Przegląd Prawa Rolnego, 2014 Nr 2 (15)

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    Z prawnej problematyki czasu trwania dzierżawy w prawie polskim oraz wybranych krajów Europy Zachodniej
    (Wydawnictwo Naukowe UAM, 2014) Suchoń, Aneta
    The aim of this article is to identify legal problems that arise from the term of a land lease. Certain solutions are proposed, also regarding the question whether the principles according to which a lease duration is actually determined to ensure the holder (tenant) stability necessary to manage the rented land and carry out business efficiently. It is concluded that in comparison to other European countries, when it comes to the regulation of a lease in the civil code in Poland, there is little interest on the part of either party in the duration of a lease. Both parties to a lease contract are granted freedom to decide upon a short or unspecified term of lease, to the effect that the concluded contracts do not secure any stability of the lease and fail to encourage tenants to make investments, or to consider long-term plans and conducting some rational management of land. Hence the authoress’ de lege ferenda conclusions proposing certain necessary amendments to the existing regulation.
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    Certyfikacja i ochrona jakości produktów rolno-żywnościowych
    (Wydawnictwo Naukowe UAM, 2014) Canfora, Irene
    Certification of agricultural food products is a dynamically developing economic phenomenon which constitutes a response to the demands articulated by consumers seeking information about products and their production process. The authoress claims, however, that instead of ensuring an efficient control of food producers, the goal of Regulation 882/2008 seems to rather guarantee a ‘certified service market’ enabling development and creation of a large number of certifying agencies, which subsequently abound in the market and compete with one another. This phenomenon has also been mentioned in the new petition regarding the Regulation of ecological production, in which this greatly simplified relation today between certifying entities and those controlled, to the advantage of the former, has been noted.
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    La concurrencia territorial de determinadas referencias geográficas de calidad de los productos agroalimentarios
    (Wydawnictwo Naukowe UAM, 2014) Sánchez Jaraba, José Ramón
    Regulation 1234/2007 of the European Council of 22 October 2007 establishing the common organisation of agricultural markets and certain food products, together with Regulation 1151/2012 of the European Parliament and the Council of 21 November 2012 on the systems of agricultural and food products quality enabled extension of the protection of products using such protective instruments as Protected Names of Origin or Protected Geographical Indications. As is shown in the paper, apart from the similarity in the very concept of those instruments, in practice they frequently coexist in the same territory. Moreover, they are sometimes used to protect the same product (e.g. olive oil from the province of Jaén in Spain). This often leads to legal disputes between producers, mainly in Spain and Italy. The author suggests that in order to eliminate the problem, three conditions should be satisfied: the territory protected by protected names of origin should be within the territory protected by geographical indications, the products protected by protected names of origin should be protected by geographical indications, and most importantly, a product should be first protected by geographical indications before it is included among products protected by the protected names of origin.
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    Geografische Herkunftsangaben als Rechtsgut – das Schutzsystem der EU für Agrarerzeugnisse und Lebensmittel
    (Wydawnictwo Naukowe UAM, 2014) Härtel, Ines
    A particular point of contention in the current negotiations on the Transatlantic Trade and Investment Partnership (TTIP) carried out by the European Union and the United States is the question whether the European protected geographical indications for food should be enforced in the USA. The concern of the US Food and dairy industry is that products which have been so far produced and sold as ‘Feta’ or ‘Gorgonzola,’ may only be called ‘Feta-like’ or ‘Gorgonzola-like’ in the future. The political dispute over the protection of geographical indications in international trade law has become virulent in the negotiations in the Doha Round of the WTO (since 2001). The question asked is whether the protection of geographical indications is sufficient under the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). The European Union requires a certain protection reinforcement – a proposal to which the United States, Canada and Australia strongly object. The opposing positions are based on historical trends, divergent economic interests and different legal concepts. The different legal concepts in the world range from competition law to specific labelling law and to trademark law. A specific labelling law exists in the EU with a comprehensive und highly differentiated character compared to other protection concepts. It distinguishes between three categories of marks: designations of origin, geographical indications and traditional specialities guaranteed. In the case of designations of origin, all production stages have to take place in the same region (for example: ‘Oscypek’ smoked sheep milk cheese from Poland), ‘Allgäuer Bergkäse’ from Germany und ‘Feta’ from Greece). In the case of protected geographical indications only one production stage has to take place in a certain region (for example: ‘Rogal świętomarciński,’ pastry from Poznań and ‘Spreewälder Gurken’ from Brandenburg). In the case of traditional specialities, a guaranteed reference a certain region is not necessary, but a traditional recipe which has existed for 30 years is required. Geographical indications and traditional specialities which have been registered by the European Commission obtain EU-wide protection and are a legal interest to which not only all applicants but also all beneficiaries jointly are entitled (according to the specification of the product). Since the establishment of the European protection system, a number of judgments of the European Court of Justice have been delivered and served to resolve disputes and to clarify legal questions. Further, they also referred to the cultural differences in the production and consumption of foodstuffs. It remains to be seen how the conflict between the USA and the EU will be solved in the field of geographical indications. In this context a direct agreement on the mutual acceptance of this food regulatory regime could be obtained as full harmonization, as graded harmonization or as a flexible system of equivalence.
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    Reforma WPR z 2013 r. i stosunki umowne pomiędzy uczestnikami rynku
    (Wydawnictwo Naukowe UAM, 2014) Russo, Luigi
    Regulation 1308/2013 on uniform common organisation of a market is analysed in this paper with particular focus on the role that may be played by professional and farmers’ associations in the protection of the agriculture’s interests on the agricultural and food products market. It is noted that these associations may considerably influence and improve the competition among agricultural producers, by, among others, applying solutions formerly reserved only for the milk and dairy products sector. There seem to exist two main directions where the EU may intervene on the agricultural market, i.e. basically through the activity of producers and branch associations, and through the activity of member states.
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    O potrzebie zmian regulacji dotyczącej nowej żywności i nowych składników żywności
    (Wydawnictwo Naukowe UAM, 2014) Sokołowski, Łukasz Mikołaj
    This paper is an analysis of the draft regulation of the European Parliament and the Council on novel food in order to establish whether it contains sufficient legal solutions enabling to achieve the proposed objectives and basic goals, both protective and economic. The advantages as well as the disadvantages are noted. The greatest advantage is a simplified, shortened and centralised system of procuring general certificates that enable the marketing of novel food. The proposals of special solutions in dealings with novel food originating in third countries are also noteworthy. What still remains and needs to be addressed, is the future regulation which must ensure clarity and adequacy of provisions in such a way that on the one hand they will take into account the highly innovatory level of food industry, but on the other hand they will provide adequate protection of consumers’ health and interests, as well as efficient functioning of the internal market.
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    Nowe spojrzenie na rolnictwo ekologiczne - aspekty prawne
    (Wydawnictwo Naukowe UAM, 2014) Leśkiewicz, Katarzyna
    The aim of this paper is an attempt to define the role of ecological agriculture against the background of the new CAP solutions, taking into account the objectives of an Action Plan developed to address the future of ecological agriculture and to draft relevant laws. It is concluded that recognition in regulation 1307/2013 of the fact that farmers who carry out production in compliance with the provisions of eco-agriculture fulfil the greening requirements, may prove that ecological agriculture has gained a new position in the common agricultural policy. It has also become a tool motivating farmers to engage in the ecofriendly and climate-friendly agricultural activity. Although it is too early to formulate any certain conclusions, decisions regarding the future actions and directions of a positive change should be based on the experience of the older EU members boasting a long membership history.
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    Formy ochrony krajobrazu wiejskiego w świetle ustawy o ochronie przyrody
    (Wydawnictwo Naukowe UAM, 2014) Goździewicz-Biechońska, Justyna
    This paper seeks to establish whether, and to what extent, the instruments provided for in the nature protection law are adequate and constitute an efficient system of rural land scape protection. In the author’s opinion the regulation fails to provide satisfactory protection of rural landscape, particularly in relation to landscape parks. Thus, a more systemic approach and more complex solutions are postulated.
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    Z problematyki nadużycia prawa przez beneficjenta Wspólnej Polityki Rolnej
    (Wydawnictwo Naukowe UAM, 2014) Litwiniuk, Przemysław
    In this paper, an abuse of law committed by a CAP beneficiary who has created ‘artificial conditions’ is analysed in light of judgments delivered by the ECJ and Polish common courts. In the author’s opinion the analysed legal regulation lacks precision and may, in consequence, lead to the violation of the principle of citizen’s confidence in the state provided in Article 2 of the Constitution of the Republic of Poland.
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    Renesans własności rolniczej
    (Wydawnictwo Naukowe UAM, 2014) Kurowska, Teresa
    The discussion on the crisis or a decline of agricultural property has been exaggerated in the same way as is the discussion on the weakening of its foundations, and in particular, the function of ownership under the civil law and the agricultural law. This statement is already contradicted by the ongoing and heated discussion on agricultural property and its new function – the ecological one. Its source can be found in the new formula regarding support of agriculture and rural development based on the principle of sustainable rural development. The concept of ownership of agricultural property proposed by Professor A. Stelmachowski constitutes a supplement to the acquis in the field of civil law. It is understood as a set of rights and obligations establishing a legal position of an owner of a farm. This means that an owner has not only the rights but also certain obligations towards others. These obligations are particularly pronounced in the sphere of the right to use a given property, where the production function of property ownership manifests itself the most. An increase in the importance of environmental protection has resulted in an accelerated development of legislation concerning that matter and allowed adoption of a thesis that the ecological function of ownership of agricultural property has become dominant in relation to the production function. This thesis may be illustrated by EC/EU regulations whose provisions set out activities defined in the Rural Development Programmes (RDP for the years 2000-2006; 2007-2013; 2014-2020). They impose obligations on a farmer conducting an agricultural activity to protect the environment in compliance with the practice of good agricultural practices. Their substantive scope has been step by step extender and generally directed to the increase of competitiveness, including agricultural environment al and climate objectives.
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    Zakres ochrony rolników prowadzących pozarolniczą działalność gospodarczą w ustawie o ubezpieczeniu społecznym rolników
    (Wydawnictwo Naukowe UAM, 2014) Puślecki, Damian
    The focus of this paper is the scope of insurance provided in the farmers’ social insurance law to farmers-entrepreneurs. It is concluded that the term ‘farmer-entrepreneur’ denotes an entity which satisfies the statutory definition of a farmer who is additionally engaged in a small-scale economic activity carried out for gain. Such persons must be obligatorily insured in the Agricultural Social Insurance Fund (KRUS) but they lack the necessary protection in the event of business losses which may potentially jeopardise not only their economic, but also agricultural activity. Thus the inadequacy of the existing regulation must be addressed to restore the guarantee and indemnification function of social security under the farmers’ social insurance system.
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    Prawne instrumenty zarządzania kryzysowego w rolnictwie
    (Wydawnictwo Naukowe UAM, 2014) Lipińska, Izabela
    The paper analyses measures implemented at the EU level that aim to ensure proper crisis management in agriculture. It is postulated that a combination of certain legal and economic instruments should be available to market participants to allow them to adequately manage risks or mitigate effects of crises depending on the situation and circumstances of a given region. States should be obliged to formulate a catalogue of actions and measures to be taken in crisis situations, including extraordinary measures that should also be allowable when need be, to mitigate potential consequences of agricultural crises.
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    Spis treści - Przegląd Prawa Rolnego 2 (15) 2014
    (Wydawnictwo Naukowe UAM, 2014)
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    Przegląd piśmiennictwa - „Rivista di Diritto Agrario”
    (Wydawnictwo Naukowe UAM, 2014) Leśkiewicz, Katarzyna
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    Przegląd piśmiennictwa - „Revue de Droit Rural”
    (Wydawnictwo Naukowe UAM, 2014) Gadkowski, Aleksander
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    Przegląd piśmiennictwa - „Revista de Derecho Agrario y Alimentario”
    (Wydawnictwo Naukowe UAM, 2014) Różański, Krzysztof