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