Abstract
In France today, there can be no rural development without food diversity, just as there is no food diversity without rural development. Food diversity through rural development is best illustrated by labels of quality and origin. In this way, we can see that food diversity is promoted by policies for rural development. Nonetheless, food diversity is sometimes hindered by rural development policy. A good example would be regulations concerning seed and seedlings, which can only be marketed after registration in the official catalogue. However, the criteria for registration exclude de facto certain types of seed, particularly those from seed saving practices, which leads to a decrease in food diversity. On closer examination, rural development promotes food diversity as much as it hinders it. In contrast, food diversity helps foster rural development. Producers try to both consolidate structurally and to become involved in every step of the marketing of their produce. Their aim is quite simple: to remove distribution intermediaries as much as possible by developing closer links to the end consumer.
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Notes
- 1.
Littré, Dictionnaire de la langue française, tome 1, v° alimentaire (sens 1).
- 2.
Littré, ibid., tome 2, v° diversité (sens 1).
- 3.
Littré, ibid., v° développement (sens 1).
- 4.
Littré, ibid., tome 5, v° rural (sens 1).
- 5.
Morize (1992).
- 6.
Now Article 33.
- 7.
Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations. This regulation was subsequently amended many times.
- 8.
In this sense, Krajeski (2009), No 67 et seq.
- 9.
Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).
- 10.
Law No 2014-1170 of 13 October 2014 on the future of agriculture, food and forestry (1), Official Journal of the Republic of France. No 0238 of 14 October 2014.
- 11.
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.
- 12.
In consideration of 2 in this Regulation.
- 13.
Article L. 640-1 of the Rural and Maritime Fishing Code.
- 14.
In this sense, for example, in Community law: “Support for investment (…) shall contribute to one or more of the following objectives: (…) to improve and monitor quality” (Article 25 of Council Regulation (EC) No 1257/1999 of 17 May 1999, op. cit.). In this sense, for example, in French law: “Policies in favour of agriculture and food, in their international, European, national and territorial aspects, are aimed at: 1 As part of food policies defined by the Government, ensuring that the population has access to safe, healthy, and diversified food, of good quality, and in sufficient quantity” (Article L. 1, -I, 1° of the Rural and Maritime Fishing Code).
- 15.
Regional rural development programme for Midi-Pyrénées, http://www.midipyrenees.fr/IMG/pdf/pdrr_complet.pdf.
- 16.
Data from the Regional Rural Development Programme for Midi-Pyrénées, op. cit.
- 17.
Articles L. 641-5 of the Rural and Maritime Fishing Code, L. 115-1 of the Consumer Code and 5, 1 of Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 18.
Articles L. 641-11 of the Rural and Maritime Fishing Code, L. 115-21 of the Consumer Code and 5, 2 of Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 19.
Articles L. 641-12 of the Rural and Maritime Fishing Code, L. 115-21 d of the Consumer Code and 17 of Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 20.
Articles L. 641-1 et seq. of the Rural and Maritime Fishing Code and 27 of Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 21.
Article L. 641-1 of the Rural and Maritime Fishing Code.
- 22.
Article 9-1, paragraph 1 of Decree No 2007-628 of 27 April 2007 on cheese and cheese products.
- 23.
In consideration of 3, Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 24.
Research Centre for the Study and Observation of Living Conditions (CREDOC) (2012), Research report, Market survey 2012, Behaviours and attitudes of consumers concerning food retail. No 301.
- 25.
Krajeski (2009), No 525.
- 26.
In consideration of 13, Regulation (EC) No 1698/2005 of 20 September 2005, op. cit.
- 27.
In consideration of 1, Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 28.
Article L. 640-1 of the Rural and Maritime Fishing Code.
- 29.
In consideration of 3, Regulation (EU) No 1151/2012 of 21 November 2012, op. cit.
- 30.
Ibid., In consideration of 4.
- 31.
Article L. 1, -I, 1° of the Rural and Maritime Fishing Code.
- 32.
Article L. 640-1 of the Rural and Maritime Fishing Code.
- 33.
Research Centre for the Study and Observation of Living Conditions (CREDOC) (2012).
- 34.
Article L. 1, -III, of the Rural and Maritime Fishing Code.
- 35.
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species.
- 36.
Article 5, 1 of this Directive indicates that “A variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable on one or more important characteristics from any other variety known in the Community.”
- 37.
Article 5, 2 of this Directive indicates that “A variety shall be regarded as stable if, after successive propagation or multiplications or at the end of each cycle (where the breeder has defined a particular cycle of propagation or multiplications) it remains true to the description of its essential characteristics”.
- 38.
Article 5, 3 of this Directive indicates that “A variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive systems of the plants, similar or genetically identical as regards the characteristics, taken as a whole, which are considered for this purpose”.
- 39.
Decree No 81-605 of 18 May 1981 in application of Law dated 1 August 1905 on fraud control concerning trade in seed and seedlings.
- 40.
In France, we should particularly mention the Technical Committee for Plant Breeding (CTPS), which is responsible for preparing and implementing policies on varieties, seed and seedlings. It plays a role in monitoring and registration in the French catalogue. Also see the Variety and Seed Study and Control Group (GEVES), the Official Service for Seed Control and Certification (SOC) for field crop species and vegetable species, the Inter-branch Technical Centre for Fruit and Vegetables (CTIFL), or FranceAgriMer.
- 41.
Vialle (2011), p. 21.
- 42.
Article 1, paragraph 2 of Decree No 81-605 of 18 May 1981, op. cit.
- 43.
Vialle (2011), p. 4.
- 44.
Vialle (2011), p. 6.
- 45.
In French law, see Article 3-1 of Decree No 81-605 of 18 May 1981 op. cit. as well as the Order dated 26 December 2010 providing a list of varieties for storage and a list of varieties without intrinsic value for commercial production and intended for specific crop conditions in the Official French Catalogue of plant species and varieties, and amending a technical regulation for registration in this catalogue. In Community law, see Commission Directive (EC) No 2002/53 of 13 June 2002 op. cit. as well as Commission Directive (EC) No 2008/62 of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties. In addition, see Commission Directive (EC) No 2009/145 of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties.
- 46.
These are field crops, potatoes, and vegetables naturally adapted to local and regional conditions and threatened by genetic erosion.
- 47.
Law No 2011-1843 of 8 December 2011 on plant variety certificates (1).
- 48.
Article 12 of Council Directive (EC) No 2002/53 of 13 June 2002 op. cit. and Article 7 of Decree No 81-605 of 18 May 1981, op. cit.
- 49.
Either because of male sterility, or for example because we are dealing with “F1 hybrids”.
- 50.
Article 6 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights indicate that “Community plant variety rights shall be granted for varieties that are: (a) distinct; (b) uniform; (c) stable; and (d) new.” Likewise, Article L. 623-2 of the Intellectual Property Code stipulates that “for application of this chapter, ‘plant varieties’ designates any new variety created that: 1: is clearly distinct from any existing variety that is well-known on the date of submission of the application; 2: is uniform, i.e. sufficiently homogeneous in its main characteristics, except for expected variation given the specificities of its sexual or vegetative reproduction; 3: remains stable, i.e. identical to its initial definition following its successive reproduction or, in the event of a specific reproduction cycle, at the end of each cycle”.
- 51.
Les maisons des semences paysannes (2014), Regards sur la gestion collective de la biodiversité cultivée en France, Réseau Semences Paysannes, p. 4.
- 52.
Les maisons des semences paysannes (2014).
- 53.
Paul Verlaine, Cauchemar.
- 54.
Ministerial response No 10344, JO Sénat 3 April 2014, p. 858.
- 55.
See Regional rural development programme for Midi-Pyrénées, op. cit.
- 56.
Article 2 of Council Regulation (EC) No 1257/1999 of 17 May 1999 op. cit.
- 57.
In consideration of 21, Council regulation (EC) No 1698/2005 of 20 September 2005 op. cit.
- 58.
Aubin-Brouté (2013).
- 59.
An integration contract is a “contract whereby an agro-food company integrates an agricultural holding into its production network so that it becomes part of its business strategy” Aubin-Brouté (2013), No 60. It is governed by Articles L. 326-1 et seq. of the Rural and Maritime Fishing Code.
- 60.
Article L. 1.-I, 1° of the Rural and Maritime Fishing Code.
- 61.
Aubin-Brouté (2013), No 318.
- 62.
Couturier (1994).
- 63.
Couturier (1994), No 381.
- 64.
Article 20 of Council Regulation (EC) 1698/2005 of 20 September 2005 above indicates that “Support targeting the competitiveness of the agricultural and forestry sector shall concern: (…) c) measures aimed at improving the quality of agricultural production and products by: (…) iii) supporting producer groups for information and promotion activities for products under food quality schemes”.
- 65.
Article L. 325-1 of the Rural and Maritime Fishing Code stipulates that “mutual assistance is performed between producers through exchange of services for work and operating means, including those that extend from production activities. It can be occasional, temporary or occur on a regular basis. Mutual assistance is a cost-free contract, even when the beneficiary reimburses the supplier for all or part of the costs incurred by said supplier. When it is carried out in a holding subject to rules on authorisation of marine production facilities, mutual assistance requires a written contract.”
- 66.
Mangin (2012).
- 67.
Couturier (1994), No 508.
- 68.
Krajeski (2009), No 501.
- 69.
Article 25 of Regulation (EC) No 1257/1999 of 17 May 1999, op. cit.
- 70.
In consideration of 28 in Regulation (EC) No 1698/2005 of 20 September 2005, op. cit.
- 71.
Article 7 of Regulation (EU) No 1305/2013 of 17 December 2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.
- 72.
Regional rural development programme for Midi-Pyrénées, op. cit. Likewise, Report “Short supply channels and marketing” March 2009, http://agriculture.gouv.fr/IMG/pdf/rapport_du_gt_circuits_courts0409.pdf.
- 73.
In this sense, see French Research Centre for the Study and Observation of Living Conditions (CREDOC) (2012).
- 74.
Couturier (1994), No 79.
- 75.
Report “Short supply channels and marketing”, March 2009.
- 76.
Regional rural development programme for Aquitaine, p. 3.
- 77.
See Law No 2010-874 of 27 July 2010 on modernisation of agriculture and fishing.
- 78.
- 79.
Paul Verlaine, Art Poétique.
References
AMAP Charter. (associations for the preservation of smallholdings), http://www.reseau-amap.org/docs/chartedesamap.PDF
Aubin-Brouté RJ (2013) Le contrat en agriculture, Contribution à l’étude du contrat comme instrument de l’action publique. LGDJ, Paris
Couturier I (1994) La diversification en agriculture. L’Harmattan, Paris
Regional rural development programme for Midi-Pyrénées, http://www.midipyrenees.fr/IMG/pdf/pdrr_complet.pdf
Krajeski D (2009) Droit rural. Defresnois, Paris
Les maisons des semences paysannes (2014) Regards sur la gestion collective de la biodiversité cultivée en France. Paysannes, Réseau Semences
Mangin P (2012) L’entreprise coopérative: un modèle anti-crise. Le Monde, Paris
Morize J (1992) Manuel pratique de vulgarisation agricole. Maisonneuve et Larose, Paris
Report “Short supply channels and marketing” (2009) http://agriculture.gouv.fr/IMG/pdf/rapport_du_gt_circuits_courts0409.pdf
Research Centre for the Study and Observation of Living Conditions (CREDOC) (2012) Research report, Market survey 2012, Behaviours and attitudes of consumers concerning food retail
Vialle P (2011) Semences et agriculture durable. Report for the Ministry of Agriculture, Food and Fisheries, Rural life and Local Affairs
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Jean, S. (2018). Rural Development and Food Diversity in France. In: Isoni, A., Troisi, M., Pierri, M. (eds) Food Diversity Between Rights, Duties and Autonomies. LITES - Legal Issues in Transdisciplinary Environmental Studies, vol 2. Springer, Cham. https://doi.org/10.1007/978-3-319-75196-2_8
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