IFOAM has used these four principles as a guide to analyse 10 definitions of organic agriculture used in the context of regulations (Luttikholt 2006). On average the definitions used in the legal context cover only value elements of two of the four principle elements, but IFOAM itself does not provide a clear listing of the principal elements that were used for this analysis. Most definitions that were analysed (9/10) refer to elements of the Ecology Principle and to elements of the Health Principle (8/10) including regulating inputs and avoiding pollution. Only a small number refer to elements of the Fairness Principle (3/10) including animal welfare, economic sustainability and elements of the Care Principle (2/10). Only the FAO/Codex definition refers to elements of all four principles. This illustrates that there appears to be difference between the sectors own
understanding of what it core values and principles are and the perspectives of the regulators. Whereas values related to the Principles of Health and Ecology are shared, differences exist in particular in relation to the social values represented mainly in the Principle of Fairness and the precautionary values represented in the Care Principle.
2.3.1 Comparison with Regulation (EEC) 2092/91
Based on the list of value elements in each principle used above a similar comparison can be carried out with the Regulation (EEC) 2092/91. In the absence of a clear definition of organic farming in the regulation, aspects of the definition underlying the existing Regulation (EEC) 2092/91 have been taken from a number of different sections:
Preamble (P3 consolidated version):
6th paragraph: ‘whereas a framework of Community rules on production, labelling and inspection will enable organic farming to be protected in so far as it will ensure conditions of fair competition between the producers of products bearing such indications and give the market for organic
products a more distinctive profile by ensuring transparency at all stages of production and processing, thereby improving the credibility of such products in the eyes of consumers;’ 8th paragraph: ‘Whereas, in the interests of the producers and purchasers of products bearing indications referring to organic production methods, the minimum principles which must be complied with in order for products to be presented with such indications should be laid down;’ 9th paragraph: ‘Whereas organic production method in particular the significant restrictions on the use of fertilisers, pesticides which may have detrimental effect on the environment or result in the presence of residues in agricultural products;’
Article 6 which in summary states that for a produce to be labelled as organic the rules in Annex I have to be followed and only input listed in the Annexes can be used, GMO must not be used. Annex I A includes some reference to the maintenance of soil fertility, to a combination of
techniques for pest, disease and weed control and in line with the above definition restricts the use of Annex II (input) materials. The later introduced Annex IIB (EU Regulation 1804/1999) states some general principles of organic livestock production, such as integration with crop production, land-base nature, access to range and protection of the environment and preference for stock from organic origins. The more detailed rules in later sections of Annex II indicate some further
underling values, such as to consider the adaptability of breeds to the local conditions in 3.1 and the disease prevention principles for animals under 5.1.
The Regulation (EEC) 2092/91 therefore appears to make reference to the following ethical values of organic farming that were identified above:
• Plant and animal health, Reducing the likelihood of residues all referred to in the IFOAM Principle of Health;
• Balance of ecological systems (between crops and livestock), reduced use and recycling of inputs, agricultural diversity (related to bio-diversity), and local adaptation or site
specificity, all referred to in the Principle of Ecology;
• Fairness of competition, transparency of labelling and consumer protection (as referred to in the Principle of Fairness), and
• Excluding GM as referred to in the Principle of Care.
It can be concluded that the Regulation (EEC) 2092/91 mainly builds on value elements related to the IFOAM ethical Principles of Ecology and Health and makes some reference to Fairness and Care in relation to competition and to transparency and excluding GMO.
2.3.2 Comparison with the proposal for a new regulation16
The ethical value base of organic agriculture can also be contrasted with the Finnish presidency text for a new regulation governing organic agriculture of December 2006 (see Table 2-3). The
following discussion follows the structure of the four IFOAM principles, using the value elements that were identified and contrasted with the literature in this report.
The overall impression is that compared to earlier versions a much larger number of the value elements represented in the four ethical principles of organic farming have been considered in the final regulation draft. Well represented are values related to the Principles of Ecology, Health and Care. Also the value of Fairness is represent but in a narrower understanding than referred to in the organic literature in relation to social values. However, despite general reference to social values in the principles, most private organic standards in Europe have also not yet taken up this area as part of their rules and there is a general absence of the codification of social values in organic standards (Lockie et al. 2006).
16
As agreed in principle by the Council of Ministers in December 2006 and adopted with some modifications in June 2007
Table 2-3 Comparison of values in IFOAM principles with Finnish Presidency draft from 14/12 2006 Principle elements Aims Objectives Principles Farming principles Processing principles
Art 1&3 Art 4 Art 5 Art 6 &6a
HEALTH ( ) 3c
System health 3a (i) 4a(iv) 5m
Soil health 3a (i) 5a
Animal health 3a (i), 3c 5e,k
Plant health 3a (i), 3c 5ee
Integrity ( ) 4b(i) 5h, j, f, l 6(a), 6a(a)
Resilience ( ) 5k
Food quality 3b
Non-polluting 3c 4c 5f 6(b), 6a(b)
ECOLOGY
Ecological systems 3a (i) 4a (ii) 5d, f
Closing cycles 4a (ii) 5a, c
Site specific 4d 5d, f
Reduced inputs 3a (iii) 4b 5b, c 6(d)
Self-regulation ( ) 3a 4a 5a, e, ee
Bio- diversity 3a (ii) 5i
Environmental protection 3c
FAIRNESS 1
Equity Respect
Justice (economi, social, env)
Food sovereignty ( ) 3c
Animal welfare 3a (iii) 5g
Stewardship
Transparency 3 6(c), 6a(d)
CARE 6(d), 6a (d)
Precaution/prevention 4a (iv)
Exclude GMO 4a (iii)
Responsibility
Future generations 3a
Tacid knowledge Integrative values
Sustainability 1, 3a
Naturalness 3a 4a, 4a (i), 4c
Systemic thinking 3a 4a
The value elements of the Principle of Health are mentioned mainly in the Objectives (Art 3) of the accepted Finnish Presidency draft, but not in all cases is the value covered in the same way as referred in documents about the normative value base of organic agriculture that were analysed as part of this report. In particular, the EU draft regulation refers to human health only in the sense of avoiding harm where as the organic literature and IFOAM clearly refer to the value of human health also in the sense of an obligation to enhance human health. Some values related to health are
reflected in the Art 4 Principles mainly in the form of risk assessment, the use of precaution and prevention. The non-pollution value is clearly reflected in the Art 4c- strictly limiting the use of chemically synthesised inputs to exceptional cases.
Differences also occur in relation to the values of systems integrity and resilience. The EU regulation refers to a value of integrity clearly in relation to establishing the principle of a
preference for organic inputs (Art 4b), whereas the organic literature also uses this terms in relation to the functional integrity of a system, its resilience and wholeness and in particular the need to
respect the intrinsic value of all elements of a system. The EU principles applicable to farming (Art 5) mention the specific preference for organic over non organic inputs in relation to animals and feed but not in relation to organic seeds and transplants.
In the draft for the EU regulation the concept of systems health is included as an objective (Art 3) which is reflected in Art 4 (overall principles) through reference to risk assessment and prevention. Immunity related to system resilience is directly mentioned in relation to animal health in the farming specific principles in Art 5.
Most value elements identified in the IFOAM Principle of Ecology are well considered both in the Articles 3 and 4 in the legislation draft. The only exception is self-regulation of the system which is implied in the text in Art 3a and in 4a (based on ecological systems, to develop sustainable
agriculture based on system design and management). However, the value of bio-diversity appears not so well represented in the general and especially specific principles where there is no mention of habitat protection.
In wanting to establish the basis for the sustainable development of organic production, while ensuring the effective functioning of the internal market, the main aim of the regulation draft refers to values that are related to the IFOAM Principle of Fairness. This is a narrower understanding of Fairness than suggested by IFOAM. In some parts of the organic movement ‘fairness’ in the food chain and ‘free trade’ are seen as contradictions. The Principles of Fairness covers both
economic/social and ecological aspects of justice, which are both not covered by the new draft. With the aim to guarantee fair competition through the provision of clear labelling laws the regulation covers the value of transparency. In addition, the value of animal welfare is more strongly represented in the new EU draft than in the IFOAM principles.
Several values of the Principle of Care are clearly referred to in the regulation draft, in particular by referring to the aim of establishing sustainable management of agricultural systems in Art 3a, establishing the principle of risk assessment, precaution, prevention in Art 4 a (iv), and stating the GM prohibition in Art 4a (iii). Not explicitly mentioned in the earlier articles are general
responsibility of all operators and the respect for tacit knowledge (traditional and non-scientific) and of care, some elements are included in Article 6. In particular the former would be important in establishing a greater emphasis on self-regulation.