which way forward? action plan tbilisi, 1 december 2005

which way forward?

action plan

Tbilisi, 1 December 2005

• consultations with stakeholders• review of on-going processes

FAO approach


• wineries and private sector groups• government ministries• SAMTREST• institute of viticulture• parliamentary agrarian committee• donor agencies

which stakeholders and processes?


proposed action plan:• reflects and synthesizes these views• proposes concrete steps

– legal dimension– institutional dimension

result of FAO approach…


• government involvement• private sector involvement• adequate funding • enabling legal environment

– national– international

what are the success factors?


• legal dimension• institutional dimension• concrete actions

therefore the proposed action plan contains…


• effective stakeholder coordination• multilateral agreements• bilateral agreements• coordinated foreign court action

what is the legal dimension?


• 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…


• 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…


• specific to appellations [commitment] • remedies more direct [stronger protection] • can be TRIPs-plus [depends on parties]

why bilateral agreements?


• 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…


• some appellations registered as trademarks

but…

• present structure• proposed model 1• proposed model 2

what is the institutional dimension?


Ministry of Agriculture and

Food

Advisory Board of 11 Members

(6 private, 6 public)ChairmanSAMTREST 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?


• 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

Governmen

t 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?


• negative aspects– high level of

commitment necessary from all

Georgia Entity under the Public

Law

The Wine Committee

Function 3

International Legal Services

Ministry of Agriculture & Food

SAMTREST

Function 1

Marketing Georgian Appellatio

ns

Cooperation with

SAMTRESTFunction 2

National Legal

Services

Export Clearanc

e

model 2

• positive aspects– flexible– fundraising easier– clear functions – efficiency gains

what is our view model 2?


• negative aspects– potential for

conflict of interests

– not integrated

• legal and institutional structure• human and resource capacity

FAO proposes action on…


• 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…


• 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 …


• all stakeholders reach consensus– on legal dimension– on institutional dimension

• endorse an action plan

through this process, FAO proposes that…


• form an ad hoc working group to– refine expected outputs– refine modalities for implementation

• mobilise additional resources

Means to achieve consensus…


which way forward? action plan tbilisi, 1 december 2005

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