The new perspective for the development of food law is the necessary response to requests aimed at sustainability in the entire food sector. In fact, Food Law must provide tools that allow the control of certain environmental criticalities involving the production and marketing of food products: think of the problems related to the consumption of agricultural land, the exploitation of local heritage resources, the protection of biodiversity, of the soil and water, as well as defending the landscape. As for possible convergences, similarities and/or conflicts, it is appropriate to briefly investigate the potentially colliding relationship between food law and environmental protection. Food Law, although based on a matrix that unites it with environmental law, in fact, can easily highlight areas of "tension", especially when one thinks of the story of genetically modified organisms, which evokes problems of comparison between the objectives of protecting the human, environmental and landscape health and opposing typical interests of the agri-food chain. The doctrine has now identified a multifunctionality of the tasks of agriculture, which proves to be "useful" also for environmental purposes - moreover in the latest European regulations on the matter, farmers are assigned the function of environmental tutors - so that agricultural cultivation does not it is more limited to the production of food, but all the agricultural operator's activity must also operate for hydrogeological protection, the improvement of the environmental and landscape quality, the production of the energy necessary for the city, the activation of economic systems, especially in the local food (so-called zero hectare). Agriculture conceived in this way can well become a protagonist, with a leading role in the protection of the environment, in the context of the renewed world scene which is now fully committed to the affirmation of the model of Sustainable Development. In the latest regulatory instruments of the Union - the EU regulations of the European Parliament and of the Council no. 1305, 1306 and 1307 of 2013 - the trend towards enhancing environmental profiles in the context of the design of the Common Agricultural Policy seems evident. Indeed, the program to increase the competitiveness of the agricultural sector is inherent in the CAP reform of 2013, promoting innovation and sustainable agriculture, growth and employment in rural areas and dedicating financial assistance towards the goal of productive use of the land. However, while the signs of a clear and meaningful integration of the environmental provisions within the CAP are evident, it is not uncommon for a perverse effect to appear and continue to reappear: sometimes, in some particular areas, such as energy alternatives or biofuels, the effort to protect the environment translates into a prejudice for agriculture with inevitable negative repercussions on the same environment which was intended to protect in the original intentions.
Il diritto alimentare nella prospettiva dello sviluppo sostenibile in linea con Agenda 2030 e con il Green New Deal
G. Mastrodonato
2020-01-01
Abstract
The new perspective for the development of food law is the necessary response to requests aimed at sustainability in the entire food sector. In fact, Food Law must provide tools that allow the control of certain environmental criticalities involving the production and marketing of food products: think of the problems related to the consumption of agricultural land, the exploitation of local heritage resources, the protection of biodiversity, of the soil and water, as well as defending the landscape. As for possible convergences, similarities and/or conflicts, it is appropriate to briefly investigate the potentially colliding relationship between food law and environmental protection. Food Law, although based on a matrix that unites it with environmental law, in fact, can easily highlight areas of "tension", especially when one thinks of the story of genetically modified organisms, which evokes problems of comparison between the objectives of protecting the human, environmental and landscape health and opposing typical interests of the agri-food chain. The doctrine has now identified a multifunctionality of the tasks of agriculture, which proves to be "useful" also for environmental purposes - moreover in the latest European regulations on the matter, farmers are assigned the function of environmental tutors - so that agricultural cultivation does not it is more limited to the production of food, but all the agricultural operator's activity must also operate for hydrogeological protection, the improvement of the environmental and landscape quality, the production of the energy necessary for the city, the activation of economic systems, especially in the local food (so-called zero hectare). Agriculture conceived in this way can well become a protagonist, with a leading role in the protection of the environment, in the context of the renewed world scene which is now fully committed to the affirmation of the model of Sustainable Development. In the latest regulatory instruments of the Union - the EU regulations of the European Parliament and of the Council no. 1305, 1306 and 1307 of 2013 - the trend towards enhancing environmental profiles in the context of the design of the Common Agricultural Policy seems evident. Indeed, the program to increase the competitiveness of the agricultural sector is inherent in the CAP reform of 2013, promoting innovation and sustainable agriculture, growth and employment in rural areas and dedicating financial assistance towards the goal of productive use of the land. However, while the signs of a clear and meaningful integration of the environmental provisions within the CAP are evident, it is not uncommon for a perverse effect to appear and continue to reappear: sometimes, in some particular areas, such as energy alternatives or biofuels, the effort to protect the environment translates into a prejudice for agriculture with inevitable negative repercussions on the same environment which was intended to protect in the original intentions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
