Welcome to the latest edition of Brussels in Brief. The BAB team is here, we are in Brussels and we want to work on behalf of you and your members. You can find out more on what is happening in Europe at our website - BAB (britishagriculturebureau.co.uk).
Simplification and farmers place in the value chain
MEPs voted last Thursday to support AGRI’s request for an urgency procedure to adopt a draft proposal to lessen the administrative burden of the Common Agricultural Policy (CAP). GAEC conditionality of CAP support will become voluntary, for example on fallow land and crop rotation, while others will be weakened. In addition, farmers with less than 10 hectares will be exempt from all controls and penalties. Agriculture MEPs will vote on the handful of amendments proposed by the Council and will vote for final adoption during the last plenary session of this legislative term the week of April 22.
As part of the EU’s Simplification Package, the Commission also aims to improve the position of farmers in the food chain with the main focus on protecting them against unfair trading practices (UTPs). Several short-, medium- and long-term actions have been proposed in a Commission ‘non-paper’. The Commission has also launched a call for applications for the EU-agri food chain observatory - which aims to investigate production costs, margins and trading practices. The conclusions will be finalised in parallel with the strategic dialogue (autumn 2024).
On 10 April 2024, MEPs approved their final report on the first EU legislation to give soil a protection status similar to that of air and water. MEPs backed the overall aim of having healthy soils by 2050, in line with the zero pollution ambition, & agree on the need for a harmonised definition of soil health & a “comprehensive & coherent monitoring framework to foster sustainable soil management & remediate contaminated sites.” Under the new law, Member States will have to monitor & assess the health of their soils, while they will decide on the best words to describe each type of soil at national level.
On 10 April 2024, the European Parliament approved the provisional agreement with EU Member States on a new carbon removal certification scheme. This will establish an EU wide certification framework, and registry, for permanent carbon removals, carbon farming and carbon storage in products.
Industrial Emissions Directive - tougher rules for pigs and poultry
Last week, the Council adopted the revised directive on industrial emissions. The IED enter into force on the twentieth day following publication in the EU Official Journal following which EU member states will have up to 22 months to incorporate the provisions of the directive into their national legislation.
In 2028 (and every five years thereafter), the Commission will review and assess the implementation of the directive, taking into account emerging techniques. Additionally, by 2026, the Commission must assess how to best address the emissions generated from cattle farming and from agricultural products placed on the EU market.
UK farming unions respond to animal welfare during transport proposals
In December 2023, the Commission published a proposal to amend the EU’s welfare during transport legislation for animals. The proposals include a limit to journey times, improving the recording and authorisation process for journeys, increasing space allowances during transport and limiting the age of transport calves. You can read the BAB response on the ‘Have Your Say’ portal. Nearly 5,000 responses have been submitted. Negotiations in the Parliament and Council will be postponed until after the EU elections.
EU-Ukraine trade
Discussions on renewed trade concessions for Ukraine are edging towards an agreement which includes an extended reference period for calculating duty-free quantities, as well as increased monitoring of wheat and other grain imports. In practice this would mean lower thresholds for duty free Ukrainian sugar, poultry, eggs (plus honey, maize, oats and groats) allowed into the EU. To note that this is likely to be the last extension of the current preferential regime, as the EU and Ukraine aim to negotiate an updated Association Agreement in the next 12 months. The final text is due to be voted during the European Parliament’s plenary session week commencing 22 April 2024.
EU approves extra funding for Dutch voluntary closure of farms
The European Commission has approved, under EU State aid rules, amendments to two existing Dutch schemes to compensate livestock farmers for the voluntary definitive closure of livestock husbandry sites, aimed at reducing nitrogen deposition in overburdened Natura 2000 protected areas. The schemes are open to small and medium-sized livestock enterprises in the Netherlands that voluntarily and irrevocably close their breeding sites, where these sites' nitrogen deposition load exceeds certain minimum levels. The Netherlands notified to the Commission amendments to the schemes, consisting mainly of a budget increase of over €2 billion for the schemes to allow more farmers eligible under to schemes to be compensated, and the closure of more breeding sites.
Dutch farmers protested in Brussels this week over the potential expiration of the derogation for grassland under the Nitrates Directive.
French Council of State suspends national ban on meat names for plant products
France’s highest court, the Conseil d’État, on Wednesday suspended the government’s ban on the labelling of plant-based foods as vegetarian “meats”. Six plant-based companies asked the court last week to overrule the ban, which Prime Minister Gabriel Attal had introduced in February. A judge ruled this week that “there is serious doubt as to the lawfulness of that prohibition,” and referred the matter up to the European Court of Justice (ECJ) for the second time. The Conseil d’État suspended a first ban from 2022 over fears it violated EU law (we are still waiting on the ECJ ruling).
The decision could unsettle other member States as they attempt to pass, or maintain, similar bans. Italy, in particular, launched its own prohibition last year, but is now considering loosening the rules in the face of legal opposition.
New French agricultural law puts food sovereignty on an equal footing with environmental protections
Following a promise made to protesting farmers, French Agriculture Minister Marc Fesneau presented a new draft of the agricultural policy law to the French Council of Ministers. The law “puts food sovereignty at the heart of parliamentary and public debate” as a “structuring element of public policy.” The proposed law keeps some of the promises made by the French executive on the removal of tax on diesel fuel used in agriculture, and various administrative simplifications.
It enshrines agricultural sovereignty in Article One as a priority for the future, and a funding element of political action. The aim is to ensure food and biomass production stimulating the generational renewal in farming and its adaptation to climate change.
In addition, the French Government is planning to propose a law to create floor prices for products. This will ensure that farmers are always paid enough to cover the costs of production. This would ask each sector to submit an estimate of production costs every 4 months. Critics consider that this may lead to overproduction and threaten environmental goals.
EU looks to continue increased State Aid provisions for farmers
The European Commission has sent to Member States for consultation a draft proposal for a limited prolongation of the State aid Temporary Crisis and Transition Framework (‘TCTF') in order to allow continued support for the primary agricultural sector in view of the persisting market disturbances following Russia’s illegal invasion of Ukraine. The limited prolongation will allow Member States to continue providing limited amounts of aid to farmers where needed and ensure that crisis support measures are implemented effectively.
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