FAO – Ministère de l’agriculture et de la pêche maritime du Maroc Les produits alimentaires de qualité liée à l’origine et aux traditions en Méditerranée

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Labelling Quality linked to Origin and Tradition:The Institutional Framework

Jean-Pierre BOUTONNET (INRA/SAD, Montpellier, France)Hélène ILBERT (CIHEAM/IAM, Montpellier, France)

Hubert DEVAUTOUR (CIRAD/ES, Montpellier, France)

FAO – Ministère de l’agriculture et de la pêche maritime du MarocLes produits alimentaires de qualité liée à l’origine et aux traditions en

MéditerranéeCasablanca 8-9 novembre 2007

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Identification and differentiation of agricultural and food products

Threshold Quality = rules :definition of the product, sanitary requirements, etc.

Compliance to regulation cannot be certified.Failure persecution in front of penal Courts

Distinctive Quality : Voluntary Signs of differentiation of a product on a particular market. Failure loss of market shares

•Brands (Private goods)•Certification brands (collective or club goods)•Standards (voluntary compliance)•Geographical Indications (public goods)

FAO/MinAgMorocco-Casablanca nov 2007 – Boutonnet/Ilbert/Devautour : Institutional Framework

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Legal comparison : Brands vs. GI (1)Brand Geographical

IndicationPROTECTION OF ORIGINAL NAMES

Type of law Regulating human creation and property.

Regulating the links between human activities and nature.

Term Linked to the use made by the owner: prescription if not used.

No prescription : “terroir” and heritage have no term.

Type of property • Individual, owned by a person or an organisation.

• Asset of the firm : can be evaluated and sold.

• Collective, even if only one user.

• Not possible either to delocalise or to sell.

Objectives Corporate Sign. The product and process can be changed immediately.

Codifying tradition and constant processes.


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Legal comparison : Brands vs. GIBRAND GEOGRAPHICAL

INDICATION

PROTECTION OF ORIGINAL NAMES

Types of requirements about characteristics of the product and process

Up to the owner. May change without informing the customer.

Code of practices discussed by the stakeholders and integrating collective concerns. May change after agreement of the relevant collective organisation. Everybody is informed of any change. Transmission to future generations.

Functions Income for the owner • Collective action with redistribution of value added to all stakeholders.

• Local and community development


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Characteristics of the geographical indication

Factor of competitivenessOpen

Voluntary Collective

Valorisation of a quality, a reputation, or specific characteristics linked to a place:

Origin = a place + a public code of practices

Guaranty by the State


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Example : pélardon

• A localized product

• An organisation for local development


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pélardonA small goat cheese from

Southern France

1980-90 1993 1997 1999 2000 2001 Crisis Decision to area OK code of French decree EU decision

apply for a PDO Practices OK.

The common objective:

Protection against misuse of the name.

The debate:

Dairy plants …. Develop their commercial networks.

Cheese producers :Image of a local and traditional know-how.


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Livestock

Permanent indoor farming forbidden

210 days pasture - 0,2 ha per milk goat

Not more than 400g concentrate feed per litre of milk

Cheese processing

Raw milk

Traditional handmade moulding and dripping of curd

Freezing of curd forbidden

pélardon

The code of practices is the result of a compromise.

Main topics : a traditional localized cultural product.

A set of requirements more difficult for processors than for farmers.


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Differentiation : An access to national market

Retail price (euros per piece)

National level Regional level Local level

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Local goat cheese

Pélardon PDO

Other PDO goat cheeses (price equivalent for the same weight)


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A success resulting from a particular organisation

• A collective entity specifically dedicated to the defence and management of the denomination, the “syndicat des producteurs de pélardon” : 120 farmers of which 40 members of the co-operative dairy plants, – 2 dairy co-operatives – 2 cheese ripening firms.

• A certifier body.• A public authority : INAO (French Institute for

Origin and Quality)

pélardon


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Geographical Indications : The objectives of the institutional framework

Reserve the use of the name

Strengthen collective action : free entry, protection against opportunism (usurpation of notoriety)

Guarantee the credibility of controls

Equity of constraints, protection against unfair competition (individual appropriation of the collective resource)


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Geographical Indications : The elements of the Institutional Framework

An institutional framework has to be built. Its fundamental elements are :

A relevant public Authority

A Collective holder of the denomination

A Control body


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The relevant public Authority(1) Coordination of the whole system Consistency with other rules:

Trade, frauds, price control, fairness of transactionsAgricultural PolicyRural PolicyPublic Health PolicyTrade and economic Policy

Juridical Defence on the International Scene


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The relevant public Authority (2)

Recognition and definition of the procedures and requirements for reaching recognition

Registration and definition of the procedures and requirements for obtaining the registration of the product

Definition of the rules and principles for the organisation of controls and organoleptic tests

Organisation of the control of specifications: by its own staff or by a third party ; definition of the rules for the agreement of the third parties


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Collective holder of the denomination(all the elements of the chain, from farmers to

consumers, through processors and distributors)

Writes the code of practices and proposes an area

Designs the control planApplies for the recognition and

registrationRuns internal controls


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Control Body (1)

Obtains the agreement from the Competent Authority in view to undertake external controls of the application of the code of practices :

Certification of the product (Audit + retaliation) : withdrawal of a non compliant group of designated products.

Inspection (Audit only) : Information on the non compliant group of designated products to the relevant authority, in charge of the retaliation (withdrawal of the product, fine, …)

Develops, in collaboration with the holder of the denomination, the code of practices


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Control Body (2)

Checks the application of the code of practicesChecks the traceability of the products along the

supply chainOrganises a control plan or an inspection plan with:

Self-controls Operated by each firm about its own activity

Internal controlsOperated by the collective holder towards its members

External controlsOperated by the third party control body (including the fair operation

of the two previous ones)


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Conclusions (1)Difficulties of Institutional

Framework buildingLong term process (several years) due to the

necessity of collective agreementInitial costs of building the schemes : heavy for

small and medium size communitiesChoice of the relevant AuthorityIdentification of the collective holder (legitimacy,

motivation)International recognition

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Conclusion (2)Efficiency of the Institutional

FrameworkNecessity of institutions to empower local

initiatives enabling economic actors to negotiateCreation of an added value and equity of income

distribution, through collective frameworksPossibility to register the geographical indication

under national laws and abroad (EU) ; access to a wider market


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Thank youJean-Pierre Boutonnet, Hélène Ilbert, Hubert DevautourCasablanca, 8-9 novembre 2007

Documents

FAO – Ministère de l’agriculture et de la pêche maritime du Maroc Les produits alimentaires de qualité liée à l’origine et aux traditions en Méditerranée