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Standards-based Regulation in the EU Organic Sector, 1991-2007. Peter Gibbon. Theoretical perspectives on standards/regulation.
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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) DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES
Rationales, actors and (dis)enrollees (ii) DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES
Rationales, actors and (dis)enrollees (iii) 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 DIIS ∙ DANISH INSTITUTE FOR INTERNATIONAL STUDIES