Przegląd Prawa Rolnego, 2017 Nr 1 (20)

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    XIV Światowy Kongres Prawa Rolnego San José 12–15 września 2016 r.
    (Wydawnictwo Naukowe UAM, 2017) Różński, Krzysztof; Lipińska, Izabela
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    Ines Härtel (Hrsg.), Wege der Ernährungswirtschaft – global, regional, europäisch, Nomos, Baden-Baden 2017, ss. 217.
    (Wydawnictwo Naukowe UAM, 2017) Budzinowski, Roman (rec.); Sokołowski, Łukasz Mikołaj (rec.)
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    Aneta Suchoń, Prawna koncepcja spółdzielni rolniczych, WN UAM, Poznań 2016
    (Wydawnictwo Naukowe UAM, 2017) Lichorowicz, Aleksander. (rec.)
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    Status prawny działalności pszczelarskiej w Hiszpanii
    (Wydawnictwo Naukowe UAM, 2017) Różański, Krzysztof
    The aim of this article is an attempt to establish the legal status of apiculture in Spain. The analysis is made on the basis of a survey and assessment of relevant EU law and Spanish law. Regarding the latter, a special attention was given to royal decree No 209 of 2002 establishing the basis concept categories related to apiculture, sanitary, epidemiological and zootechnical provisions as well as registration and identification connected with the locations of apiaries, and royal decree No 608 of 2006 establishing the national programme for fighting and control bee diseases and honey, intended to protect bee farms against bee parasites and diseases. In the author’s opinion apiculture in Spain is a breeding activity and a type of agricultural activity. In some situations this activity may be governed by domestic commercial law, for instance when the producer carries out economic activity organised in one of the legal forms provided for in Spanish commercial law.
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    Derecho y política agrarios y agroalimentarios
    (Wydawnictwo Naukowe UAM, 2017) Pastorino, Leonardo Fabio
    The specifics of agricultural activity entails a necessity to adopt for it a special regulation in the form of agricultural law. The performance of agricultural activity is a contributory factor to co-occurrence of a number of relationships shaping the contemporary agricultural structure which in the event of incompliance with the economic, social or environmental goals leads to a situation which Antonio Vivanco termed ‘structural deficiencies’. Their appearance sometimes enforces State intervention which then frequently means adoption of new legal instruments in the sphere of agricultural law. A look at this phenomenon globally from the perspective of the production chain leads to a conclusion that it refers to the agro-industrial and agro-food sectors, which means that a focus is put on the inter-relations in the production chain and especially on the relationships between agricultural produce markets and agricultural producers. The aim of this paper is to describe these issues on the example of Argentina. An analysis is also made on the usually disadvantageous situation of the primary producers in comparison with the other participants of the production chain. The need for a thought on the possibility of classifying agricultural production as one of the elements safeguarding public order has been emphasised.
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    L’Istituto di diritto agrario internazionale e comparato: la storia
    (Wydawnictwo Naukowe UAM, 2017) Germanò, Alberto
    The paper describes the origins and evolution of the organisation and the scientific activity of the Institute of International and Comparative Agricultural Law (IDAIC) of Florence, from 1922 to 2016. Therefore, it adopts a historic perspective. Its originality is due to the fact that it is unique: there are not any other publications on this topic. Indeed, it describes in very great detail the link between the IDAIC and the Italian Rivista di Diritto Agrario and the Italian and foreign scholars and researchers. After their studies at the IDAIC these researchers have maintained their professional relationship with the Institute and Italian agricultural law scholars and researchers. Moreover, the paper lists Congresses, publications and scientific research conducted by the IDAIC, which are described in great depth and also related to financial sources received for each research project (that, perhaps, may have been more appropriately omitted).
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    Prawne aspekty ochrony zapachowej jakości powietrza
    (Wydawnictwo Naukowe UAM, 2017) Jachnik, Eliza
    The protection of air quality regarding its smell is a challenge for the Polish legislator due to the increasing number of complains about burdensome emissions of offensive odours by some business entities operating in the agricultural or industrial sector. Despite several attempts to do so, there has been no act adopted entirely to regulate this matter. The existing provisions refer only to the problem of nagging smells and norms that might reduce their intensity. In the author’s opinion efficient protection against burdensome odours must be accounted for already at the stage when new installations are made. Firstly, new investments should be located at a distance from residential districts. It may be helpful to plant green belts that would absorb the smell produced and emitted in the environment. Another solution is an obligatory requirement to invest in technology reducing the emission of odours.
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    Prawny charakter wpisów dotyczących gruntów rolnych i leśnych w ewidencji gruntów i budynków
    (Wydawnictwo Naukowe UAM, 2017) Leśkiewicz, Katarzyna
    The object of the deliberations is the legal character of entries made in the register of land and buildings with regard agricultural and forest land. An attempt to identify the possible criteria of the division of the legal effects of entries made in the register of land and buildings regarding agricultural and forest land and the spheres of spatial planning, taxation, denotation of land entered in land registers, public statistics real estate management and registers of agricultural holdings as well as the formulation of their characteristic features. In the author’s opinion, entries in the register of land and buildings regarding the type of the usable land (forest, agricultural), soil quality, or size may be distinguished by a feature tying it (or not) to the content of the entry made by organs that uses the data from the register as a basis for the realisation of its own tasks.
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    Z prawnej problematyki umowy kontraktacji w praktyce
    (Wydawnictwo Naukowe UAM, 2017) Suchoń, Aneta
    The purpose of the deliberations presented in the paper was to assess the provisions governing agricultural supply contracts by looking at its practical aspects and finding an answer to the question whether an agricultural producer is adequately protected under the existing law. The deliberations were focused on the identification of the parties to the contract and its subject, the form in which the contract has been entered into, contract samples, and weather conditions that may have an impact on its performance, especially in light of the provisions or articles 622 and 623 of the Polish Civil Code when the contract obligation cannot be satisfied in full. It has been found out that in the light of the existing provisions of the Civil Code, the situation of the contracting principal is considerably stronger than that of the agricultural producer. Agricultural producers are not adequately protected although there are attempts to amend certain legal regulations existing outside the Civil Code provisions. It is then posited that new instruments should be added to the Code in order to guarantee a better balance of the interests of both parties to an agricultural supply contract.
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    Usuwanie drzew i krzewów w związku z działalnością rolniczą (aspekty prawne)
    (Wydawnictwo Naukowe UAM, 2017) Goździewicz-Biechońska, Justyna
    The aim of these deliberations is an attempt to determine in which situations the removal of trees and shrubs in connection with agricultural activity requires a special permit or entails a fee. Some general reflexions have also been made with regard the tendencies that arise in the work on the development of legal solutions regulating the removal of trees, especially from the point of view of their effectiveness and enforceability. It would be purposeful to re-introduce the legal solutions implemented in the first amending act which was a reasonable compromise. The third amending act binding today has introduced amendments that are unsatisfactory and which continue to raise concerns about the efficiency of greenery and tress protection in Polish law.
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    Entomofagia w świetle regulacji dotyczących nowej żywności – wybrane aspekty prawne
    (Wydawnictwo Naukowe UAM, 2017) Sokołowski, Łukasz Mikołaj
    The paper concerns issues related to the determination of the legal framework allowing the use of insects as foodstuffs, securing their safety and the legal aspects of their introduction to the common market. The current legal state of affairs regarding the use of animals is not uniform within the EU. Therefore the amendments to the existing regulations which will come into force as of 1 January 2018 are welcome. They will help to reach conclusive decisions regarding the legal status of the insect intended for human consumption, and to unify food law in this respect.
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    Nadzwyczajne środki wsparcia jako prawna ochrona unijnego rynku rolnego
    (Wydawnictwo Naukowe UAM, 2017) Lipińska, Izabela
    This article deals with issues related to the use of extraordinary measures of supporting agriculture in selected EU agricultural sectors, and in particular the financial support for milk producers and pig breeders whose activity is most exposed to market fluctuations. The aim of the deliberations was to determine the direction of EU support and to provide its evaluation. It has been found that the legal solutions adopted at the EU level may in the long run contribute to the improvement of the situation on the agricultural market. It is noteworthy that the EU legislator notices the need for an increased capacity of agricultural producers to manage risk and crisis situations, and for adopting new instruments to support their gains and reduce potential risks.
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    Patenty dotyczące roślin w świetle Konwencji o udzielaniu patentów europejskich i dyrektywy w sprawie ochrony prawnej wynalazków biotechnologicznych
    (Wydawnictwo Naukowe UAM, 2017) Nowicka, Aurelia
    The purpose of this article is an analysis of interpretative problems regarding the exclusion of patentability of plants obtained by essentially biological processes. In the practice of the European Patent Office (EPO) the problem concerns the construction of Article 53(b) of the Convention on the Grant of European Patents (EPC) and the main question is whether the interpretation adopted in the decisions of the Enlarged Board of Appeal of the EPO of 25 March 2015 regarding cases G 2/12 (Tomatoes II/State of Israel) and G 2/13 (Broccoli II/Plant Bioscience) complies with the goals and objectives as well as assumptions of Directive 98/44/EC on legal protection of biotechnological inventions. The legal argumentation contained in the documents adopted by the institutions of the European Union in response to the decisions in the cases referred to above (G 2/12 and G 2/13) have been examined in particular. A special attention has been given to the European Parliament resolution of 17 December 2015 on patents and plant breeders’ rights and the Commission Notice on certain articles of Directive 98/44/EC. The views expressed by EU institutions with regard Directive 98/44/EC have brought about a normative amendment implemented by the Decision of the Administrative Council of the European Patent Organisation of 29 June 2017 amending Rules 27 and 28 of the Implementing Regulations to the EPC. To sum up, a proposal for the amendments to the Polish Act – Industrial Property Law is made, with a recommendation that they ought to be applied to national patents granted by the Patent Office of the Republic of Poland.
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    Agricultural law and development of rural areas: food challenges, natural resources and climate change
    (Wydawnictwo Naukowe UAM, 2017) Hernández, Ángel Sánchez
    In order to eradicate hunger in the world agricultural decisions must be made that will design a new model of agricultural production that will be more productive and will fit better in the fight against global warming. These decisions will help to regulate agricultural activities so that they help in the above mentioned fight as well. This new model of agricultural production will come together with the adoption of rural development decisions which will then be suitable for every ecosystem, increasing its productivity and using ecological ways and new techniques, where possible. Everyone depends on natural resources and this is way we all suffer from the consequences of global warming. Millions of people are starving because of lack of water, salinity of the ground, deforestation, over-fishing, the growth of plagues in plants and diseases in animals. In order to overtake these disadvantages and to make alimentary safety come true, apart from rural development decisions that are needed it is also important to increase public and private investments. In doing so, two requirements are needed: any activity or measure taken must be harmless to the environment; the use of water must be efficient and, what also needs emphasising, the ground must be maintained with the observation of ecological principles.