Which way forward? action plan Tbilisi, 1 December 2005.

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Presentation transcript:

which way forward? action plan Tbilisi, 1 December 2005

consultations with stakeholders review of on-going processes FAO approach Tbilisi, 1 December 2005

wineries and private sector groups government ministries SAMTREST institute of viticulture parliamentary agrarian committee donor agencies which stakeholders and processes? Tbilisi, 1 December 2005

proposed action plan: reflects and synthesizes these views proposes concrete steps –legal dimension –institutional dimension result of FAO approach… Tbilisi, 1 December 2005

government involvement private sector involvement adequate funding enabling legal environment –national –international what are the success factors? Tbilisi, 1 December 2005

legal dimension institutional dimension concrete actions therefore the proposed action plan contains… Tbilisi, 1 December 2005

effective stakeholder coordination multilateral agreements bilateral agreements coordinated foreign court action what is the legal dimension? Tbilisi, 1 December 2005

designate a “national focal point” –for disputes and –bilateral negotiations increased use of WTO mechanisms –link to trade negotiations [Ministry of Trade] –WTO dispute settlement [Geneva mission] how to achieve stakeholder coordination… Tbilisi, 1 December 2005

Georgia is member of –Lisbon Agreement –Paris Agreement not a member of Madrid Agreement agreements are all complementary need for membership in Madrid issue of multilateral agreements… Tbilisi, 1 December 2005

specific to appellations [commitment] remedies more direct [stronger protection] can be TRIPs-plus [depends on parties] why bilateral agreements? Tbilisi, 1 December 2005 adequate preparations a must involve all stakeholders link with other processes and priorities but…

national coordination [national focal point] communication in foreign country [embassies] Resources [possibly private sector] successful in foreign court action demands… Tbilisi, 1 December 2005 some appellations registered as trademarks but…

present structure proposed model 1 proposed model 2 what is the institutional dimension? Tbilisi, 1 December 2005

Ministry of Agriculture and Food Advisory Board of 11 Members (6 private, 6 public) Chairman SAMTREST Chairman Appointed by the Board Private Sector SAMTREST Functions  Current regulatory functions  Regulate, Supervise and Control wine and vine sector Legal Entity of Public Law Appoint and Dismiss Scientists Approved members the present structure

positive aspects –centralized –clear state position what is our view on the present structure? Tbilisi, 1 December 2005 negative aspects –underfunding –capacity problem –Inefficiencies –no private sector

Ministry of Agriculture and Food Supervisory Board of 12 Members (6 private, 6 public) SAMTREST SAMTREST Director Appointed by the Board Funding Pool Government Budget Private Sector SAMTREST Functions  Current regulatory functions  Coordination of legal action nationally and internationally  Coordination of national and international marketing of Georgian wines No direct supervisory role except through a representative model 1

positive aspects –credibility possible –Integrated –additional funds what is our view on model 1? Tbilisi, 1 December 2005 negative aspects –high level of commitment necessary from all

Georgia Entity under the Public Law The Wine Committee Function 3 Internationa l Legal Services Ministry of Agriculture & Food SAMTREST Function 1 Marketing Georgian Appellations Cooperation with SAMTREST Function 2 National Legal Services Export Clearance model 2

positive aspects –flexible –fundraising easier –clear functions –efficiency gains what is our view model 2? Tbilisi, 1 December 2005 negative aspects –potential for conflict of interests –not integrated

legal and institutional structure human and resource capacity FAO proposes action on… Tbilisi, 1 December 2005

draft necessary legal instruments update, improve and link documents on wine define TORs for the Advisory Board review the law to reflect lessons learned reference manual for legal and institutional structure, FAO will assist to… Tbilisi, 1 December 2005

through workshops on –bilateral negotiations –how to best utilize multilateral agreements –effective national legislation study tour for concerned officials for human and resource capacity, FAO will assist … Tbilisi, 1 December 2005

all stakeholders reach consensus –on legal dimension –on institutional dimension endorse an action plan through this process, FAO proposes that… Tbilisi, 1 December 2005

form an ad hoc working group to –refine expected outputs –refine modalities for implementation mobilise additional resources Means to achieve consensus… Tbilisi, 1 December 2005