Przegląd Prawa Rolnego, 2014 Nr 1 (14)
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Item Spis treści - Przegląd Prawa Rolnego 1 (14) 2014(Wydawnictwo Naukowe UAM, 2014)Item Prawne aspekty klonowania zwierząt i wprowadzania do obrotu klonów oraz żywności pochodzącej od klonów(Wydawnictwo Naukowe UAM, 2014) Leśkiewicz, KatarzynaLegal aspects of animal cloning and the placing of clones and food from animal clones on the market S u m m a r y The paper aims to answer the question whether the drafts of directives No 892 and 893 contain adequate legal solutions enabling effective implementation of a temporary ban on cloning and placing clones and food from animal clones on the EU market. This issue has been analysed in light of Regulation No 258/1997 on placing on the market food and elements of food (ingredients) which to date have not been to any significant extent used for human consumption. The authors concludes that the draft directives propose special solutions, absent in Regulation 258/97 as regards food from animal clones. Once the prohibition anticipated in the draft directives comes into force, it will be highly unlikely that such food, in its own form or as new food, will be capable of being placed on the EU market. However, it may be rather difficult to identify food from cloned animals, and a prohibition of cloning animals or introducting clones in trading in the scope defined in the EU draft directives will not eliminate the problem of cloned food identification in the case of imported food.Item Przegląd piśmiennictwa - „Agrar- und Umweltrecht”(Wydawnictwo Naukowe UAM, 2014) Marcinkowski, MichałItem Przegląd piśmiennictwa - „Rivista di Diritto Agrario”(Wydawnictwo Naukowe UAM, 2014) Leśkiewicz, KatarzynaItem Wymogi higieniczno-sanitarne sprzedaży bezpośredniej żywności wobec aktualnych oczekiwań - aspekty prawnoporównawcze(Wydawnictwo Naukowe UAM, 2014) Kapała, AnnaHygiene and sanitary requirements for direct food sales in light of the current market expectations – aspects of a legal comparative analysis S u m m a r y The paper aims to assess the extent to which the Italian legislative has used the powers vested to it by the EU regulations with regards the national measures applicable in the area of hygiene. The analysis of this issue goes beyond the determination whether domestic provisions have been issued, and seeks to establish whether such provisions, if do exist, facilitate direct sales, ensuring at the same time the maintenance of public health. Domestic measures available in Italian legislation on food hygiene have been described with regards to different forms of direct sale. The analysis has shown that wherever possible, derogations from the EU sanitary and hygiene requirements have been made (within the scope of direct sales in small quantities and traditional production methods), or the hygiene requirements have been reconciled with the specifics of the environment (agro-tourism), while at the same time efforts have been made to ensure food safety in Italy also in compliance with the EU guidelines.Item Z prawnej problematyki ochrony krajobrazu na obszarach wiejskich(Wydawnictwo Naukowe UAM, 2014) Goździewicz-Biechońska, JustynaLegal aspects of landscape protection in rural areas S u m m a r y The aim of this paper is an attempt to determine the extent to which a normative regulation helps effective protection of rural landscape. This goal requires first of all a legal definition of a rural landscape, keeping in mind the draft landscape law which uses the term ‘landscape’ but fails to provide its legal definition. What is more, the term can be found in a number of legislative acts providing for and referring to different types of landscape. The author thus concludes that the assumptions existing in the legal system currently binding in Poland are not fully compatible with the contemporary approach to landscape protection in international law and science. What is more, the existing legal solutions are neither satisfactorily coherent or efficient to effectively protect the landscape in rural areas, while the legislative initiatives so far undertaken have been of a stop-gap and interim character, not capable of adequately harmonising the existing legal system with modern concepts based on sustainable development and integrated active protection and multifunctional agriculture.Item Przegląd orzecznictwa - Wybrane tezy orzeczeń w sprawach rolnych(Wydawnictwo Naukowe UAM, 2014) Łobos-Kotowska, Dorota; Stańko, MarekItem Przegląd orzecznictwa - Wybrane zagadnienia z problematyki rolnej w orzecznictwie sądowym(Wydawnictwo Naukowe UAM, 2014) Truszkiewicz, ZygmuntItem Przegląd piśmiennictwa - „Revue de Droit Rural”(Wydawnictwo Naukowe UAM, 2014) Frąckowiak, ZofiaItem Przegląd piśmiennictwa - „Diritto e Giurisprudenza Agraria, Alimentare e dell’Ambiente”(Wydawnictwo Naukowe UAM, 2014) Wyjatek, MichałItem Patenty na wynalazki biotechnologiczne w rolnictwie(Wydawnictwo Naukowe UAM, 2014) Nowicka, AureliaPatents for biotechnological inventions in agriculture S u m m a r y The aim of this paper is to analyse issues related to the granting of patents for biotechnological inventions. These issues trigger off huge controversies, both of legal as well as ethical nature, arising from the fact that they entail granting exclusive rights to gentil material. In agriculture (and related to it areas such as e.g. forestry) rather specific problems occur in relation to the interpretation of the legal status of plant and animal breed variations in patent law, and the manner of crop cultivation and animal breeding. The principles of granting patents for biotchnological inventions have been presented based on the provisions of the law on industrial property in which Directive 98/44/EC on the legal protection of biotechnological inventions has been implemented. The povisions of the Agreement on Trade-Related Intellectual Property Rights (TRIPS) and the convention on granting European patents have also been taken into account. A special attention was given to the problems connected with interpretation in the practice of the European Patent Office (cases G 2/07 – Broccoli case and G 1/08 – Tomatoes case (and G 2/12 and G 2/13). The implications of the creation of a single patent protection (resolution No 1257/2012 and No 1260/2012 and the agreement on the Single European Patent Office have been analysed in the last part of the paper, which ends with the author’s conclusion that introduction of such a patent protection system in Poland will be detrimental to Polish agriculture and food management.Item Z prawnej problematyki nowej żywności(Wydawnictwo Naukowe UAM, 2014) Sokołowski, Łukasz MikołajLegal issues related to new food S u m m a r y The aim of the deliberations was an attempt to resolve the doubts related to the use of the concept ‘new food’, and also to establish how the existing legislation provides for the safety of that kind of food, and whether these regulations are sufficiently effective. The author concludes that the adoption of a common procedure and a harmonised system of assessing the safety level of food produced with the use of new technologies and new sources, to date not recognised as food, was a good decision. New food has no safety history and therefore may constitute a risk not only to the consumers’ health or life, but also to the natural environment. Therefore it is essential that the adopted regulation is in place, but is also open to new technological developments and production methods.Item Przeglą piśmiennictwa -„Revista de Derecho Agrario y Alimentario”(Wydawnictwo Naukowe UAM, 2014) Różański, KrzysztofItem Wspólna Polityka Rolna wobec problemów zarządzania ryzykiem(Wydawnictwo Naukowe UAM, 2014) Lipińska, IzabelaCommon Agricultural Policy and risk management S u m m a r y The aim of this paper is to identify and assess both, the new production risk management instruments and the existing ones currently being modified, in the prospect of the new common agricultural policy to be implemented in the near future. Instruments provided for in Regulation No 1305/2013 have been given a particular attention. The author concludes that available risk management instruments shape the organisation and production of an agricultural entity and influence its system of production and control, including the methods it employs, the technologies it implements, or the manner in which it negotiates contracts. Proper risk management allows identification of all decisionmaking processes in an agricultural entity, ultimately leading to stabilisation of the business and financial condition of farms and farmers, free from distortions in trading and competition. Therefore risk management instruments should have a degree of flexibility, allowing their co-existence with other forms of public aid.Item Zasiłek macierzyński z ubezpieczenia społecznego rolników(Wydawnictwo Naukowe UAM, 2014) Puślecki, DamianMaternity benefit payable from farmers social insurance S u m m a r y The aim of the deliberations presented in the paper was to establish the extent of protection due to an insured farmer in the event of a birth of a child requiring the mother to (temporarily) refrain from work. The subject of insurance protection as well as its financing and the quality of received benefits is being examined. The author concludes that the currently binding construction of maternity insurance does not provide a full cover of the insured person and is not fit for individuals engaged in agricultural activity, as it is isolated from the essence of the insurance itself, the insured subject, and the very function of social insurance. There is a clear need for isolating the maternity insurance in insurance law pertaining to farmers, their insurance cover, level of premiums paid, and the benefits granted. Maternity benefits in agriculture, being periodical payments, should have a compensatory- supportive function arising from the specifics of the work performed by those involved in agricultural activity.Item Przegląd orzecznictwa - Wyrok TSUE z 27 lutego 2014 r. w sprawie C-396/12 – A.M. van der Ham, A.H. van der Ham-Reijersen van Buuren przeciwko College van Gedeputeerde Staten van Zuid-Holland17(Wydawnictwo Naukowe UAM, 2014) Goździewicz-Biechońska, JustynaItem Procedura notyfikacji suplementów diety, czyli o potrzebie nowelizacji ustawy z 25 sierpnia 2006 r. o bezpieczeństwie żywności i żywienia(Wydawnictwo Naukowe UAM, 2014) Szymecka-Wesołowska, AgnieszkaNotification procedure of dietary supplements – the need for amendments to the law of 25 August 2006 on food and nutrition safety S u m m a r y The aim of these deliberations is to identify the main shortcomings of the currently binding notification procedure of dietary supplements, and its legal and economic effects in practice, affecting not only Polish entrepreneurs but consumers as well. These shortcomings include among other things the extent (scope) of the notification requirement, the clarification procedure conducted by the Main Sanitary Inspector, and, in particular, the form of its commencement and termination. They also include the absence of a regulation of giving notice of necessary corrections, and the form in which the whole procedure is to be completed. The remarks presented in the paper are briefly analysed from the legal point of view, and different opinions of administrative courts are compared. Concluding, the author confirms the view expressed earlier in the doctrine that the regulations governing the notification procedure with regards dietary supplements (as well as selected types of special purpose food and enriched food) set out in the Law on food and nutrition safety of 25 August 2006 must be amended. This need is justified not only because the current procedure requires improvement to serve entrepreneurs better, but also to ensure compliance of the Polish regulation with the European Union law.Item Procedura dokonywania zmian w rejestrze zakładów żywnościowych - aspekty prawne(Wydawnictwo Naukowe UAM, 2014) Sokołowski, Łukasz MikołajThe procedure of entering changes to the register of food companies – legal aspects S u m m a r y The aim of this paper was to resolve the doubts which arise in the process of ente ring changes to the register of food companies and, in particular, to answer the question of how information on modifications should be submitted to competent bodies, and the de lege ferenda postulates be presented. The current regulation as it is, may certainly seem to be inconsistent and internally contradictory. As such, it entails a number of practical problems, and those are encountered not by the approved and registered entities, but also by organs of administration and end-consumers whose life, health and fair interests should be given utmost legal protection. The currently biding and applicable legal state requires a change, or at least an adoption of such a practice by administrative organs, which will recognise an entry of a change to a register as an entry into a register, and in the case of the activity being modified, it will require an application filed, requesting an entry or an approval an entry in the register. However, it would be recommended and justified to enact legislation providing that an entry or a deletion of an entry (being struck out) also constitutes an entry to the register.Item Z prawno-ekonomicznej problematyki organizacji rynku mleka(Wydawnictwo Naukowe UAM, 2014) Suchoń, AnetaLegal and economic aspects of the organisation of a milk market S u m m a r y The aim of this paper is an attempt to establish whether the legal organisation of the milk market in Poland serves its development, in particular in the light of the recent reform and planned abolishment of milk quotas as of April 2015. The following issues are analysed: milk quotas and milk producers, dairy products cooperatives as entities collecting and processing milk, milk producers groups and organisations of producers in the milk and dairy products sector. The author postulates a greater support of dairy products cooperatives because of their role in the stabilisation and development of the milk market, and as contributors to a higher income of milk producers. She also points to the need of change in the financing system of the groups and organisations of milk producers, which may be achieved, among others, by a step-by-step creation of the organisation structure (as was the case with the fruit and vegetable market) and implementation of instruments which will ensure that these entities will not disappear once the EU funds have been exhausted, and become, instead, a durable element of the development of this sector of agriculture.Item Z prawnej problematyki ochrony lasów we Włoszech(Wydawnictwo Naukowe UAM, 2014) Flick, Giovanni MariaLegal issues of forest protection in Italy S u m m a r y There is a tendency in Italy to increase forest areas, but the actual making use of forests and the quality of products obtained from them continues to be negligent. Italy is reach in poor forests and suffers all the consequences (also economic) arising from it. The author postulates making available to all operators in the forest sector, as well as to all those to whom the fate of forests is important, the necessary tools which will highlight the role of a forest as a factor of development and emphasise its importance as an element of territorial protection. These tools should be so developed as to promote an active and sustainable management of the forestry heritage being the main measure of the valuation of the forest potential as an economic as well as social, cultural and environmental instrument serving protection of the territory and local development. State functions and competences should be harmonised with those of regional and local self-governments and authorities, excessive legal regulations and bureaucracy should be eliminated, while broad synergic activity undertaken by business and environmental entities should be valued and assessed. once the legislation on forests is improved, forests will have a chance to develop and per form multiple functions, which will ultimately enable entering into the fourth phase of sustained development.