DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Standards-based Regulation in the EU Organic Sector, 1991-2007

Peter Gibbon

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Theoretical perspectives on standards/regulation

- Standards-based ’self-regulation’ based on expert knowledge is replacing centralised decision-making, administration and enforcement as a norm in industrial countries: This exemplified in the EU, because of lack of law-making powers, the single market and ’enrolment needs’

- ’Governing via Standards’ a US/UK phenomenon, and even here standards reflect industry interests, while relevant ’experts’ are industry functionaries

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

General approaches to organic regulation and standards

- Regulation/standards as formalisation and documentation, driven by need for verifiable labelling requirements. Little involvement of ’non-organic’ interests

- Regulation/standards as ’narrowing’, (i) to farming practice and (ii) to prohibiting chemical inputs. This influenced by commercial agriculture lobbies

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Overall trends in the EU regulation’s development

Extension (1991-2004): crop production > livestock > farm infrastructure > supply chain

Tightening (1991-2004): more and stricter requirements for dedicated organic inputs

Growing divergence (1999-2005 ): downward by some Member States, upwards by some private standard-setters

’Return to principles’ (2005-07): restricting both ’derogations’ and actions and claims of private standard-setters

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Rationales, actors and (dis)enrollees (i)

Date Rationale Actors Enrollees/ Disenrollee

s

1990-

1998

Expanding the framework and reproducing the framework in Member States (MSs)

’Pioneers’ in IFOAM EU Group (to 1992)

DG AGRI experts (from 1993)

IFOAM pioneers in MSs

Civil servants in MSs -(shallow enrollment)

IFOAM ’pioneers’ (voluntary dis-enrollment from centre)

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Rationales, actors and (dis)enrollees (ii)

Date Rationale Actors Enrollees/ Disenrolled

1999-

2005

Deep

Institutionalisation

’Experts’ and ’Politicians’ in IFOAM EU Group and some MSs

DG AGRI experts

Expert civil servants from Northern MSs (shallow)

Civil servants in Southern MSs (disenrolled)

Signal failure to enroll conventional agricultural interests in EU

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Rationales, actors and (dis)enrollees (iii)

Date Rationale Actors Enrollees/ Disenrolled

2005-

2007

Closing the Gaps

DG AGRI experts

’Organic Politicians’ in IFOAM EU Group and Northern MSs

Other agricultural interest organisations, EU MPs (critical enrolment)

’Experts’ in IFOAM EU Group and Northern EU MSs (disenrolled)

Civil Servants in MSs (disenrolled)

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Conclusions

The story confirms the norms of ’Standards-based self-regulation’ and of regulation as formalisation/documentation, with some qualifications

Commercial interests reactive rather than pro-active; the ’narrowing’ thesis directly dis-confirmed

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Qualifications (i)

Standards-based regulation

- Proceeds according to a cycle of rationales and influences

- Marked by ongoing ’boundary disputes’:

2001- EU Organic Action Plan - with commercial agriculture [health claims, subsidies]

2005-07 - Revision of the Regulation - with the EU Commission [single market, EU’s credibility]

DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES

Qualifications (ii)

Organic agriculture may be too specific a subject to generalise from its regulation to other areas of regulation

The EU may be too specific an arena to generalise from it to other regulatory arenas