiarian potential (The Bee Breeders

    Association). The actual trend is apiarian effective and apiarian production enlargement, becausethe pedoclimatic conditions and the melifer base in Romania allow the economic exploitation of

    a large bee effective.

  • 8/6/2019 Master Dizertatie Finala2

    29/58

    614

    745 781 839

    888 920 975

    1086 1109 11101280

    0

    200

    400

    600

    800

    1000

    1200

    1400

    2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

    Bee families

    (thousands)

    Fig. 3 The evolution of bee effectives.

    Source: (The National Apiarian Program, 2010)

    Between 2007 2009, due to the National Apiarian Program support, concerning the livestock

    repopulation, the average of bee families (the exploitation category 1 50) has grown from 14

    families/apiary to 18 families/apiary; at the rest of categories, the number of families grew with

    2.21%, respectively 1.61%. Nowadays, Romania is among the countries with a well developed

    apiculture, as a consequence of the large number of bee families, the quantity of obtained honey,

    the diversification of apiarian production, the results of research activities and the training of

    specialists, etc.

    Table 2 The exploitation allotment of bee effective at 12/31/2009

    The dimension of

    the exploitation (no.

    of families)

    No. of bee families % of the effective

    1 - 50 627.823 56,5650 - 150 265.676 23,94over 150 216.501 19,50TOTAL 1.110.000 100

    Source: The National Apiarian Program, 2010

  • 8/6/2019 Master Dizertatie Finala2

    30/58

    0-5050-100

    over 150

    0-50

    50-100

    over 150

    Fig. 4 Explotation of bee effective at 12.31.2010

    Source: The National Apiarian Program, 2010

    In Romania, the ecological apiculture is a dynamic sector. The first manufacturers in ecological

    apiculture were certificated in 2000, and their number is continually growing each year. In 2005

    there were 132 manufacturers certified in ecological apiculture, in 2006, 335 along with nine

    processors and two exporters, in 2008 there were 584 manufacturers, 15 processors, 22

    merchants, one importer and eight exporters. In 2009, the number of persons who practice

    apiculture was of 1018. In 2009, the production of ecological honey was of 3200 tones. The

    exploitation structure in ecological apiculture comprises individual apiarists and associates in

    apiculture (MADR).

    The productions of ecological honey and apiarian products have significant results. If in 2000,

    Romania was producing 6 tones of ecological honey, in 2005 the production was of 610 tones,

    and in 2006 of over 700 tones. In 2008 the honey production was of 2357.307 tones, and in 2009

    of 3200 tones.

    Ecological honey and apiarian products are merchandised in the country and abroad. In 2006,

    over 65% of ecological honey was exported. In 2008, 1100 tones of ecological honey were

    exported to the UE markets (The National Apiarian Program, 2010).

  • 8/6/2019 Master Dizertatie Finala2

    31/58

    Fig. 4 The evolution of bee families ecologically certified

    Source: The National Apiarian Program, 2010

    The quality of honey and apiarian products with ecological certification depends on the

    treatments applied to hives, the quality of the environment, the extraction, processing and

    depositing conditions. The purpose of the ecological apiculture is to obtain pure qualitative

    apiarian products, without using chemical synthesis substances. Ecological honey is obtained in

    conformity with the regulations and principles of ecological apiculture, established by the

    community and national legislation. They way these norms are applied by the apiarian are

    verified by an organism of inspection and verification.

    In order to maximize the profitability of the apiarian sector, the rise of unitary selling

    price is essential, by merchandising them to direct clients and by establishing a price that reflects

    the quality of products. It is very important to offer the clients the possibility to taste the

    products, and to inform them about the antioxidant, nutritive and medical qualities. The honey

    can be sold in combination with hazelnuts, nuts, cinnamon, mint, pollen or pasture. The apiarians

    can manufacture other products that contain honey such as salad dressings, vinegar with honey,

    hazelnut butter with honey, sweets, hydromel, etc. (WENNING C., 2001).

  • 8/6/2019 Master Dizertatie Finala2

    32/58

    Table 3 The evolution of honey production ecologically certified

    SPECIFICATION U.M YEARS2006 2007 2008 2009

    total quantity of ecological honey -

    export

    tones 1242

    756

    1950

    938

    2650.1

    1280

    2800

    1400The percentage of honey exported

    from the total amount of honey

    % 60 % 48 % 48 % 50 %

    The percentage of honey exported

    from the total amount of ecological

    products

    % 0.012 0.009 0.009 0.010

    Source: registration of MADR operators.

    4.3 The apiarians and the apiarian firms

  • 8/6/2019 Master Dizertatie Finala2

    33/58

    The professional training of an apiarian is very important before starting a business in this

    domain. The biological particularities of the species and the technology of breeding bees need

    serious knowledge in the domain (theoretical and practical).

    Table 4 The main types of capital used in apiculture

    Natural bees, a place to install beehives, water, sun, biodiversityHuman apiarian and merchandising knowledge and competences, health

    and work forceMaterial equipments, materials, transport means, infrastructure, water and

    energy input, buildingsSocial Help from family and friends, being a member in associations and

    groups, access to information regarding the market, access to

    research resultsFinancial money, economies, access to credits and funds

    Source: BRADBEAR NICOLA, 2005

    Because the apiarian products are not well and sufficiently promoted, the entrepreneurs in this

    domain have to adopt useful marketing strategies, so that honey could be merchandised not only

    in agro alimentary markets, but especially in specialized supermarkets here and abroad.

    Being an activity that doesnt need great investments, breeding honey bees became a professionfor the persons that live from the revenues obtained by selling apiarian products, and a way of

    relaxation for those who exploit different resources. The economical advantage that contributes

    to the increase of revenues of apiarians is the valorization of beehive products. In order to

    increase the production, the apiarians use multiple methods like: optimal dimensioning of the

    apiary, intensive apiculture, maintaining powerful families, fighting against diseases and pest,

    using apiary technology, etc (The National Apiarian Program). The apiarian is the person who

    practices apiculture, and who owns, breeds or exploits bee families. There are several types of

    apiarians: amateurs, semi-professionals and professionals. The main objective of amateurs is to

    obtain apiarian products for his family, and eventually for a small profit. According to norms, an

    amateur apiarian has around 1 50 bee families. There is an average work volume, the

    genetically material is obtained by personal means, and the apiarian has another main job. In

    Romania, there are a lot of people who practice apiculture as a hobby, without having solid

  • 8/6/2019 Master Dizertatie Finala2

    34/58

    knowledge of it. The semi-professionals have 51 150 bee families, the work volume is of 1300

    1400 hours/year, the genetically material is bought from specialized stores, a modern

    apiculture can be practiced with the help of work mechanization, and some products of the

    beehive are primarily manufactured. The apiarians who have over 600 bee families are

    considered to be professionals. In this case, pastoral apiculture is compulsory. The hours of work

    /year are increasing, and additional season workers are needed. The functioning of an apiary is

    very efficient under the form of a commercial society (BURA, M. et al., 2005). The main types

    of apiarian exploitation and the main categories of apiarians can be found in Table 5.

    Table 5 Types of apiarian exploitation

    Type of apiary Small Medium LargeCategory of the

    apiarian

    Amateur Semi-professionals Professionals

    Exploitation

    type

    Familial exploitation Farm Farm or commercial

    societyBee families

    owned

    a minimum of 50 in

    Romania, 80 100

    abroad

    51-150 in Romania; 100-

    600 abroad

    Over 600

    Assurance of

    reproductive

    material

    By personal breeding or

    buying

    Buying from specialized

    stores

    Buying from

    specialized stores

    Work force Own workforce Own workforce/

    employees

    Employees

    Annual work

    volume

    Variable, usually in

    weekends

    Under 2000 2000-2400

    juridical status Physical authorized

    person

    Physical or juridical

    authorized person

    Juridical authorized

    personMotivation for

    manufacturing

    Adding money to family

    budget, hobby

    Profit, services

    (pollinating)

    For living, services,

    profitPerspective Development Concentration,

    specialization,

    diversification

    restructuring,

    specialization

  • 8/6/2019 Master Dizertatie Finala2

    35/58

    Other

    characteristics

    The apiarian doesnt have

    the possibility to practice

    apiculture in an

    industrialized system.

    The amateur with a small

    apiary (20 25 bee

    families) assures the

    necessary for his own

    family, realizing an

    exceeding to cover his

    expenses. He recovers

    most of expenses. Theapiarian with over 35

    families, valorizes his

    surplus of apiarian

    products locally, in order

    to have supplementary

    revenue.

    The apiculture is the

    second profession. A

    modern apiculture can be

    practiced with the help

    of work mechanization.

    It is not profitable to

    process the behave

    products on his own,

    because of large

    investments needed.

    The apiarian practices

    an industrialized

    apiculture, with the

    help of work

    mechanization. He

    processes the products

    and sells them directly

    to clients, or by

    supermarkets. He lives

    together with the

    family from this

    revenue.

    Source : BURA, M. et al., 2005

    The apiculture supposes necessary competences for attending the bees depending on the season,

    to feed them and to defend them from diseases, pest and other noxious factors. The apiarian has

    to valorize the production in profitable conditions, and to realize profit. Apiculture supposes

    collaboration with agricultural producers. Concentration, mobilization, tenacity, courage,

    working under stress because of the weather, are a few of the necessary abilities of an apiarian.

    Among the most important activities of apiarians are the following:

    Drawing up the plan for incomes and outcomes in the apiary

    Identifying sources of financing

    Preparing bee families for winter

    Organizing spring work in the apiary

  • 8/6/2019 Master Dizertatie Finala2

    36/58

    Organizing pastoral apiary

    Multiplying bee families

    Assuring the health condition of bees

    Harvesting and conditioning apiarian products Valorizing apiarian products

    Identifying potential clients for apiarian products

    The apiarian firms have to valorize and develop the internal resources, assuring the promotion of

    Romanian firms on the internal market and the attraction of investors. Promoting a partnership

    with managers from economically developed countries has the purpose to increase the

    cooperation in order to raise the competitiveness of Romanian firms, on the internal and external

    market. The Romanian government has to encourage new apiarian firms by financial aid,

    consultancy and training activities.

    Approximately 50% of the honey consumed at a national level is commercialized through retail

    magazines (around 5000 tones/year). At national level, there are 10 private brands developed by

    6 retailers and 27 products. The great majority are manufactured by local producers. Apicola

    Pastoral Georgescu andApidava are the only Romanian producers in a private brand. Apidava is

    the only national product or ecological honey present in supermarket chains (FRSINEANU, F.,

    2010).

    Industrial apiary is based on modern and efficient modern technologies which determine a high

    level of apiarian production, low costs and minimum work volume. The industrial apiary is the

    concentration, intensification and rationalization of apiarian production (VLCEAN, C., 2007).

    The industrial apiary leads to high qualitative and quantitative apiary production. Geo climate

    conditions, the rich and diverse melifer and pollen basis in Romania creates a wonderful

    opportunity to practice and extend industrial apiary. In order to manage an industrial apiary,

    there are a series of organizational and technical methods like: the attendance of beehives

    respecting specific conditions, principles and work methods. The apiaries have to be installed at

    certain distance from the center of the farm, having access roads and modern ways of

    communication. The seat of the farm has a hall where the extraction and processing of products

  • 8/6/2019 Master Dizertatie Finala2

    37/58

    takes place, with modern technological lines, various equipment, storage space, workshops,

    garages and offices.

    CHAPTER III

    3.1.RESEARCHES CONCERNING THE MARKETING OF GI PRODUCTS

    -

    Being knowledgeable about markets, marketing channels, consumer demands, selling and

    competition, in other words marketing, can reduce the risk of business failure and increase

  • 8/6/2019 Master Dizertatie Finala2

    38/58

    chances of generating income and profit for the GI organization and its members. Profits will

    enable the GI system, its organization and members to survive in the long-term as costs will be

    covered, remuneration for its members will be earned and

    investments for the future can be made.

    However, marketing of GI products represents a challenge: Marketing must be considered from

    the point of view of the GI organization (collective marketing), as well as from the point of view

    of its members (individual marketing). Importantly, marketing carried out needs to be integrated

    between these two levels. Further quality aspects, territory, social and cultural issues as well as

    other related economic sectors, such as tourism, also need to be considered in the marketing of

    GI products.

    3.1. Organizational System GI producers

    Setting-up collective rules for GIs strengthens the links between local stakeholders, especially

    when marketing their product. This common interest creates interdependence, and thus become

    the foundation for collective actions.

    To create value for consumers and income for producers, the GI production system, like for most

    value chains, involves a series of activities undertaken by stakeholders owning different assets.

    However, unlike most value chains, all members of the GI production system share a common

    asset: the GIs reputation. This common asset justifies a specific coordination structure,

    representative of all the members of the GI production system. Indeed, the commercial behaviour

    of each producer has an effect on the reputation of the GI; as well this collective reputation

    impacts each producer.

    Collective initiatives can increase benefits and reduce the costs of using the GI for marketing the

    product. All professional categories of the supply chain should agree on giving responsibilities to

    a common structure in order to contribute to maintaining quality and reputation, and thus,

    increasing the value of their GI products.

    Roles and activities of a GI organization

  • 8/6/2019 Master Dizertatie Finala2

    39/58

    It is important to take into account that GI producers are often involved in the production and

    marketing of different products (the GI product as well as others), while the GI organization

    focuses its marketing on only the GI product.

    The activities that the GI organization can carry out to support the GI system are manifold. The

    GI organization may enable the reaching of agreements among local producers on questions

    related to production systems and marketing strategies. Usually, the GI organization manages the

    control system (directly or indirectly) to guarantee the quality level of the GI products for

    producers and consumers according to the code of practice. Other important and frequent

    activities of the coordination structure are related to the collective market promotion of the

    product and. In some cases, the organization directly manages some production or other

    activities such as final processing, and classification or packaging of the product.

    The organization structure

    The organization should represent all the stakeholders of the GI production system.

    A formal definition of the organizations structure is necessary and can take different forms;

    association, consortium, group of representatives of professional categories involved in the

    production process of the GI product, cooperative or inter-professional organization. The

    organization in charge of managing the GI system should be the same as the group applying for

    the GI legal protection and it should incorporate the lessons learned during the GI application

    phase.

    This organization may include stakeholders active at different levels of the GI supply chain: raw

    material producers, primary processors, secondary processors, and when relevant to the GI

    system, middlemen or distributors (See figure 1). In principle, the organization should represent

    all categories included in the code of practice and in a way it represents all types of actors within

    the category. Normally, these categories nominate their representatives to the organization.

    Producers belonging to the GI value chain delegate certain responsibilities to the collective

    representative organization, depending on the objectives they have. The collective actions

    complement individual entrepreneurial actions and do not replace them. All members maintain

    their financial autonomy, remain owners of their assets, trade with partners of their choice and

    retain a level of technical freedom within the code of practice

  • 8/6/2019 Master Dizertatie Finala2

    40/58

    Figure 1: Example of a GI inter professional organization

    EXAMPLES OF ACTIVITIES AND SERVICES THE GI ORGANIZATION MAY PROVIDE

    RULES AND CONTROLS

    Set up the local rules (code of practice) and adapt them over time.

    Manage an internal control system and reduce the cost of external certification through

    economies of scale and management of relations with the external certifier.

    Facilitate conflict resolution and arbitrate in case of disputes over the code of practice. A

    legitimate and objective representative commission can decide if practicesare compatible or not

    with the code of practice.

    PRODUCTION

    Increase the quality of the GI product by providing technical assistance and information,

    facilitating the introduction of innovations.

  • 8/6/2019 Master Dizertatie Finala2

    41/58

    Directly manage some production activities, like final processing and classification or

    packaging of the product.

    Reduce the individual costs of services that usually are unaffordable for most individual small-

    scale firms; for example, product research and development, technical advice and information

    relating to competitors and quality and production volume of the GI product.

    MARKETING

    Increase the bargaining power of local producers in the supply chain. The GI organization

    might become a place for structured negotiations on quality and price premiums among the

    different professional categories.

    Elaborate collective marketing strategies; although many responsibilities such as customerrelations, the sales force, price and distribution will remain the responsibility of each producer.

    Develop collective actions to reduce costs (for example market research and information and

    promotion initiatives in order to gain visibility in the market).

    COORDINATION, REPRESENTATIVITY and SUSTAINABILITY

    Represent the GI system in the dialogue with external actors, in particular with public

    authorities in charge of GI policies.

    Facilitate access to firms who want to use the GI protection scheme.

    Develop internal trust among producers and processors who share the use of the GI;

    Provide a forum for discussing problems and opportunities to use the GI;

    Improve coordination between producers and between different stages in the supply chain, thus

    improving the efficiency of the value chain and the competitive position of producers.

    Make proposals for orienting the evolution of the GI system towards economic, social and

    environmental sustainability.

    The composition and rules for running a GI organization are very important issues.

    The following key principles should be taken into account:

  • 8/6/2019 Master Dizertatie Finala2

    42/58

    Representativeness in the management board of all categories of firms involved in the GI value

    chain and of all types of actors within each category (for example artisan and industrial

    processors, small-scale and large-scale farmers). If a category is insufficiently represented, it

    might not respect the rules or may act self-interestedly.

    Transparency and democracy in the decision-making processes, taking into account the

    effective participation of each actor in the economic activity of the GI system.

    Equitable financial contribution of each member to the GI organization, on the basis of

    correspondence between costs and benefits. It is good practice to differentiate the membership

    fee (unique and not too expensive) and the payment for services (that should be proportionate).

    In some situations solidarity principles could apply, asking more from bigger stakeholders in

    order to support smaller ones taking part in the GI organization

    Participation of the local public administration in the GI organization allows greatercoordination with public policies.

    Promotion of communication and networking as important dimensions of the local GI

    production system organization.

    As in any organization, the definition of internal rules (and their constant improvement) should

    be considered, including conflict resolution mechanisms. The statute should consider good

    practices, models and legal requirements provided at the national level.

    It should seek advice from other previously successful organizations in the country and seek

    support from specialized support agencies with expertise in rural organizations

    Potential advantages and disadvantages of being part of the GI organization

    Producers located in the GI delimitated area and producing the origin-linked product ave to

    decide whether they want to be part of the GI organization, meaning producing and processing in

    conformity with the GI code of practice and importantly using the GI for marketing the product.

    Such a decision has many consequences for the producer and the decision depends on the

    balance of advantages and disadvantages assoticiated with the GI.

  • 8/6/2019 Master Dizertatie Finala2

    43/58

    Generally speaking, entering the GI organization means that, while retaining autonomy, the

    stakeholder contributes to and implements a GI collective strategy by coordinating with other GI

    stakeholders. In terms of marketing, this means that after assessing the advantages and

    disadvantages of marketing the product with a GI, the stakeholder decides to combine a

    collective marketing strategy with his own strategy

    3.1.1 Beekeepers organizational system in Romania

    Currently in Romania there are approximately 40,000 beekeepers, which carry

    work in both ways as individual beekeepers, as well as various forms of associative. These

    associative are represented by associations, cooperatives, producer groups and federations,

    established according to current law (Agricultural Cooperative Law, 2005).Beekeepers associations have legal personality and are represented at local, county and

    national level. The main institution in Romania which controls bee products market is

    Beekeepers Association (ACA). This is a professional, apolitical, autonomous, non-profit, non

    governmental, private legal personality, bringing together 840 beekeepers as members. It was

    founded in 1958, as a member of International Federation of Beekeeping APIMONDIA. It has

    41 district branches, with technical guidance and organizational responsibilities, specialized

    training and representation at national level. The structure of Beekeepers Association is working

    with 39 county limited commercial companies, as well as two joint-stock companies: S.C.

    Complex Apicol S.A and S.C. Institutul de Cercetare-Dezvoltare pentru Apicultur S.A (Zegrea,

    E., 2006).

    S.C. Complex Apicol SA is a basic economic unit which provides the basis

    testing equipment for the National Beekeeping, bee products processing at higher level,

    production and beekeeping equipment. The research and application foundation of the sector is

    S.C. Institutul de Cercetare Dezvoltare pentru Apicultura S.A. operating since 1974 as a

    research institute. The research results are implemented in production, bringing on the market

    over one hundred items of veterinary drugs and stimulants.

    ACA publishes a monthly magazine regarding technical and scientific information

    Romania Apicola", journal founded in 1916. In 2010, the ACA acomplished a production of 9

  • 8/6/2019 Master Dizertatie Finala2

    44/58

    228 718 RON, and export production of 1 064 829 EURO, more than 647 tones of honey being

    exported mainly to countries of the European Union and the US.

    In addition to this important association, after 1990 in Romania were established other

    associative forms of beekeepers, processors and other participants in the beekeeping pathways.

    So far in Romania there are, over 10 beekeepers associations, more than 20 processing units

    sanitary veterinary approved for honey and bee products processing, two producer groups

    recognized under the current legislation, over 10 types of such cooperative association and an

    association of beekeepers federation.

    Upstream, the beekeeping sector is represented by over 15 companies producing

    equipments and supplies for beekeeping, as well as companies specialized in providing

    informative materials regarding the current law for beekeeping.

    3.2. Strategic and operational marketing

    Marketing encompasses all the tasks that are needed to sell. It is usually written down in

    terms of a marketing plan. The plan aims is to reach consumers according to market

  • 8/6/2019 Master Dizertatie Finala2

    45/58

    opportunities, taking into account the potential and limitations of the GI product, the production

    organization and individual producers involved.

    The plan is usually divided into two main parts; strategic and operational. The strategic

    side constitutes the road map, which gives direction to the marketing effort and addresses such

    questions as: Who to sell to? And where to sell? These questions are usually answered by an

    attentive analysis of consumers, opportunities and threats found in markets and the business

    environment and the strengths and the weaknesses of the GI organization and its individual

    members.

    The operational side of the plan looks at implementing the strategy and addresses such questions

    as: How to sell? And when to sell? (This is commonly referred to as the marketing mix. The

    operational plan simply means organizing the marketing strategy to sell the GI product. For

    example, will the product be directly sold to consumers via on farm visits, or to wholesalers,exporters and retailers and promoted at food fairs? This part of the plan is primarily about who

    will do what in terms of making the marketing strategy become real and who will be responsible.

    Marketing planning is essential both at the collective level (GI organization) and at the individual

    level (firm), and a right balance and coherence have to be ensured between them, depending on

    the concrete situation of the GI system. In some situations, GI firms are well structured and

    organized and they have clearly defined their marketing strategy.

    In this case, the GI organization may intervene on specific tasks where it is more effective to

    work collectively, for example in market analysis. In other situations, especially for small-scale

    GI producers with limited capacity and resources, the collective organization may define the

    whole marketing plan by enhancing the participation of all categories of stakeholders in its

    preparation. In this case, stakeholders should build their marketing plans on the framework of the

    collective plan.

    Commonly, relationships between each individual producer and the GI collective organization

    and other GI producers is a mix of competition and collaboration (co-opetition). This will define

    how each producer will integrate his or her own marketing strategy with the collective one and

    how much each will differ from those of other GI members.

  • 8/6/2019 Master Dizertatie Finala2

    46/58

    3.2.1 Developing a strategic marketing plan

    The strategic marketing plan helps define long and short term strategies. It defines market

    objectives on the basis of potentials, limitations, market characteristics, competitors, etc. For GI