EU food systems law proposal hits first stumbling block

The impact assessment on the proposal future framework for sustainable food systems (FSFS) has failed to win approval from the Commission’s quality control board, according to sources, although this is not expected to delay the presentation of the proposal. 

The framework, which is expected in the third quarter of this year, aims to accelerate and facilitate the transition to sustainable food systems.

According to sources inside the advisory group on the sustainability of food systems (AGSFS), which took place on Friday (12 May), the impact assessment on the law received a negative opinion from the regulatory scrutiny board (RSB), the independent quality control body within the Commission that advises the College of Commissioners.

The concerns mainly revolved around the articulation of the framework with sectoral and national legislation, as well as the impact of fragmentation of sustainability legislation and the gaps that the framework would fill, the source said.

The impact of the framework of the internal market and on the different policy options were also flagged as a caused for concern, as these were considered very ‘high-level’.

EU food systems law to lean on green labelling, procurement

Mandatory requirements for sustainable public procurement and a voluntary harmonised sustainability labelling system have been ranked among the preferred policy initiatives under the EU’s framework for a sustainable food systems (FSFS) law, according to a leaked impact assessment.

Still on track?

According to the source, the reservations expressed by the RSB will not require further data collection. However, the negative opinion means that the draft report must be reviewed and resubmitted to the board before it can proceed.

This is expected to be re-submitted in early June, with a second opinion expected end of June.

However, the negative opinion is not expected to impact the proposal’s timeline,  according to the Commission representative present at the advisory group meeting, DG SANTE’s Alexandra Nikolakopoulou, who pointed out that the proposal can still be published in September provided the next opinion is positive.

The question of timing is key if the proposal is to pass ahead of the 2024 EU elections. The source added that this is the latest in a line of initiatives to be rejected by the RSB, which has led to some ‘reshuffling’ of Commission work.

What’s expected next?

To help move things along on the file, the Commission will organise a dedicated stakeholder forum over the summer to discuss principles and definitions, although the representative stated this is not a consultation and, therefore, will not delay the preparation of the proposal.

They added that the Commission’s joint research centre (JRC) would also survey stakeholders to consult on the sustainability requirements for sustainable public procurement.

The Commission also offered some clarification regarding labelling, which was placed front and centre of a leaked draft impact assessment, and the relationship between FSFS and the green claims proposal, confirming that the FSFS would take precedence.

This means that if an EU sustainability label is proposed, it would precede the rules on environmental labelling from the green claims initiative.

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Carbon neutral claims are misleading and confuse consumers, according to a new report from consumer group BEUC who call for the terms to be banned from food and drink products in the EU. 

For Isabel Paliotta, policy officer at the European environmental bureau (EEB), it is ‘disheartening’ to hear of the negative opinion.

“The Commission must deliver on publishing a robust proposal for a SFS Law. Without an overarching framework setting a clear direction of travel for EU food systems, it is difficult to imagine how the fundamental commitments of the Farm to Fork can be fulfilled,” she said, urging the Commission to address the issues raised by the RSB and present a new assessment “as soon as possible”.

Agrifood industry wants in on the action

The news comes as a coalition of agrifood industry players, spearheaded by EU farmers’ association COPA-COGECA and 30 other key industry voices, joined forces to call for more involvement in shaping the law in a letter addressed to the Commission sent on Friday (12 May).

Citing worries about the “limited ongoing dialogue”, the signatories note that, given the complexity of the FSFS framework, there is a “clear need for a proper assessment of its potential associated costs and of supports for the transition”.

“Such an assessment “cannot be made without the involvement of all players involved in the agri-food value chain,” the letter, also presented during the advisory meeting, reads.

[Edited by Alice Taylor]

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