Przegląd Prawa Rolnego, 2018 Nr 1 (22)
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Item Polska bibliografia prawnorolna za rok 2017(Wydawnictwo Naukowe UAM, 2018) Gała, Paweł; Czerwińska-Koral, KatarzynaItem Uroczystość Jubileuszu Profesor Teresy Kurowskiej połączona z wręczeniem Księgi Pamiątkowej „Współczesne problemy prawa rolnego i cywilnego”(Wydawnictwo Naukowe UAM, 2018) Łobos-Kotowska, DorotaItem Glosa do uchwały Sądu Najwyższego z dnia 20 czerwca 2017 r. (III CZP 114/16)(Wydawnictwo Naukowe UAM, 2018) Ziemiak, MichałItem "Rivista di Diritto Agrario“(Wydawnictwo Naukowe UAM, 2018) Leśkiewicz, KatarzynaItem “Rivista Agroalimentare”(Wydawnictwo Naukowe UAM, 2018) Jachnik, Eliza; Leśkiewicz, KatarzynaItem „Revue de Droit Rural”(Wydawnictwo Naukowe UAM, 2018) Frąckowiak, ZofiaItem „Revista de Derecho Agrario y Alimentario”(Wydawnictwo Naukowe UAM, 2018) Różański, KrzysztofItem „Agrar- und Umweltrecht”(Wydawnictwo Naukowe UAM, 2018) Sokołowski, Łukasz MikołajItem Alberto Germanò, L’Istituto di Diritto Agrario Internazionale e Comparato: la storia, Editoriale Scientifica Napoli 2017(Wydawnictwo Naukowe UAM, 2018) Budzinowski, RomanItem Il recupero delle terre incolte e abbandonate. La “nuova stagione” legislativa italiana fra obiettivi ambientali e promozione dell’accesso alla terra da parte dei giovani(Wydawnictwo Naukowe UAM) Strambi, GiulianaIn Italy the recovery of uncultivated and abandoned land was alive for several years after the first world war, but not always with satisfactory results. The present paper aims to highlight the reasons for the recent renaissance of the Regions’ interest in this issue, which have lately regulated again the allocation of uncultivated and abandoned land under the new framework of a discipline termed “land banks.” Following the example of the regional legislations, which have environmental goals, the State has recently created “land banks” that aim to provide opportunities for young people to gain access to land, especially in Southern Italy, eventually curbing the problem of the ageing of the farmers. The paper will examine the various disciplines, framing them in the context of EU policies for the rational use of natural resources and for the development of marginal rural areas, in order to highlight the key issues involved.Item La interferencia entre marcas e indicaciones geográficas en el ámbito vitivinícola(Wydawnictwo Naukowe UAM, 2018) Buggea, AllessiaThe judgment of the General Court of the European Union (Sixth Chamber), Case T 696/15 of 9 February 2017, against EUIPO examines, among the procedural aspects of the European trade mark regime, non-registration of a wine product in the event of non-compliance with the essential, in particular absolute, requirements for the acquisition of a mark in the territory of the European Union. In examining the various provisions at European level which provide for the granting or denial of trademarks and for the urpose of ensuring that geographical indications are fully effective in the European trade mark egistration proceedings, this is to prevent holders from incurring any the grounds for annulment, Regulation Nº 207/2009 on the Community trade mark (hereinafter referred to as the CTMR), 7. 1, (j), points out that they are excluded from the register ‘wine marks containing or consisting of a geographical indication identifying wines, or marks of spirit drinks containing or consisting of a geographical indication identifying the spirits, where such wines or drinks do not have such origin’. The inadmissibility of the application for a word mark which contains a geographical indication which does not belong to it and also coincides with other appellations of origin is, inter alia , the central argument of the judicial issue under consideration. The legal question arose in 2014, when a Spanish mercantile company (Bodegas Vega Sicilia) decided to register the word mark “Tempos Vega Sicilia” before the EUIPO which, however, denied the registration of the same because it the term “Sicilia” is part of the protected designations of origin for wines. Hence, the mercantile company decided to appeal in 2015 to the EU General Court, which rejected the appeal by ruling of 9 February 2017, also rejecting, as the EUIPO did at the time, the arguments of the applicant relating to the existence of a family of registered trade marks prior to the registration of the DO or the potential popularity of said family of trademarks and guaranteeing maximum protection of protected geographical denominations and, therefore, denying registration when, when included in a trademark, it was not limited to the product of the said geographical area.Item Problemas de coexistencia entre Denominaciones de Origen Protegidas e Indicaciones Geográficas Protegidas: El caso “Aceite de Jaén”(Wydawnictwo Naukowe UAM, 2018) Jaraba, José Ramón SánchezDesignations of Origin and Geographical Indications are two quality titles covered by EU legislation for the protection of agricultural products and foodstuffs whose quality is linked to a specific territory. In spite of being two different titles, the similarities between them are evident, and, since the EU regulations do not establish priority or incompatibility between them, it is possible that both protection instruments can apply in the same territory to designate the same type of product. This is actually the case in the province of Jaén, in southeastern Spain, where three Protected Denominations of Origin (PDOs) are threatened as a result of the application for registration of a Protected Geographical Indication (PDI) that intends to act at the provincial level for designating the same product: extra virgin olive oil. In this study we analyse this case and formulate some general recommendations of possible solutions that might allow a peaceful coexistence between these two titles of protection.Item El Regolamento (UE) 1215/2012. Marco jurídico comunitario para la resolución de conflictos de competencia y la libre circulación de decisiones en el àmbito de la exportación de productos agroalimentarios(Wydawnictwo Naukowe UAM, 2018) Serrano, Jesús Maria MartínRegulation (EU) No 1215/2012 applies in civil and commercial matters, with the exception of criminal law, family law, insolvency law, succession law and other matters specified in that Regulation, such as social security or arbitration. Under the new law, the so-called exequatur procedure under Brussels I Regulation has been abolished. This means that a judicial decision issued in one of the EU Member States is recognised in other EU Member States without the need for a special procedure. If it is enforceable in the State in which the judgment was given, there is no need for a declaration of enforceability. There must be a link between the proceedings falling within the scope of this Regulation and the territory of EU Member States. Common rules on jurisdiction should in principle apply when the defendant is domiciled in one of the EU Member States. A defendant who is not domiciled in any of the EU Member States (whose habitual residence is outside the EU) should in principle be subject to the national rules of jurisdiction applicable in the territory of the EU Member State where the action has been brought. However, irrespective of the defendant’s residence, certain rules on jurisdiction apply in order to ensure the protection of consumers and workers, and to protect the jurisdiction of EU courts in situations where they have exclusive jurisdiction (e.g. in the case of real estate), and to respect the autonomy of the arties. The author addressed these issues to trade in agri-food products in the European Union.Item Modelli di agricoltura “sostenibile” con particolare attenzione al settore vitivinicolo(Wydawnictwo Naukowe UAM, 2018) Cristiani, EloisaIn 2015, the UN adopted 2030 Agenda for Sustainable Development, which includes Goal 2, on the promotion of sustainable agriculture. The EU’s “Europe 2020” strategy and the Communication on “The CAP towards 2020” aim at building a “more sustainable, smarter and more inclusive growth for rural Europe.” This new model of growth emphasises the key role of agriculture within climate change adaptation, as has also been emphasised at COP 22. Indeed, agriculture is responsible for almost 20% of GHG emissions, and should thus contribute to climate change mitigation, and climate resilience. But, what kind of agriculture do we refer to? Is there a common and univocal notion of sustainable agriculture? Are green practices able to reduce global C02 emissions? Are sustainable agriculture and the “precision agriculture “connected? The wine sector, where there are more than 15 different models of procedural guidelines, protocols etc. referring to the notion of sustainability is an ideal case study.Item Nowa żywność a współczesne wyzwania żywnościowe – wybrane aspekty prawne(Wydawnictwo Naukowe UAM, 2018) Sokołowski, Łukasz MikołajThe subject of the discussion is the regulation of novel foods, in particular EU Regulation No. 2015/2283, while the aim of the article is to answer the question whether novel foods can help to meet modern food challenges, and in particular to ensure food safety and food security. The solutions adopted in the Regulation enable alternative food to be placed on the EU market, ensuring at the same time a high level of protection of consumers’ health and life. Novel foods are therefore an opportunity to make the right to food a reality, but only if it does not pose a risk to human health and life. Hence, the regulation of the placing of novel foods on the market focuses in particular on ensuring their safety.Item Informacja o braku zawartości określonych substancji w żywności w regulacjach prawa żywnościowego(Wydawnictwo Naukowe UAM, 2018) Wojciechowski, PawełThis article presents general requirements laid down in food law regarding information on the absence of specific substances in food. The author noted, among other things, that the fact that not uniform solutions for certain types of designations (e.g. sugar-free, gluten-free) are adopted demonstrates the lack of a coherent EU legislator’s policy in this area. As a result, the consumer’s interests are not adequately protected. Given the variety of regulations, this leads at times to “statutory isrepresentation.” Hence the call for unification of regulations informing about the absence of specific substances in food.Item Wpływ rozporządzenia UE nr 2017/2393 na prawną organizację rynku mleka i przetworów mlecznych(Wydawnictwo Naukowe UAM, 2018) Lipińska, IazbelaThe aim of this article was to answer the question whether and to what extent the amendments to the legal organisation of the milk and milk products market introduced as of 1 January 2018 contribute to improving the lives of milk producers and the development of the market. This refers to certain legal solutions adopted by the EU legislator which aim to strengthen the role of agricultural producers and their organisations in the agri-food supply chain. The amendments to Regulation 1308/2013 have not changed the organisational framework of the market, but addressed basically two issues - the obligation to conclude raw milk delivery contracts and contractual negotiations in this sector. The legal solutions adopted by the legislator are very positive. Written contracts, which are mandatory in many Member States, define and guarantee the producers’ rights and clearly indicate the obligations associated with the production process. In turn, entrusting the role of a negotiator of contract terms to producers’ representatives should be seen as recognition of their significant role in shaping the market in a manner adequate to its needs.Item Realizacja zrównoważonej gospodarki leśnej w wymiarze lokalnym, regionalnym i globalnym – wybrane aspekty prawne(Wydawnictwo Naukowe UAM, 2018) Leśkiewicz, KatarzynaThe aim of the article is to answer the question whether and if so, how the legislator shapes the harvesting of timber in a manner consistent with the objectives of sustainable forest management. The implementation of forest management is strongly influenced by global conditions. At the regional level, the legislator has defined “measures” implemented to counteract the marketing of illegally harvested timber. They are known as the EU’s “due diligence system” used in the timber supply chain “from forest to final purchaser.” At the local level, the instruments to achieve this objective of sustainable forest management include control, supervision and sanctions for breaches of Regulations 995/2010 and 2173/2005, while in practice, it is global market practices and related global conformity assessment systems relating to national forestry legislation that ultimately determine how the principles of the due diligence system will be implemented.Item Spółdzielnie wobec wyzwań współczesnego rolnictwa w Polsce(Wydawnictwo Naukowe UAM, 2018) Suchoń, AnetaThe aim of the article is to answer the question whether and to what extent the legal regulation of agricultural cooperatives, their organisation and functioning respond to the challenges of modern agriculture in Poland. It has been shown that following Poland’s accession to the European Union, the activity of Polish agricultural cooperatives has been focused not only on production but also on upporting the activity of co-op-producers of agricultural produce. As a result Polish agriculture has being eveloping well and, at the same time, in line with EU policies. By regulating agricultural cooperatives, their organisation and functioning, the legislator seeks to respond to the challenges of modern agriculture, although there is no doubt that further legislative changes are necessary.Item Przeciwdziałanie degradacji ziemi i gleby jako globalne wyzwanie dla prawa(Wydawnictwo Naukowe UAM, 2018) Goździewicz-Biechońska, JustynaThe aim of the article is to identify the problem of land and soil degradation and to recognise the need to counteract these processes as a challenge for the law and policy. The importance of this issue and its connection with the globalisation of food systems (especially the need to consider the interdependencies existing between the aspects of globalisation of food systems and land degradation) has been highlighted and the state of protection of soil and land under international and European Union law described. Given the global effects of land degradation and land scarcity and the fact that regional and local land use decisions are heavily dependent on geographically distant factors, legal instruments to combat land and soil degradation that are local or regional in nature may not be sufficient. Hence the need for action through instruments of international environmental law.