Nowadays, more and more people buy from local producers in the Member States, but local producers can only sell across the border in very complicated and expensive ways, mainly because of the measures taken by the Member States to protect their own agricultural producers. The development of short cross-border supply chains and the inclusion of local products from across the border in mass catering is not yet possible, even though it could be physically developed in many cross-border functional catchment areas.
At present, the legislative environment at national level leaves a rather limited space for cross-border sales of local products: they must either be produced on an operational basis or sold locally to customers (in which case the customer crosses the border, not the producer), or an intermediate sales organisation must be established which then resells the product to third parties (including cross-border customers). The main reason for this is that traceability and quality assurance are not ensured across borders, only in case of plant size.
In Hungary, the strengthening of the economic role of families is supported by the relevant legislation, as the backbone of agricultural production is determined by the form of production based on family farms. The production activity carried out in a cross-generational framework is able to ensure the permanence and growth of the countryside on a lasting basis, while at the same time ensuring the preservation of the diversity of agriculture and strengthening its adaptability in the long term. The production of local products in small quantities, i.e. for marginal and local sales, is permitted by EU law and supported by lighter hygiene rules. In particular, it allows the continued use of traditional methods at any stage of production, processing or distribution of foodstuffs and in relation to the requirements of the establishments necessary for them.
For small quantities of basic products, it is up to the Member State to decide whether to apply the general EU rules for food business operators to these products, or to establish food safety and hygiene rules on the basis of a possible “exception” at national level. In order to support traditions rooted in Hungarian culture, the Hungarian legislator adopted Decree No 52/2010 on the conditions of small-scale food production and sale. (IV. 30.) FVM decided in favour of the ‘exception’ by adopting a decree, given that the primary priority at the time was to ensure the widest possible distribution of local products within the country.
In Hungary, small producers supply small-scale food to the final consumer:
If the small producer is a natural person, the production and sale of small producer food
In Slovakia, the conditions for processing own basic products into small quantities are regulated by a government decree, which lays down the health requirements for the sale of small quantities of basic products of plant and animal origin, milk and milk products to the final consumer and retail institutions. The addendum to the Decree allows the processing of small quantities of own products in own premises which are not officially approved units, but which must comply with health regulations.
The range of people who can work with this:
Each group is subject to different regulations regarding formation, documents required for the formation of the given company, tax and reporting obligations.
The sale can take place according to the rules on small-volume sales:
In Hungary, good cooperation has been established with the Ministry of Agriculture’s area responsible for food safety. The findings of CESCI’s previous second legal accessibility project were partially taken into account in the report 60/2023. (XI. 15.) of the Minister for Agriculture on the hygiene conditions of small-scale, local and marginal food production and sale and their facilitation, helping domestic small-scale producers and ‘small-scale’ food producers. In addition to the expansion of the quantitative limits of the basic product and the products produced from it, the sales opportunity was expanded by home delivery, the use of a parcel delivery point or an automatic machine. The new option represents an approximation in the regulations of the two countries.
Relevant authorities on the Hungarian side:
Online product sales are also supported in Slovakia for local products that comply with food safety requirements. You can also sell Hungarian products online in Slovakia, but you have to comply with Slovak e-commerce legislation, and if sales exceed the relevant threshold, you need to register for VAT in Slovakia.
Relevant authorities on the Slovak side:
Personal consultations also took place in connection with the previous legal accessibility study of CESCI, and within the framework of the #ACCESS project good relations were established with the Hungarian and Slovak agricultural chambers during the interviews. We also contacted the Small Scale Association, which works for small farmers, family farms, agritourism service providers and local food systems, short supply chains (REL).
The Gorizia Vegetable Gardens programme was implemented in the twin towns of Gorizia/Gorica financed by the European Union and the Slovenian State in cooperation with the local rural development agency in northern Primoska and the Federation of National Cooperatives of Friuli – Venezia Giulia. A virtual marketplace has been created, where the delivery point for online orders is located in Sant’ Andrea (Štandrež), Italy. Their plans include home delivery of fruits and vegetables. The main aspect of the initiative is to connect as many small producers as possible with as many direct consumers as possible without involving an intermediary trader.
Food hygiene and food safety in the Baltic region. The project brought together German, Swedish and Polish food hygiene authorities to harmonise the interpretation of Community harmonised food rules. The aim was to develop a harmonised procedure for the hygiene control of small-scale fish smokers and to cooperate in standardising controls. One of the outputs of the project was the production of a publication providing information on the legislation applicable to cross-border traders. The participants of the project prepared a jointly developed questionnaire and jointly developed hygiene control principles aimed at removing barriers to cross-border sales.
Swedish portal Point of Single Contact: several forms required for the declaration of commercial activity can be downloaded, e.g. the registration form for street vendors, which contains the boxes to be filled in not only in Swedish but also in English; the form draws particular attention to the fact that, if food is to be sold, the health authority must be contacted.
It is necessary to examine the separate Hungarian and Slovak national regulations (and their possible amendments) in relation to the cross-border sale of local products. A solution may also be the conclusion of a bilateral agreement that lays down rules specifically for local producers in the border region, taking into account cross-border sales as well.
The regulatory areas to be examined as a starting point are the following:
Explore the provision of further administrative approximations in the following areas:
online bilingual information on regulation and relevant authorities for both producers and buyers.
The project is financially supported by the European Union,
within the framework of the Interreg Hungary – Slovakia Programme.
For more information visit www.skhu.eu.
The project is financially supported by the European Union,
within the framework of the Interreg Hungary – Slovakia Programme.
For more information visit www.skhu.eu.