Reconnecting farmers with consumers

The European Commission Communication on agricultural product quality policy (COM (2009) 234 final) adopted on May 28 proposes, among other matters, the development of the concept of food labelling and quality scheme rules within the EU regime to include particular labelling to evidence where certain products have been farmed - "the place-of-farming labelling".

This Communication was a result of several contributions from stakeholders all over the food sector, including the European farming community. Indeed, the farming community in the EU is subject to some of the most stringent and complex body of rules currently forming part of EU legislation.

Nevertheless, notwithstanding consumers' apparent willingness to pay for food quality, there is a perception that EU farmers are not remunerated for the higher standards met by EU products.

This is seen in the many complaints against third country imports which, while having to meet EU food safety and hygiene requirements, are not required to meet other food quality attributes. EU farmers say they are facing unfair competition.

The Commission has stressed that the consultations that led to the proposed measures in the Communication are aimed at improving the flow of information between farmers and consumers about where and how farm products have been produced - essentially, a move to help reconnect farmers with consumers.

In effect, the proposals contained in the Communication were supported by most stakeholders involved in the discussions where great support for further legislative developments for geographical indications of origin and organic farming, and for greater use of place of farming labelling was evidenced. Naturally, stakeholders pushed for more simplicity and coherence for the measures available, whether Europe-wide, national or private schemes are involved.

While it must be noted that the use of place-of-farming labelling is already mandated in the EU for a range of primary agricultural products (beef, fruits and vegetables, wine, eggs, poultry meat), consumer groups forming part of the stakeholder discussions proposed that such labelling would be extended to multi-ingredient processed products. This, of course would require greater study by the Commission before any proposed legislation, the principal issue being the confusion between the place of processing of a product and the origin of a food product.

The concept of origin labelling refers basically to country-of-origin labelling rather than to the more specific geographical indications such as Protected Designation of Origin or Protected Geographical Indication.

PDO and PGI labels differ from simple indications of origin in the sense that such geographical indications secure a certain product specification and signal a certain quality (e.g., relating to authenticity or genuineness) to consumers, besides referring to a particular origin or provenance of the food product.

The "geographical indication" is a type of intellectual property right that may apply to all kinds of goods.

In this recent Communication, the European Commission has proposed possible amendment to the current system of geographical indications of origin (PDOs & PGIs).

Furthermore, an EU logo for organic foods is being developed. Starting in 2010, it will be mandatory for all products sold as organic in the EU.

Organic farming certification has been in place since 1991 and was revised in 2007, but there is continuing market segmentation because of the lack of mutual acceptance between private organic labelling schemes and a proliferation of organic logos.

The Commission proposes to mandate the use of a new EU organic logo from 2010 as a way of breaking down barriers to trade in organic products in the single market.

It appears that most Maltese producers have not yet taken cognisance of these measures in order to ensure that their quality produce is recognised at EU level.

While Legal Notice 182 of 2004 has provided the legal framework by which Maltese producers may classify their products in accordance with EU quality schemes, unfortunately the response has been quite minimal.

The proposals contained in this Communication offer interesting prospects for Maltese producers and could ensure that such quality produce would be recognised at EU level, a matter which has become of great concern to European consumers.

EU Regulatory proposals following the Communication are anticipated for mid-next year.

Dr Mallia, an associate at Fenech & Fenech Advocates, specialises in European law, with an interest in food law.

nicola.mallia@fenlex.com, www.fenechlaw.com